Tag Archives: Mark Kelly

And the Next Vice-President Is?

Democrats have had to act on a very compressed schedule recently.  This compressed schedule is caused by two things:  1) The sudden withdrawal of Joe Biden from the race on July 21; and 2) Ohio Republicans.

On the second issue, for almost five decades now, the tradition has been that, in almost every election cycle, the party in the White House has held their convention between August 15 and the week after Labor Day.  Despite this tradition, some states (including Ohio) have set a deadline for certifying the presidential and vice-presidential candidates before the end of August.  Despite this nominal deadline, in every cycle, these states (having made whatever point they intended to make) grant a waiver to any party holding their convention after the deadline.  This year, however, Ohio waited to long to enact a statutory waiver which creates an ambiguous situation.  Ohio’s new law will push the deadline to after the Democratic convention, but that new law does not take effect until September 1.   The current law, however, has a deadline of August 7.  So, if the Democrats wait until after the convention, their certification will be untimely under current law and then, maybe, become timely under the new law.  But that would require hoping for courts to do the right thing in interpreting the law, and, despite the guarantees to the contrary by Republican officials in Ohio, it is as certain as the sun rising in the morning that some Republican would challenge any “late certification.”

As a result, the Democrats have been acting as if August 7 is still the deadline in Ohio.  Thus, the virtual roll call for President will be concluded by 6 p.m. on August 6.  And Vice-President Harris has until just before the close of business on August 7 to name her vice-presidential nominee.  While  normally, we would expect to see this pick made on the eve of the convention (in other words around August 14-16), the pick has to be made within the next seventy-two hours. 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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The New Senate

Based on where things currently stand, it looks like when the new Senate convenes on January 3, the Republicans will have a 51-48 or 50-49 majority (depending upon the results in Alaska).  First, a word on why there will be only 99 Senators.

At this point, it looks like both races in Georgia are headed to a run-off on January 5.  Senator David Perdue’s current term ends on January 3.  As there will be no winner in that race, the seat will technically be vacant as of January 3.   Senator Kelly Loeffler, however, was appointed to fill a seat.  The term for that seat ends on January 3, 2023.  Under the Seventeenth Amendment, until there is a winner of that special election, she continues to hold that seat.  (For Arizona, that means that as soon as the result is certified, Mark Kelly replaces Sally McBride as the new Senator.  So, if there is a lame duck session in December, the margin will be 52-48 rather than the current 53-47.)

The big issue is whether anything will be able to get through the new Senate.  The real question is whether there is a moderate caucus that could try to leverage both parties against each other to make some real reform to allow the Senate to function.  On the Democratic side of the aisle, Senator Joe Manchin (Senator from Coal Country West Virginia) has to walk a very fine line if he wants any chance at re-election.  Likewise Senator Sinema and Senator-to-be Kelly from Arizona represent a marginally swing state as would potential Senator Osser and potential Senator Warnock from Georgia.   And Senator King from Maine seems to be a true independent.  So, there is a group of four to six in the Democratic caucus that are not going to want to move too fast and might be open to reforms to make the Senate a more “collegial” body. Continue Reading...

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August 4 Primaries — Arizona, Michigan, and Washington

As the calendar flips around to August, we are about to hit a rush of state and congressional primaries.  Some states (e.g., California, Texas, Pennsylvania, Illinois) hold their state and congressional primaries on the same day as the presidential primary.  Others (e.g., Florida) hold a separate presidential primary with the state and congressional primaries occurring later in the year.  And most of the states with separate primaries will hold them between August 1 and mid-September.  (In addition, there is the postponed Connecticut primary.)

Earlier this week, I discussed the  two states holding primaries on August 4 that I am most familiar with (Kansas and Missouri).  (And if I hear another ad attacking a hardcore pro-life Republican for saying something even slightly pro-choice fifteen years ago, I may get physically ill.)  The other three states holding primaries on August 4 are Arizona, Michigan, and Washington.

In Arizona, the biggest race is the special election for the remaining two years of the Senator John McCain’s term.  Mark Kelly is the only candidate on the ballot on the Democratic side.  It is likely that interim Senator Martha McSally will be the Republican nominee.  She does, however, have primary opposition.  Her opponent has some money, but not really enough to run a successful campaign.  So unless there is a lot of silent opposition to her among Arizona Republicans, she should win the primary.  (There was one poll that compared Kelly against both McSally and her primary opponent, and the primary opponent did a little bit better but not much better against Kelly.)  In 2018, the Democrats won 5 of the 9 congressional seats and none of the races was particularly close.  At this point, I am not hearing anything out of Arizona that points to any of the primaries being interesting. Continue Reading...

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