Tag Archives: Sen. Mike Lee

The 14th Amendment Controversy

Former President Donald Trump / Photo by Gage Skidmore

By Jim Ellis — Thursday, Sept. 7, 2023

President

Trump: Insurrection or Rebellion? — There is a great deal of discussion mounting about whether a key provision of the 14th Amendment to the US Constitution will disqualify former President Donald Trump from the 2024 presidential election ballot.

Recently, two US senators, Tim Kaine (D-VA) and Mike Lee (R-UT), assumed opposite debate positions. The phrase “have engaged in insurrection or rebellion” is at the crux of the argument. Sen. Kaine believes Trump engaged in insurrection with regard to his actions surrounding the January 6th Capitol incursion and should be disqualified from running for office. Many legal scholars agree.

Conversely, Sen. Lee objects, citing that the US Senate found then-President Trump not guilty of insurrection in the second impeachment vote. Therefore, he says, the “rebellion or insurrection” phrase does not apply. Many legal scholars agree.

Sen. Kaine, during a CNN interview, argued that “the language (of the amendment) is specific: If you give aid and comfort to those who engage in an insurrection against the Constitution of the United States — it doesn’t say against the United States, it says against the Constitution. In my view, the attack on the Capitol that day was designed for a particular purpose … and that was to disrupt the peaceful transfer of power as is laid out in the Constitution.”

In an interview with Utah’s Deseret News, Sen. Lee indicated he agrees with the arguments put forth from University of California at Berkeley professor John Yoo and others who published a paper pertaining to this subject.

Professor Yoo and the others penned in part, “if it were clear that Trump engaged in insurrection, the Justice Department should have acted on the January 6 Committee’s referral for prosecution on that charge. Special Counsel Jack Smith should have indicted him for insurrection or seditious conspiracy, which remain federal crimes. If it were obvious that Trump had committed insurrection, Congress should have convicted him in the two weeks between January 6 and Inauguration Day. Instead, the House impeached Trump for indictment to insurrection but the Senate acquitted him.”

Obviously, there are strong opinions on both sides of this argument and, as Sen. Kaine said, the courts, and most likely the US Supreme Court, will ultimately have to make a ruling.

The larger question, however, that no one is yet addressing, is when all of this will happen. If, for example, Trump is convicted in the Washington, DC trial regarding his January 6th actions, the 14th Amendment move to disqualify him could be triggered. Should this scenario unfold, perhaps the most important point would be whether the timing is before or after the Republican National Convention now scheduled for July 15-18, 2024.

If Trump’s name is stricken from the ballot, and that will likely become a state by state issue, then the Republicans will have to nominate a new candidate, assuming that Trump has accumulated enough delegates to clinch the nomination. Currently, the latter observation appears highly likely.

If the disqualification move comes before the RNC meets, the delegates could then nominate a new candidate in an open convention. After Trump becomes the official party nominee, then a whole new set of circumstances will occur, most of which will be subject to conjecture.

Will the vice presidential nominee automatically assume the top ballot positions? Would the RNC instead be called into a special convention to nominate another candidate? Would every state recognize the RNC action, regardless of the course the national political party chooses?

Should the 14th Amendment scenario not be solved before the convention convenes, it is probable the delegates would pass binding resolutions to cover a succession protocol in case what currently exists in the party bylaws is not wholly clear or does not fully apply to the current situation. In any event, political and legal chaos would undoubtedly ensue.

Consider the situation already coming to the forefront in Arizona. Democratic Secretary of State Adrian Fontes says his state’s Supreme Court has already answered the 14th Amendment issue. Fontes says, though he disagrees with the court’s ruling, that the Arizona Supreme Court has dictated Congress would have to specifically designate that Trump, or any other candidate, is to be disqualified from the ballot as it relates to the 14th Amendment insurrection or rebellion language. Otherwise, the candidate in question would be placed on the Arizona ballot.

It is very likely we will see other states invoking some exception or quirk in their own election law that would either place Trump on their ballot or disqualify him. Therefore, the 2024 election participants would then be forced to traverse another set of controversial circumstances that will clearly affect the outcome of the still unfolding campaign.

Intriguing “Real Clear” Projections Show the GOP Winning the Senate

To see this map and the data behind it, visit Real Clear Politics (RCP).

By Jim Ellis — Thursday, Oct. 27, 2022

Senate

How Republicans Look to Claim Senate Majority — The Real Clear Politics (RCP) data group released their updated US Senate projections, and their formula suggests that Republicans will claim a surprising 53-47 majority.

Such a projection seems to cut against most of the data we currently see, and, in at least three cases, their win projection is opposite of what their own current Real Clear Politics formula shows.

The crux of their predictions lies in a field entitled “Polls Underestimated,” which factors in an average under-poll for one party or the other. In the 10 Senate races they isolated, Republicans are the under-polled party in most but not all of the targeted campaigns.

Utah, Alaska, Iowa, Washington — The two competitive Senate races not included were first, Utah, where they list Sen. Mike Lee (R) as a “likely” winner, though polling generally shows his race with Independent Evan McMullin falling to within single digits. The second is Alaska, which is excluded because the contest is evolving into a race between two Republicans; hence, the seat is not a factor in determining the overall Senate majority. Also, the race between Sen. Chuck Grassley (R) and retired Navy Adm. Michael Franken (D) is also not included, but Sen. Patty Murray’s (D) battle against Republican Tiffany Smiley in Washington is added.

As mentioned above, in three of the races the RCP prognosticators are expecting a turnaround since their own current data is suggesting an opposite result.

Nevada — The RCP current polling projection in the Silver State suggests that Republican former state Attorney General Adam Laxalt holds a slight 0.8 percent lead over Sen. Catherine Cortez Masto (D). Here, RCP estimates that Democrats under-poll in Nevada by one percentage point. This should leave Sen. Cortez Masto with a 0.2 percent edge, but the table shows Laxalt holding such a lead. This appears to be an error. In any event, their final prediction shows a Laxalt victory, which is reasonable.

Arizona — A state away, Sen. Mark Kelly (D) currently holds an RCP polling lead of 2.5 percentage points over Republican opponent Blake Masters. A Republican under-poll of 1.6 is factored from results during the last three election cycles, which reduces the senator’s advantage to 0.9 percent. In 2020, a total of 21 polls were conducted of the Kelly-Martha McSally Senate race, and Kelly’s average margin was 6.6 points, yet he won only 51-49 percent. Therefore, concluding a Republican under-poll exists in Arizona is reasonable. In this situation, while their model finds Sen. Kelly leading today, RCP predicts a Republican victory for venture capitalist Masters.

Georgia — The other conclusion that is perhaps inconsistent is their prediction for the Georgia Senate race. Showing Republican Herschel Walker with a 1.1 percentage point edge after an under-poll factor of 1.4 is added to the Republican column leads the RCP final prediction that Walker and Sen. Raphael Warnock (D) would be forced into a post-election runoff on Dec. 6. Yet, in the overall count, Georgia is counted in the Republican column. Though not stated, RCP must be predicting that Walker would win the runoff election.

Under Georgia law, as we will remember from 2020, a candidate must receive majority support to win the general election. On the ballot with Sen. Warnock and Walker is Georgia Libertarian Party chairman Chase Oliver. If Warnock and Walker split the vote to where both candidates post in the neighborhood of the 48-49 percent number, then a few points going to Oliver could send the two major party nominees into a Dec. 6 secondary election with Oliver being eliminated from the mix. Thus, we will see more even intrigue on election night coming from the Peach State.

Pennsylvania — RCP is also predicting victory for two candidates who their model suggests are currently behind but who flip after adding the under-poll factor. In Pennsylvania, Democratic Lt. Gov. John Fetterman is running ahead by 1.3 percentage points according to the current RCP survey average. Adding a 3.9 percent Republican under-poll to the aggregate gives Dr. Mehmet Oz a 2.6 percent adjusted lead. RCP predicts a Dr. Oz victory on Nov. 8.

New Hampshire — The race between Sen. Maggie Hassan (D) and retired Army Gen. Don Bolduc (R) has tightened. The RCP average sees a Hassan lead of 3.6 percent but adding a large 5.4 New Hampshire Republican under-poll actually gives Gen. Bolduc a 1.8 percent edge. Still, RCP predicts a Hassan Democratic victory on Election Day.

Other Wins — Finally, the Real Clear Politics data team predicts Republicans to win the Senate races in Florida, North Carolina, Ohio, and Wisconsin, with Democrats holding Washington.

Added up, these numbers result in a 53-47 Republican majority. Possible? Yes. Likely? No.

Sen. Kennedy Poised for Win in Louisiana; Close as Ever in Georgia Senate Race; Sen. Lee struggling in Utah; Kemp Maintains Advantage

By Jim Ellis — Monday, Oct. 17, 2022

Senate

Louisiana Sen. John Kennedy (R)

Louisiana: Sen. Kennedy Poised for Outright Win — Louisiana Sen. John Kennedy (R) is on the ballot for a second term and a just released Public Policy Polling survey (Oct. 10-11; 633 likely Louisiana general election voters; interactive voice response system & text) projects that his outright win is probable. Sen. Kennedy leads retired Navy officer Luke Mixon (D) and community organizer Gary Chambers (D), 53-16-8 percent.

Even after the PPP surveyors posed negative questions about Sen. Kennedy in an effort to push respondents away from him, the ballot test did not change. On election night, expect Sen. Kennedy to be re-elected in Louisiana’s jungle primary system with a majority vote and thus avoiding a secondary Dec. 10 runoff election.

Georgia: As Close as Ever — Despite the serious attacks that Republican Herschel Walker has absorbed over the past 10 days, a series of three polls, including one from a Democratic source, finds little change in the senatorial campaign battle that pits the former football star against Democratic incumbent Raphael Warnock.

All three of the polls were conducted over the Oct. 8-11 period, with sample sizes ranging from 717 to 1,084, using multiple sampling techniques. Moore Information actually sees Walker leading the race, 46-44 percent. The Trafalgar Group posts a similar 46-45 percent cut, but with Sen. Warnock on top. Civiqs, polling for the Daily Kos Elections website, gives Warnock his best showing, but even that is a tepid, 49-46 percent.

Utah: McMullin Tops Sen. Lee in Poll — The Hill Research Consultants, polling for the Put Utah First Super PAC (Oct. 5-11; 500 likely Utah general election voters; live interview & online) has found Independent Evan McMullin posting his first significant lead over Utah Sen. Mike Lee (R). The ballot test reveals a 46-42 percent McMullin edge over the two-term incumbent. Sen. Lee’s favorability index has gone south, and now reaches a 42:52 percent favorable to unfavorable ratio. The failure of Utah’s junior senator, Mitt Romney (R), to endorse Sen. Lee has also attracted a large amount of attention. This is another race to watch as the election cycle continues to wind down.

Governor

Georgia: Two More Surveys Find Gov. Kemp with the Advantage — Two of the three pollsters that surveyed the Georgia Senate race (see above) also released numbers for the Peach State governor’s campaign. Both the Trafalgar Group and Civiqs, polling for the Daily Kos Elections website, find that Gov. Brian Kemp has a lead beyond the polling margin of error over 2018 gubernatorial nominee and former state House Minority Leader Stacey Abrams (D). Trafalgar sees the governor holding a nine-point advantage over Abrams, 53-44 percent. Civiqs projects a closer contest, posting the Governor to a 51-46 percent edge.

In 2022, a total of 40 polls have been publicly released of the Georgia Governor’s campaign, and Kemp has the lead in 39 of these surveys.

Early Voting Open in Four States; Sen. Bennet Up Comfortably in Colorado; Utah Senate Polling Shows Close Results; Florida House Turmoil

By Jim Ellis — Tuesday, Sept. 27, 2022

Voting

Early voting has begun in Minnesota, South Dakota, Virginia, and Wyoming.

Voting Begins: Early Voting Open in Four States — The first general election votes of the 2022 election cycle will be received soon. The early voting calendar has opened in Minnesota, South Dakota, Virginia, and Wyoming. Ballots have been mailed to voters in North Carolina and Pennsylvania, so we can expect to see early voting commence in those two states, as well.

Most of the states return to their pre-2020 voting status, since the court-ordered Covid related universal mailing voting rules were in effect only for the previous election year unless the state enacted new electoral procedures in their 2021-22 legislative session. Even though the universal mail balloting provisions revert to previous law, 45 states now feature some type of early voting procedure.

Senate

Colorado: Sen. Bennet Up Comfortably — Emerson College tested the Centennial State electorate (Sept. 18-19; 1,000 likely Colorado general election voters; multiple sampling techniques) and found Sen. Michael Bennet (D) leading GOP businessman Joe O’Dea by a ten-point, 46-36 percent, margin. Republicans have tagged this race as an upset possibility, but this poll shows little weakness for the Democratic incumbent who is seeking his third full term.

Utah: Another Close Result — Polling data suggests that the Utah Senate race is the closest campaign that attracts the least national attention. A new Dan Jones & Associates survey for the Deseret News/Hinckley Institute of Politics (Sept. 3-21; 815 registered Utah voters; 786 likely general election voters) finds Sen. Mike Lee (R) ahead of Independent Evan McMullin by only a 37-34 percent margin. Though this poll has a very long sampling period, which adversely affects accuracy, it is consistent with some others we’ve seen of this race.

Early in September, both Impact Research and Kurt Jetta, polling for the Center Street PAC, found the candidates languishing within a combined four-point range. Impact Research actually found McMullen claiming a one-point edge.

Back in April, the majority of Utah Democratic Party convention delegates voted not to field a candidate for the purpose of coalescing behind McMullin. Though he is more conservative than what most of the delegates would have desired in a candidate, they did want to see McMullin have a one-on-one shot to challenge Sen. Lee.

House

FL-22: Rep. Deutch Announces Resignation Plans — In February, Florida Rep. Ted Deutch (D-Boca Raton) announced that he would leave the House before the end of the current legislative session in order to assume the leadership of the American Jewish Committee. At the time, Deutch said he would leave sometime on or around Oct. 1. Late last week, the congressman confirmed he will officially resign his seat before the end of September.

It is unlikely that Gov. Ron DeSantis (R) will have the time to call a special election to replace Deutch for a probable lame duck session since Florida law dictates a relatively long voting schedule period once such an election is called. Therefore, with the party nominations having been decided in the Aug. 23 primary, the new 23rd District will remain open until the new Congress convenes on Jan. 3, 2023. In the open seat general election, Broward County Commissioner Jared Moskowitz (D) is favored over Republican Joe Budd in a South Florida district that the FiveThirtyEight data organization rates D+9.

DeSantis Comfortably Ahead in Fla; Conflicting Results in Ga. Senate; McMullin Lead Reversed in Utah

By Jim Ellis — Friday, Sept. 23, 2022

Governor

Florida Gov. Ron DeSantis (R)

Florida: DeSantis Comfortably Ahead — We haven’t seen a Florida governor’s poll in weeks that showed enough change to report upon, but yesterday we two were almost simultaneously released. Both largely confirmed that Gov. Ron DeSantis (R) has a lead beyond the polling margin of error.

Civiqs, polling for the Daily Kos Elections site (Sept. 17-20; 617 likely Florida general election voters; online), posts the governor to a 52-45 percent advantage over former governor and recently resigned Congressman Charlie Crist (D). Suffolk University (Sept. 15-18; 500 likely Florida general election voters; live interview) derived similar results. They project the governor’s lead to be 48-41 percent over Crist.

Senate

Georgia: Conflicting Results — Continuing the seesaw political affair between Sen. Raphael Warnock (D) and former NFL and University of Georgia football star Herschel Walker (R), we reported yesterday that the new Atlanta Journal-Constitution/University of Georgia poll (Sept. 5-16; 861 likely Georgia general election voters) finds Walker leading Sen. Raphael Warnock (D), 46-44 percent.

Later in the day, YouGov, polling for CBS News (Sept. 14-19; 1,148 registered Georgia voters; online) released their Georgia survey that pushed voters to make a Senate race choice, and found the same two-point margin but in Sen. Warnock’s favor, 51-49 percent. The exhaustive poll asked 72 questions, and while Sen. Warnock is clearly more favorably viewed than Walker, the vote continues to remain virtually even. The University of Georgia and YouGov/CBS News surveys are even more evidence that the Georgia Senate campaign will be decided in a turnout battle.

Utah: McMullin Lead Reversed — It took awhile to rebuff the Impact Research group’s early September poll that posted Independent Evan McMullin to a 48-47 percent lead over two-term Utah Sen. Mike Lee (R), but we now see conflicting looks as to what may be happening in this largely under-the-radar Senate challenge. OnMessage (Sept. 13-15; 700 likely Utah voters; live interview), polling for the National Republican Senatorial Committee (NRSC), reports Sen. Lee to be holding a 51-34 percent advantage, a major difference from the Impact Research survey of two weeks earlier.

Following OnMessage, Lighthouse Research (Aug. 30-Sept. 13; 509 likely Utah voters), polling for the Utah Debate Commission, sees the senator holding a similar 48-37 percent margin over McMullin. Utah’s strongly Republican voting history suggests that these two latter polls finding Sen. Lee holding a substantial edge are likely more reflective of what will happen on Election Day.

House

WA-3: GOP Rebound — In late August, Expedition Strategies released a survey (Sept. 19-20; 400 likely WA-3 general election voters) that was cause for concern among local southwest Washington GOP activists and supporters. After Republican Joe Kent and Democrat Marie Gluesenkamp Perez denied Rep. Jaime Herrera Beutler (R-Battle Ground) advancement into the general election from the Aug. 2 jungle primary, ES released their survey that gave the Democrat a 47-45 percent lead in the general election.

Democratic pollster Public Policy Polling, surveying for the Northwest Progressive Institute, (Sept. 19-20; 834 WA-3 voters; live interview & text) now projects Kent to have overtaken Perez with a slight 47-44 percent margin. The WA-3 race is a must-win for the GOP if they are to reclaim the House majority, so this race merits further national attention.

Sen. Warnock Back Ahead in Georgia; Utah: Response Results; Sen. Johnson Rebounds in Wisconsin

By Jim Ellis — Monday, Sept. 19, 2022

Senate

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

Georgia: Sen. Warnock Back Ahead — After several polls were released showing Republican Herschel Walker topping Sen. Raphael Warnock (D), Quinnipiac University publicized their most recent Georgia poll (Sept. 8-12; 1,278 likely Georgia voters) that projects a different conclusion. Not only does the Q-Poll place Sen. Warnock back into the lead, but the margin, 52-46 percent, is larger than any regular poll released since July. More will have to be seen in order to determine if a new trend is forming or if the Q-Poll is an anomaly.

Utah: Response Poll — Last week’s surprise Impact Research poll that showed Independent challenger Evan McMullin leading Sen. Mike Lee (R) by a slight 47-46 percent margin has now been countered, at least to a degree. The Center Street PAC released the results of their new Utah survey (Sept. 6-9; 563 likely Utah general election voters) that posts Sen. Lee to only a 43-39 percent edge. The Utah Democratic Party did not field a candidate in order to coalesce behind McMullin. The move allowed McMullin a head-to-head match-up with the two-term incumbent, and it appears, at least in the short term, that the strategy to make this a competitive race has worked.

Wisconsin: Sen. Johnson Rebounds — After seeing a series of three post-primary surveys where Lt. Gov. Mandela Barnes (D) held a lead over Sen. Ron Johnson (R), the regular Marquette Law School Wisconsin poll (Sept. 6-11; 801 registered Wisconsin voters; live interview) finds the incumbent forging a one-point edge, 49-48 percent. Lagging in the polls is nothing new for Sen. Johnson. In 2016, 30 polls were conducted of the Wisconsin Senate race according to the Real Clear Politics polling archive, and Sen. Johnson trailed in 29; yet, on election night, he claimed a three-point victory.

Though he was behind in most of the polling this year, the margins are much closer than in 2016, and Sen. Johnson has now already captured a lead. Compared to his last race against former Sen. Russ Feingold (D), the two-term incumbent appears to be in much better political shape in this election campaign.

Governor

Wisconsin: Gov. Evers in Toss-Up Campaign — The Marquette Law School Wisconsin poll (see Wisconsin Senate race above) also finds a tight governor’s race. The MU survey posts Gov. Tony Evers (D) to a 47-44 percent lead over GOP nominee and businessman Tim Michels. If the undercount of Republican voters that has been present in recent Wisconsin races is again in evidence, Michels could already effectively be in a dead even race.

Tight Polls in Arizona; Independent Fairs Well in Utah; More Alaska Ranked Choice Voting Analysis

By Jim Ellis — Thursday, Sept. 15, 2022

Senate

Arizona Sen. Mark Kelly (D)

Arizona: Two Tight Polls — In the 2020 special US Senate election, then-candidate Mark Kelly (D) consistently ran ahead of then-Sen. Martha McSally (R) and by an average of 7.1 percentage points in 21 polls conducted from Oct. 1 to Election Day, but only won the race, 51-49 percent. In the 2020 cycle, we see much closer polling as two new surveys exemplify.

The pair of studies, both taken during the Sept. 6-7 period, are from Emerson College (627 likely Arizona voters; multiple sampling techniques) and the Republican research firm Insider Advantage (550 likely Arizona voters). Emerson finds the race well within the polling margin of error at 47-45 percent, while the IA result projects a 45-39 percent division. Both post Sen. Kelly leading Republican nominee and venture capitalist Blake Masters.

Utah: Another Independent Faring Well — Utah Independent US Senate candidate Evan McMullin released a Democratic firm’s poll that yields him a one-point edge. Impact Research (Aug. 29-Sept. 1; 800 likely Utah general election voters) found McMullin leading Sen. Mike Lee (R) by a 47-46 percent margin. Sen. Lee quickly countered with re-releasing his early August WPA Intelligence poll that saw him holding a major 50-32 percent advantage. Expect the Lee campaign to soon release more recent data.

House

AK-AL: More Ranked Choice Analysis — The Fair Vote organization, which is the principal promoter of the Ranked Choice Voting system, released a further analysis of the RCV vote in the Alaska special election that elected Democrat Mary Peltola, even though she attracted only 40 percent of the actual vote. The Ranked Choice advocates claim the system rewards the candidate who has the broadest support, but it tends to do the opposite since candidates with minority support have won most of the major races where the system has been used.

The analysis suggests that had candidate Nick Begich III been opposite Peltola in the final round instead of former governor and vice presidential nominee Sarah Palin, he would have won the race. The Fair Vote analysis reveals that 59 percent of the Palin vote would have gone Begich’s way — as opposed to Palin gaining only 50.3 percent of the Begich second choice votes. The bigger difference, however, was Peltola attracting only six percent of the Palin second-choice votes as compared to the 28 percent she received from Begich voters.

What the analysis fails to include, however, are the more than 11,000 Begich voters whose ballots were not counted in the second round. The analysis claims those people simply didn’t make an additional ranked choice, but in reality, it may be due to a lack of understanding the confusing system. In other places, attorneys who have challenged the system report that most ballots are disqualified because the voter inaccurately completed the ballot. Since Palin lost by 5,219 votes, more than 11,000 non-counted Begich ballots could have made the difference, and it is likely that a large number of these had their ballots disqualified as opposed to not making a choice. Therefore, the Fair Vote conclusion that Palin lost because the Begich voters eschewed her may not be entirely accurate.

Governor

Arizona: Evolving Dead Heat Race — The aforementioned pair of Arizona polls from Emerson College and Insider Advantage (see Arizona Senate race above) forecasts an even closer race for governor than they do for US Senate. Emerson College projects a straight tie between Secretary of State Katie Hobbs (D) and former Phoenix news anchor Kari Lake (R), with both candidates posting 46 percent support scores. Insider Advantage finds a similar result with Hobbs leading by the slightest of margins, 44-43 percent.