MA-Sen: Kirk Named Interim Senator

The interim Senator from Massachusetts will be Paul Kirk, Jr., the former head of the DNC and current chairman of the John F. Kennedy Library Foundation.

“He is a distinguished lawyer, volunteer, and citizen, and he shares the sense of service that so distinguished Senator Ted Kennedy,” Patrick said at a press conference at the State House. “Paul will not seek the open seat in the special election coming up in January. But for the next few months, he will carry on the work and the focus of Senator Kennedy, mindful of his mission, and his values, and his love of Massachusetts.”

Kirk’s pick seemed pretty likely yesterday, after Kennedy’s widow and sons came out publicly in favor of Kirk’s appointment. Kirk was special assistant to Ted Kennedy from 1969 to 1977, so he is well connected with Kennedy’s staff and can hit the ground running.

There’s also some interesting subtext about Kirk vs. Michael Dukakis; apparently, there were actually people in the activist base who felt strongly enough about a Dukakis appointment that Patrick has pissed more Democrats off, something he can’t afford if he wants to get re-elected. The Globe suggests that some insiders were afraid that Dukakis would be too likely to inject himself forcefully on the liberal side of the equation into the health care reform debate, while Kirk seems likelier to quietly vote for whatever emerges.

Patrick also signed the legislation today, which passed the state legislature yesterday, making the interim appointment legally operative. However, Republicans filed an injunction in state superior court today to stop the appointment from taking effect immediately, so there may be some courtroom wrangling before Kirk can be seated. (There was some concern yesterday that the legislature didn’t have enough votes to include the “emergency” provision for the bill to take effect immediately, but apparently the Governor has the authority to implement it immediately through procedural means.)

RaceTracker: MA-Sen

SSP Daily Digest: 9/23

CT-Sen: Pro wrestling CEO Linda McMahon is apparently doing the things that normal candidates do when running for office, starting with her first radio ad. However, she’s already having to acknowledge that she hasn’t done a good job recently of doing another thing that normal politicians do, which is vote. She skipped the 2006 general election (the same year in which she donated $10K to the DCCC) and also the 2008 GOP primary.

DE-Sen: There are a couple of interesting rumors that Delaware scribe Ron Williams (who doesn’t have the highest batting average out there) examines: one is that Beau Biden may run for AG again instead of Senate. (However, Williams seems to debunk that rumor, using some pretty definite phrasing in saying that “AG Biden will soon announce his candidacy for the U.S. Senate seat…” and also saying that Mike Castle is unlikely to want to run against Biden.) Meanwhile, there are rumors that the state’s other Senator, Tom Carper, is having some health problems and may not seek re-election in 2012. Carper himself denies the rumor, though, saying he’s fine. New Castle County Exec Chris Coons gets flagged as a likely Carper successor, though.

MA-Sen: The bill to allow a temporary appointed Senator to fill Ted Kennedy’s seat until the Jan. 19 special election cleared another hurdle yesterday, passing the state Senate 24-16. A reconciled version still has to pass both houses but could do so today, so conceivably we could have a Deval Patrick signature today too. The momentum today seems to be with former DNC chair Paul Kirk, not Michael Dukakis for the appointment; Kennedy’s widow Victoria and sons Patrick and Teddy Jr. now all publicly back Kirk for the job (Kirk now chairs the JFK Presidential Library).

Meanwhile, former Red Sox rightie (although he’ll always be a Phillie to me) Curt Schilling says he won’t run for Senate. However, City Year head Alan Khazei made his entry into the race, on the Democratic side, official today.

CA-Gov: Two decidedly unsurprising developments: ex-eBay CEO Meg Whitman formally “opened” her Republican candidacy with a rally and her first ads (although technically she’s been running since February), while AG Jerry Brown opened an exploratory committee for the Dem nod.

NJ-Gov: Yet another poll of the New Jersey governor’s race shows Chris Christie with a sizable lead, although Jon Corzine does break through that 40% ceiling that’s been plaguing him. Rasmussen shows Christie ahead of Corzine 48-41, with independent Chris Daggett at 6%. Rasmussen’s previous look in early September pegged it at 46-38. And if there’s any doubt about what Jon Corzine’s last-ditch strategy is for winning this thing, check out this picture of his new billboard.

VA-Gov: After a bit of post-debate waffling on the issue last week, Creigh Deeds came out in favor of new taxes to fund transportation projects. Promising to raise taxes is always a risky strategy, but given how paralyzed northern Virginia is, taxes to build infrastructure might actually be a winner in that part of the state. Also, Josh Goodman has a thoughtful piece on Deeds’ belated momentum in the polls: it’s a delayed reaction to the Bob McDonnell thesis, as it took a while to trickle down, via negative ads, to the non-WaPo-reading rabble.

AR-04: It’s looking like the scandal surrounding Blue Dog Mike Ross, concerning his sale of a $263K pharmacy to the USA Drug chain (which is actively lobbying in the health care debate) for $420K, may have some legs. Citizens for Responsibility and Ethics in Washington filed a complaint with the Justice Department asking for an investigation if there was a quid pro quo. Ross is busy attacking the messenger, calling ProPublica.com (which broke the story) a “leftist” organization.

NY-23: The NRCC is up with a radio ad in the 23rd, and Dede Scozzafava’s camp seems flummoxed by it, to the extent that her spokesperson publicly asked the NRCC to save its money instead of spending it this way. The ad spends most of its time attacking Dem Bill Owens, trying to link him to Barack Obama and Nancy Pelosi, with only a brief mention of Scozzafava’s positive qualities at the end. Scozzafava already questioned the NRCC’s airing of an anti-Darrel Aubertine ad when it looked like he’d be the candidate, and in a weird development, the NRCC’s website features a link to a story from Human Events questioning whether Scozzafava is too liberal. Not exactly what we’d call “teamwork.” Meanwhile, Bill Owens just got the endorsement of the regional SEIU, ordinarily a foregone conclusion for a Democrat but maybe not a sure thing with labor-friendly Scozzafava in the mix.  

SC-01: Carroll “Tumpy” (his actual nickname) Campbell III made it official; he’ll be challenging Henry “Smoky” (that’s just our unofficial nickname for him) Brown in the GOP primary. The challenge from the son of the popular governor may prod the rather lackadaisical 73-year-old Brown into retirement.

VA-02: Democratic freshman Rep. Glenn Nye got a sixth potential GOP opponent, in the form of Scott Taylor, a businessman, former Virginia Beach mayoral candidate, and former Navy SEAL. Taylor isn’t even the only former Navy SEAL running (so too is Ed Maulbeck); other GOPers are auto dealer Scott Rigell, Army Reserve Brig. Gen. Bert Mizusawa, businessman Ben Loyola, and former local GOP chair Chuck Smith. Although Nye’s R+5 district poses a theoretical challenge, note that none of his challengers has held elective office.

Mayors: Boston mayor Tom Menino, who’s been in office for 16 years, had the weakest electoral showing of his mayoral career in yesterday’s primary election, pulling in 50.5% of the vote against a fractured field. He’ll face off in November against city councilor Michael Flaherty, who finished second with 24%. Flaherty, who is also an insider, doesn’t present as much as a contrast with Menino as the candidates who fell by the wayside.

SSP Daily Digest: 9/22

AR-Sen: Because you can never have too many wingnuts: yet another unknown Republican is piling into the GOP field in the Arkansas Senate race, financial adviser Buddy Rogers. At his announcement today, Rogers was introduced by, and is apparently something of a stand-in for, Benton County Judge and former state Sen. Dave Bisbee, who’s an arch-enemy of state Sen. Gilbert Baker, who’s already in the race.

CA-Sen: The DSCC has launched a web ad going after Carly Fiorina’s disastrous tenure at Hewlett-Packard, especially her $21.5 million severance package and 18,000 layoffs. Conservative Assemblyman Chuck DeVore is still hanging in there in the GOP primary, though, and got a helpful endorsement from the Howard Jarvis Taxpayers Association, who carry on the legacy of the 1970s anti-property tax crusader upon whom much of the blame for California’s current condition can be directed.

IL-Sen: Although Rep. Mark Kirk has been accorded front-runner status in the Illinois GOP Senate primary, he has at least half a dozen minor opponents, and real estate developer Patrick Hughes seems to be getting the most attention of them; Kirk has been trying to move to the right to shore up that flank, as seen in his contorted waffling on cap and trade several weeks ago. Hughes has released an internal poll that shows, well, mostly very high undecideds, but with Kirk not in terribly commanding position. In a head-to-head, Kirk leads Hughes 24-11. In the seven-person field, Kirk gets 23% (no number for Hughes, though… gee, I wonder why?).

MA-Sen: With Republican procedural stalling tactics having gotten exhausted, the state Senate is taking up debate today on the issue of revising state law to allow a temporary appointment to fill Ted Kennedy’s seat. The House has already passed the measure, and both chambers could be in agreement by tomorrow. The Boston Globe endorsed former Governor Mike Dukakis for the short-term position.

WV-Sen: 91-year-old Robert Byrd has returned to the hospital today after a fall at his home. A spokesman says he was being checked out and unlikely to be admitted to the hospital, though.

NJ-Gov: When we left off yesterday, Independent Chris Daggett had joined a suit by a libertarian candidate challenging New Jersey’s ballot placement laws. However, yesterday, a superior court judge refused to expedite the case, meaning it won’t be heard until after November, leaving major-party candidates Jon Corzine and Chris Christie in the positions at the top of the ballot.

NY-Gov (pdf): I’m not sure why the New York governor’s race is so heavily polled, since the numbers don’t change much, but I guess people like gawking at train wrecks. It’s Siena’s turn today; they find David Paterson’s approval at 29/59, with a re-elect of 14%. Paterson loses a primary to Andrew Cuomo 66-20. In a general, Paterson loses to Rudy Giuliani 52-35, but beats Rick Lazio 39-35, while Cuomo beats Giuliani 52-39 and Lazio 64-18. Also, while it’s clear Giuliani isn’t running for Senate, he’d be competitive if he did, beating Kirsten Gillibrand 46-38.

TN-08: Rep. John Tanner has drawn GOP competition that doesn’t sound that impressive on paper — Steve Fincher is a farmer who also travels Tennessee with his family gospel singing group. But Fincher at least has access to money, as he says he’ll report more than $100K in donations at month’s end.

NY-LG: In a surprise decision, New York’s Court of Appeals (the state’s highest court) upheld David Paterson’s appointment of Richard Ravitch as Lt. Governor, in a 4-3 vote (the 3 against were all Pataki appointees). The state Constitution is vague on the LG issue, but Paterson was the first Governor to try to appoint an LG instead of leaving the spot vacant. This finally brings some stability back into New York’s politics (which devolved into chaos with a state Senate coup over summer) by giving a tie-breaking vote to Senate Dems in case there’s another defection, and maybe more importantly, enabling Paterson to resign to take a nice comfy ambassadorship somewhere without turning control of the state over to Pedro Espada Jr.

MA-Sen: What’s Next

Having had some time to let the passing of Ted Kennedy sink in, speculation inevitably turns to who succeeds him (and when). There hasn’t been an open Senate seat in Massachusetts since 1984, so there’s a backlog of long-time Representatives with huge bank accounts all trying to crash the door at the same time… and with a mid-term special election meaning no one would have to give up a safe seat to run, expect a lot of people running.

While Massachusetts currently has a system where there is no gubernatorial appointment but rather a mid-term special election (a result of a legislative change passed in 2004 to prevent Mitt Romney from appointing a Republican successor to John Kerry), there is now a push to update the law to a system more like what is done in Texas: a short-term appointment until the special election can be held. This was suggested by Kennedy himself in a letter released a week prior to his death (which met some initial resistance last week), but with Democrats painfully aware that Kennedy’s absence leaves Senate Democrats at 59 and at least one vote short on a health care reform cloture vote, momentum is building for a quick post-Labor Day vote that would change the law again to allow for the short-term appointment. Governor Deval Patrick said on MSNBC that he would sign such a bill, and state House Speaker Robert DeLeo has given it his tacit approval.

Roll Call suggests that, if this passes, the short-term appointee is unlikely to be someone who would contest the special election. They point to former Governor (and Presidential candidate) Michael Dukakis as a likely appointee; he has already given assurances that he will not run in the special.

The next question is: what’s the timetable on the special election? It doesn’t seem like any changes to the law regarding interim appointment will involve changes to the special election timetable. The Hill calculates:

The special election must be held between 145 and 160 days after the vacancy occurs. Since Kennedy died late Tuesday, that puts the window between Jan. 17 and Feb. 1. Holding the race on a Tuesday, a traditional Election Day, would mean Jan. 18, Jan. 25 or Feb. 1.

So who runs, among the Democrats, in the special? Speculation centers on as many as five of the state’s ten Democratic House members, and two former House members as well.

Rep. District Age CoH
Ed Markey MA-07 63 $2.89 mil
Richard Neal MA-02 60 $2.5 mil
Stephen Lynch MA-09 54 $1.39 mil
John Tierney MA-06 57 $1.29 mil
Michael Capuano MA-08 57 $1.2 mil
Martin Meehan was MA-05 52 $4.8 mil
Joe Kennedy II was MA-08 56 $1.7 mil

One high-profile House member who has already indicated that he won’t run is Barney Frank. The 69-year-old Frank is at the pinnacle of his power as House Financial Services Chair. Ed Markey is a something of a question mark; he’s also one of the most powerful House members, as a 33-year veteran and chair of the Energy and Environment Subcommittee of the Energy and Commerce Committee, making it less likely he’d be willing to give up his gavel… but there’s also no question he’s been stockpiling money for this very contingency for many years.

The remaining members of the House delegation are 72-year-old John Olver (considered a likely retiree soon), 68-year-old Bill Delahunt, 63-year-old Niki Tsongas (who just got to the House), and 49-year-old Jim McGovern. McGovern, based in Worcester’s MA-03, is sitting only only $536K, which apparently isn’t enough for prognosticators to consider him a likely candidate.

Former Reps Meehan and Kennedy are also question marks. Meehan has by far the most money of anyone, and has been sitting on it in miserly fashion since leaving the House to become chancellor of UMass-Lowell. Although he’s reportedly happily ensconced in his new job, his hunger for a Senate seat while still in the House was palpable, and the fact that he’s still hoarding his cash is a red flag. Kennedy has a huge intangible advantage, perhaps a field-clearing one, in that, well, he’s a Kennedy, and there’s understandable sentiment about keeping at least one Kennedy in the Senate. Kennedy, however, has been out of office for a while, and a subsequent ugly divorce and controversy of Venezuelan oil deals may cast a bit of a shadow over him. (Plus, more generally, the Kennedy name may not have the iconic power it used to, as seen in the Caroline Kennedy and Chris Kennedy flameouts this year, as well as the 2002 loss of Kathleen Kennedy Townsend.)

There are two other non-House, female candidates who could make the race. One is Kennedy’s widow, Vicki Kennedy, who hasn’t held office but could be a sentimental favorite; however, indications are that she isn’t interested in running (although she could be another possible short-term appointee). The other is AG Martha Coakley, who has had her eye on the Senate seat for some time, polling the race several times. While she doesn’t have a big stash of federal dollars like the other candidates (she has only $144K), she would bring something of a demographic advantage to the race by being the only woman, as well as the only statewide official. Coakley has been quick to hit cable TV in the last couple days.

There must be some Republicans to run, right? What passes for GOP top talent in the Bay State (Christy Mihos, Charlie Baker) is already looking at the Governor’s race, where they’ve been historically more successful and where Patrick is unpopular. That leaves former Lt. Gov. (and 2006 gubernatorial loser) Kerry Healey, former US Attorney Michael Sullivan, former Ambassador Chris Egan, state Senator Scott Brown, former Justice Dept. official Wayne Budd, and businessman David Sukoff as GOPers who’ve been mentioned. Former Bush CoS Andy Card, and Jim Ogonowski, who ran well in the MA-05 special election, are reportedly not interested.

There’s one other name being floated: former Governor Mitt Romney. To most observers, that’s comical, considering that Romney a) is busy running for President, and won’t want to get involved in the relatively small ball time-suck of the Senate, and b) didn’t run for re-election as Massachusetts Governor because he would have had his ass handed to him, after veering to the right in order to prep for his Prez run and repeatedly dissing his own state while doing so. US News’s delusional Peter Roff still sounds hopeful, saying that the fact that being in the Senate would help Romney prove his conservative bona fides — but offering no evidence for Romney’s electability in Massachusetts other than his 100% name ID.

Meanwhile, there’s one other entirely separate game of musical chairs: Senate committee assignments. Kennedy was chair of Health, Education, Labor, and Pensions (or HELP), one of the two key Senate committees on health care reform. The acting chair of HELP while Kennedy was out has been Chris Dodd, who has been doing double-duty while also chairing Banking. The ball’s basically in Dodd’s court now: whether he wants to switch full-time to HELP, or go back to Banking. This actually impacts his re-election strategy, interestingly: does he go to HELP, and focus on building accomplishments there in order to distract from lingering dissatisfaction (not necessarily deserved, but either way, the perception is there, especially regarding the AIG bonuses) from his tenure at Banking? Or does he go back to Banking in order to show his constituents he’s focused on cleaning up the mess there? (State Sen. Sam Caligiuri, one of his minor GOP contenders, is already jumping on Dodd over possibly moving to HELP.)

So, if Dodd moves to HELP, that means Tim Johnson of South Dakota takes over Banking. However, the moderate Johnson is still slowed by his brain hemmorhage from several years past, and has been a low-key participant since then; he might defer to the 3rd in line, the much more liberal Jack Reed of Rhode Island, which would certainly improve our chances of robust re-regulation of Wall Street in the coming year.

On the other hand, if Dodd stays at Banking, Tom Harkin is 2nd in line at HELP. While Harkin certainly has had a stake in such issues, he may prefer to remain as chair of Agriculture, the defining issue in his state of Iowa. Either way, we’d then likely get the only female committee chair: if Harkin stays at Agriculture, 3rd in line to chair HELP would be Barbara Mikulski. If Harkin moves to HELP, the Ag order then goes Patrick Leahy (chair of Judiciary), Kent Conrad (chair of Budget), and Max Baucus (chair of Finance). It’s hard to see any of them wanting to give up those gavels, so next in line to lead Agriculture would be Arkansas’s Blanche Lincoln — which might give her something valuable to honk her horn about as she faces a potentially difficult re-election.

UPDATE (James L.): This shouldn’t be considered a surprise to anyone with their head properly screwed on, but Mittens says that he won’t run for Teddy’s seat.