Category Archives: House of Representatives

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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Lessons From the January 6 Committee

Looking at the highlights from the January 6 Commitee hearing this week, there were two key takeaways from this week hearings — both related to the vote counting process.

First, as anybody who has been involved with campaign at any level knows, votes are not instantly reported at the same time.  Instead, election results roll in as precincts turn in their results and counties count absentee and “federal” ballots (ballots case by military and overseas voters that just cover federal and statewide elections).   More importantly, results by precinct and by county are not random — either in timing or in the vote counts.  There is a regular patten by which results are reported and an expected result by precinct and county.

To use my home county for an example, it is a small county that typically has between 12,000 and 15,000 votes.  While the exact number of precincts has changed, it has always been between 15 and 20 precincts.  In the years that I have lived, there have been changes.  We have gone from a central counting process in which the ballot boxes in each precinct were just ballot boxes and the counting machine was in the courthouse to a precinct counting process in which the ballot boxes are also counting machines and the central counting part of the process is simply downloading the results from each precinct and adding the results together.  This change has speeded up the process (as the county election authority no longer has to run 15,000 ballots through the counting machine and reset the machine for each precinct) and we typically have the full results by 8:30 p.m. (ninety minutes after the polls close) rather than 11:00 p.m.  Additionally, the results are posted on-line as soon as the printout of a precinct’s result can be scanned and uploaded thereby eliminating the need to sit around the courthouse waiting for a copy of the printouts.  But what hasn’t changed is that there is a rough sequence in which the precincts are reported.  In most elections, the first precincts to report are the smaller towns close to the county seat (in the north central part of the county).  Those precincts get to the courthouse first because they are only 5-10 minutes away from the courthouse, and — given their small size — they tend to have few people in line at 7 p.m. and can quickly get to the process of closing the precinct and packing up the ballots and counting device to take to the courthouse.  On the other hand, the five large precincts in the southeast and southwest of the courthouse tend to be the last ones to get to the courthouse as they have the furthest to go and tend to have lines at 7 p.m. (and thus take longer to close as the closing process does not begin until the last person has voted).  In short, while the exact sequence may change some from election to election (as the exact time when the election judges get to the courthouse depends on how long the lines are). 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 2022

The legislative part of redistricting is almost complete.  Only nine states are still in the process of drafting the “first” set of maps.  (Tw of those nine states are my home state of Missouri and the neighboring state of Kansas.  In both states, the maps are through one house of the legislature and are under consideration in the second house.)  In three states (Connecticut, Pennsylvania, and Wisconsin), the first set of maps defaulted to the courts when the legislatures and the governors were unable to agree on the new maps.

But in the remaining states, the maps have been adopted.  And that means that the battle over the maps has moved to the courts.  At this point, I am aware of three states in which we have rulings about the new maps.  Two of them are no surprise, or, at least, not much of a surprise.  In Ohio, the Ohio Supreme Court found that the map passed by the Ohio legislature violated the Ohio Constitutions rules on redistricting which bars drawing a map which unduly favors one political party or unduly splits political subdivisions.  In North Carolina, the North Carolina Supreme Court has under review an initial decision upholding the maps drawn by the North Carolina legislature.  The North Carolina Supreme Court will hear arguments on February 2.  Right now, it looks more likely than not that the North Carolina Supreme Court will strike down the map in that state.

The surprise on the list might be Alabama.  Alabama was not on the list of states that we looked at last year.  The failure to do so caused us to miss a change in demography within the state.  For the last several cycles, there has been one minority-majority district in western Alabama (the Seventh District).  In previous decades, the consensus was that — even though approximately one-quarter of the state is African-American — the minority population was too dispersed to creeate a second district that would either be a minority-majority district or close enough to qualify as an influence district.   (Part of the theory of the case is that the new districts dilute the influence of African-Americans in violation of Section 2 of the Voting Rights Act or is a racial gerrymander in violation of the Equal Protection Clasue.)  After the last census, however, it appears that by placing Birmingham in one district (the Seventh District) and Montgomery in a separate district in the southern part of the state, you could get two minority-majority districts (or at least two districts that would qualify as influence districts).  For now, the panel of judges hearing the Voting Rights Act case has ordered that Alabama will not be allowed to use the new maps pending a final decision (and has given Alabama thirty days to submit replacement maps or the court will draw maps for this election cycle).  Alabama has asked the Supreme Court to put this ruling on hold, and the Supreme Court has asked the plaintiffs for a response by February 2. 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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Redistricting — California

California is a hard state to analyze redistricting for several reasons.

First, there is the sheer number of districts.  With 52 districts (down from 53) there are a lot of choices to make.

Second, besides the large population, you also have a very diverse population.  The state as a whole is a minority-majority state.  And there are enough Latino, African-American, and Asian-Americans that map makers have to consider whether it is possible to create influence districts (or even majority districts) for each of these groups. Continue Reading...

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Redistricting — Illinois

Illinois concludes our tour of the midwestern states that lost a seat.  Like New York, Illinois is dominated by one city (Chicago) and its suburbs.  Eleven districts are at least partially in Cook County (Chicago) and another two are partially in a county adjoining Cook County leaving five districts for “downstate.”

Illinois’s current map has an overwhelming number of split precincts.  The current map has four minority-majority district.  Of those four districts, two (First District and Second District) have African-American majorities, one (Seventh District) has an African-American plurality, and one has a Hispanic majority (Fourth District).

The current map has six solid Democratic districts, two safe Democratic districts, two lean Democratic districts, and one toss-up that favor the Democrats.  On the other side, Republicans have one solid district (Fifteenth District), one safe district (Eighteenth District), one lean district (Sixteenth District), and four toss-ups that favor the Republicans.  Right now, Democrats hold three of the five toss-up seats. Continue Reading...

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Redistricting — Michigan

Michigan continues the series of states in the Great Lake Region that lost a seat in the House.  Like Ohio and Pennsylvania, the Republicans won control of the state in 2010 and tried to create a map that slants things in favor of the Republicans.  In response, voters in Michigan shifted responsibility to a bipartisan commission.  The process is somewhat complicated and the final maps will be reviewed by the court for compliance with standards set forth in the state constitution governing the process which includes a fairness requirement.

The current maps would clearly fail the fairness standard.  The three most lopsided districts are three solid Democratic districts (Twelfth District, Thirteenth District, and Fourteenth District) around Detroit which range from an expected Democratic vote of 64% in the Twelfth District to 79% in both the Thirteenth District and Fourteenth District.  The most Republican district in the state is the Tenth District (expected Republican vote of 61%).  As a result, the Democrats have an three solid districts and one lean district (Ninth District), and the Republicans have one solid district, one safe district (Fourth District), and three lean districts (First District, Second District, and Seventh District).  Of the remaining five districts, two are toss-ups that slightly favor the Democrats (Fifth District and Eleventh District) and three are toss-ups that slightly favor the Republicans (Third District, Sixth District, and Eighth District).  In short, the current map is an 8-6 map in favor of the Republicans even though the statewide numbers actually favor the Democrats.  Despite the map favoring the Republicans, the current delegation is actually a 7-7 split because the Democrats currently hold the Eight District.

Currently, Michigan has two districts with African-American majorities (the Thirteenth District and the Fourteenth District).  As noted above, as has often been the case when Republicans have drawn the maps, giving African-Americans a solid majority in districts often lead to districts that are packed with Democratic votes.  The task for those drawing the maps will be how to make the urban districts less packed while still protecting the influence of African-Americans in these districts. Continue Reading...

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