Category Archives: Senate

That Senator From Arizona

Just as Democrats were celebrating victory in Georgia, Senator Krysten Sinema from Arizona kicked off the 2024 election season by announcing that she was switching her registration from Democrat to Independent (or to use the Arizona terminology “Party Not Designated”).  With nothing else to talk about, barring any major developments in the lame duck session, here are my two cents on what is going on.

First, this decision will not change much in the U.S. Senate.  An old state representative from my area used to say that the most important vote that a representative cast was their vote for speaker on the first day of the session.  The party that won that vote would control the committees and the floor of the House (and, with them, would determine which bills would come up for a vote).  Similarly, for the Senate, that initial vote in January on the organization of the Senate is a big deal.  And Senator Sinema appears to still be intending to caucus with the Democrats and will support an organizational plan that reflects a 51-49 Democratic majority.  And, whether she is technically Senator Sinema (I-AZ) or Senator Sinema (D-AZ), her vote on individual bills is unlikely to change.  (And both due to the filibuster and the Republican majority in the House, the only thing getting through the next Congress will be consensus bills on which her vote will not matter.)

Second, one of Senator Sinema’s alleged reasons for the switch is that she is upset that the party leadership did not do more to protect her from pressure form progressives.  If that is true, Senator Sinema is too thin-skinned to be in the Senate.  The job of activists is to get the legislation that they want passed.  They are going to try to convince “friendly” or “persuadable” Senators to support that bill by any means available.  I’ve worked most of my adult life in various government offices.  Even though our decisions are not political (policy is made at other levels and we just apply it to individual cases), the electeds who I have served regularly get blowback over those decisions based on incomplete reporting of the facts.   To paraphrase President Truman, if you can’t stand the heat, get out of politics. 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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Missouri Senate Primary 2022

We are about five weeks out from the August 2 primary in Missouri.  With Roy Blunt deciding that it is time to move on, there are multiple candidates in both party’s primary.  While Missouri has been gradually moving to the right, there is a chance that Democrats could pull out a win, but a lot depends on what happens on August 2.

To some degree, the Republican primary in Missouri is an echo of what we have seen in Ohio and Pennsylvania.  With a large number of candidates and no clear favorite, we are looking at the potential for a very close race which in turn means that Donald Trump could very easily impact the result by putting his thumb on the scale (as opposed to the recent primary in Alabama where Trump had little noticeable impact on the race when he first endorsed Mo Brooks, less impact when he rescinded that endorsement, and no impact when he decided to endorse Kate Britt at the last second to get a cheap win for his endorsement scorecard).

There are twenty-one people running for the Republican nomination.  For the purposes of the Trump endorsement race, there are three groups of candidates:  the field, the chase pack, and the lead pack.  The field consists of fifteen candidates with no state-wide name recognition and no significant resources.  Each of these candidates would be lucky to get 2-3% of the vote.  But each vote for the field is a vote that is not going to the top six candidates. Continue Reading...

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The 2022 Elections: Revenge of the Trumpists

We are on the eve of the start of the first big segment of the primary season for the 2022 election.  Texas had its primary back in March, but primary season really starts this Tuesday with primaries in Ohio and and Indiana.

Including the Texas run-off, there are primaries or run=offs set for every week between now and June 28 other than the week of Memorial Day.  During that period, a grand total of thirty states will have primaries or run-offs (with some having both).  There is normally a longer breaker between the Spring primaries and the late Summer/early fall round of primaries.  But due to postponed election dates, Maryland will have its primary in mid-July and North Carolina will have its run-off on July 5 or July 26, depending on the offices which require a run-off.  Phase two of the primary season begins on August 2 and runs through September 13.

Mid-term elections are tough for the party in power.   The public always want the big problems solved instantly.  And big problems are typically years in the making and will require years to solve.  Making things worse, the party that wins an election always tries to pass what their primary voters want (which is not the same as what general election voters want) but ends up with in-fighting between the various factions of the party.  It has been a long time since any party has won by a big enough margin to be able to pass legislation despite those differences. Continue Reading...

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Elections Have Consequences — Biden Agenda Edition

It is a phrase that we repeatedly hear — typically by the majority as a justification for the unjustifiable, but elections do have consequences.  But it’s not just who wins, but how they win.  In many parliamentary countries, there is another common phrase a “working majority.”  And the basic concept is that it is rarely enough to win by one or two seats.  When you have a one or two seat majority, it only takes one or two members deciding to walk to cost the government the majority.  And that’s in a parliamentary system where members risk forcing a new election if they defect from the government to the minority.  In the United States, there is no threat of an immediate new election hanging over members’ heads to encourage the majority to stick together.  As a result, the margin required for a working majority is somewhat larger in the U.S.

And that’s the problem that the current Democratic majority is facing.  Currently, the Democrats have a 220-212 majority in the House (which will go up to 222-213 in January when all of the vacancies are filled).  That means a mere four (now or five in January) defections means that nothing can pass.  In the Senate, the Democrats do not have an actual majority.  Even including the two independents who normally vote with the Democrats, the Senate is a 50-50 tie.  Given the Senate filibuster rules, a 50-50 Senate can only pass reconciliation bills or confirm nominees, and even that requires all fifty members of the caucus to stick together at which point the Vice-President can break a tie.

The current mess on reconciliation and election reform is the result of the lack of a working majority.  Needing every vote in the Senate requires getting the agreement of every Senator.  Thus, each Senator can insist on concessions from the rest of the party.  (It is a little harder in the House, but a group of five or more members have the same leverage).  And to be clear, the leverage is not equal.  When you need every vote, the ones who want to do less have a negotiating advantage over those who want to do more.  The reality is that something is almost always better than nothing.  So the  “moderates” can tell the “progressives” that we are willing to vote for some increased funding for child care and clean energy and expanding Medicare but not for as much increased funding as you want, and the progressives have the option of accepting some funding for needed programs or not getting those programs at all.  The only real limit to the moderates leverage is that, when it comes to needing to cut funding, progressive can counter by trying to trade off programs that they want for programs that the moderates want that progressives do not see as particularly useful.  But that is very limited leverage.  Thus, at the end of the day, the current numbers give a lot of additional power to Senator Joe Manchin of West Virginia and Senator Krysten Sinema of (suppoesedly) Arizona.  (The supposedly is that Senator Manchin’s positions flow from the politics of West Virginia and it is unlikely that Democrats could elect a more progressive Senator from West Virginia.  Senator Sinema’s positions on the other hand do not flow from Arizona’s politics as her fellow Senator from Arizona, Mark Kelly, who actually has to run in 2022, is not blocking current proposals.) Continue Reading...

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