SSP Daily Digest: 11/10

AK-Sen: The big news out of Alaska is that Joe Miller is now suing to disenfranchise bad spellers. It’s probably his only path to victory, forcing the state to adhere to a strict absolutely-spelled-correctly standard for “Lisa Murkowski” instead of a looser standard of analyzing voter intent. Miller’s lawyer is asking a federal judge for a hearing this afternoon, seeing as how the state is planning to begin the process of checking and counting the 92,000 write-in ballots cast. Miller did get a leg up from the absentee count (of 27,000 additional ballots) issued yesterday, though. Murkowski went into yesterday leading by 13,439 votes (a 7% spread) and came out leading by 11,333 (a 5% spread). That’s not the end of the absentee and early-vote count, either; another 12,000 remain to be counted, on top of all the write-in analysis.

MA-Sen: I wonder just what the heck Marty Meehan is planning to do with his millions of dollars ($4.5 mil — compare that with likely candidate Mike Capuano’s $91K CoH!) in cash on hand, currently getting moldy in some bank vault. The ex-Rep. and current university president deferred on yet another Senate run, saying he won’t challenge Scott Brown in 2012. At any rate, even with the most-loaded potential challenger out (short of Some Millionaire showing up and swamping the race with self-funding), the Beltway CW still is still treating Scott Brown as the most endangered GOPer for 2012, and that seems to have gotten amplified with the generally-strong top-to-bottom performance of Dems last week in the Bay State, suggesting that the Senate special election may have operated in its own little unusual vacuum.

ME-Sen: Turnabout’s fair play, I guess. With the DC press trying to drum up some drama out of (possibly non-existent) GOP overtures to get Joe Manchin and Ben Nelson to switch parties, now there’s word from, uh, somebody about Dem outreach to Olympia Snowe to get her to switch (and avoid a likely teabagging in a 2012 GOP primary).

MT-Sen: We mentioned businessman and losing 2008 Lt. Gov. candidate Steve Daines yesterday as a potential challenger to Jon Tester, and it looks like he’s already moving full speed ahead. He’ll be announcing his bid this Saturday.

NE-Sen: Right on cue, here’s the first Republican-sponsored poll of the 2012 cycle showing Ben Nelson in deep shit. The poll, commissioned by the state Republican party from Voter/Consumer Research, finds Nelson trailing the one announced candidate, AG Jon Bruning, by a 50-35 margin. (He also trails Generic R 42-32, and Gov. Dave Heineman 59-31, although Heineman has already said he’s not running.) Interestingly, he’s still above water on his approvals, which are 50/41… but it’s a red enough state that that may not be enough to save him.

NV-Sen: PPP is turning its attention to 2012 already, and its first poll is a juicy place to start: the GOP primary in Nevada. This is something of a surprise, at least upending the conventional wisdom: John Ensign has significant leads over both his highest-profile potential primary opponents. He beats Rep. Dean Heller 45-37, and Lt. Gov. Brian Krolicki 55-27. Those leads may not hold up across a campaign, though, as Ensign has much higher name rec than either opponent. He’s at 64/23 (remember, this is only Republicans in the sample, who, if David Vitter is any indication, are firm believers in the principle of IOKIYAR), while Heller is at 56/8 and Krolicki is at 45/9.

RI-Sen: The names are also floating up for potential Republican challengers to Sheldon Whitehouse, with so-so approvals but not considered terribly vulnerable in his blue-state perch. State GOP chair Giovanni Cicione is publicly weighing a bid (although he’s also saying that he’s pushing outgoing Gov. Don Carcieri to make a bid, though he doesn’t sound interested). Two other possibilities mentioned in the article include Warwick mayor Scott Avedisian and Cranston mayor Allen Fung.

WV-Sen: This whole thing is getting a little too meta for me: with the perception out there of having gotten publicly burned on their attempts to get Joe Manchin to switch parties, now NRSC spokespersons are trying to say that the whole rumors of the outreach (which may or may not have actually happened) originated with the Manchin camp, so that he can bolster his bipartisan credentials. I can’t decide whether the two camps are truly playing 3-D chess with each other or it’s just devolved into high school mean-girls behavior at this point.

CA-11, CA-20: Jerry McNerney keeps adding to his lead, making this one looking likely to get called soon. He’s now up by 2,269 votes after a batch came in from blue Alameda County. We don’t have any specific new numbers to report for you further south in the 20th, but the long-awaited dump of Fresno County ballots (where Jim Costa has led by a significant margin over Andy Vidak) is scheduled for later today, which is expected to push Costa into the lead (Vidak currently leads by only 145 right now, thanks to his home base of Kings County).

FL-22: Allen West’s hiring of a controversial talk show host as his chief of staff (payback for her constant boosterism of his campaign) is not only great fodder for the sheer litany of terrible things she’s said (click the link for more), but it also may run into ethical and even FCC problems if she keeps her other job as radio host. The counsel for the House Committee on Standards of Ethical Conduct said the situation is “potentially problematic” because of conflicts of interest, and a different expert says it may also pave the way for demands for equal time on the air for whoever West’s 2012 opponent is.

PA-11: You may remember Corey O’Brien, the Lackawanna County Commissioner who lost the Dem primary in the 11th to Paul Kanjorski back in May. With the elderly Kanjorski not likely to try for a rematch, O’Brien looks to be in the driver’s seat with regards to the Dem nomination for 2012 to go up against Lou Barletta in this D+4 district (though that’s subject to the redistricting pen, of course). The buzz is he’s a near-definite candidate, although he might face a primary bout with Scranton mayor (and, briefly, gubernatorial candidate) Chris Doherty.

DCCC: In case you didn’t know, lawyers get really expensive really fast. One of Chris Van Hollen’s last acts as DCCC head is to send out a fundraising blast to donors, trying to round up $100K to cover potential recount activity in (according to him) nine different races.

House: Nate Silver’s new piece matches what I’ve seen a lot of in the comments (and my own perceptions, as well): the idea that 2012 should be a year of happy hunting for Dems in the House (although, especially with redistricting giving a boost to the GOP, a heavy lift to get back into the majority). The balance of mismatched seats has switched dramatically: now there are 12 Dems in seats that Obama lost (down from 50), and 55 GOPers in seats that Obama won (up from 28). Even if that’s old news to you, the array of graphs is worth checking out.

IA-St. Sen.: It looks like things have been finalized in Iowa, and the state Senate is at least one closely-decided legislative chamber that we pulled out of the fire. Democrat Tod Bowman’s 71-vote victory in SD-13 gives the Dems 26-24 control over the body. (One other outstanding race, where the GOPer is narrowly leading, could also break for the Dems.) That leaves the Oregon state Senate as the chamber that’s still probably the biggest question mark.

Chicago mayor: We’ve been meaning for a while now to do a comprehensive who’s-in-who’s-out post about the mayoral race in Chicago, but here’s a potentially big name that deserves immediate mention… if only because he’s in the House, and if there’s one thing SSP is all about at this point in the cycle, it’s the Open Seat Watch. Rep. Danny Davis of IL-07 on Chicago’s West Side (who’d previously flirted with and decided against a bid for Cook Co. Executive) is now expressing interest in the race, saying he’s “ready to run.” In a boost to his prospects, a coalition of black religious and community leaders that had previously supported ex-Sen. Carol Mosely Braun for the job has reversed course, and is now backing Davis.

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.