Tag Archives: Voting Rights Act

Sen. Cantwell Well Ahead; Ex-Mayor Flips on Decision to Run; CA-45 Logjam; Louisiana Deadline Extended

By Jim Ellis — Monday, Dec. 4, 2023

Senate

Washington Sen. Maria Cantwell (D)

Washington: Sen. Cantwell Easily Leads in New Poll — Public Policy Polling, surveying for the Northwest Progressive Institute (Nov. 14-15; 700 likely Washington general election voters; live interview & text) finds Sen. Maria Cantwell (D), running for a fifth six-year term, leading physician and former gubernatorial candidate Raul Garcia (R) by a 51-38 percent margin. Sen. Cantwell is a clear favorite for re-election in a race that should not become particularly competitive.

House

CA-16: Despite Saying No, ex-San Jose Mayor Forms Congressional Committee — Early this year, former San Jose Mayor Sam Liccardo (D) said he was planning to challenge either Reps. Ann Eshoo (D-Atherton) or Zoe Lofgren (D-San Jose) in the 2024 jungle primary. In September, he indicated that he would not run for Congress but instead was pursuing opportunities in the private sector. Adding Rep. Eshoo’s recent retirement announcement to the political equation, Liccardo has now reversed course again and filed a congressional committee with the Federal Election Commission.

Though Liccardo still says he has not yet made a final decision about running, he cited a poll from Public Policy Polling showing him leading what will likely be a crowded field. Liccardo was twice elected to four-year terms as San Jose’s mayor, in addition to winning a pair of four-year terms on the City Council prior to his citywide victory.

Other Democrats in the race are Santa Clara County supervisor and former state Sen. Joe Simitian, Saratoga City Councilman Rishi Kumar, who twice challenged Rep. Eshoo, labor union organizer Evan Bell, and financial advisor Joby Bernstein. Former Menlo Park Mayor Peter Ohtaki and 2018 congressional candidate Karl Ryan are Republican contenders. State Assemblyman Evan Low (D-Campbell) is a possible candidate as is State Board of Equalization member and ex-state Assemblywoman Sally Lieber (D).

The city of San Jose comprises approximately 40 percent of the 16th CD. A total of 85 percent of the district lies in Santa Clara County, with the remaining precincts crossing into San Mateo County. It is probable that two Democrats will advance from the March 5 all-party jungle primary. The candidate filing deadline in this race is Dec. 13. In California, candidate filing is extended five days when the incumbent does not file.

CA-45: Democrats Bunched in New Poll — A new Tulchin Research survey (Nov. 13-19; 500 likely CA-45 jungle primary voters; live interview & online) finds Rep. Michelle Steel (R-Orange County) easily securing first place in the March 5 jungle primary but shows a tightly bunched group of Democrats trying to advance into the general election. According to the Tulchin results, Rep. Steel posts 39 percent support.

Iraq War veteran Derek Tran records 11 percent, just ahead of Garden Grove City Councilwoman Kim Nguyen-Penaloza with 10 percent, and attorney Cheyenne Hunt at 6 percent. Jay Chen, the 2022 finalist who is reportedly considering running again, was not included in this poll.

The 45th District is almost fully contained within Orange County with an added sliver of Los Angeles County and is highly competitive. The FiveThirtyEight data organization rates the seat as D+5. The Daily Kos Elections statisticians rank the seat as the fifth most vulnerable seat in the Republican Conference. President Joe Biden carried the district with a 52-46 percent margin in 2020. Rep. Steel defeated Chen with a 52-48 percent victory margin in 2022.

Louisiana: Court Extends Redistricting Deadline — With Gov-Elect Jeff Landry (R) taking office on Jan. 8, the special federal three judge panel has extended the deadline for the state to draw a Voting Rights Act compliant map, in accordance with the US Supreme Court’s Alabama decision, from Jan. 15-30. It will be interesting to see what the legislature draws because the state is suing over the VRA in another lawsuit. This action concerns the Louisiana legislature maps.

Chances are strong that we will see a similar situation to that of Alabama, where a new African-American influenced district is drawn, and two incumbent Republicans are paired into one district. Democrats are likely to gain one seat when the process eventually concludes.

NY Overreach = GOP Majority

CNN’s New York state redistricting map (more coverage on CNN)

By Jim Ellis — Nov. 22, 2022

House

New York State: Redistricting — There is an argument to be made that the New York Democratic redistricting brain trust helped create the new Republican US House majority. With their over-reach on the original map that the legislature and governor enacted, the end result became so egregious that even the Democratic lower and upper courts rejected the congressional map as a pure partisan gerrymander.

The original enacted plan would have yielded a 22D-4R partisan split in the NY congressional delegation of 26 members, thus costing the Republicans four of the eight Empire State seats they control in the current Congress.

Once the votes were cast on Nov. 8 in the districts that the judges’ special master drew to replace the legislature’s plan, the end result saw Republicans not losing four seats but rather gaining three in relation to the current map and seven when compared to the Democrats’ original draw.

Therefore, instead of the intended 22D-4R plan, the New York delegation now headed to Washington is comprised of 15 Democrats and 11 Republicans. With a small Republican majority of what ultimately may be 220-222 seats once the outstanding California and Alaska races are finally projected, the NY swing is arguably the difference in determining which party controls the House.

The Democrats’ map would have reduced the Republicans to just one seat on Long Island, taken the lone district they have in New York City, turned the GOP’s Syracuse seat strongly Democratic, and collapsed the southwestern Upstate seat of resigned Rep. Tom Reed (R) as the lost district in national reapportionment.

You will remember that New York lost a congressional seat by just 89 people when the Census Bureau announced each state’s congressional district compilation under the national reapportionment formula.

After striking down the legislature’s map and replacing it with their own special master’s plan, the court in effect restored much of New York to its historic congressional district pattern.

Under the legislature’s plan, Long Island’s 1st District (Rep. Lee Zeldin) was drawn from the far eastern part of Suffolk County all the way into Queens. This led to stashing a preponderance of the region’s Republican voters in Rep. Andrew Garbarino’s (R-Sayville) South Shore 2nd District. The concept then allowed the map architects to make Districts 3 and 4, both open in 2022 with Reps. Tom Suozzi (D-Glen Cove) running unsuccessfully for governor and Kathleen Rice (D-Garden City) retiring, safely Democratic. The court undid this design.

Now, the 1st District returns to a Suffolk County anchored seat, a CD that Republican Nick LaLota, a former local official and Navy veteran, won to succeed Rep. Zeldin. Rep. Garbarino is back but with a less Republican South Shore seat, which then created a marginal North Shore District 3 seat that Republican George Santos won 54-46 percent in a domain that the FiveThirtyEight data organization rates D+4.

The biggest surprise in New York, and perhaps the country, came in Rep. Rice’s open 4th CD, where Republican Anthony D’Esposito defeated heavily favored Democrat Laura Gillen, 52-48 percent, in a district that actually became more Democratic under the court map at D+10.

The other Republican gains came in the Hudson Valley, where state Assemblyman Mike Lawler (R-South Salem) upset Democratic Congressional Campaign Committee (DCCC) chairman Sean Patrick Maloney (D-Cold Spring) in a D+7 District 17, and Dutchess County Executive Marc Molinaro (R) rebounded from a special congressional election loss in August to claim a 51-49 percent win in a new 19th District rated as R+1.

In the 18th District, state Assemblyman Colin Schmitt (R) came within a percentage point of sweeping the Hudson Valley seats for the GOP, but Rep. Pat Ryan (D-Gardiner) held onto the 18th CD seat after he had won the 19th District special election three months earlier.

The Republican victory string ended with tech executive Brandon Williams (R) defeating former intelligence officer Francis Conole (D) by a percentage point to hold the open Syracuse seat, and former New York Republican Party Nick Langworthy easily won the new 23rd District from which Rep. Reed resigned and Rep. Joe Sempolinski (R-Canisteo) is serving as a caretaker.

The New York 2022 election cycle illustrates just how important map drawing and judicial decisions are in determining US House elections. The New York courts, for example, created a much more competitive political playing field, which certainly led to different results than we would have seen under the legislature’s partisan draw.

Considering that the US Supreme Court is likely to make landmark Voting Rights Act rulings on the Alabama and North Carolina cases before June ends next year, we will likely see new redistricting maps being drawn in several states, and New York could be one of those places. Any newly constructed map would take effect in the 2024 election. A major Supreme Court decision will add yet another dimension to what already promises to be another hot House campaign cycle coming in the new term.

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.

GOP Dogfight Continues in Arizona; Rep. Cori Bush’s Competitive Primary

By Jim Ellis — June 10, 2022

Senate

Arizona: GOP Dogfight Continues — A new Data Orbital poll (June 1-3; 550 likely Arizona Republican primary voters) again finds a three-way virtual tie for the party’s US Senate nomination that will be decided on Aug. 2. In the last 10 published polls, all three top candidates, Attorney General Mark Brnovich and businessmen Blake Masters, who now has former President Trump’s endorsement, as well as Jim Lamon have led in at least two polls apiece.

The latest Data Orbital results also suggests that any of the three can win the primary. In their ballot test results, Lamon leads AG Brnovich and Masters, 20-18-15 percent. The eventual winner will challenge Sen. Mark Kelly (D) in what promises to be a competitive general election campaign.

House

Freshman Missouri Rep. Cori Bush (D-St. Louis) has a competitive race on her hands.

MO-1: Rep. Bush’s Tenuous Lead — A new internal campaign poll suggests that controversial freshman Missouri Rep. Cori Bush (D-St. Louis) has a competitive race on her hands as the candidates look ahead to the Aug. 2 state primary. State Sen. Steve Roberts (D-St. Louis) released a Lincoln Park Strategies poll (May 24-29; 500 MO-1 registered voters; live interview) that finds the congresswoman leading by only a 36-19 percent spread over the poll sponsor, and that obviously places the incumbent far below the 50 percent threshold. Three other Democrats are also on the ballot, suggesting that the winner can claim the party nomination with only a plurality margin.

This survey suggests that the MO-1 Democratic primary, for the second consecutive election cycle, will be competitive. In 2020, Bush upset veteran Congressman Lacy Clay in the party primary that paved the way for her easy general election victory. The Democratic primary controls the general election since the district is rated D+52.

NY-23: State Chair Langworthy New Nominee — The local Republican chairmen whose counties comprise the current 23rd Congressional District have decided that newly announced congressional candidate Nick Langworthy — the New York Republican Party chairman — will be the party’s special election nominee for the race to succeed resigned Rep. Tom Reed (R-Corning). Langworthy will face retired Air Force Colonel Max Della Pia whom the Democratic chairmen had previously selected. Under New York election law, the county parties choose nominees in the event of a vacancy.

Gov. Kathy Hochul (D) scheduled the special to be concurrent with the regular congressional primary on Aug. 23. We can expect both Langworthy and Della Pia to win their respective regular election primaries, so we can count on seeing the two battle not only on Aug. 23, but also for the general election. Langworthy now becomes a big favorite in the southwestern upstate district that the FiveThirtyEight data organization rates as R+23. Dave’s Redistricting App scores it 55.37 percent R and 41.98 percent D. Former President Trump carried the new 23rd District in 2020 by a 55-43 percent count.

Redistricting

Louisiana: Federal Judge Rejects Map — A federal judge has struck down the Louisiana legislature’s 2022 congressional map under the argument that another minority seat can be drawn in the state. The current map and the new plan features a 5R-1D delegation split with the lone Democratic seat, which is 58.6 percent black and 70.2 percent minority, stretching from New Orleans to Baton Rouge. The judge ruled that such a plan violates the Voting Rights Act.

Expect the Republicans to appeal to the 5th Circuit Court of Appeals. The US Supreme Court has already agreed to hear a similar Alabama case, and this one will set the record for Voting Rights interpretation. Therefore, the chances of the Appellate Court staying the new Louisiana ruling and reinstating the map for the 2022 elections are high. Under the rejected plan, all six of the state’s incumbents would have safe seats in which to run for re-election.

Michigan House Action Wave

Michigan Congressional Redistricting Map. (Click on image to go to FiveThirtyEight.com to see interactive map.)

By Jim Ellis

Feb. 3, 2022 — Though the Michigan congressional lines are in litigation and filing time is still more than two months away in preparation for the state’s August 2nd primary election, Tuesday was a busy day on the Wolverine State’s US House front.

First, in the paired Republican incumbent 4th District where Rep. Bill Huizenga (R-Holland) is seeking re-election and appears ready to face fellow Rep. Fred Upton (R-St. Joseph), a third candidate announced that he would not abandon his own Republican campaign despite seeing an unfavorable district draw.

State Rep. Steve Carra (R-Portage) said that he intends to remain in the new 4th Congressional District race despite potentially having to face two incumbents and not having any of his current state House District lying in the new 4th. His legislative district will now be fully contained in Rep. Tim Walberg’s (R-Tipton) new 5th CD that stretches the width of Michigan along the state’s southern border. Carra earned former President Trump’s endorsement in his pre-redistricting bid against Rep. Upton.

When queried about the difficulty of the paired nomination race for a non-incumbent such as himself, Carra said, “It doesn’t matter whether there’s one or two status quo Republicans in the race.”

For his part, Rep. Upton is not yet committing to run for a 19th term, saying he wants to further study the new district and see whether the courts disqualify the current map. A group of current and former Democratic state legislators have filed suit against the Michigan Independent Citizens Redistricting Commission claiming the members violated the Voting Rights Act with their draw of the congressional and state legislative districts in Detroit and Wayne County.

The 4th District will be one of the most interesting primary campaigns in the state and possibly the nation if Huizenga and Upton ultimately face each other. With Carra coming to the race with the Trump endorsement and potentially testing just how much the ex-President’s support actually means, he becomes a wild card entry.

Another incumbent who did not fare well in the redistricting process is freshman Rep. Peter Meijer (R-Grand Rapids). His 3rd District moves from an R+9 to a D+3 seat according to the FiveThirtyEight statistical site. Dave’s Redistricting App scores the CD at 50.1 percent Democratic and 46.5 percent Republican. President Biden would have carried the new 3rd, 53-45 percent. Therefore, Rep. Meijer, along with potential primary problems because he, too, voted in favor of the Trump impeachment, has a difficult political road ahead.

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Rep. Lawrence to Retire;
Open US House Seats Now Up to 44

By Jim Ellis

Four-term Michigan US Rep. Brenda Lawrence (D-Southfield)

Jan. 7, 2022 — Four-term Michigan US Rep. Brenda Lawrence (D-Southfield) became the latest Democratic incumbent to announce her retirement. She is the 25th Dem to not seek re-election as compared to 11 Republicans.

Saying, “this is the right time to turn the page and spend more time with my family — my husband, daughter, son and granddaughter — and put them first,” Lawrence made official her decision not to seek a fifth term next year. She is 67 years old. Prior to her election to Congress, Lawrence served as Southfield’s mayor for 14 years. She is the only African American in the Michigan delegation and the lone Wolverine State Democrat to serve on the House Appropriations Committee.

It is speculated upon that the new Michigan map influenced her retirement decision, but Rep. Lawrence said she was confident of being able to be re-elected in the new 12th District. Though her home base of Southfield was included in MI-12, the cities of Dearborn, Westland, and the western part of Wayne County would have, for her, been foreign political turf.

In her closing comments to the Detroit Free Press newspaper, Rep. Lawrence said, “I’m incredibly grateful for the people of Michigan’s 14th Congressional District who have placed their trust in me — in me, a little Black girl from the east side of Detroit.”

The Lawrence decision greatly changes the Detroit area congressional campaigns. Immediately upon Rep. Lawrence announcing her retirement plans, neighboring Rep. Rashida Tlaib (D-Detroit) declared that she will seek re-election in the 12th District, saying that she currently represents more of this CD than the downtown Detroit-anchored MI-13. This leaves the 13th open and will create a major Democratic primary battle. CD-13 is a majority African American district and heavily Democratic, meaning that winning the party primary is tantamount to election in November.

A group of current and former Detroit state legislators announced Wednesday that they are filing a lawsuit against the Michigan Independent Citizens Redistricting Commission, saying the new congressional, state Senate, and state House of Representatives’ boundaries discriminate against black voters, and therefore violate the Voting Rights Act. If the lawsuit successfully overturns the Detroit district draws, new mapping instructions could be forced upon the commission before the 2022 election.

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The Michigan Wild Card

Michigan Congressional Districts


By Jim Ellis

July 16, 2021 — For the third consecutive census, the Wolverine State of Michigan loses a congressional seat but this time it is more difficult to determine how the new map will be drawn and which of the state’s 14 US House members, comprised of seven Democrats and seven Republicans, will be the odd member out.

The big change is that for the first time a citizens’ commission, and not the state legislature, will draw the map. The 13-member commission has been conducting briefings to organizations around the state since April 3 and has public input meetings scheduled with those that began July 8 through Aug. 26.

What places Michigan in a wild card situation, however, won’t become clear until the US Census Bureau sends the state its individual tract data that will arrive on or around Aug. 15. At that point, the key question will be answered as to just how many people the city of Detroit has lost. This will be the critical factor in determining how the new congressional map is constructed.

Like every state, Michigan is bordered on all sides meaning the members with districts on the edge are typically in better defined position than those residing in the geographic middle. In this state’s case, the Great Lakes surround the split land masses on the north, east, and west, with Canada lying to its north and east, and Indiana and Ohio to the south.

Looking at the available public population data that only is current through July 1 of 2019, all current 14 districts must gain residents, hence the state losing a CD, with three most significantly holding the fewest people. Those three are the two Detroit seats, Districts 13 (Rep. Rashida Tlaib-D) and 14 (Rep. Brenda Lawrence-D), and the Flint-anchored seat, District 5 (Rep. Dan Kildee-D). All three are likely to need an influx of more than 100,000 people apiece.

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