Category Archives: Elections

Waiting for the Other Shoe to Drop

There have been signs, including a posting on his Twitter-alternative website from the Crook-in-Chief that an arrest was supposed to be about to occur, that Donald Trump may soon be the prisoner in the dock.  Obviously, until charges are filed, any discussion of potential charges are just speculation.  But here is what seems to be in the wind.  And I did postpone writing this to see what might get filed this past week, but, since there is no guarantee about when these charges will come, I decided to go ahead with this post.

Right now, the case that appears on the eve of being filed is from Manhattan County in New York.  These charges arise out of something which is, unfortunately, somewhat common with closely-held corporations — an inability to keep the corporation separate from the person.  Legally, a corporation is a separate legal person from its owners, officers, and employees.  The corporation is legally responsible for paying its own expenses and liabilities.  The personal expenses and liabilities of the employees are supposed to be paid by the employees out of their personal funds.  If the employer covers those expenses, that is considered to be compensation to the employee (or dividends to the owner) which has to be reported to the IRS and state taxing authorities as income for the employee (or income to the owner).  This situation is what got the Trump Organization charged and convicted for benefits that it provided to some of the executives which were included as business expenses (and employee compensation is a business expense) on the corporate returns but not reported as income to the executives.

In Trump’s case, the issue is sexual misconduct by the CEO of the company.  Now, if the company is being sued for sexual harassment of its female employees under Title VII, that is a legitimate business expense.  If the CEO is sued for sexual misconduct in his personal ife, that is not a legitimate business expense, and he should be paying the settlement and the legal expenses out of his personal account.  Complicating the matter for Trump is that these issues arose while Trump was running for office.  That raises the issue of whether the settlements and non-disclosure agreements were for personal reasons — to avoid his spouse learning about his infidelity — or for political reasons — to avoid the public learning that the candidate is a liar and cheat who can’t even keep his wedding vows much less any other promise.   It is clear that there are some fraudulent business records here as Michael Cohen and the women should not have been paid from Trump Organization accounts but whether the offense is a felony or misdemeanor depends upon whether that improper use of corporate funds where for other criminal purposes — namely avoiding tax liability on the part of Donald Trump (if Trump had paid the bills and then taken a draw from the company that would have been income to Trump and the expense would not have been tax deductible) and the Trump Organization (distribution of income by a company is not tax deductible but legal expenses are) or to avoid reporting a campaign expense (if the settlement was designed to avoid the political consequences, it would be considered to be a campaign expense). Continue Reading...

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Georgia Runoff

The last election of 2022 will conclude on Tuesday with the runoff election for U.S. Senator in Georgia.    While there are still some races that will go to recounts, all of the statewide and congressional races seem to be outside the margin at which a recount could make a difference.  (There are three races with margins between 500 and 600 votes — Arizona Attorney General, California Thirteenth District, and Colorado Third District.  In the Minnestoa Senate recount in 2008, the net swing from the original results to the recount results was 450 votes with an additional 87 votes gained in the election contest.  The closest of the three races going to recount is 511.   While other recounts have resulted in bigger swings, they were in races with bigger margins and Minnesota remains the largest swing that changed the results of a race.

The significance of the Senate race is not quite as big as it was in 2021 due to the Republicans apparently taking the House (but the Republican’s inability to reach a consensus on the next Speaker will be the subject of a future post) and the fact that the Democrats already have 50 seats.  But the result still matters for five key reasons.

First, the additional seat will alter the composition of committees.  With a 50-50 Senate, the committees are evenly divided.  While the rules currently allow a bill or nomination to proceed to the Senate floor on a tie vote, a 51-49 Senate would result in the Democrats having a majority on the committees. Continue Reading...

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Where Things Stand

Four days after election day and we are waiting for results in the states with lots of mail-in ballots and the states that have ranked choice voting.    The Democrats seem to be holding their own in the Senate and Governor’s races — so far gaining one Senate seat (Pennsylvania) and a net of one Governor’s mansion (picking up Maryland and Massachusetts as expected and losing Nevada which was the most vulnerable seat).  Several potential Senate gains fell short — especially Wisconsin and North Carolina.   While votes outstanding in Nevada, it looks like that will be a hold given where those votes are.  That will make the Georgia runoff (which was expected) about the margin in the Senate rather than control.

As expected, we had a rough night/days in Florida and New York.  In Florida, the lines performed as the Republicans hoped — giving them four new seats and costing the Democrats three seats.   In New York, the new lines also worked as expected to give Republicans more seats.  The current numbers are 15-10 with Republicans leading in the last outstanding seat.  If they hold the Twenty-second, that would give them a sweep of the lean Republican/toss-up seats and a gain of thee with a loss of three for the Democrats.  In short, Florida plus New York combined gave Republicans a gain of six or seven seats.   Likewise, the new lines in Georgia flipped one seat to the Republicans.   Thus, three states represent half of the Republican gains to date.  In Virginia, Republican gains were kept to one seat — the one that was seen as most likely to flip going into the election.

Ohio and North Carolina, however, were good states for the Democrats at least at the House level.  Ohio was the opposite of New York with all of the tossups going to the Democrats for a gain of one seat (and a loss of two for the Republicans).  Likewise, the Democrats took the toss-up in North Carolina which, when combined with the new lines, gave the Demcocrats a gain of two (and a loss of one for the Republicans).  In short, these maps netted a plus three for the Democrats.   Similarly, the new maps in Illinois led to a gain of one for the Democrats and a loss of two for the Republicans. Continue Reading...

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The Midterms-Preview (Part 5)

Finally, we reach the end of the evening.  Five hours after the first polls closed in Kentucky and Indiana, we reach 10 p.m. Central ST.  At this time the last polls close in North Dakota and Idaho (covered in part 4).  Likewise, the remainder of the polls (representing the vast majority of the state) close in Oregon.  And, even though both states have a significant number of mail-in votes (as is true for several of the western states discussed in earlier posts), the polls will close in California and Washington.

I’ll start with Washington.  Washington has a top two primary (as does California).  Unlike Califronia, all of the races feature a Democrat against a Republican.  While there are some polls showing a potentially competitive race for Senate, I’m just not seeing it.  Washington is too blue in recent years.  Even in a red wave, Senator Patty Murray should win.  Most of the polls making this state seem close come from polls sponsored by Republican-affiliated groups.  While they may end up being right, even they are merely showing a close race.  The current split in the House is seven Democrats and three Republicans.  There are three seats that could flip.   The Third District is currently held by the Republicans, but, in the primay, the incumbent representative barely finished in third after having the integrity to vote to impeach President Trump.  Whether moderate Republicans will vote for the Democrat in the general and flip this seat — for the next two years to the Democrats — is the big question.  In a red wave, the Republicans have a chance at taking the Eighth District and the Tenth District.  The Tenth District (basically a swatch southwest of Seattle from Tacoma to Olympia) is more likely to stay Democratic.  The Eighth District (an exurban/rural district to the east of Seattle) looks more like a swing district, but Democrats are still favored.  Because of mail-in ballots, it typically takes several days to figure out who wins close races.

Moving south to Oregon, the big race is for Governor.  And it’s a classic argument for ranked-choice voting.  Business interests have pushed a moderate Democrat to run as an independent, and this candidate may take just enough votes to allow the Republicans to win by a narrow plurality.  The race is a pure toss-up.   Senator Ron Wyden is solidly favored to be reelected which might just have enough coattails to allow the Democrat to win the open race for governor.  In the House, the current split is four Democrats to one Republican with one new seat.  In the Fifth District, the Democratic incumbent lost in the primary to a progressive challenger.  There is a risk that the progressive nominee is too progressive for the district which runs from the suburbs of Portland into a rural part of the state to the south and east of Portland.  The Sixth District is the “new” district and is a little bit geographically smaller than the Fifth, but like the Fifth it runs from the immediate suburbs of Portland into the rural areas to the south and west of Portland.    The Republicans also have outside chances in the Fourth District, an open seat, which runs along the Pacific Coast in the area to the south and west of the Fifth and Sixth.  If the Democrats get all three of the seats, they could potentially keep the House.  In a red wave, the Republicans could gain all three seats. Continue Reading...

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The Midterms-Preview (Part 4)

By 9 p.m. Central ST, we will be getting some results from the early states which will give us some idea of how the night is going with a strong emphasis on the some.  As noted in Part 1 of this series, every state treats the counting of mail-in votes.  In some states, like Missouri and Texas, mail-in votes are likely to be the first results reported.  In other states, like Michigan, those votes are likely to reported after the election day results.  And for election day results, precinct sizes (more importantly the number of voters per election judge) and other factors have historically resulted in longer lines at closing time in urban area.  When combined with the number of precincts in urban areas, in early states, rural areas are likely to report a greater share of their results in the first couple of hours.  Both of these factors distort the conclusiveness of early vote counts (which is why the best analysts start looking at what vote is still outstanding — both where that vote is and the total number of votes — in forecasting whether it is possible to call the race).    But by this time of the evening, there is some hint at the level of turnout in the areas that tend to vote Democratic and the areas that vote Republican and which way swing areas are swinging.

In turn, this information gives us some idea of the accuracy of pre-election polls.   In viewing pre-election polls, there are three things to remember.  First, in viewing them, you should focus on two things — margins and the size of the “undecided” voters.  In every poll, there will be some undecided voters (and, because voters tend not to want to waste votes, the supporters of third-party candidates should be treated as undecided as a significant share of them will move to one of the two major candidates by election day).  Because undecided voters will not split 50-50, a large pool of undecided voters makes the margin less reliable.  An eight percent lead with ten percent undecided is more likely to hold than a twelve percent lead with twenty percent undecided.  On the other hand, it is likely that both candidates will pick up some undecideds.  So both candidates are likely to end up with something higher than their last poll number.  Second, in looking at the margin, every poll has a margin of error (typically between three percent and four percent).  That margin of error applies to each candidate.   Which means, in theory, that even a well-constructed poll can be off on the margin by six or seven percent..  Part of the error is that every pollster has their model on who is likely to vote and how to weight responders to overcome response bias.  Some years the actual pool of voters is bluer than the model shows and in other years the actual pool of voters is redder than the model shows.  Finally, a poll is a snapshot in time.  Events occurring after the poll is taken will move a small percentage of voters (both undecided voters and voters who were tentatively supporting a candidate).  In short, it is highly probable that the polls will be off by some margin.  And while the direction and size of the error will not be uniform nationally, the early returns can give an idea of the direction and size of the error.

As things stand four days out, the polls seem to be indicating a red ripple which will switch a narrow Democratic majority in the House to a narrow Republican majority in the House.  The Senate could go either way and the hold of state offices could swing either way as well. Continue Reading...

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The Midterms — Preview (Part 3)

By the time that polls close in Arkansas at 7:30 p.m. Central ST, we should be starting to get votes from the early states, but most of the key races will still be classified as “too early to call.”  Arkansas has become so red over the past two decades that none of the races are likely to be close.  The big races will be the ballot issue.  From the right is a proposition to require supermajorities for propositions in future elections and a provision enshrining a version of the Religious Freedom Restoration Act in the Arkansas Constitution.  As we have seen at the federal level, this Free Exercise Clause on steroids will cause significant problems in Arkansas as everything will become somebody’s religious belief.  Arkansas will also vote on legalizing marijuana.

At 8:00 p.m. CST, polls will close in the remaining parts of Kansas, Michigan, South Dakota, and Texas (with those races covered in Part 2 of the preview).    Polls will close for the entire state in Arizona, Colorado, Iowa, Louisiana, Minnesota, Nebraska, New Mexico, New York, Wisconsin, and Wyoming.

Arizona will feature several key races.  At the state office level, Governor, Attorney General, and Secretary of State are all open seats.  The Republicans have nominated Trumpist candidates for these positions who refuse to commit to recognizing the election results in 2024.   Particularly for governor, they have nominated a media celebrity who is not qualified.  But these races are currently too close to call.  For Senate, the Republicans have also nominated an extremist.  It looks like Senator Mark Kelly will hold onto the seat, but the seat is probably the third most likely pickup for the Republicans after Nevada and Georgia.   If the Republicans have a good night, that seat could flip. Continue Reading...

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The Midterms — Preview (Part 2)

The first states with polls to close are mostly in the Eastern Time Zone.  In the early states, we have two governor’s races (Georgia and Florida), four Senate races (Florida, Georgia, North Carolina, and Ohio), and seven House seats (1 in North Carolina, 3 in Ohio, and 3 in Virginia) that could be close.  There are also several seats that are likely to flip solely because of the new maps (4 flipping red in Florida, 1 flipping red in Georgia, and 2 flipping blue in North Carolina).

But the big closing time is 7 p.m. Central ST.  The remaining polls will close in Florida, and most of the polls will close in Kansas, Michigan, South Dakota, and Texas.  And all of the polls will close in Alabama (except for a very small portion that closed an hour earlier), Connecticut, Delaware, D.C., Illinois, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, and Tennessee.  In short, when added to the states that close before 7 p.m., the polls will be closed in roughly half of the country by 7:01 p.m. (Of course, polls closed merely means that individuals need to be in line to vote at 7 p.m.  Because there are typically people in line to vote, voting might actually continue in some urban precincts for a very long time after 7 p.m. which will delay counting in those areas.)

Starting with Alabama, there are no races that are likely to be close at the state or federal level.  If the Supreme Court follows the Voting Rights Act, Democrats will probably pick up an additional seat in 2024, but the current maps which a district court correctly held violated the Voting Rights Act is in place for the 2022 election, and the 6-1 Republican advantage will remain in place for the next Congress.  There are a lot of propositions on the ballot in Alabama, the most significant of which requires changes to election law to be adopted at least six months prior to a general election. Continue Reading...

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The Midterms — Preview (Part 1)

We are into the home stretch of the campaign.  This election comes down to those who want to protect women’s rights, LGBQT rights, our democracy, the middle class, and the safety of our streets on one side against those who want to undermine the concept of free and fair elections and impose an authoritarian theocracy on the other side.  The midterm elections are more like parliamentary elections in other countries.  There is no national race and winning is about the results of multiple state and local races.

As in 2020, there is expected to be a large number of votes by mail.  Some states have changed their laws to allow counting of mail-in ballots to start earlier, but some still require the process of verifying and counting mail-in ballots to begin on election day.  So there will be some states in which the Republican candidate will take an early lead based on the in-person votes, but the Democrat candidate will close that gap (and potentially take the lead) as the mail-in votes are counted.  On the other hand, in states that announce mail-in and early voting results first, the opposite will occur.

These previews will go in the order of poll closing times.  In states that are in two time zones, some states will release results as polls close.  Others will hold off on releasing results until all polls close.  If I know that a state holds off until all polls close, I will put the state in the time when the last polls close.  Otherwise, I will put the state in when the majority of the polls close.  I will list the time by Central Standard Time as that is my time zone.  For ease of conversion, CST is UTC +8 (i.e. it is 8 p.m. UTC when it is noon CST), Atlantic ST +2 (2 p.m AtST for noon CST), Eastern ST +1 (1 p.m. EST for noon CST),  Mountain ST -1 (MST 11:00 a.m. for noon CST), Pacific ST -2 (PST 10 a.m. for noon CST), Alaska ST -3 (9 a.m. AkSt for noon CST) and Hawaiian ST -4 (8:00 a.m. HST for noon CST). Continue Reading...

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The Fall Campaign

Traditionally, Labor Day Weekend was seen as the start of the Fall campaign (at least by the media).  If that was ever true, it no longer is.  With cable and websites like Facebook and Youtube, there are a lot of relatively inexpensive way to get advertisements out during July and August.  If a campaign waits unti September to begin its ad campaign, the other side has already defined the race.

But, by this point in the cycle, we are down to the last handful of primaries, and the national committees and big PACS are already looking to decide where they are going to be spending the big bucks in late September and early October.  (As the change in the mechanism for advertising has obliterated Labor Day as the start of the fall campaign, the change in voting habits (with a significant percentage casting early votes or mail-in ballots) has also altered when the big final push begins.  While, in a close race, last minute news and ads can make a difference, it is just as important to get as many votes locked in as early as possible so that the last-minute spending can be focused on a tiny number of votes.

But that is the inside baseball stuff of campaigns.  The purpose of this post is to set the stage for the next eight weeks.  For the past two years, Democrats have had the frustration of a very narrow margin in the House of Representatives and a dead-even Senate.  Because Nancy Pelosi may be one of the all-time great Speakers, Democrats have been mostly able to pass things in the House.  The Senate, however, has been very, very difficult.  The filibuster rules has limited the Democrats to passing anything significant via the reconciliation process.  Even the reconciliation process requires keeping the entire Democratic caucus together which has proven difficult as a single member can insist on changes to any proposal.  And the  lack of a majority has also prevented any changes to the filibuster rule (again due to the ability a single Democrat to veto any proposed change). Continue Reading...

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2022 Primary Season Part 2

Tuesday marks the unofficial start of the second part of primary season.  Problems caused by redistricting have altered the normal calendar. with many states going out of their usual order.  Normally, there is a good break between the Spring primaries (typically ending by mid-June) and the Summer primaries (typically starting in early August).

Maryland which starts off the Summer primaries this week is a good example of that.  It was supposed to be at the tail end of the Spring primaries.  Instead, it got moved back three weeks.  It and the postponed state runoffs in North Carolina the following week are serving as a bridge between what is typically a five to six week break between the two halves.

The regularly scheduled primaries start the following week with Arizona, Kansas, Michigan, Missouri, and Washington on Tuesday (August 2) and Tennessee on Thursday (August 4).  Arizona, Michigan, and Missouri all have races on their ballots which are best described as total chaos on the Republican side.  Michigan may be in the worst shape as several of their strongest candidates for Governor failed to make the ballot leaving a real clown car of a race.  The results from these three states will help frame the big question on the Republican side for this fall — how off the rails full on Trumpist will the Republican candidates be this fall.  The Democrats in same of these early states have our typical establishment vs. the Squad vs. Bernie Sanders vs. working class populism battles.  That struggle will also help define what the issues will be in the fall. Continue Reading...

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