Tag Archives: North Carolina

House: Opening with a Vacancy

By Jim Ellis

North Carolina Republican Mark Harris

Jan. 7, 2019 — When the new House of Representatives convened last week, they did so with only 434 voting members, not 435, as the situation in North Carolina’s 9th District remains unresolved.

To recap, Republican Mark Harris scored an apparent 905-vote victory over Democrat Dan McCready on election night, but the results remain uncertified due to what a majority of Board of Elections panel members are citing as voting irregularities in one county. The panel is scheduled to next meet this Friday, Jan. 11th, and organizing a new election is the likely resolution.

Previously, the Board only had the power to order a rerun of the general election. Hence, the subsequent election would have included only Harris, McCready, and Libertarian Jeff Scott. Considering the media hit that Harris has received over the election irregularity controversy, his chances of winning the rerun are slim. (He hired the Red Dome Consulting firm, which contracted with the individual accused of orchestrating the ballot harvesting operation, McCrae Dowless, the vice chairman of the Bladen County Soil and Water Conservation Board.)

Therefore, with Republicans controlling the legislature, they quickly constructed a legislative package that would give Democratic Gov. Roy Cooper largely what he wanted in naming a new Board of Elections panel, while changing the post-election law to allow open primaries. This would give the GOP the opportunity of replacing Harris in the general election.

The legislature quickly passed the reform package at the end of the year with an overwhelming margin, because most Democrats voted for the bill as it included their much-wanted Board of Elections changes. The legislation was sent to Gov. Cooper with veto-proof majorities in both houses.

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Apportionment Projections:
Who is Gaining, Who is Losing

By Jim Ellis

Jan. 3, 2019 — Late last year, we covered the new Census Bureau report for the states gaining and losing population during the past 12-month period. Now, we see the agency’s latest just-released numbers for the decade through this past July. Armed with the new data, outside mathematicians have made apportionment projections to provide a more defined picture as to which states will be gaining or losing US House seats in the 2020 post-census reapportionment.

With two years remaining in the present decade, trends can still change and we must remember that the reapportionment formula is complex, but the new projections give us a strong idea as to just how many seats, give or take a small variance, will transfer. At this point, according to the Washington, DC-based Election Data Services, it appears that as many as 22 seats could change location affecting 17 states.

Texas, having gained 3.55 million people since the 2010 census, looks to be adding as many as three seats for the 2022 elections and beyond. This will give the Lone Star State 39 seats during the next decade, and 41 electoral votes in the succeeding presidential elections.

Florida was the second largest gainer with just under 2.5 million new residents, meaning the Sunshine State will likely gain two seats, going from 27 to 29. In terms of raw numbers, California gained more than 2.3 million people, but it actually dropped a tenth of a point below the national growth average of 6.3 percent for the past eight years. This means the Golden State is currently on the hook to actually lose a district for the first time in history.

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Potential Specials in North Carolina

By Jim Ellis

Dec. 12, 2018 — Rep. Mark Meadows (R-Skyland/Asheville) being mentioned as a possible successor to outgoing White House chief of staff John Kelly means that a special election would be called for western North Carolina if the congressman were to vacate his district. Should this come to pass, the state may be forced to host two congressional special elections but possibly under different rules.

North Carolina Congressional Districts

The 9th District, which stretches from Charlotte to Fayetteville along the South Carolina border, is likely headed to a new vote since the state Board of Elections refuses to certify Republican Mark Harris’ 905-vote lead over Democrat Dan McCready due to election irregularities in one county.

Though the two potential elections could reasonably be held under the same schedule, the process parameters surrounding each are likely to be different.

If Rep. Meadows’ district opens, the special election will be run under traditional rules, meaning open partisan primaries and a general election once nominees are chosen. But, not so in the 9th District.

Under North Carolina law, should the Board of Elections declare the original election null and void after their investigation into the alleged irregularities concludes, a new special election would be a rerun of the 2018 general election, meaning the candidates would be Harris, McCready, and Libertarian nominee Jeff Scott.

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Two House Races Still Not Decided

By Jim Ellis

Dec. 6, 2018 — Two House races are still not finalized, with one possibly headed for a new election. In California, action is still not complete now almost a month after Election Day. Democrat T.J. Cox leads Rep. David Valadao (R-Hanford/Bakersfield) by 843 votes in the 21st District with an undetermined number of ballots remaining to be counted. It does appear that Cox will be declared the winner, but the election officials actually doing finalizing the race still have not done so.

In North Carolina, the state Board of Elections has blocked certifying Republican Mark Harris’ victory over Democratic businessman Dan McCready in the state’s open 9th District. The seat went to open status after the North Carolina primary in May when Harris, formerly a Baptist pastor, upset Rep. Bob Pittenger (R-Charlotte) in the Republican primary.

Ironically, a practice referred to as “ballot harvesting” appears to be at the heart of the California political overtime races and this one suspended result in North Carolina. Ballot harvesting is the act of an individual gathering absentee ballots from voters, bundling them together, and turning them over to election officers for counting purposes. In California, ballot harvesting is now legal. In North Carolina, it is not.

In the Golden State, the Valadao district is the last to turn. In five other seats, all Republican held, the GOP candidate led through Election Day and mail counting, only to see the tables turn when provisional ballots were added. Statewide, almost 2 million votes were in this category, so an average of approximately 35,000 such votes were present in most congressional districts.

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NC-9: Certification Problems

By Jim Ellis

North Carolina Republican Mark Harris

Nov. 30, 2018 — The North Carolina Board of Elections has failed to certify Republican Mark Harris’ victory in the open 9th Congressional District, action that may initiate a long legal battle.

Board Vice Chairman Joshua Malcolm (D) objected to certifying Harris’ 905-vote victory over businessman Dan McCready (D) from 282,717 total votes cast. The seat was open after Harris, a Baptist former pastor and ex-US Senate and congressional candidate, defeated Rep. Bob Pittenger (R-Charlotte) in the May Republican primary.

Malcolm cited “irregularities” in Republican Bladen County, an entity that Harris carried by 1,557 votes, obviously more than his district-wide margin, as his reasoning to the other board members as to why the result should be at least temporarily suspended.

The 9th District begins in Mecklenburg County and then travels down the South Carolina border to the Fayetteville area. It includes five complete counties and parts of three others including Mecklenburg and Bladen. Harris carried only Union County and Bladen’s 9th District section, but his margins were large enough in these two places to overcome McCready’s advantage in the other six local entities.

The North Carolina Board of Elections (BoE) is a nine-member panel that has been at the center of controversy between Gov. Roy Cooper (D) and the Republican legislature. After Cooper defeated then-Gov. Pat McCrory (R), the legislators passed a series of bills that limited some of the governor’s power. One of the measures involved changing how the Board of Elections’ membership was appointed.

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More House Calls

By Jim Ellis

Nov. 13, 2018 — While two key Senate races in Florida and Arizona as well as the Georgia governor’s campaign remain languishing in a situation rife with uncounted votes and complaints about election officials, progress is being made with outstanding House races.

California Rep. Dana Rohrbacher (CA-480

Two of the nine congressional races were called over the weekend, one for each party. Looking at the trends in the remaining seven, it appears the Democrats’ final conversion number may now approach 40.

In California, 15-term Rep. Rohrabacher (R-Costa Mesa) has gone down to defeat at the hands of businessman Harley Rouda (D). Though thousands of votes remain to be counted, a projection has been made in Rouda’s favor. Three more California races still remain uncalled, however, and a final result could still consume days if not weeks.

Rep. Rohrabacher fell into trouble in what should be a strong Republican district with stories about how the congressman was making favorable statements toward Russian president Vladimir Putin and being close to some Russian officials. The FBI warned Rohrabacher that the Kremlin had even assigned him a code name. Republicans, concerned about his actions, curtailed his role as chairman of the House Foreign Affairs subcommittee on Europe, Eurasia, and Emerging Threats.

Rohrabacher signaled his political trouble when he scored only 30.3 percent of the vote in the state’s jungle primary, even though he finished first in a pool of 16 candidates. Rouda, placing second by just 125 votes, which allowed him to advance into the general election, was able to overwhelm the congressman in campaign funding. The Democrat’s campaign spent over $7 million, including $2 million from his personal finances, as compared to about $2.5 million for Rohrabacher.

Turning to North Carolina, Baptist former pastor Mark Harris (R) has successfully held the open 9th District Republican seat, as he defeated businessman Dan McCready (D). Harris has been projected to win with an approximately 2,000-vote margin (49.4 – 48.8 percent), and overcame a better than 1:2 ratio in campaign spending.

It appears McCready will spend close to, or over, $5 million in his losing effort as compared to Harris spending in the $2 million range. In the Republican primary, Harris unseated three-term Rep. Bob Pittenger (R-Charlotte), but he managed to hold what became a competitive seat in the general election.

The 9th District begins in the Charlotte metropolitan area and then stretches along the South Carolina border all the way to the Fayetteville suburbs. McCready, a business owner, was one of the Democratic candidates saying he would not support Nancy Pelosi for Speaker, even going so far as to making the statement in his campaign ads.

The remaining uncalled offices are:

• CA-10 (Rep. Jeff Denham (R) now trailing Democratic venture capitalist Josh Harder)
• CA-39 (former Assemblywoman Young Kim (R) leading retired Naval officer and lottery winner Gil Cisneros (D)
• CA-45 (Rep. Mimi Walters (R) leading Democratic law professor Katie Porter)
• GA-7 (Rep. Rob Woodall (R) leading former state legislative committee staff director Caroyln Bourdeaux (D)
• ME-2 (Rep. Bruce Poliquin (R) vs. Democratic state Rep. Jared Golden – see NOTE below)
• NJ-3 (Rep. Tom MacArthur (R) trailing former National Security Council official Andy Kim (D)
• UT-4 (Rep. Mia Love (R) trailing Democratic Salt Lake County Mayor Ben McAdams)

All of these races have a greater number of outstanding and uncounted ballots than the current margins, and thus each could still turnaround.

NOTE: In the Maine district, it appears that Rep. Poliquin will likely finish ahead of Golden but will not attain majority support. In previous years, this would have elected Poliquin, as it would in almost every other state, but Maine’s new ranked voting instant run-off system will likely flip the result to Golden. Therefore, we can expect continued counting and much legal wrangling to occur until this final result is recorded.

The Final Outlook

By Jim Ellis

Nov. 6, 2018 — Election Day has arrived, but it is likely that a majority of those planning to vote have already done so. Early voting totals are way up in most of the 37 states that employ a pre-election ballot casting procedure in comparison to the 2014 midterm election.

According to the University of Florida’s United States Elections Project, 25 of the 37 states report receiving more early votes than they did four years ago. None, however, is larger than Texas where early voting has already exceeded that grand total votes cast in 2014. The same also has occurred in Nevada, but it’s less surprising since the last midterm aggregate turnout there was unusually low.

In Texas, just under 4.9 million votes already have been received. In 2014, the aggregate early and Election Day vote was 4.72 million. In 2014, 44 percent of the total vote was cast early. If this same pattern occurs, the current election total turnout will exceed the 2016 presidential level participation figure of 8.96 million votes, however it is unlikely that will happen. How the increased turnout will affect the election outcome is undetermined at this point, but the high number of first-time voters suggest that Democrats could improve their typical standing.

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