Tag Archives: SCOTUS

Split Tickets in AZ, NV? SCOTUS Rules in SC; Dead Heat in CA-41; Mace Leads in Two South Carolina Polls

By Jim Ellis — Friday, May 24, 2024

Senate

Former President Donald Trump

Polling: Potential Split Tickets in AZ, NV — Two new surveys find Democratic Senate candidates pulling away from their presumed Republican opponents in two southwestern swing states while former President Donald Trump continues to lead within the same polling samples.

Phoenix-based Noble Predictive Insights (May 7-14; 1,003 registered Arizona voters; online) finds Rep. Ruben Gallego (D-Phoenix) maintaining a double-digit lead, 46-36 percent, over Republican former news anchor and 2022 gubernatorial nominee Kari Lake. Yet, on the presidential ballot test, former President Trump holds a 43-36-8-2-1 percent advantage over President Joe Biden, Robert F. Kennedy Jr. (I), Jill Stein (Green), and Dr. Cornel West (I).

In Nevada, we see a similar pattern. Mainstreet Research, polling for Florida Atlantic University (May 19-21; 522 registered Nevada voters; interactive voice response system & online), finds Sen. Jacky Rosen (D) leading Republican Sam Brown, 48-37 percent. When turning to the presidential contest, however, the results flip. According to this data, Trump would hold a 44-40-9 percent advantage over Biden and Kennedy. Both the most recent Arizona and Nevada polling results suggest that each electorate could engage in ticket splitting for the top two offices on their respective ballots.

House

SCOTUS: Overturns South Carolina Lower Court’s Redistricting Ruling — On a 6-3 vote, the United States Supreme Court overturned the lower court ruling that declared South Carolina’s 1st Congressional District (Rep. Nancy Mace — R-Charleston) as a racial gerrymander. Writing for the majority, Justice Samuel Alito stated that the lower court’s ruling saying race had been the predominate factor in drawing the 1st District was “clearly erroneous,” according to the Daily Kos Elections site analysts. Therefore, the current South Carolina map will stand.

The state had already proceeded under the current lines since the high court’s decision came after the candidate filing deadline. Therefore, the current campaigns will continue along their present path.

This decision could well affect the Louisiana case, which the high court stayed. The lower court had overturned the Louisiana legislature’s original map as a racial gerrymander. The appellate court then reversed the ruling, but the Supreme Court stayed that decision. It is possible the stay was ordered because the court was making an important ruling on the South Carolina case, and that decision could again change the Louisiana situation.

CA-41: Rep. Calvert in Dead Heat — Veteran Rep. Ken Calvert (R-Corona) is again in a highly competitive race with his 2022 opponent, former federal prosecutor Will Rollins (D). The Rollins campaign just released the results of their latest internal poll from David Binder Research (May 1-6; 600 likely CA-41 general election voters; live interview & text). According to the ballot test, Rollins would hold a slight one-point lead, 45-44 percent, over Rep. Calvert. Both candidates see 31 percent of their support being recorded as definite, while 14 percent of Rollins’ voters say they could change their vote, as do 13 percent of Calvert voters.

While the polling is virtually even, the all-party jungle primary results gave Rep. Calvert a 53-38 percent advantage from 162,066 individuals who voted. The FiveThirtyEight data organization rates CA-41 as R+7.

SC-1: Rep. Mace Leads in Two Polls — While the US Supreme Court was ruling on the legality of the state’s 1st Congressional District, a new Republican primary poll was simultaneously released. Emerson College (May 19-21; 400 likely SC-1 Republican primary voters; multiple sampling techniques) publicized their new data results that post incumbent Rep. Nancy Mace (R-Charleston) to a 47-22 percent advantage over her principal challenger, former Haley Administration official and previous gubernatorial candidate Catherine Templeton. A third candidate, non-profit executive Bill Young, attracted seven percent of the vote.

The results are similar to a recent Kaplan Strategies survey (May 6-7; 343 likely SC-1 Republican primary voters; online & text) that produced a Mace lead of 43-21-3 percent.
The South Carolina primary is June 11. If no one reaches majority support, and neither poll shows Rep. Mace winning outright, the top two finishers will advance to a June 25 runoff election.

Rep. Mace Challenged by Ex-Staffer; Support Coalesces for North Dakota Candidate; Nebraska GOP, Trump at Odds; West Virginia Candidates Set

By Jim Ellis — Wednesday, Jan. 31, 2024

House

Two-term Rep. Nancy Mace (R-Charleston) challenged by former staffer Dan Hanlon. (Handout photo)

SC-1: Ex-Staffer Announces Against Rep. Mace — Dan Hanlon, a former chief of staff to two-term South Carolina Rep. Nancy Mace (R-Charleston), announced that he will challenge his former boss in the upcoming Republican primary. The move had been rumored for several weeks.

A further complicating factor is the lawsuit arguing that this district is a racial gerrymander has been heard at the US Supreme Court, and the state is awaiting a decision. If the high court rules in the plaintiffs’ favor, a 1st District redraw could be ordered. With an April 1 candidate filing deadline for the associated June 11 primary, it may be difficult to reconfigure the district for the 2024 election cycle even if SCOTUS compels the change.

Additionally, former state representative and 2018 congressional nominee Katie Arrington (R) has also not ruled out running. Without changing, the seat should easily remain in Republican hands, but the GOP primary will become interesting.

Governor

North Dakota: Rep. Armstrong Building Consensus — At-Large US Rep. Kelly Armstrong (R-Bismarck) continues to solidify himself as the heir apparent to retiring Gov. Doug Burgum (R). Former state Sen. Tom Campbell (R), an announced gubernatorial candidate, has already pulled out of the race. Instead, he will run for Rep. Armstrong’s open US House seat. It already appears that Armstrong is becoming a consensus gubernatorial candidate, and the real race will be the Republican primary to succeed him in the US House.

States

Nebraska: GOP Refuses to Endorse Incumbents — Exacerbating the feud between Cornhusker State incumbents — supported by former President Donald Trump — and establishment Republicans, the Nebraska Republican Party’s State Central Committee issued endorsements to all of the GOP primary congressional challengers.

In the Senate race, the party has endorsed retired Air Force officer John Glen Weaver over appointed senator and former Gov. Pete Ricketts. In US House District 2, the committee is officially supporting financial services executive and former congressional candidate Don Frei over Rep. Don Bacon (R-Papillion/Omaha), and in District 3, the party delegates issued an endorsement for businessman John Walz against nine-term Rep. Adrian Smith (R-Gering).

In the contests where the Republican incumbents are running unopposed for the party nomination, Sen. Deb Fischer, and Rep. Mike Flood (R-Norfolk), the committee members issued no endorsement. It is also worth noting that none of the incumbents sought the party endorsement.

West Virginia: Candidate Filing Closes — The West Virginia primary races are now set, as candidates will begin officially campaigning for the May 14th plurality primary. The races for governor and US senator will capture the most attention, while crowded primaries are underway for the open attorney general, secretary of state, and state auditor’s offices. The only statewide incumbent seeking re-election is Agriculture Commissioner Kent Leonhardt (R).

Despite all the other statewide races being hotly contested, an oddity occurred in the open state treasurer’s race in that only one candidate filed. Former state Delegate Larry Pack (R) is unopposed both in the Republican primary and the general election.

The Republican gubernatorial primary features four top candidates, Attorney General Patrick Morrisey; Secretary of State Mac Warner; former state Delegate Moore Capito, the son of US Sen. Shelley Moore Capito (R); and businessman Chris Miller, son of US Rep. Carol Miller (R-Huntington). Huntington Mayor Steve Williams is unopposed for the Democratic nomination.

The Senate Republican primary is considered a match between two-term Gov. Jim Justice and US Rep. Alex Mooney (R-Charles Town), though four other candidates filed. The Democratic side features Wheeling Mayor Glenn Elliott and former CEO and convicted felon Don Blankenship (a frequent candidate), along with former congressional aide Zack Shrewsbury. Sen. Joe Manchin (D) is retiring.

In the House races, 1st District Rep. Carol Miller faces only minor opposition in the Republican primary and general elections. In the open 2nd District, state Treasurer Riley Moore leads a Republican field of five candidates. His most serious opponent appears to be retired Air Force General Chris Walker. For the Democrats, retired Navy Cmdr. Steve Wendelin is unopposed for the party nomination.

More Candidates to Challenge Menendez; SCOTUS Rejects Alabama Redistricting; Re-Election Bid in IL-5; Perry Facing Numerous Opponents in PA-10; San Fran Mayoral Race

By Jim Ellis — Thursday, Sept. 28, 2023

Senate

Embattled New Jersey Sen. Bob Menendez (D) and wife, Nadine Arslanian Menendez

New Jersey: Other Potential Dem Candidates Surface — While Rep. Andy Kim (D-Moorestown) has already announced and reiterated that he will challenge Sen. Bob Menendez (D) in next year’s Democratic primary, other Democrats could make this contest quite crowded. Those mentioned as possible candidates include New Jersey’s First Lady Tammy Murphy, and US Reps. David Norcross (D-Camden City), Josh Gottheimer (D-Wycoff) and former House Energy & Commerce Committee chairman Frank Pallone (D-Long Branch). Only Rep. Kim, however, has made a firm declaration.

House

Alabama: SCOTUS Rejects Alabama Redistricting Appeal — The US Supreme Court on Tuesday affirmed the three-judge panel ruling that will allow a special master to draw the new Alabama congressional map after the legislature and governor’s map was rejected. The result of the redraw will likely pair Reps. Jerry Carl (R-Mobile) and Barry Moore (R-Enterprise) and create a new black majority district anchored in Montgomery County. This will almost assuredly mean a one-seat gain for the Democrats in the 6R-1D Alabama congressional delegation.

IL-5: Rep. Quigley to Seek Re-Election — Rumors had been prevalent that eight-term Rep. Mike Quigley (D-Chicago) was contemplating retirement. The congressman made clear Tuesday, however, that he intends to seek re-election next year. “Reports of my demise are greatly exaggerated. There’s a lot still to do … I’m not in the first quarter of my political career, but I’m not in the last quarter either,” Quigley said, affirming that he will run again.

PA-10: Race Against Rep. Scott Perry Becoming Voluminous — The third Democratic challenger hoping to face six-term Rep. Scott Perry (R-Dillsburg/Harrisburg) announced his candidacy yesterday. International business consultant John Broadhurst has joined the Democratic primary field, which includes 2022 nominee Shamaine Daniels, a member of the Harrisburg City Council, and Carlisle School Board member Rick Coplen. Former Lancaster television news anchor Janele Stelson is also expected to soon become a Democratic congressional candidate.

The FiveThirtyEight data organization rates PA-10 as R+9. The Daily Kos Elections site ranks the seat as the 37th most vulnerable district in the Republican Conference. Therefore, the data again favors Rep. Perry regardless of who wins the upcoming Democratic primary.

Cities

San Francisco: Levi Strauss Heir to Challenge Mayor Breed — Dan Lurie, an heir to the Levi Strauss fortune and cousin to freshman US Rep. Dan Goldman (D-NY), announced that he will join San Francisco County Supervisor Ahsha Safai (D) as 2024 election opponents to San Francisco Mayor London Breed (D). The mayoral campaign, labeled as nonpartisan, will be run concurrently with the regular 2024 election calendar. Both Lurie and Safai are attacking Mayor Breed on her handling of the crime issue, which has led to many businesses and residents leaving the city. Expect this to be a competitive contest.

Trump, Biden Ahead by Wide Margins in New Poll; Navy SEAL Declares in Montana; Redistricting News from Alabama, North Carolina

New Hampshire GOP presidential poll results / WMUR TV graphic

By Jim Ellis — Thursday, June 29, 2023

President

New Hampshire Poll: St. Anselm College Releases Regular Poll — The New Hampshire Institute of Politics of St. Anselm College published their latest regular survey of Granite State voters (June 21-23; 1,065 registered New Hampshire voters; live interview) and sees former President Donald Trump gaining strength in the Republican primary while principal challenger Gov. Ron DeSantis is losing support. The partisan primary numbers find Trump leading Florida Gov. DeSantis, 47-19 percent with no other candidate exceeding six percent support.

On the Democratic side, President Joe Biden dominates Robert F. Kennedy Jr. and author Marianne Williamson, 69-9-8 percent. These numbers exceed how the president is performing nationally. Since the state is unlikely to agree to moving their primary to comply with the new Democratic National Committee calendar, these numbers suggest that Biden could win a write-in campaign against his two intra-party challengers even if he doesn’t enter the official Democratic primary.

In hypothetical general election pairings, President Biden would lead both former President Trump and Gov. DeSantis with the same 49-40 percent spread. This data suggests there is less chance that New Hampshire will become a major general election Republican conversion target.

Senate

Montana: Retired Navy SEAL Declares Candidacy with NRSC Endorsement — Retired Navy SEAL and aerospace company CEO Tim Sheehy (R) announced his US Senate candidacy Tuesday. Immediately, the National Republican Senatorial Committee, with its chairman being Montana’s junior Sen. Steve Daines, endorsed Sheehy’s candidacy. The Montana Senate race is expected to be one of the hottest campaigns in the country as Republicans attempt to deny incumbent Sen. Jon Tester (D) a fourth term.

Rep. Matt Rosendale (R-Glendive), who is also expected to join the race, responded with a Tweet saying, “congratulations to Mitch McConnell and the party bosses on getting their chosen candidate. Now Washington has two candidates – Tim Sheehy and Jon Tester – who will protect the DC cartel.” Early polling shows Rep. Rosendale beginning the race with a substantial lead, so we can expect both a hot general election campaign, and an equally tough Republican nomination contest next year in Big Sky Country.

House

Alabama: Governor Calls Special Redistricting Session — To comply with the US Supreme Court ruling on the Alabama racial gerrymandering case that went against the state, Gov. Kay Ivey (R) said that she will call a special redistricting session for the purposes of drawing a new map to comply with the decision. The legislature will report on July 17 to begin the process.

Since Alabama is a Super Tuesday state and is holding its regular primary on March 5, time is short to draw a new map and obtain the necessary judicial approvals. The ruling and new map is expected to give the Democrats an extra seat in the Alabama US House delegation that currently stands at 6R-1D.

SCOTUS: North Carolina Case Ruling — In an unsurprising 6-3 ruling, the US Supreme Court ruled against the state of North Carolina on the subject of redistricting. Legal analyst Derek Muller of the Election Law Blog describes the crux of the state’s argument as saying, “the state constitution or state judiciary cannot constrain the state legislature exercising power under the Elections Clause.” Predictably, the justices ruled that the judiciary does have the authority to involve itself in redistricting decisions but underscored that the Supreme Court has the power to restrain lower courts from taking too much power away from the legislative bodies.

Largely because the North Carolina state Supreme Court has already reconsidered its previous partisan gerrymandering decision, the high court confined itself to the judicial power question.

Sen. Scott Shows Movement; Biden vs. GOP Candidates; Tight Race in Michigan; Alabama Redistricting

By Jim Ellis — Tuesday, June 20, 2023

President

South Carolina Sen. Tim Scott (R)

Sen. Tim Scott: Showing Movement — Last week we saw New Hampshire polls found Sen. Tim Scott (R-SC) moving into either third place on the GOP ballot test question, or tying for that same position. Now, we see a new national poll showing similar upward mobility for the South Carolina senator.

YouGov America, polling for the University of Massachusetts (May 31-June 8; 1,133 US adults; online), finds former President Donald Trump again leading among national Republicans with a 56 percent preference figure while Florida Gov. Ron DeSantis trails with 26 percent support. Sen. Scott, though posting only four percent, moves past the other second tier candidates for third place.

The general election pairings also show him highly competitive with President Joe Biden. While Biden leads former President Donald Trump 43-40 percent in the national popular vote question and posts a 41-37 percent margin against Gov. DeSantis, Sen. Scott falls into the same realm. Despite not being well known nationally, he actually polls the best against the president, trailing only 37-35 percent.

Michigan Poll: Highly Competitive Results — The new EPIC-MRA Michigan poll (June 8-14; 60 likely Michigan voters; live interview) again reveals a familiar pattern. That is, President Biden’s job approval rating is extremely low, yet he pulls even in the ballot test with both former President Trump and Florida Gov. Ron DeSantis. The polling sample tilts slightly Republican because the black vote is under-represented by three points when compared to the US Census Michigan population figures.

While President Biden’s job approval ratio is a terrible 29:69 percent favorable to unfavorable (nine percent excellent; 20 percent pretty good; 25 percent just fair; 44 percent poor), he still pulls even with Trump in the Michigan ballot test at 44 percent apiece. When paired with Gov. DeSantis, the president trails by one point, 45-44 percent.

The EPIC poll obviously suggests that Michigan will be a battleground state in the presidential race, but most analysts are projecting it will remain in the Democratic column when the votes are ultimately counted.

Senate

Michigan: Poll Shows Tight Race — The aforementioned EPIC-MRA Michigan poll (see Michigan president above) also tested the impending open Wolverine State US Senate race. The pollsters pitted Rep. Elissa Slotkin (D-Lansing), the early favorite for the Democratic nomination, and retired Detroit Police Chief James Craig, potentially the most well known Republican. The ballot test revealed a tighter contest than expected with Rep. Slotkin holding only a 40-39 percent edge over retired Chief Craig. Both figures contain eight percent in the “lean” category for both Rep. Slotkin and Craig.

The Michigan race will likely move closer to the Democratic column as the year-long campaign evolves. There is a slight Republican skew in this polling sample as blacks are slightly under-represented. Both Rep. Slotkin and Craig are unknown to the majority of the respondent universe indicating that each will have to spend money to increase name identification. The seat is open because four-term incumbent Sen. Debbie Stabenow (D) is retiring.

House

Alabama Redistricting: Court Determines Re-Mapping Calendar — After last week’s US Supreme Court’s ruling that invalidated the Alabama congressional map, the federal three judge panel assuming jurisdiction has sent the map back to the state legislature to begin the re-drawing process. SCOTUS agreed with the plaintiffs in the case that a second majority minority district can be drawn in the state. The current map yields a 6R-1D split.

The court is giving the legislature until July 21 to produce a new map for judicial review. If the legislature cannot complete the plan within that time frame, the court may step in and order a special master to manage the map drawing process.

SCOTUS will also rule on the North Carolina partisan gerrymandering and judicial power lawsuit before the end of June. That ruling could have an effect upon the Alabama case as it relates to judicial control over the redistricting process. Therefore, the situation could again change once the North Carolina ruling is made public.

Polls Show Republican Presidential Race Getting Tighter; A Twist in Wisconsin; SCOTUS Rules on Alabama Redistricting; Special Election in UT-2

By Jim Ellis — Monday, June 12, 2023

President

Former President Donald Trump still up, but down in polling.

State Polls: Republican Race Getting Tighter — Two very recent Republican presidential state polls were released late last week, one from Wisconsin and the other in Utah. While the Wisconsin spread is typical of what we are seeing in other places, the Utah poll has closed to within one percentage point.

Public Policy Polling (June 5-6; 507 likely Wisconsin voters) sees former President Donald Trump leading the Wisconsin GOP primary but with well less than majority support. The ballot test gives the former president a 41-25 percent lead over Florida Gov. Ron DeSantis. Ex-Vice President Mike Pence is next with eight percent support, and no one else breaks five percent. In an isolation question featuring Trump and DeSantis, the former pPresident leads this only 43-39 percent.

The Utah numbers are much closer. In this Dan Jones & Associates poll for the Utah Republican Party (May 22-June 1; 421 registered Utah Republican voters), Trump’s advantage is only 27-26 percent over Gov. DeSantis.

Former Rep. Liz Cheney, not even a candidate, places third with seven percent, and no other candidate breaks the five percent mark. However, this poll’s long sampling period and small respondent universe, along with the introduction of Cheney into the mix, casts an accuracy shadow over this poll.

Senate

Wisconsin: Polling Leader Emerges; Not the GOP’s Top Choice — The Wisconsin Public Policy Polling survey (see President section above) also tested the state’s US Senate race featuring two-term incumbent Tammy Baldwin (D).

The Republican primary ballot test suggests that former Milwaukee County Sheriff David Clarke would lead a prospective group of GOP candidates with 40 percent preference. Placing second is Rep. Mike Gallagher (R-Green Bay) with 20 percent, followed by Rep. Tom Tiffany (R-Minocqua) at 10 percent. Clarke is not an official candidate, and viewed as someone who would be unlikely to win the general election. So far, Rep. Gallagher has not made a discernible move to enter the Senate race. Rep. Tiffany is testing the waters.

The Wisconsin race could become competitive, but Sen. Baldwin would begin any general election as the favorite to win in November.

House

Redistricting: SCOTUS Rules on Alabama — The US Supreme Court, on a 5-4 decision with Chief Justice John Roberts and Associate Justice Brett Kavanaugh joining the majority, ruled in favor of the plaintiffs in the Alabama racial gerrymandering case. Therefore, the Alabama map will be redrawn to reflect a second minority district from the state’s seven seats. Louisiana will likely have to be redrawn as well.

Possible redraws could occur in several other southern states. The ruling is clearly a win for the Democrats and gives them even better odds of re-capturing the House majority in the 2024 election.

UT-2: Special Election Set — Since Utah Rep. Chris Stewart (R-Farmington) submitted an irrevocable letter of resignation for Sept. 15 to Gov. Spencer Cox (R), that action has allowed the state’s chief executive to set at least the special primary election even before the congressman officially leaves office.

Under Utah law, the governor must schedule the special congressional election concurrent with another election. The municipal elections were scheduled for Aug. 15 and Nov. 7, but Gov. Cox is preparing to send the legislature a measure to change those dates to Sept. 5 and Nov. 21 and add the special congressional election to that ballot. These dates meet the federal electoral notice requirements.

The legislature is expected to comply. If they do not, the 2nd District seat could remain vacant for more than a year awaiting the regular primary schedule.

In this instance, the seat will be filled while Rep. Stewart remains in office, which is similar to the Oklahoma law that allows a resigning elected official to serve until a replacement is selected.

McCarthy’s Win Even Closer

By Jim Ellis — Jan. 9, 2023

House

Colorado Rep. Lauren Boebert (R-Silt)

Speaker: A Dive Into the Numbers — The internal US House voting process that elected California’s Kevin McCarthy as Speaker Friday night on the 15th roll call was arguably even closer than the final 216-212-6 tally suggested.

The two closest congressional elections, those of Reps. Lauren Boebert (R-CO) and John Duarte (R-CA), both would have affected the Speaker race outcome had the pair not won their tight November electoral contests.

Though Boebert supported other members on the first 13 roll calls, her “present” vote on the last two helped make the difference in McCarthy’s marathon campaign for the Speakership. Rep. Boebert won her western Colorado re-election campaign with only a 546-vote margin. Duarte was victorious with a similar 564 vote spread in central California. Combined, the aggregate 1,110 vote victories ultimately provided what McCarthy needed to finally reach majority support.

In all, 25 November US House races were decided by less than 10,000 votes apiece. Of those, Republicans won 15 and Democrats 10. In 15 of these 25 elections, we saw the winning candidate flip the district from the previous party’s representation to his or her own.

It is likely that most, if not all, of these 25 closest 2022 contests will become targeted races in the 2024 election cycle. Throughout the long election cycle, we will be paying particular attention to the 10 districts where the electorate voted opposite of the prognosticators’ pre-election calculation.

The FiveThirtyEight data organization, for example, rated all 435 House districts using past election trends, voter registration, and other statistics to formulate a point spread favoring a nominee of one party or the other.

The following 10 members over-performed their party’s projection and won a close contest in a seat that was expected to favor the opposite party’s nominee:

Rep. Marie Gluesenkamp Perez (D-WA-3; R+11)
Rep. David Valadao (R-CA; D+10)
Rep. Anthony D’Esposito (R-NY; D+10)
Rep. John Duarte (R-CA-13; D+7)
Rep. Mike Lawler (R-NY-17; D+7)
Rep. Susan Wild (D-PA; R+4)
Rep. Yadira Caraveo (D-CO-8; R+3)
Rep. Wiley Nickel (D-NC; R+3)
Rep. Lori Chavez-DeRemer (R-OR; D+3)
Rep. Brandon Williams (R-NY; D+2)

Redistricting may very well be back on the table for the 2024 congressional cycle, however. Irrespective of the US Supreme Court deciding the Alabama racial gerrymandering and the North Carolina partisan gerrymandering and legal jurisdiction cases before the end of June, we can expect redraws occurring in certain states.

The legislatures will likely redraw interim court-mandated maps in New York, North Carolina, and Ohio. Based upon a recent federal three-judge court ruling, South Carolina has been ordered to produce a new congressional map by March 31. The impending SCOTUS rulings could force Alabama, Illinois, Louisiana, and North Carolina (if not already done so by the time the high court rules) to change their maps.

The redraws would potentially help Republicans in Illinois and North Carolina, and Democrats in Alabama, Louisiana, New York, and South Carolina. The Ohio situation is unclear, at least for now.

With impending map changes coming in the aforementioned states, and possibly several more depending upon just how far-reaching the future SCOTUS decisions prove, we could again see a large number of seats falling into the competitive realm. This, in addition to the aforementioned 25 close likely targets from the previous election cycle.

Those members are listed in their entirety below:

North Carolina Redistricting Again Front and Center: A Deeper Dive

North Carolina Congressional District Plan Court-Ordered in 2022, used for the 2022 election (click on map to go to the state’s interactive map)

By Jim Ellis — Friday, Dec. 9, 2022

Redistricting

North Carolina: Redistricting Under Scrutiny — During the past decade, no state has been forced to draw more redistricting maps than the Tar Heel State of North Carolina. Since the 2010 census, the Republican legislature and the Democratic state Supreme Court have gone back and forth over what is a partisan gerrymander or a legal district.

The North Carolina partisan gerrymandering case was heard before the US Supreme Court on Wednesday, and it is a potential landmark case — but some North Carolina state political sources suggest the arguments may go by the proverbial wayside. The high court will rule before the end of June, but before such a decision is rendered the new North Carolina legislature may draft updated redistricting plans for the US House, state Senate, and state House of Representatives. Since the current set of court maps are only interim plans, the legislature can replace them with permanent draws at any time.

One of the Republicans’ more important victories in the November election was winning a majority on the North Carolina state Supreme Court. Now, with five Republican justices and two Democrats, many in the legislature believe the time will be right to craft new redistricting maps, plans they believe will this time pass legal muster through a different and more favorable state Supreme Court.

If this occurs as described, and new maps are enacted – remember, in North Carolina, the governor has no veto power over redistricting legislation – it is possible that the action could render as moot the case before SCOTUS. If so, the issue of whether the Constitution views state legislatures as solely independent when handling redistricting could well go unanswered.

The North Carolina state Supreme Court rejected the Republican legislature’s plan again last year. Under that draw, which the court deemed a partisan gerrymander, the Republicans could have won 10 of the state’s 14 congressional districts. North Carolina was one of the states that earned a new seat in national reapportionment. Therefore, a 10-4 split would have meant a net gain of three Republican seats when compared to the previous court map upon which the 13-member NC congressional delegation had last run.

Instead, under the state Supreme Court’s draw, the new Tar Heel State delegation features seven Democrats and seven Republicans. The map awarded the new 14th District to the Charlotte area as a safe D+11 seat according to the FiveThirtyEight data organization calculation. State Sen. Jeff Jackson (D-Charlotte), who was originally a 2022 candidate for the US Senate, won the new district with an easy 58-42 percent victory.

The other seat to go Democratic was the created open 13th CD, located in the south Raleigh suburbs that stretched to include the Democratic city of Fayetteville. The court balanced the district by adding Republican Johnston County. FiveThirtyEight rated this seat R+3, but Democratic state Sen. Wiley Nickel (D-Raleigh) defeated Republican Bo Hines by a 51.6 – 48.4 percent margin.

The other major affected area that changed between the original Republican map and the state Supreme Court’s draw was the Greensboro-anchored seat of Rep. Kathy Manning (D-Greensboro). Under the Republican plan, this district would have favored a Republican candidate, and Rep. Manning would have had a difficult run for re-election. The Court altered this seat, too, thus giving Rep. Manning an even better district than the one to which she was originally elected — a 6th District seat now rated as D+9.

If the congressional map is in fact re-drawn early in the new state legislative session, we can expect these geographic areas again to be the most affected. If the Republican legislative leaders make a move to finalize permanent redistricting maps, then it might be some time before the issue of independent state legislatures relating to redistricting again comes before the high court.

Or, if SCOTUS still issues a ruling on the North Carolina case irrespective as to what the legislature does, it could force even further changes in what may again be a new Tar Heel State congressional map.

Sen. Warnock Wins Re-Election; Florida Sen. Scott to Seek Re-Election; Nebraska Gov. Ricketts to Apply for Senate Appointment; SCOTUS Hears Redistricting Case Today

Georgia Sen. Raphael Warnock (D) wins re-election. | Facebook photo

By Jim Ellis — Wednesday, Dec. 7, 2022

Senate

Georgia: Sen. Warnock Wins Re-Election — As predicted, Georgia Sen. Raphael Warnock (D) defeated GOP former professional football player Herschel Walker (R) last night in the Senate runoff, but the approximate 51-49 percent contest split was much closer than many prognosticators expected. The Warnock win gives the Democrats a 51-49 majority in the Senate, a net gain of one seat from the present 50-50 makeup. The outright majority will give the party at least one more vote than the Republicans on every Senate committee, and make it easier for the leadership to confirm administration appointments, including federal judges.

Turnout is one of the bigger stories, as the projected 3.6 million people voting in the runoff election is actually 200,000-plus individuals greater than those voting in the regular Senate contest back on Nov. 8. It is unprecedented for a runoff to draw more voters than a regular election, but such has apparently happened in this Peach State election.

Yesterday’s secondary election was necessitated under Georgia election law because neither Warnock nor Walker received majority support in November. Unlike in most states, an absolute majority is required to win a Georgia general election.

Sen. Warnock has now secured a full six-years in the Senate after winning the 2020 special election to fill the balance of then-Sen. Johnny Isakson’s (R) final term. Sen. Isakson resigned at the end of 2019 due to health reasons and then later passed away. Gov. Brian Kemp (R) then appointed businesswoman Kelly Loeffler (R) to fill the post until the 2020 special election of which Rev. Warnock won in that cycle’s subsequent runoff.

Florida: Sen. Rick Scott (R) to Seek Re-Election — Quelling political speculation that he would run for president in 2024, Sen. Rick Scott (R-FL) early this week made clear his intentions for the next election. Saying in a response to a question from radio host and national commentator Hugh Hewitt, Sen. Scott said, “I have no plans to run for president and I have a 100 percent plan to run for the US Senate [in 2024]. I’m running for re-election for senator from the great state of Florida.”

Speculation is also surfacing that outgoing US Rep. Stephanie Murphy (D-Winter Park) may challenge Sen. Scott. In a response to a reporter’s inquiry, Rep. Murphy didn’t close the door on such an option and pointed out that Florida is still not as “red” as the electorate voted in the 2022 election. Of the 11 Republican in-cycle seats for 2024, the Florida campaign could be the most competitive, but even here Sen. Scott must be rated a heavy early favorite for re-election.

Nebraska: Gov. Ricketts Will Apply for Senate Appointment — Nebraska junior Sen. Ben Sasse (R) has now set Jan. 8, 2023, as the date he will officially resign his elected position in order to become president of the University of Florida. Governor-elect Jim Pillen (R), who will appoint a replacement for Sen. Sasse, has asked individuals who want to be considered for the Senate appointment to apply before Dec. 23. One person who confirmed he will apply is outgoing Gov. Pete Ricketts (R).

In the open Republican gubernatorial primary back in May, Gov. Ricketts became actively involved and endorsed Pillen, a University of Nebraska Regent, over eight other Republican candidates including Trump endorsed businessman and rancher Charles Herbster. Pillen would win the Republican primary with four percentage-point margin and claimed the general election with just under 60 percent of the vote.

Though others will apply for the soon-to-be vacant Senate position, Gov. Ricketts is viewed as the clear favorite for the early January appointment. The new senator then will stand for election in 2024 to fill the unexpired portion of Sen. Sasse’s final term. The seat is next in-cycle for a full six-year term in 2026.

States

North Carolina: SCOTUS Hears Redistricting Case Today — The North Carolina partisan gerrymandering case that contains challenges to judicial authority over the redistricting process is before the US Supreme Court later today. North Carolina is challenging, among other points in the lawsuit, whether judges have the power to invalidate redistricting maps, since the US Constitution specifically gives re-mapping power to the state legislatures. While it is doubtful that the judicial panel will rule against judicial power, the legitimacy of the redistricting commissions that several states have adopted could be in question.

Along with the previously heard Alabama racial gerrymandering case, the Supreme Court is apparently prepared to issue landmark rulings on Voting Rights Act interpretation for the first time in decades. The rulings should end the inconsistent interpretations we have seen coming from various state judicial systems. Rulings on both the Alabama and North Carolina cases will be issued before the end of next June.

Sen. Warnock Jumps to Significant Lead, Kemp & Abrams Tied in Georgia; Incumbent Rep. Lee Trailing in NV-3

By Jim Ellis — July 1, 2022

Senate

Georgia Sen. Raphael Warnock (D) and Republican challenger Herschel Walker

Georgia: Sen. Warnock Jumps to Significant Lead — The new Georgia Quinnipiac poll (June 23-27; 1,497 registered Georgia voters; live interview) finds Sen. Raphael Warnock (D) claiming a 54-44 percent lead over Republican Herschel Walker, the most lopsided pro-Democratic ballot test to date. The previous polling from December to mid-April (six polls) had given Walker a slight edge.

Sen. Warnock carries a positive 49:39 percent job approval rating in contrast to President Biden’s upside-down 33:60 percent approval rating. Walker scores rather poorly on honesty, 39:43 percent honest to dishonest, and is not perceived to have particularly good leadership skills, 37:43 percent. As point of reference, the same polling sample finds Gov. Brian Kemp (R) and former state House Minority Leader and 2018 gubernatorial nominee Stacey Abrams (D) tied at 48 percent.

However, the study could be an anomaly.

Though polls have been moving toward Sen. Warnock, the Q-Poll takes a giant leap, so it is possible that this survey is an outlier. Democrats support Warnock, 97-2 percent; Republicans are for Walker in a 93-7 percent clip.

The Independent sector is where we may be detecting a significant skew. This group, on virtually every question but the Biden job approval query moves significantly toward the Democratic position and/or candidate, and in a greater degree than one would expect from people who self-identify as “independents” (62-33 percent for Warnock).

While this particular poll may well skew toward Sen. Warnock, it is probable that we will soon see other data yielding a much closer ballot test. The Georgia Senate race is one that is far from over.

Missouri: Independent Joins Race — Answering former Sen. John Danforth’s (R) call for a new candidate in the Senate race, former US Attorney John Wood announced his plans to enter the contest as an Independent. He claims this is a move to potentially stop former Gov. Eric Greitens from prevailing in the general election should he win the Republican nomination. In reality, however, by splitting the vote in such a manner — if Wood were to become a top-tier candidate — would likely elect the Democratic nominee.

Wood says that if elected, he would support Sen. Mitch McConnell (R-KY) for Majority Leader and would presumably caucus with the Republicans. To qualify for the ballot in Missouri, an Independent candidate must submit 10,000 valid registered voters’ signatures by an Aug. 1 deadline.

House

FL-2: Close Poll in Paired Race — The new northern Florida’s 2nd District is rated R+16 according to the FiveThirtyEight data organization. A new Sachs Media poll (June 20-23; 400 likely FL-2 general election voters), however, finds Rep. Neal Dunn (R-Panama City) leading Rep. Al Lawson (D-Tallahassee) by only a 43-40 percent margin. Perhaps the most troubling segment for Rep. Dunn is the unaffiliated voters who are breaking for Lawson by a 42-18 percent margin.

NV-3: Rep. Lee Trailing in New Survey — The Tarrance Group, polling for the April Becker (R) campaign (June 20-23; 400 likely NV-3 general election voters), posts their client and Republican challenger to a 46-44 percent edge over incumbent Rep. Susie Lee (D-Las Vegas). Likely most troubling for the Lee campaign is her deficit among Hispanic voters who comprise almost 19 percent of the 3rd District of Nevada’s population. Within this segment, Becker leads the congresswoman 48-42 percent. President Biden’s job approval rating here is a poor 37 percent.

OK-2: Runoff Set — With enough votes counted, it is now clear that the Republican runoff to replace Rep. Markwayne Mullin (R-Westville) will feature state Rep. Avery Frix (R-Muskogee), who finished first with just 14.7 percent among the crowded field, and former state Sen. John Brecheen, who was close behind with 13.8 percent support. The two just eclipsed Muskogee Police Chief Johnny Teehee (13.0 percent) and Oklahoma Republican Party chairman John Bennett (11.3 percent). The runoff winner is a lock to win the general election in a R+55 rated seat according the the 538 data group.

Redistricting

Louisiana: Supreme Court Stays Ruling — The federal judge’s ruling that disqualified the new Louisiana congressional map because it did not draw a second black district has been stayed. The United States Supreme Court (SCOTUS) took the action to at least temporarily block the ruling from taking effect. The conclusion will mean the legislature’s map will return at least for the 2022 election.

The courts, either through this case or the Alabama Voting Rights case that the SCOTUS has already scheduled for hearing, will likely determine how the Voting Rights Act is to be interpreted moving forward. This could mean that the Louisiana map and many others will be re-drawn for the 2024 election and beyond.