Tag Archives: special elections

A June to Remember/Fear?

There are times when, through the normal cycle, and discretionary decisions, events start to come in rapid procession.  June is shaping up to be one of those month between elections (both in the U.S. and abroad), the end of the Supreme Court term, and the matters currently on the plate of Congress.  We have already had the first major event of June — the decision by the Trump Administration to make America weaker by playing to his misinformed base on climate change and withdrawing from the Paris Accords.  It’s almost impossible to count the reasons why this decision is wrong,  here are a few:  1) the agreement was non-binding; 2) being a signator gave us a seat at the table in future discussions; 3) withdrawing makes China and the European Union more powerful; 4) state laws requiring an increasing percent of energy to come from renewal sources are still in effect and will contribute to the U.S. meeting its pledge anyway; 5) the federal courts have held that greenhouse gases are a pollutant requiring federal action under the Clean Air Act (even though the precise terms of the regulations to reduce greenhouse gases are not yet final) which means that we may have to meet or exceed the pledge anyway.

Moving to the Supreme Court, June is looking like immigration month.  May ended with a decision in the first of four immigration cases heard this term.  The case involved what types of sexual offenses against a child trigger deportation hearings for authorized immigrants (e.g., permanent residents).  The Supreme Court narrowly interpreted the statute, meaning that — for some sexual offenses (those that can be committed against a 16 or 17-year old — the first offense will not trigger deportation.  Two of the other three also directly or indirectly concern deportation.  In addition, with the lower courts having barred enforcement of the travel ban, the Trump Administration is asking the Supreme Court to stay those injunctions.  (The real issue is the enforcement of the restrictions on visas and entry.  It is likely that the Supreme Court will grant relief to some overbroad language in those bars that could be read as suggesting that the Trump Administration can’t begin work on revisions to the vetting process.)  There are 22 other cases to be decided this month, so immigration will not be the only big news this month.  And, even aside from the decisions in cases already argued, the Supreme Court will be deciding what cases to take next term and there are some potentially major issues that could be on the agenda for 2017-18.

Moving to U.S. elections, there are still three special elections — all of which will occur this month.  Two — in Georgia and South Carolina — involve vacancies created by the Trump cabinet appointment.  The other — California — arose from a vacancy created by filling the vacancy in the California Attorney General position created when the former AG won the U.S. Senate election last fall.  Because California uses a “jungle primary” (i.e.  one in which all candidates from all parties run in one primary with the top two advancing to the general election), we already know that the Democrats will keep this seat and the only question on Tuesday is which Democrat will be elected.  For the most part, both parties in choosing members of Congress to fill vacancies have followed the rule of only choosing people from “safe” seats.  As such, while the Democrats have so far — in the first round in California and in Montana and Kansas — run around 10% ahead of 2018, this success has not changed the winner of any seat.

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Special Elections — Kansas Edition

As I write this post, the results are coming in for the special election in the Fourth District of Kansas.  While the election has been close all night, it now appears that, by a very narrow majority, the Republicans will keep this seat.   This seat is the first of four special elections to fill vacancies in seats formally held by Republicans who are now serving in the Trump Administration.  (There is also a special election to fill a Democratic seat formerly held by the new Attorney General of California — who was appointed to that office after the previous A.G. won the U.S. Senate seat last fall.  The primary for that seat was held earlier and two Democrats advanced to the runoff.)

It is hard to tell whether this seat was close because of the unpopularity of Kansas Governor Sam Brownback — a stellar example of why the Freedom Caucus’s plan for government is a roadmap for a complete disaster — or the unpopularity of President Trump.  The Republican candidate is the current State Treasurer and as such is unable to avoid association with Governor Brownback’s reckless scheme to bankrupt Kansas.  And Donald Trump will probably claim that his assistance via a last minute robocall saved this seat.

The bigger question is what this close race means going forward.  In the last two elections, the Republicans won this seat by 30%.  This race looks like a final margin between 4-8%.  That type of swing if replicated across the country would lead to a Democratic majority in the next Congress.  In the shorter term, the question is whether this result can be replicated in next week’s special election in Georgia or the upcoming elections in May and June in South Carolina and Montana.  With the exception of the Georgia seat, even if a Democrat wins the special election, these seats are going to be difficult for a Democrat to hold in 2018.  Having a Democratic incumbent in these seats would, however, require the Republicans to devote a significant level of resources to get them back, making it easier for us to pick up seats elsewhere.  More importantly, if the Democrats can keep these races close and even win some, it is going to increase the jitters of Republicans in lean Republican seats.  During the Obama Administration, it was easy for Republicans to just say no and not have to accept responsibility for the gridlock in D.C.  The Republicans are now fully in charge and are responsible for getting things done.  The problem for Republicans in Congress is that the American people do not want what the Republican Party wants — even the voters in Republican seats do not want what the Republican Party wants.  That puts Republican Representatives on the hot seat.  They can either tell their Republican colleagues to slow down and take a second look at things or they can follow Speaker Ryan and President Trump like lemmings to their downfall in the 2018 election.  My hunch is that, like most politicians, the Republican members of Congress are tuned into their own survival.  The warning signs from the 4th district of Kansas this week and the 6th district of Georgia next week is going to make it very difficult for President Trump and Speaker Ryan to get their plans through Congress.

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