Tag Archives: Pennsylvania

Remaining Races and Recounts

Votes are still being counted, particularly out west where mail-in ballots are the predominate form of voting.  But we are down to a handful of races that are still too close to call.

There are three things to consider at this point.  The first is how many ballots remain to be processed and where those ballots are.  The second is that Alaska uses ranked-choice voting.  While the U.S. does not have much experience with ranked-choice voting, Australia does.  The Australian experience has taught us is that second and third choices tend to be for the candidate closest to the first choice but there will be some drop off and a minority will go to the “non-similar” candidate.  As such, it is hard for a trailing candidate to close the gap much, and the trailing candidate usually wins only if the original margin is small, there are a significant number of votes for the “also-ran” candidates.  Third, the vote counting machines are very accurate.  There will be some voter errors that are only caught by visual inspection, but recounts rarely change the final count by much.  Closing a 1,000 vote margin in a recount is almost impossible.

Turning to what is still outstanding, depending on the media site that you use, the only outstanding Senate race is Pennsylvania.  The real issue in Pennsylvania is provisional ballots.  The current margin is 18,000.  Senator Bob Casey is receiving about 60% of the vote from provisional ballots so far, and most of the remaining provisional ballots are in areas that favor Senator Casey.  There will be a recount, but, as noted above, it is unlikely that the recount will change the vote total by more than 1,000.  Senator Casey’s chances depend entirely on how many additional provisional ballots are counted. Continue Reading...

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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 Two — Prime Time Hour One (8:00 to 8:59 p.m. Eastern)

While there are some significant states that close before 8:00 p.m. Eastern, that time marks when election coverage truly kicks off.  Aside from the realities of the broadcast networks that as for two basic reasons.  First, as discussed last weekend, vote counting is slow.  Since people in line when the polls “close” can still vote, it takes some time to actually shut down a polling place (both in getting the last people processed and out and in the procedures to secure the election materials after the polling place closes).  And then the counting usually have to be transported to some central location for the local election authority.  Thus, the first hour of returns tend to be the results of early voting and absentee ballots (in those states which release those separately from the election day returns) and a handful of smaller counties.  It is only in the second and third hour of counting that you start getting the rest of the smaller counties and the first returns from the really big counties.  Second, not every state closes at 7:00 p.m., local time, and a good chunk of the states are not in the Eastern time zone.  Only two states (Indiana and Kentucky) close at 6:00 p.m. local time.   While 7:00 p.m. is one of the more popular local times to close, only nineteen states close then (and only five of those are in the Eastern time zone).  Four states (Arkansas, North Carolina, Ohio, and West Virginia) close at 7:30 p.m. local time.    The most popular poll closing time is actually 8:00 p.m. when twenty-two jurisdictions close their polls.  You have two states (Tennessee and Nebraska) which despite being split in two time zones have opted to have all the polls close at the same real time (meaning in the eastern part of the state, the polls close at 8:00 p.m. local time while in the western part of the state, the polls close at 7:00 p.m. local time).  Lastly, two states (New York and North Dakota) close at 9:00 p.m. local time.

So when 8:00 p.m. Eastern time rolls around, you have polls closing in the ten jurisdictions wholly in the Eastern time zone that close at 8:00 local time.  You also have the polls in the western part of Florda closing at what is 7:00 p.m. local time in that part of Florida to finish out Florida.  You have the polls closing at 8:00 p.m. local time in the part of Michigan in the Eastern time zone (all but the Western part of the Upper Peninsula), You have the polls closing simultaneously at either 8:00 p.m. local time or 7:00 p.m. local time in Tennessee.  You have all of the polls closing at 7:00 p.m. local time in Alabama, Illinois, Mississippi, Missouri, and Oklahoma.  And you have polls closing at 7:00 p.m. local time in the eastern parts of Kansas, South Dakota, and Texas.  Of those last three states, only South Dakota is roughly evenly divided geographically between Central and Mountain time and only tiny slivers of Kansas and Texas are in the Mountain time zone.  In short, you go from approximately ten jurisdictions being closed, to the majority of almost thirty jurisdictions being closed.  For all intents and purposes, election night starts at 8:00 p.m. Eastern.

As the hour starts, we should have already had some expected projections from the early states.  And the early news is more likely to be bad news than good news, but it is expected bad news that should not cause people to panic.  Barring a miracle, by 8:00 p.m. Eastern, the networks and the AP will have projected Donald Trump the winner in Indiana, Kentucky, South Carolina, and West Virginia.  They will also have projected the Republicans as winning two Senate seats (Indiana and West Virginia) to one for the Democrats (Vermont) for a gain of one although it is possible that the Virginia Senate seat might also be projected before 8:00 p.m.  And most of the early House seats projected will be Republican with a couple of seats gained in North Carolina. Continue Reading...

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November 2023 Elections

In the U.S., in something that would be a surprise to the Franers, the presidential election has become the “main” election.  Turnout is always highest for the presidential election.  But that is not the only only election, and other elections can be even more important.  To save money, most states have their statewide elections coincide with federal elections (either the presidential election or the mid-term election).  But a handful of states have taken a different approach and hold their elections in odd-numbered years.  In addition, many states (while holding the elections for state offices at the same time as federal election in even-numbered years) hold local elections in the odd-numbered years.  And most states, even if November in odd-numbered years is not a “regular” election date keep it available as a potential election date for special elections and propositions.   This year, the November election will feature several big races.

At the state-wide office level, Louisiana, Mississippi, and Kentucky hold their elections for governor in the year immediately proceeding the presidential election.  Louisiana is a little different because it holds a “jungle primary” which is actually an open general election (i.e. no party primaries) with a runoff if nobody gets 50%.  This “primary” election was several weeks ago, and the Republicans picked up the governor’s office in Louisiana.  Given that Louisiana is a deep red state, this pickup was not too surprising as it takes the right Democrat to have a chance at winning and the incumbent Democrat was term limited.  The new governor is a right wing extremist, and we will probably be hearing a lot of nonsense out of the Pelican State for the next eight years.

But the races for Governor in Kentucky and Mississippi will be on Tuesday.  (At least the initial vote will be on Tuesday as Mississippi has a runoff provision if nobody gets to 50%.)  The governor in Kentucky is a Democrat and the governor in Mississippi is a Republican.  Both are favored to be reelected but the challengers in both states have chances at pulling an upset.  In Kentucky, the challengers big advantage is that he is a Republican.  But the Republican candidate has been a controversial figure as Attorney General, and the Democratic incumbent is popular which might be just enough to hold onto the office.  In Mississippi, the Governor has gotten entangled in some scandals and the challenger happens to be a member of a famous family even if that fame was over 50 years ago.  But Mississippi is still a deep red state.  In short, the most likely outcome is that there will be no changes, but it is also possible that either or both states 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 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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Supreme Court Update

The last week was both busy and quiet on the Supreme Court front.  The Supreme Court handed down eleven decisions reducing the number of pending cases to eighteen with two weeks to go.  Only two of the cases were medium big, and the really big cases will be decided in the last two weeks.  With the Juneteenth holiday, the Supreme Court will be releasing opinions tomorrow (Tuesday) and Thursday.  For the last week of June, Monday will be an opinion day.  Depending on how many opinions are left after June 27, there will probably be additional opinions on June 29 and, maybe, June 30.  Expect Dodds and New York State Rifle to come the week of June 27.

This week, the two big decisions were in American Hospital Association v. Becerra and Arizona v. City and County of San Francisco.  Both of these are bigger for what they did not say than for what they actually held.

American Hospital Association involves the rules for hospital reimbursements for Medicare.  For years, conservatives have been challenging a judge-made rule (Chevron deference) which dictates that courts should uphold reasonable rules implemented by administrative agencies based on a reasonable interpretation of statutes.  So far, the U.S. Supreme Court has not officially overruled Chevron.  Instead, they are whittling it away through decisions like American Hospital Association.  The courts are doing this by narrowing the field of what is a reasonable interpretation of statutes. 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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Redistricting — Pennsylvania

By the end of the process, redistricting in Pennsylvania may come down to which of two prior district maps is the baseline for the new maps.  Currently, the Republicans control the state legislature while there is a Democratic governor.  While I will leave it to those on the ground in Pennsylvania to discuss what the chances are for a compromise map, if the legislature is unable to pass a map that the governor will sign (as happened in 2018), the responsibility for drawing the new map will fall on the courts.

In drawing new maps, courts tend to use the existing map as a baseline.  Because Pennsylvania is losing a seat, there will need to be significant adjustments, but courts are likely to be somewhat neutral as far as which party benefits from the changes.  But the issue is which map is the starting point.  In 2011, when Republicans controlled everything, they drew a very partisan map.  The Pennsylvania courts struck down those maps on state law grounds in 2018.  The interim maps drawn by the courts are still in effect due to the failure of the legislature to come up with a new map.  Because the 2018 maps are more neutral, Democrats would benefit if the courts start with the 2018 maps.  For this reason, it would make sense for Democrats to file a preemptive case in state court.  Simply put, the state courts are more likely to start with the 2018 maps as the U.S. Supreme Court has held that, in drawing remedial maps, federal courts should start with the last legislatively drawn map and make only the changes needed to remedy the violations.

Besides the general issues of which district(s) will be split in two (or three) to balance out the rest of the state, there are two other matters which could impact the lines.  The first of these matters is the race for the U.S. Senate.  As of now, no member of Congress has entered the race for Senate.  There are a handful of House seats that are, at least on paper, swing seats.  The individuals holding those seats have the decision of whether they want to continue to have to fight every two years to hold those seats or if they want to take the chance at winning the Senate seat.  While a good incumbent can outperform their party in their district, the First, Seventh, Eighth, and Seventeenth are swing seats that slightly favor the Democrats by margins of 2.8% to 6.9% with Democrats currently holding three of the four seats.  Representative Brian Fitzgerald who somehow manages to hold the First District for the Republicans and Representative Matt Cartwright in the Eighth District and Representative Connor Lamb in the Seventeenth District for the Democrats all have to wonder how long their luck will continue to hold in redrawn districts.  And it would be much easier for those drawing the maps if they don’t have to choose which two incumbents to force into the same race. Continue Reading...

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Redistricting 2021 — The Numbers

On Monday, four days ahead of its latest target date and almost four months behind the statutory date, the Census Bureau released the national and state-level results from the Census including the apportionment numbers that determine how many representatives each get.  As can be expected, there are multiple different tables summarizing the data in different ways for us number geeks.

The bottom line table shows the apportionment population (both those living in the state and those residing overseas — like military personnel — who call that state home), the number of representatives that each state is getting, and the change in representation.   We will get back to the change in a minute, but the big level number is that the apportionment population is slightly over 331 million.  As such, the average size (mean) of each congressional district is just under 761 thousand.  Alaska, Vermont, and Wyoming have fewer people than the average congressional district.  While the apportionment formula does not work for calculating the population needed for the first representative, even Wyoming has enough population to be entitled to three-quarters of a representative.

If, D.C. and Puerto Rico were states, Puerto Rico would be just ahead of Utah (which has four representatives) and just behind Connecticut (which has five representatives) and D.C. would be between Vermont and Alaska.  Given that Puerto Rico is only slightly larger than Utah (which was not close to getting a fifth representative and far enough behind Connecticut, Puerto Rico would be due for four representatives.  If  both were states, the five states that would lose a representative would have been Oregon, Colorado, and Montana (all of which gained a seat), California (which lost a seat), and Minnesota (which barely avoided losing a seat).  The chart of priority values that allows us to consider the impact of adding Puerto Rico and D.C. also shows that Minnesota barely held onto its last seat and New York barely lost its seat.  Apparently, given the formula, Minnesota would have lost that seat if it had 24 fewer people, and New York would have kept its seat if it had 89 more people.  (The disparity in numbers is caused by the fact that the two states have different number of seats. Continue Reading...

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