SSP Daily Digest: 3/7

HI-Sen: I’m not sure where these rumors started – or if they’re just tradmed speculation – but Gov. Neil Abercrombie says he hasn’t tried to get retiring Sen. Dan Akaka to resign early in order to appoint a replacement (who could then run for a full term next year as an incumbent). Count me among those who thinks former Gov. Linda Lingle isn’t as intimidating in real life as she might seem on paper – particularly given the fact that Barack Obama is running for re-election, and that her exit poll approvals in 2010 were a sucky 41-56. So I’m not convinced there’d even really be any point in trying to push an Akaka resignation.

ME-Sen: As we wait for the Great Teabagger Hope to deliver our dreams, the Hotline has word of another possible challenger to Sen. Olympia Snowe: former state legislator Carol Weston, who is now the state director of the Maine branch of the David Koch front group Americans for Prosperity. That could mean access to serious resources – something Weston acknowledges is a key factor in deciding on a run. Anyhow, she’s not ruling out a run, but claims she isn’t really considering it yet. But she also says that as part of her job with AfP, she sometimes has to “reign in” Snowe – pretty denigrating words, if you ask me!

MI-Sen: We’ve mentioned him before, but now he’s making it official: Former juvenile court judge and all-around social conservative Randy Hekman says he’ll seek the GOP line to challenge Debbie Stabenow. Hekman sounds decidedly Some Dude-level, though.

NV-Sen: This time, the joke comes pre-written. The ultra-wealthy Sue Lowden still has hundreds of thousands in campaign debts and has now been sued by her former polling company, Denver-based Vitale & Associates, for unpaid bills. The pollster’s attorney said Lowden is “probably driving around in her Bentley with a load of chickens in the back as barter to settle her campaign debts.”

PA-Sen: Pretty sweet re-elects for Bob Casey (D) in this new Muhlenberg College poll of registered voters: 48% say yes, 24% no, and 25% are unsure. Against Generic R, Casey pulls 41 to 27, but Muhlenberg also allowed people to say “it depends on the candidate” (not sure that’s such a helpful choice), which scored 18. It’s not entirely clear what the sample looked like, though, since the Mule only gives the breakdowns for their larger “all adults” sample (36D, 36R, 11I). In 2008, it was 44D, 37R, 18I.

RI-Sen, RI-01: The head of the Rhode Island state police, Brendan Doherty, just unexpectedly announced that he would resign in April, and that’s leading to talk he might be considering a run for office as a Republican. Though Doherty had originally been appointed by Republican Gov. Don Carcieri, he was re-appointed only last week by the new governor, Lincoln Chafee. Anyhow, Doherty supposedly is choosing between a challenge to Sen. Sheldon Whitehouse or to freshman Rep. David Cicilline in the first district. He says he’ll announce his plans at the end of May.

VA-Sen, VA-11: Rep. Gerry Connolly (D) is opting out of a Senate run, saying instead he’ll seek re-election to a third term in the House. Like just about everyone else, he also declared that he wants to see Tim Kaine run. Speaking of which, Sen. Mark Warner said on the teevee this weekend that he thinks the odds of Kaine jumping in were “slim” but “are getting a lot better right now.” I have no idea if Warner has any special insight, or if maybe he’s just trying to pull a reverse-Inouye here (i.e., goad someone into running).

On a related note, PPP has a state-level report card out for VA politicians.

NV-Gov: Jon Ralston calls it “one of the most brazen schemes in Nevada history” (not just electoral history! and this is Nevada!), while Rory Reid says everything he did was “fully disclosed and complied with the law.” Ralston describes this “scheme” as the formation of “91 shell political action committees that were used to funnel three quarters of a million dollars into his campaign.” Ralston’s had wall-to-wall coverage at his site. Among other things, Reid’s legal advisor wrote a letter to the campaign saying he thought the use of these PACs was legal – and, in a point that Ralston is seriously disputing, also said he got sign-off from the Secretary of State. I don’t really think Reid had much of a future in NV politics anyway, but if Ralston’s reading of the situation is right, this could spell a lot of trouble for him. If not, then it’s just some sketchy politics-as-usual. Even Ralston himself acknowledges that “the point here is less whether it actually was legal… but whether it should be.”

CA-36: Finally some endorsements for Debra Bowen: She just announced the backing of state Sens. Alan Lowenthal and Fran Pavley, state Rep. Betsy Butler, and former state Sen. Sheila Kuehl.

MN-08: This is from a couple of weeks ago, but still relevant: Duluth-area state Sen. Roger Reinert says he won’t challenge freshman GOPer Chip Cravaack next year, adding his name to the list of Dems who have declined to run. Others who have said no: Duluth Mayor Don Ness; former state House Majority Leader Tony Sertich; state Rep. Tom Rukavina; and state Senate Minority Leader Tom Bakk (whom we’d previously mentioned). Man, that’s a lot of dudes named Tom! (UPDATE: Just two – it’s Tony, not Tom, Sertich.) That’s most of the heaviest hitters, but another possible candidate is Duluth City Councilman Jeff Anderson, who told FOX 21 that he is “very interested” (their words) in the race.

Milwaukee Co. Exec.: Huh – I’d managed to forget that Scott Walker didn’t just emerge fully-formed out of a rent in David Koch’s skull on January 1st, 2011. Until not that long ago, he was the Milwaukee County Executive, which means that his old seat is up in a special election next month. It should come as no surprise that Walker’s extremely unpopular attempts at union busting have become the issue in the race, and Republican state Rep. Jeff Stone is suffering badly for it. Stone voted for Walker’s budget bill, but now says he “would have preferred to leave the collective bargaining intact” – even though, as TPM notes, he voted against every Democratic amendment that would have done exactly that. Stone’s nominally independent but really Democratic opponent, philanthropist Chris Abele, has been hammering him on this front. The April 5th vote is actually a run-off; last month, Stone took 43% while Abele scored 25%, splitting the Democratic vote with the remaining candidates (all of whom were on the lefty side of the equation).

PA-AG: Columnist Jan Ting, who took 29% against Tom Carper in DE-Sen in 2006 but later left the GOP, says he has heard that former Rep. Patrick Murphy is considering a run for Pennsylvania Attorney General. A source also informs me that this is true. Note that most of PA’s statewide positions other than governor are up in 2012, so this race would be coming on soon. Note, too, that it will be an open seat: Newly-elected Gov. Tom Corbett was himself AG, and he appointed Pittsburgh-area prosecutor Linda Kelly to take his place. Kelly, however, has said she won’t run for the post next year.

Ohio Ballot: Though it’s gotten less attention than the fight in Wisconsin, Ohio is on the verge of passing legislation which strip collective bargaining rights from public workers. TPM reports that Ohio Dems are planning to put the law, known as SB 5, on the ballot (it’d take about 230,000 signatures), something which could happen either this November or next. This could wind up being a truly epic fight – though I’m also reminded of the last time Ohio Dems put up some lefty ballot measures in an odd-numbered year, and that didn’t turn out so well. (The 2005 effort was called Reform Ohio Now, and you can read all about it in the SSP Deep Archives.) Still, I think our chances would be a lot better this time.

KS Redistricting: In 2002, state lawmakers split the rather blue Douglas County (home to the city of Lawrence) between two congressional districts, the 2nd and 3rd. Now, though, thanks to growth in Johnson County, the third has to shed population (as we informed you last week), and one Democratic legislator is suggesting that Douglas could be reunited in a single CD. This seems unlikely, though, as it’s manifestly in the Republican Party’s interest to keep Lawrence cracked.

NE Redistricting: There’s a similar story playing out in neighboring Nebraska, where the now-famous 2nd CD (which gave Barack Obama a very narrow win – and a single electoral vote) also has to reduce its population. Light-blue Douglas County (no, I’m not losing it – different county, different state, same name as above) is currently entirely within the borders of NE-02, but it could potentially get cracked. The linked article discusses a number of different possible scenarios for the whole state, and even has some hypothetical maps.

NJ Redistricting: No surprise here: Democrats and Republicans couldn’t agree on a new map for New Jersey’s state legislative districts, so the Chief Judge of the Supreme Court, Stuart Rabner, appointed Rutgers Prof. Alan Rosenthal as tiebreaker (click here for a detailed profile). That wasn’t a surprise, either, as the 78-year-old Rosenthal performed the same duties during the last two rounds of redistricting for the U.S. House. Rosenthal is a Democrat but has a very non-partisan reputation. Last time, Democrats convinced the appointed tiebreaker, Larry Bartels, that their proposed gerrymander would improve minority representation. A similar outcome is probably not so likely this time.

OR Redistricting: As you can see from all the above links, now that redistricting data has been released, we’re starting to see a lot more redistricting-related stories with a little more meat to them. This piece outlines the issues facing Oregon and also explains some of the deadlines involved. If lawmakers don’t enact a state lege map by July 1 (or the governor vetoes it), then the task falls to Secretary of State Kate Brown, a Democrat. This is typically what’s happened in the past, though apparently there’s some hope that the evenly-divided state House (with its unusual dual Speakerships) will produce something both sides can agree on. Note that there is no similar deadline for congressional redistricting.

PA Redistricting: Pennsylvania’s congressional Republicans are headed to the state capital of Harrisburg this week, to discuss how best to gerrymander their map with their state legislative colleagues. Given that the GOP has absolute control over the redistricting process in PA, Democrats are going to get pretty fucked here, and PoliticsPA has a rundown of several possible scenarios that Republicans are supposedly considering.

New York: An issue which first came up nationwide last cycle is still percolating in New York. As we explained in September 2009, a new federal law (the MOVE Act) requires that absentee ballots be mailed to all overseas and military voters at least 45 days before the general election. That’s a problem in states with late primaries, like New York, where results can’t be certified and ballots can’t be printed in time to meet this deadline. A couple of states (I think just Vermont and Minnesota) moved their primaries up a bit to aide compliance, but others, like NY, had to get waivers from the Department of Justice that allowed them to send out ballots later. Despite getting such a waiver, many boards of election (including NYC’s) still failed to comply with even the later deadline – and now the DoJ (which had to sue NY last year) is unhappy with the state’s lack of further efforts to remedy these problems. An association of local election commissioners, at a meeting in January, voted to ask the state legislature to move the primary to June to avoid these issues altogether.

Dave’s Redistricting App: Dave has more data and more fixes, so that you can get your fix of data.

UPDATED: SoS relents; Kande is out, way is cleared for Lance Enderle!

IMPORTANT UPDATE!!

The Michigan Secretary of State’s office has confirmed that Kande Ngalamulume is finally OFF the MI-08 ballot!! Read the details–as well as the explanation for the delay on the part of the SoS office.

In any event, it’s official: Kande is now off the ballot, and the path has been cleared for Lance Enderle to replace him.

Note: For the backstory on the ongoing saga in Michigan’s 8th Congressional District, see this diary from August 1st. Much more has happened since then, as you’re about to see…

This is bigger than just the ongoing saga of MI-08; this is about the Michigan Secretary of State’s office playing games with the election process!

I just received the following press release, issued by the Democratic Congressional Committee of Michigan’s 8th District:

For Immediate Release

Contact: Judy Daubenmier, 734-612-7137

EAST LANSING – A special committee of the 8th District stands ready to appoint Lance Enderle as the Democratic nominee for the 8th Congressional District, but Republican Secretary of State Terri Lynn Land is putting up a roadblock.

Lance Enderle, a teacher from Clinton County, appeared before the special committee on Wednesday night and discussed his plans for a campaign to defeat Republican incumbent Mike Rogers in November. The committee recommended that Democrats in the 8th Congressional District endorse Enderle at their caucus on Saturday during the Michigan Democratic Party convention at Cobo Hall in Detroit.

Committee members are prepared to appoint him as the nominee but learned that Land has refused to accept that the party’s previous nominee, Kande Ngalamulume, has moved out of state, even though she directed Ingham County officials to remove him from the voter rolls. Ngalamulume has registered to vote in Pennsylvania and submitted to Michigan Democratic Party Chair Mark Brewer a copy of his Pennsylvania voter registration receipt along with a notarized letter indicating that he has changed his permanent residency to Pennsylvania.

A copy of the letter was hand-delivered to the Bureau of Elections on Monday by the Michigan Democratic Party. State party Chair Mark Brewer informed the Bureau of Elections that the nomination was vacant and the Michigan Democratic Party would move promptly to fill the vacancy.

Under Michigan law, when a candidate for Congress moves out of state after the primary, the party may pick a replacement candidate to appear on the November ballot. The law provides that a committee made up of the chairs, secretaries and treasurers of each of the counties in the congressional district make the selection at a meeting convened by the secretary of the party’s state central committee. Nowhere does the law say that the party must wait for the secretary of state to declare a vacancy or remove a candidate’s name.

Committee members said since Ngalamulume was allowed to register to vote in Pennsylvania it is clear that he has moved out of Michigan and that Land is merely fabricating her own hurdles to try to keep a viable Democratic candidate off the ballot.

Land is term-limited and Democrats this weekend plan to nominate Jocelyn Benson, a Wayne State University professor of election law, as their candidate to replace her. Unlike the highly partisan Land, Benson has pledged to take an “Oath of Nonpartisanship” promising to be neutral and non-partisan in administering election laws.

The section of Michigan law in question says that once the party selects a replacement candidate, the candidate’s name “shall” be printed on the general election ballot and does not give Land authority to try to block the party’s action. The law states: “The name of the candidate so selected shall be certified immediately by the secretary of the state central committee to the secretary of state and to the board of election commissioners for each county, whose duty it is to prepare the official ballots; and said board shall cause to be printed or placed upon such ballots, in the proper place, the name of the candidate so selected and certified to fill such vacancy.”

(Paid for by the Eighth Democratic Congressional District Committee, P. O. Box 4278, East Lansing, MI 48826)

For anyone who doesn’t understand why this is diary-worthy (or Rec-worthy), I ask you to read the previous diary linked to above.

In addition, I’m working on additional updates/material as I type this, but needed to get this out there ASAP. Every minute is literally of the essence.

Note: I’ve added a scan of the letter in question. As you can see, it was notarized in Pennsylvania on August 17. The text of it reads:

“Pursuant to your request, here is my formal letter of withdrawal from the race for U.S. Congress in Michigan’s 8th District.

I have also taken steps to move my permanent residency back to Pennsylvania, where I am now registered to vote. It is my understanding that these actions should allow you and other officials to remove my name on the November ballot with a replacement candidate. I extend my warmest congratulations and best wishes to the eventual nominee.

All the best to you and everyone in the 8th District.

Sincerely,

[signed] Kande Ngalamulume

Included with the notarized letter declaring his change of residency, his change of voter registration and his explicit request to have himself removed from the November ballot, the letter also included a scan of the receipt he received from his voter registration in Delaware County, Pennsylvania on August 10, 2010.

Finally, both documents included a cover letter from the Michigan Democratic State Central Committee in Lansing, Michigan, sent to Chris Thomas, the Director of the Bureau of Elections, and signed by MDP Chair Mark Brewer, specifically requesting that Kande Ngalamulume be removed from the ballot. The cover letter specifies that all three documents were hand delivered to Mr. Thomas at the Treasury Building in Lansing.

Now, there’s two stories going on here:

The first is the backstory of the original Democratic candidate for MI-08, Kande Ngalamulume, who dropped out of the race back in June, after the Primary filing deadline, resulting in his name being the only one on the Primary ballot. OK, that was entirely his doing and his responsibility.

HOWEVER, the current situation is this: The Michigan Secretary of State’s office has now been hand-delivered official, undeniable, verifiable proof that Mr. Ngalamulume a) no longer lives in Michigan; b) is now legally residing in, and registered to vote in Pennsylvania; and c) Has explicitly and without any ambiguity declared his desire to be removed from the November 2010 Congressional Ballot for Michigan’s 8th District.

Ms. Land’s office could, prior to this development, rightly claim that the situation was not her fault nor her responsibility. However, with the 60-day change-of-ballot deadline quickly approaching (the lead time is needed in order to print and distribute absentee ballots), any further delay in removing Mr. Ngalamulume from the ballot–and, simultaneously, any further delay in replacing his name with that of Lance Enderle–is nothing more than pure political posturing and obstruction, denying the 600,000+ people of Michigan’s 8th Congressional District the right to choose an alternative to Mike “Let’s Drill for Oil in the Great Lakes!” Rogers.

Hopefully the SoS office will stop playing games, go ahead and strip Kande off the ballot, and replace him with Lance’s name immediately. With so little time to spare, however, Lance needs your help!

Find out more about him at his website:

Lance Enderle for Congress

Pony up a few bucks for Lance:

Lance’s ActBlue Page

Lance’s Facebook Page (link will be changed soon but this is the group for now)

Follow Lance on Twitter

Full disclosure: While I’m working at a substantial discount, I am still being paid. Mostly, however, I’m just upset at the mess caused by Kande’s withdrawl and am trying to help salvage the situation.

Little-Noticed Federal Law Could Push Late Primaries Earlier

A little-noticed provision slipped into a pending Department of Defense spending bill by Chuck Schumer might have the effect of forcing states with September primaries to hold them earlier:

The provision requires that absentee ballots be mailed out to potential overseas voters at least 45 days before the general election. Although the provision’s inclusion in a Defense bill is justified by its impact on armed forces members serving overseas, it will affect all overseas voters.

The piece’s author, Eric Black, explains the effect it would have in Minnesota:

The 45-day deadline for mailing the ballots would technically fall after Minesota’s traditional primary date, but [Secretary of State Mark] Ritchie said there would not be enough time to certify the results of a primary election and get ballots printed to meet the deadline.

But Minnesota isn’t the only state with a late primary. In 2008, ten other states had primaries in September: AZ, NH, WI, VT, RI, DE, NY, MA, HI & LA. Meanwhile, FL, AK, WY & WA all had primaries in the second half of August. In other words, this provision could wind up affecting quite a few states. While Black says that MN would likely move its primary to August, others might move them even earlier.

Personally, I’ve always hated late primaries – they only serve as an incumbent protection racket. In my own state of New York, winners of contested primaries have less than two months to turn around and face an entrenched incumbent. Chuck Schumer, in fact, knows this all too well – in 1998, he had a hard-fought nominating contest against Mark Green and Geraldine Ferraro, and then managed to pull off a big upset against Al D’Amato just six weeks later. Of course, now that the shoe is on the other foot, a late primary only helps Schumer… so maybe this wasn’t even on his mind (or maybe he just thinks it’s a good idea anyway).

I’d like to see all of these states consider moving their primaries to June or thereabouts. Not only would that be the democratic thing to do, there’s always a concern about recounts. Indeed, one of the states with late primaries, Alaska, had a lengthy recount last year. Of course, as Black notes, if you have a Franken-style recount in a primary, you’re probably in trouble for the general no matter what. But at least a June election would give everyone more time. Anyhow, I’ll be very curious to see how states react to this, especially since it appears that a lot of folks don’t know this is coming down the pike.

How many states allow counting of absentee ballots before election day?

Sorry for the quick-hit diary, but I have a question for the Swing State Project community based on a story the Iowa Voters Blog brought to my attention.

On Tuesday the Iowa House approved a law that would allow absentee ballots to be counted before election day. (Click here to read the text of HF 670.)

Iowa Voters writes in a satirical style but raises a lot of valid concerns about this bill:

Don’t worry about this affecting the election by giving one side a warning that the results may be close. Don’t worry-it will be illegal to leak this information even though some highly political people at the courthouse will know the information on the absentee results. Don’t worry even if the county auditor himself is in a tight re-election race. Having his staff counting the ballots on Monday won’t allow him to be warned about his imminent defeat on Tuesday. Don’t think that the people who went to jail in Ohio for rigging the recount in 2004 have any cousins in Iowa election departments.

I can’t see any public interest served by this bill. Even though early voting has grown in Iowa, with about a third of the electorate casting early ballots last fall, we still got our election results promptly. It’s not as if it took days for those officials to count the absentee ballots.

Are there any other states that allow the practice of counting absentee ballots before election day? Am I crazy, or is this bill a solution in search of a problem?