OH-15: Appeals Court Thows Out District Ruling

Folks, we are nowhere near finishing counting the votes in the OH-15 race. According to the Columbus Dispatch, the always nasty 6th Circuit Court of Appeals has thrown out a lower court ruling that the 1,000 provisional ballots in Franklin County should be counted.

An appeals court ruled today that a federal judge erred in determining that Franklin County’s controversial provisional ballots can be counted.

The 6th U.S. Circuit Court of Appeals ruled that the issue involves state law — not federal — and sent the case back to the Ohio Supreme Court, where it started. The unanimous ruling was made by Judges Jeffrey S. Sutton, Cornelia G. Kennedy and David W. McKeague.

Secretary of State Jennifer Brunner said she would not appeal, but urged justices to “quickly affirm their previous clear guidance ‘to liberally construe election laws in favor of the right to vote,’ so as not to disenfranchise approximately 1,000 Ohio voters with a hypertechnical interpretation of Ohio law.”

The decision puts a continued hold on two races that are still too close to call: the 15th Congressional District, where Republican Steve Stivers leads Democrat Mary Jo Kilroy, and the 19th Ohio House District, where Democrat Marian Harris has a 40-vote lead over Republican Brad Lewis.

Stivers’ lead grew to 594 votes today after Madison County finalized its vote count.

The outcome of the congressional race, though, will remain in limbo until legal challenges decide if Franklin County’s 27,000 provisional votes can be counted. It is not known how many of those votes are in the 15th district; roughly 40 percent of the county lies within the district.

The State Supreme Court is giving interested parties until 4pm on Monday to file their arguments. I still think Kilroy is going to win, but I have the following questions.

1. How many of the remaining 27,000 Franklin County ballots are in the district?

2. How many ballots are absentee and how many are provisionals? I hear each term used in different articles.

3. If they are all provisionals, what percentage are likely to get counted?

4. Assuming for a moment that the 1,000 are not counted, what are the odds that Kilroy will overcome the nearly 600 vote lead that Stivers currently has?

It sure is getting messy down there. I hope we have a winner by January!

OH-15: Judge Orders Provisional Ballots Counted

A key win for Mary Jo Kilroy:

A federal judge in Columbus ruled Thursday that disputed provisional ballots must be counted in one of the nation’s final undecided congressional races. …

About 1,000 ballots are in dispute in the House race because of defects such as voters failing to both print and sign their names.

Marbley’s ruling came in a lawsuit filed last week by supporters of Stivers, who argued the ballots were invalid because they were missing either a printed name or a signature, or the two were interchanged on ballot envelopes.

In his ruling, the judge said the plaintiffs never disputed that the voters who used the provisional ballots were eligible, properly registered and voted in the correct precinct, and that not counting the ballots would disenfranchise legitimate voters. His ruling sides with Secretary of State Jennifer Brunner, who had said the ballots should be counted because the problems were due to poll worker error.

Punctuating his ruling with a reading of Ohio’s voter fraud statute, Marbley called unfounded the plaintiffs’ contention that allowing the disputed ballots to be counted would promote fraud. He said election officials have ways to double-check the validity of all the disputed votes.

These thousand ballots are from Franklin County, the population center of the district and Kilroy’s base. It’s especially heartening to see the judge directly eviscerate classic GOP phony fraud claims. Marbley stayed his ruling, however, so that the Republicans can appeal. Presumably the Sixth Circuit will issue a ruling soon, hopefully affirming the district court.

In other OH-15 news, rural, red Union County completed its recount and Steve Stivers’s lead moved up to 479 votes. But that hardly seems like enough – there are apparently some 27,000 ballots left to be counted in Franklin, so it’s pretty difficult to see how Stivers will hold on. (Some of those ballots are provisionals which will be rejected, though.) In a way, this race is almost the inverse of WA-08, where early returns are liable to be reversed as the tally progresses.

My own neurotic, utterly non-substantive reason for hoping Mary Jo Kilroy wins the recount *UPDATE*

This has no bearing on anything in particular, but I noticed it some time ago and it’s been driving me insane…

A win for Stivers would give the Ohio delegation four — yes, FOUR — members named Steve.  

It started out with just Chabot and LaTourette.  Lo and behold, Chabot came to be challenged (ultimately successfully) by none other than a fellow Steve (Driehaus). Still, this was to be no more than a preservation of the nomenclatural status quo, switching out a bad Steve for a good one.

Yet then Steve Austria won the Republican primary in OH-07. Holding out little hope for Democrats winning this seat, my attention fell to OH-15, where I assumed (probably along with many others) that Mary Jo, having been campaigning for four years, would handily beat Steve Stivers.

Election Night: the race was called for Stivers.  My heart was broken on many levels — a good, hard-working Democrat had come up short, a premier pick-up opportunity had been missed, and Ohio’s Steve contingent had been **shudder** doubled.

But soon came word that the race was in fact too close to call!

Fearing the catastrophic glut of Steves I’d seen on the horizon, I began refreshing the Ohio Secretary of State’s page every few hours to monitor the results out of the 15th District. As of this moment, Superfluous Steve #4 is leading by 146 votes.

Such has been my life for the past five days.

Can Mary Jo still staunch the oncoming Tstevenami?

UPDATED: I’m proud/dumbstruck to announce that this very diary was featured on tonight’s Rachel Maddow Show.

http://www.msnbc.msn.com/id/26…

Follow the Undecided Races [UPDATED x2]

Here are some handy links for those of you following the still undecided races for Congress and the Electoral College.

[UPDATE1: Added CA-04]

[UPDATE2: Added CA-44 and AK-AL.  Added current margins]

AK-Sen [Mark Begich (D) vs. Ted Stevens (R)]:

Margin: Stevens +3,257 11/7 3:41 PM EDT

http://www.elections.alaska.go…


[Charlie Brown (D) vs. Tom McClintock (R)]:

Margin: McClintock +709 11/7 3:27 PM EDT

http://vote.sos.ca.gov/Returns…


CA-44 [Bill Hedrick (D) vs. Ken Calvert (R)]:

Margin: Calvert +5,264 11/7 3:28 PM EDT

http://vote.sos.ca.gov/Returns…


GA-Sen [Jim Martin (D) vs. Saxby Chambliss (R)]:

Margin: Chambliss .2% below 50% 11/7 3:33 PM EDT

http://sos.georgia.gov/electio…


MD-01 [Frank Kratovil (D) vs. Andy Harris (R)]:

Margin: Kratovil +2,003 11/7 3:25 PM EDT

http://www.elections.state.md….


MN-Sen [Al Franken (D) vs. Norm Coleman (R)]:

Margin: Coleman +239 11/7 3:24 PM EDT

http://electionresults.sos.sta…


MO-Pres:

Margin: McCAin +5,859 11/7 3:39 PM EDT

http://www.sos.mo.gov/enrmaps/…


NE-02-Pres:

Margin: McCain +569 11/7 3:26 PM EDT

http://www.sos.ne.gov/elec/200…


OH-15: [Mary Jo Kilroy (D) vs. Steve Stivers (R)]:

Margin: Stivers +146 11/7 3:21 PM EDT

http://vote.sos.state.oh.us/pl…


VA-05 [Tom Periello (D) vs. Virgil Goode (R)]:

Margin: Periello +745 11/7 3:18 PM EDT

https://www.voterinfo.sbe.virg…


WA-08 [Darcy Burner (D) vs. Dave Reichart (R)]:

Margin: Reichard +5,332 11/7 3:22 PM EDT

http://vote.wa.gov/Elections/W…

OH-15: Now It’s 146 Votes

Yesterday, GOPer Steve “Steve” Stivers was leading Mary Jo Kilroy by 321 votes in Ohio’s 15th District. The AP has corrected and updated their wildly wrong tally, and now that lead is down to 146 votes (and so says the Columbus Dispatch).

There are about 10,000 outstanding provisional and absentee ballots left to be counted, with 60-70% of those coming from Franklin County, where Kilroy edged Stivers by 48-43 in the count so far. The other ballots appear to be friendlier to Stivers, and one GOP operative quoted by the Politico says that this race will come down to less than 100 votes.

In 2006, Kilroy was trailing in the initial count by 3000 votes, and ended up only 1000 votes (or so) shy after provisionals were added and the recount kicked in. Let’s hope for some similar gains this time.

Overtime

A roundup of races that haven’t yet been decided:

AK-Sen: Will this race be finalized before Ted Stevens is carted off to the big house? Answer: Yes. Will it be over before the Senate has a chance to boot his sorry ass? Maybe not. While Unca Ted has a 3,300-vote lead, some 76,000 ballots remain to be counted. Supposedly, they need to be counted by Nov. 14th, but the “target date” for certification is not until Nov. 25th (PDF). And then, who knows – maybe we’ll have a recount.

P.S. More here from Mark Begich’s brother Tom.

CA-04: Conservative Icon™ Tom McClintock has a 451-vote lead with 100% of precincts counted. Absentees and provisional ballots need to be counted. But check this out:

If no candidate is more than ½ of 1 percentage point ahead in the semiofficial Election Day results, county election officials will automatically begin partial manual audits. After the counties deliver their totals to the secretary of state in December the candidates will have the option to ask for a recount. (Emphasis added.)

We could be waiting a long time on this one.

GA-Sen: This race will likely go to a run-off between Saxby Chambliss and Jim Martin. A run-off can’t formally be declared until the state certifies the election results next week, and outstanding votes could possibly tip the race to Chambliss. Nonetheless, both sides are in campaign mode. If there is a run-off, it will be held Dec. 2nd.

LA-04: This seat will also feature a run-off between Dem Paul Carmouche and Republican John Fleming. The date for that face-off is Dec. 6th.

MD-01: Dem Frank Kratovil is sitting on a 915-vote lead. But some 25,000 absentee ballots need to be counted. Results get certified Nov. 14th – not too bad, compared to some other states.

MN-Sen: An automatic recount seems certain here. Dickface Norm Coleman leads by a mind-boggling 475 votes out of 2.9 million cast. (Shades of WA-Gov 2004?) Oh, and here’s why I’m calling him a dickface. State law provides for an automatic recount if the margin is less than 0.5%. Yet this is what he’s said:

“Yesterday the voters spoke. We prevailed,” Coleman said Wednesday at a news conference. He noted Franken could opt to waive the recount.

“It’s up to him whether such a step is worth the tax dollars it will take to conduct,” Coleman said, telling reporters he would “step back” if he were in Franken’s position. Secretary of State Mark Ritchie said the recount would cost 3 cents per ballot, or almost $90,000.

What a chiseler – ninety-fucking-thousand dollars. That’s like one wealthy-donor-funded Nieman Marcus shopping spree for this douchenozzle. Anyhow, the same article says that a recount won’t begin until mid-November and could take “weeks.” Lawyers, ten-hut!

OH-15: As noted below, GOPer Steve “Steve” Stivers is ahead of Mary Jo Kilroy by just 321 votes. We may get final results in ten days, or maybe longer. If the final margin is under 0.5%, then there will be an automatic recount. We had one of those last time in this very same race – it took until mid-December to complete.

VA-05: Dem Tom Perriello is clinging to a 31-vote lead over incumbent Virgil Goode. Absentees need to be counted. This race will surely go to a recount. However, VA law does not provide for automatic recounts, and a candidate cannot request one until after the official canvas is complete. That isn’t until Nov. 24th, so sit tight.

WA-08: Good idea: Let’s allow everyone in Washington state to vote by mail! Bad idea: Let’s make the rule that you have to postmark your ballot by election day. In neighboring Oregon (the vote-by-mail pioneer), ballots sensibly have to be received by election day. But Washington has decided to do things the annoying way, so it’ll be a while before we get final results here – election officials say it’ll take a week to count all the ballots. (Though I don’t know if there is a drop-dead date by which ballots must be received.)

Anyhow, in the meantime, we know that GOPer Dave Reichert has about a 1,900-vote lead over Darcy Burner. The good news is that in 2006, Reichert won by 14.83% in Pierce County and 0.15% in King County. This time so far, he’s ahead by just 12.22% in Pierce and is behind 1.62% in King, which has 80% of the district’s population. My sense is that Burner probably has to start doing a little bit better in King to pull this one off.

UPDATE: Skywaker9 says that properly postmarked ballots have to be received within a week in WA.

LATE UPDATE (James): In the shocker race in California’s 44th District, where unheralded Dem challenger Bill Hedrick is trailing GOP scuzzbucket Rep. Ken Calvert by 4600 votes, neither side has declared victory yet.

OH-15: It’s Really a 321-Vote Race

It seems like ohio_anon and DCal in comments have figured out the mystery in OH-15. You’ve probably noticed by now that sites which rely on data from the AP (such as CNN) are reporting results that look like this:

Steve Stivers (R): 48% (146,907)

Mary Jo Kilroy (D): 43% (134,492)

Yet the race hasn’t been called, and news accounts say Stivers has just a 321-vote lead. So why is the AP data screwed up? Well, ohio_anon points out that in Ohio, the board of elections for the county with the greatest number of people in any given congressional district is responsible for reporting for all the counties covered by that CD. This means that the data on the Franklin County website includes the votes for much smaller Madison and Union Counties.

So the AP appears to be counting Madison and Union twice – once on their own, and once folded into the combined results reported by Franklin. (Stivers did much better in the two smaller counties, while Kilroy ran ahead in Franklin, so that’s why his lead is inflated.) Indeed, the math works out perfectly, as DCal observes – double Madison and Union and add them to the “Franklin” results, and you get those phony numbers listed in the blockquote above.

The AP needs to get its act together, but the bottom line is that due to the closeness of this race, we probably won’t know the final results for ten days.

OH-15: Kilroy Maintains Her Lead

SurveyUSA (10/25-26, likely voters, 9/19-21 in parens):

Mary Jo Kilroy (D): 47 (47)

Steve Stivers (R): 41 (42)

Don Eckhart (I): 6 (5)

Mark Noble (L): 2 (3)

(MoE: ±4%)

Kilroy maintains her cool, while Stivers, for the second straight poll by SUSA, loses support (he held 44% of the vote in August).

A full 37% of likely voters say that they have already voted, and of that group, Kilroy leads by 54-38. That’s an awful lot of ground for Stivers to make up on election day.

(H/T: Chad)

SSP House Race Ratings Changes: 10/27

(DavidNYC and Crisitunity contributed to the writing of this post.)

We made these changes on Friday night, but haven’t had the opportunity to post our full write-ups until now. Here goes:

  • AZ-01 (Open): Lean Democratic to Likely Democratic
  • Essentially, Republicans ceded this race the moment that former Arizona state Senate President Ken Bennett declined to run for the open seat of “retiring” GOP Rep. Rick Renzi. In his place, Republicans are running Arizona Mining Association President Sydney Hay, a truly D-grade candidate whose sharply right-wing views would make Randy Graf smile with pride. Most starkly, Hay has only raised $363,000 compared to Democrat Ann Kirkpatrick’s $1.68 million. With the DCCC spending liberally against Hay, the end result is poised to look ugly for the GOP here. (James L.)

  • AZ-08 (Giffords): Lean Democratic to Likely Democratic
  • This is a case of good candidate, wrong year for the Republicans: they convinced state senate president Tim Bee to run against freshman Democrat Gabrielle Giffords in this R+1 district. Bee came in with something of a moderate image, but that was frittered away through a public tussle with Jim Kolbe, the Republican occupant of this seat prior to Giffords (probably over Bee’s support for a gay marriage amendment to the Arizona constitution) and having to have a Bush visit to help with fundraising.

    In a normal year, the GOP could have made a strong race of it, even with these few unforced errors. Given the broader trends this year, though, and the GOP’s more pressing problems on defense, Bee simply got washed away… and acknowledging their chances, the NRCC just pulled out of this race. (Crisitunity)

  • CA-04 (Open): Lean Republican to Tossup
  • Hopes have been high for Charlie Brown’s second run at this seat in the Sacramento suburbs, after he narrowly lost to corrupt John Doolittle in 2006. Unfortunately (for Brown’s chances), Doolittle subsequently retired, meaning that Brown would instead be running in 2008 against ‘generic R’ in a dark-red R+11 district.

    Fortunately for Brown, though, ‘generic R’ didn’t show up, and instead he found himself running against ‘conservative icon’ Tom McClintock, who between his name-recognition and access to money was supposed to have been a formidable opponent may just be too laughable and over-the-top even for this district. First off, McClintock is from southern California and hasn’t bothered moving to the district yet. He seems to have little intention of unpacking his bags even if he wins, as he’s keeping various accounts for 2010 statewide offices open.

    Things just haven’t gelled for McClintock; not only has he trailed Brown in all polls except his own internals, but he’s almost out of money, as he finished the third quarter with only $94,000 cash on hand. The district lean here should disqualify a Democrat from picking up this seat, but by any objective measure, Brown is poised to be able to do it. (C)

  • FL-16 (Mahoney): Lean Republican to Likely Republican
  • This is an ugly, awful race with an ugly, awful candidate on the Dem line who really ought to spare himself, his family, his constituents, and his nominal party a whole lot of embarrassment by resigning. We’ll have a shot here again in the future.

    One point I’d like to make in passing, though, is that if Dave Lutrin, who was a short-lived primary opponent of Mahoney’s back in 2006, thought his cause was just, he should never have dropped out. I’m really tired of claims that Rahm Emanuel somehow “pushed” Lutrin out of the race.

    This isn’t a third-world country. His family wasn’t threatened. In America, if you want to run for office, you run. Some people might make things difficult for you, but that’s called politics. And we also have excellent proof that such a course of action by no means has to be quixotic – just look at Reps. Jerry McNerney and Carol Shea-Porter. In other words, there’s no excuse for giving up just because Rahm allegedly likes someone else better than you. (David)

  • FL-24 (Feeney): Tossup to Lean Democratic
  • Who would have ever thought that the first Republican incumbent to fall off the cliff and into the no-man’s land of “Lean Dem” would be someone other than Don Young? Tom Feeney was one of the few representatives tarred with the brush of Abramoff to survive 2006 and then decide to try again in 2008. Until recently, however, with Jack Abramoff disappearing in the rear-view mirror and Feeney safely ensconced in an R+3 district that he designed for himself while in the state legislature, it looked like he was going to skate through.

    As Republican fortunes in general started to dwindle this summer, though, Feeney found former state representative Suzanne Kosmas gaining on him. So, he did exactly what any rational politican would do… he issued an ad reminding everyone of his involvement in the Abramoff affair and begging forgiveness for it. Wait… what? That’s not what a rational politician would do? Hmmm.

    From that point on, everything seemed to go haywire for Feeney, and another Kosmas internal from last week gave her a head-spinning 58-35 lead over Feeney. This week would have been the time for Feeney to issue his own internal as a rebuttal… and his silence on the matter is extremely telling. Even in a good year for Republicans, this would be a difficult hole for Feeney to climb out of, but this year, it’d be nearly impossible. (C)

  • FL-25 (M. Diaz-Balart): Lean Republican to Tossup
  • This one is all about demographics. What was once a Cuban-American GOP stronghold has turned into a pure tossup district, at least according to the latest voter registration numbers. Recent polling shows Diaz-Balart up by only three points and well below 50%, and the DCCC is spending heavily against both Diaz-Balart brothers (while the NRCC has been focusing solely on protecting Lincoln with massive independent expenditures). This one feels hard to predict, making it a perfect tossup. (J)

  • ID-01 (Sali): Lean Republican to Tossup
  • Well, here we are – a place I distantly imagined we might possibly reach but am nonetheless quite surprised (and delighted) to be. The race for Idaho’s first Congressional District is a tossup, my friends, and this is a race rating change you can believe in.

    Bill Sali has done for Democrats what even the lovechild of FDR and Howard Dean never could have: He’s made a seat that’s supremely conservative extremely competitive. As we’ve explained at great length, Sali is the perfect fuckup, capable of doing no right.

    Meanwhile, Dem Walt Minnick has been an ideal candidate running a nearly flawless campaign. He’s scored support from a broad range of conservatives furious with Sali’s antics and ineffectiveness, and he’s picked up endorsements from the region’s most important papers (see here and here). What’s more, the polling (particularly a recent SUSA survey) has shown a tight race. We think Minnick has put himself in an excellent position to win this race and are eager to follow the returns on election night. (D)

  • KY-03 (Yarmuth): Lean Democratic to Likely Democratic
  • In any other cycle, this race would have been a barnburner: A popular, longtime incumbent narrowly upset in a wave election by a first-time candidate wages a serious comeback in a swing district. The problem is that this isn’t just any ordinary cycle. Indeed, it’s looking like a vale of tears for all of the Republican retreads who are seeking rematches this year.

    But Northup is a special case – she was actually a replacement candidate against John Yarmuth, after her bitterly humiliating primary loss to corrupt Gov. Ernie Fletcher in 2007. Northup’s fundraising network may still be intact, but her political appeal isn’t. Yarmuth, who is proving to be a great fit for this district, has led comfortably in five straight SUSA polls.

    Once you factor in top-of-the-ticket excitement in Louisville, the chances of Northup pulling this one off seem remote indeed. Hopefully, with three shattering losses in just twenty-four months, we won’t be seeing much more of Anne any time soon. (D)

  • NY-24 (Arcuri): Likely Democratic to Safe Democratic
  • We’ve heard very little all cycle long in this sleepy race. When last we checked in half a year ago, malfunctioning NRCC robot Ken Spain was busy telling the world that Mike Arcuri would be vulnerable unless the DCCC spent its entire $44 million warchest to defend him.

    Actual DCCC expenditures on this race? $00,000,000.00. That sort of tells you all you need to know. Rep. Mike Arcuri has raised solidly if not spectacularly ($1.5m), but that’s been more than enough to keep his Republican opponent Richard Hanna at bay. Arcuri is likely to hold this seat for a long time to come. (D)

  • OH-15 (Open): Tossup to Lean Democratic
  • After a paper-thin margin in 2006, this R+1 district in Democratic-trending Columbus was considered a prime pickup opportunity. Once incumbent Deborah Pryce decided to flee for the hills (actually, K Street is pretty flat, come to think of it) and county commissioner Mary Jo Kilroy came back for another try, many prognosticators thought this was the Dems’ single-best pickup chance. Subsequent retirements (NY-25) and retirements/sex scandals/untimely deaths/party meltdowns (NY-13) moved it down the list a bit, but it always looked good for the Dems.

    The GOP scored big, though, by nailing their desired candidate, moderate state senator Steve Stivers. Polls never showed a big edge for Kilroy, and Kilroy got pinned down with various weird minutiae (like controversies over bids to build a baseball stadium and the radical leftist pamphlet alternative weekly she used to edit) that kept her from building much momentum.

    However, the general trend toward the Dems seems to have pushed this race into the Lean Dem column in the last month, with polls moving in Kilroy’s direction and the NRCC, in triage mode, more focused on saving incumbents than open seats. Throw in pro-life independent Don Eckhart making Stivers’ task even more difficult, and this becomes a race where a GOP victory would, at this point, be quite surprising. (C)

  • OH-18 (Space): Likely Democratic to Safe Democratic
  • Republicans thumped their chest pretty loudly after 2006 that Democrat Zack Space had a fluke victory and would be quickly dispatched with by a top-tier challenger in 2008. Well, it’s 2008, and we see no top-tier challenger here. We do see a sadsack nobody who has raised a whopping $332,000 in a year and a half since kicking off his campaign. That’s simply not enough to topple a Representative who, by most reviews, has been a good fit for his district and has provided superior constituent services.

    Memo to Republicans: Better luck next year. (J)

    MI-09, OH-15: Dem Poll Bonanza

    Grove Insight for DCCC (10/21, likely voters, 10/4-5):

    Gary Peters (D): 46 (46)

    Joe Knollenberg (R-inc): 36 (37)

    Jack Kevorkian (I): 2 (n/a)

    (MoE: ±4.9%)

    Greenberg Quinlan Rosner for DCCC (10/19-20, likely voters, 9/30-10/1):

    Mary Jo Kilroy (D): 44 (44)

    Steve Stivers (R): 36 (36)

    Don Eckhart (I): 11 (7)

    (MoE: ±4.9%)

    Two new polls from the DCCC show Democratic candidates in midwestern swing district races maintaining their sizable leads from last time. In the open seat in the Columbus-based 15th, the head-to-head numbers stay exactly the same; the only movement, unfortunately for Stivers, seems to be to pro-life independent Don Eckhart. (At the presidential level, Obama leads McCain 51-39 in OH-15.)

    MI-09 continues to be a big surprise, as Gary Peters puts up a bigger margin against incumbent Joe Knollenberg than in the open seat in OH-15. This one just seems like a perfect storm: the Detroit area was already suffering economically more than any other part of the country, it’s suffering even more with the financial crisis and subsequent free fall in the auto industry, and we have an old incumbent who hasn’t faced a top-tier challenge before.