Tag Archives: Arizona

Election Night Preview — Part Six (Post-Midnight Eastern)

Prior to Midnight, the polls will have closed in forty-eight states and the District of Columbia.  All that is left to close are Hawaii and Alaska.  Hawaii closes at midnight Eastern (7;00 p.m. local).  Polls close at 8:00 p.m. local time in Alaska.  For most of the state, that is midnight Eastern.  But the Aleutian Islands are in a separate time zone and will close at 1:00 a.m. Eastern.

In Hawaii, the first big chunk of returns will be the early votes, but those are not reported until all polling places have actually closed.  As such, it may be an hour or more before results are released.  The release of results will be a little bit slower than Alaska.

The biggest race out of these two states is the congressional seat for Alaska, currently held by Democrat Mary Peltola.  One factor that will delay a projection in this race is that Alaska uses ranked-choice voting.  The Republicans in Alaska have pretty well demonstrated that they do not know how to run a race with ranked choice voting.  Thus, rather than running two strong candidates and having the candidates encourage their supporters to rank the other candidate second, the Republicans have had their second candidate withdraw.  Not having two candidates attacking Representative Peltola is a strategic mistake.  But because the Republicans have cleared the field, it is unlikely that there will be many votes for the remaining candidates on the ballot.  A good rule of thumb for ranked choice voting is that a candidate who finishes in second on first preferences is unlikely to have a net gain more than 1% for every 2% of the vote that went to the eliminated candidates.  Representative Peltola received a majority of the vote in the primary, but that is now guarantee that she will get a majority of the first preference votes in the general election.  It is entirely possible that we will not know the winner until after all counts are voted and preferences are applied, but the history of ranked choice voting in Australia is that, in most races, there is a clear winner with a sufficiently large margin in first preferences that the second-placed candidate can’t realistically catch-up. Continue Reading...

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Election Night Preview — Part Three — Prime Time Hour Two (9:00 To 9:59 P.M. Eastern)

As the major networks into the second hour of coverage, the focus begins to move from exit polls to actual returns.  Counting the split states in their main time zone, polls have now closed in the overwhelming majority of states.  For the first group of states (the ten that closed before 8:00 p.m. Eastern), you now have a good chunk of the returns from rural counties and you will have most of them by the end of this hour).  For the second group of states (the twenty that closed between 8:00 p.m. and 8:59 p.m. Eastern), those returns are just starting to come in.  In both cases, the people doing the math are comparing those returns to the results from 2016 and 2020 to see what, if anything has changed (percentages, margins, turnout).  And while you tend to have good exit polls for the statewide races, many congressional districts need these early returns to confirm the anticipated results.

This hour will see the remaining polls close in Michigan, Kansas, South Dakota, and Texas.  We will also see the polls close in Nebraska, which like Tennessee in the previous hour, opts to close all polls at the same time even though the state has two time zones (so the eastern part of the state closes at 8:00 p.m. local time and the western part of the state closes at 9:00 p.m. local time).  You have the last of the Eastern Time Zone states, New York, close its polls at 9:00 p.m. local time.  You have four Central Time Zone states — Iowa, Louisiana, Minnesota, and most significantly Wisconsin — close at 8:00 p.m. local time along with the eastern half of North Dakota.  Finally, polls close at 7:00 p.m. local time in four states located in the Mountain Time Zone of which the most significant is Arizona but also includes Colorado, New Mexico, and Wyoming.  At the end of this hour, we will only be waiting on polls to close in ten states.

Arizona is one of the two big states closing this hour.  While the easiest way for Kamala Harris to win the election is by sweeping the northern blue belt states (Michigan, Pennsylvania, and Wisconsin), winning in Arizona would allow Vice-President Harris to win if she loses Wisconsin.  At the Senate level, the unpredictable Kyrsten Sinema read the writing on the wall and decided to call it at one term.  Representative Ruben Gallego is favored to keep the Senate seat in Democratic hands but chief election denier Kari Lake will make it closer than it should be and will fight in court for the next three years if she does not win.  The Democrats are favored to keep the three seats that they currently hold in the House, but have fighting chances in three of the six seats held by Republicans.  The first district is a toss-up district (R+1) in which the Democrats have a well-funded challenger.  But we have seen this story before and Representative David Schweikert always seems to find a way to survive.  The second district is a little more of a longshot as it is a lean Republican district (R+6).   While the Democratic candidate has enough funding to run a strong campaign, unlike the first district, Republican Eli Crane has more money than his opponent.  The second is only likely to fall in a Democratic wave.  The last close district in Arizona in the sixth district.  Representative Juan Ciscomani narrowly won in 2022 and is facing a rematch this year.  The fundraising total for both candidates is approximately even. Continue Reading...

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Arizona and Tennessee Primaries

After several weeks with no voting (other than a special election in New Jersey and some elections overseas), the primary season starts back up again on Tuesday with the Arizona primary followed by Tennessee on Thursday.

In Arizona, the key race is the Republican Primary featuring 100% insane Kari Lake against 90% insane Mark Lamb.  Despite the fact that Kari Lake has more that won out her welcome with swing voters, the Republican “establishment” seems to have unified behind her.  It’s been some time since there have been polls released in the race.  The last polls had Ms. Lake just short of 50% with a third candidate also on the race.  There were still enough undecideds that Sheriff Lamb could eek out the win, but most likely Ms. Lake will be the nominee.  And that is good news for the Democrats as Ms. Lake will spend half her time whining about how the 2022 governor’s race was “stolen” and how McCain Republicans are RINOs who need to get out of the party.  Those two tendencies will hurt both her and Donald Trump (who has the same tendencies except for substituting 2020 for 2022).

Moving to the Congressional elections, the First District (the northeastern suburbs of Phoenix is a swing district.  The incumbent Republican has token opposition, but the Democratic primary has six candidates, five of whom have raised over $1 million for the primary.  Not surprisingly, the latest polling shows nobody over 20% with one-third of the voters still undecided.  Basically, anybody could win the primary. Continue Reading...

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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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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 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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The Supreme Court and Elections — Post 2020 Editions

This past argument session (the February Session) saw the last gasps of the 2020 election.  There were three very different issues on the table:  1) the Trump attempts to overturn the election for alleged failure to follow election procedures: 2) the role of state legislatures, state election officials, state courts, and federal courts in setting the rules for election; and 3) the Voting Rights Act.

On the first issue, there are apparently two cases still pending at the U.S. Supreme Court — one a Wisconsin case that will likely be turned down on the March 8 order list and the other will not be considered until later (either the March 19 or March 26 conference).  The second one is a Pennsylvania case involving the issue discussed below.  Assuming that the Wisconsin case is denied, the Supreme Court will have denied Trump’s requests for review in all of the cases involving alleged fraud in the election over the past several weeks.

The second issue is likely to arise again.  Article I, Section 4, Clause 1 gives the primary authority to set the “times, places, and manner” of congressional elections to the “legislature” of each state subject to the ability of Congress to also legislate on these issues.  Similarly, Article II, Section 1, Clause 1 gives the power to direct the “manner” of choosing electors to the “legislature” of each state.  In recent years, there has been a significant amount of litigation involving these clauses.  There are two key legal questions:  1) what is the scope of “manner”; and 2) what is the “legislature.” Continue Reading...

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2022 Elections — A First Glance

The 2020 elections left both the House and the Senate closely divided.  And two years is a long time in politics.  But experience has taught politicians two, somewhat contradictory, things that will impact what can get done during the next two years.

The first, especially for the House of Representatives, is that the President’s party typically loses seats.  But the reason for this normal rule is that a new President has typically helped members of his party to flip seats.  As such, this might be less true for 2022 than in the past.  In 2020, the Democrats only won three new seats, and two were the results of North Carolina having to fix its extreme gerrymander.  And only a handful of Democratic incumbents won close races.  And the rule is less consistent for the Senate, in large part because the Senators up for election are not the ones who ran with the President in the most recent election but the ones who ran with the prior president six years earlier.  In other words, the President’s party tends to be more vulnerable in the Senate in the midterms of the second term than in the midterms of the first term.  But the likelihood that the President’s party will lose seats is an incentive to do as much as possible during the first two years.

The second is that one cause of the swing may be overreach — that voters are trying to check a President who is going further than the voters actually wanted.  This theory assumes that there are enough swing voters who really want centrist policies and that they switch sides frequently to keep either party from passing more “extreme” policies.  Polls do not really support this theory and there is an argument that, at least part of the mid-term problem, could be the failure to follow through on all of the promises leading to less enthusiasm with the base.  But this theory is a reason for taking things slowly and focusing on immediate necessities first and putting the “wish list” on hold until after the mid-terms. Continue Reading...

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Electoral College

One of the often misunderstood aspects of U.S. elections is how the popular vote relates to the election of the President.  While, in the majority of the states, the ballot simply lists the candidates for President (along with the Vice-Presidential running mate), voters are effectively voting for a slate of electors.  The winning slate in each state then assembles on the first Monday after the second Wednesday in December at the location and time designated by that state.  After assembling, the electors for the state cast a vote for President and a vote for Vice-President.  The votes are then counted, and the electors complete six certificates of vote recording the votes of the electors for that state.  Each certificate of vote is paired with one of the previously completed certificates of ascertainment.  Federal law then directs what happens with the six certificates of vote with one going to the President of the Senate (in practice, the clerk of the Senate), two to the national archives, two to the secretary of state of the individual state, and one to the federal district court for that state.

Normally, the meeting of the electoral college is a big ceremonial event.  With Covid-19 and the potential for protests to get out of control, it appears that most of the states are planning on holding scaled-down events.

The fringe element of Trump supporters (and President Putin) are hoping for some last minute drama for Monday, but that is practically impossible for several reasons.  First, earlier this year, the U.S. Supreme Court upheld state laws requiring electors to vote for the presidential candidate to whom they are pledged.  While states have different laws on so-called faithless electors,  the net effect of those laws is that sixty-nine Biden electors are from states that replace an elector and cancel the electors vote if the elector fails to follow through on their pledge, sixty are from states that fine the elector, seventy-one are from states with pledges but no enforcement provision, and one hundred six are from states with no law on this issue.  That means that, at most, there are 237 Biden electors who could defect. Continue Reading...

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A recount primer

We are now moving into the universe where aside from spinning fictional conspiracy theory, Donald Trump is, for all practical purposes, down to recounts to keep his slim hopes of avoiding an orange jump suit alive.

As with everything else about this election that we have talked about over the past three weeks, the basic rules for recounts are set by state law.  So looking at the states in which Trump is most likely to ask for a recount, here are the rules.

Arizona — In Arizona, the margin must be less than 0.1%.   Any such recount is automatic, and a candidate is not able to request a recount.  Assuming a final vote total of slightly under 4 million votes, the margin would have to slip under 4,000 to have a recount.  Apparently, in Arizona, the recount is done by rerunning the ballots through counting machines. Continue Reading...

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