Could Elizabeth Holtzman Return in New York’s 9th CD?

New York City congressional districts.

New York Governor Andrew Cuomo (D) has set the date for the special election to choose a successor for former Rep. Anthony Weiner (D-NY-9). The vote is set for Sept. 13 and is New York’s second such special congressional election to be held this year, both necessitated to replace congressmen who resigned in disgrace after publicly revealing electronic messages and pictures. This is the same day as primaries for other Empire State offices as well the special election date to fill six vacant state assembly seats.

Rep. Joe Crowley (D-NY-7), who represents a district adjacent to NY-9, also serves as the Democratic Party’s chairman for the Borough of Queens. Under New York law, it is the county political party chairmen who choose special election nominees. Because approximately 70 percent of the 9th District is within Queens, Crowley alone has the virtual power to choose the Democratic general election candidate. He is expected to reach a decision in the next day or two.

The congressman reportedly wants “an elder statesman without long-term ambitions” to fill the Weiner seat. He now has the opportunity of ensuring that the new Democratic nominee will allow the 9th CD to be eliminated in redistricting so that Crowley himself can assume much of the Queens territory that was once Weiner’s. New York loses two seats in reapportionment. Such a move will allow him to jettison the Bronx portion of his current district, an area that is becoming heavily Hispanic, and give him a seat wholly within the Borough of Queens. Collapsing the 9th will also mean that Rep. Gary Ackerman’s (D) 5th district, a hybrid seat between Queens and Long Island, will likely survive the redistricting pen, as well.

The person currently being mentioned as having the inside track for the nomination is former Congresswoman Elizabeth Holtzman (D). The ex-representative reportedly reached out to Crowley shortly after Weiner’s resignation and now appears to be the top Democratic prospect.

During her 1970’s tenure in the House (four terms; 1973-1981), Holtzman represented a portion of the current 9th District. She was succeeded by now-Sen. Chuck Schumer (D), whose own election to the Senate opened the door for Weiner to win the congressional seat. Holtzman ended her career in Congress by losing a 1980 U.S. Senate race to then-Nassau County Board of Supervisors Chairman Alfonse D’Amato. She made a political comeback of sorts at the municipal level, winning election in Kings County (Brooklyn) for district attorney and later as New York City comptroller. Her 1992 Democratic primary bid for the right to square off against D’Amato again ended in another Holtzman loss, this time a rather humiliating fourth place finish. An unsuccessful primary fight to retain her party’s nomination for the city comptroller position the next year effectively ended her career in elective politics. Now at age 70, Holtzman may fit the bill of an “elder statesman” who can win the race in September, and will then fade quietly away when the 9th district is eliminated as a casualty of reapportionment.

Should Holtzman be appointed the nominee, she will begin the special election campaign as the favorite but the seat has some chance of becoming competitive as Republicans plan to wage a significant campaign. More will be known when the GOP nominee is actually chosen.
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Special Election Tightens in NY’s 26th

The Republicans have had a poor run in upstate New York special elections during the past election cycle, and the new one being held later this month (May 24th) has just returned closer-than-expected results in the first public poll. Siena College (April 26-27; 484 likely NY-26 special election voters), located north of Albany, NY, and which conducts political polling on a regular basis, shows Republican Assemblywoman Jane Corwin with only a 5-point lead over Democratic nominee Kathy Hochul (36-31% percent. But, the bigger story is the performance of Independent Jack Davis who captures 23 percent. Davis is running under the misleading party label that he simply lists as “Tea.”

Jack Davis is a wealthy businessman who has run for Congress three times as a Democrat. He started campaigning in 2004 when he held incumbent Rep. Tom Reynolds (R-NY-26) to a 49-39 percent win. He tried again in 2006 and scored his best performance, coming within four points of Reynolds, 48-52 percent, and hastening the congressman’s decision not to seek re-election in 2008. With a contested Democratic Party fight for the open seat primary, Davis lost badly in a multi-candidate race to attorney Alice Kryzan, who subsequently failed in the general election as businessman Christopher Lee won the seat.

It may be Davis’ victory in the courtroom that best defines his political career, however. The frequent candidate challenged the so-called “millionaires’ amendment” in the 2002 McCain-Feingold law, and was victorious in removing the provision from the federal statute. The millionaires’ amendment allowed a candidate to raise contributions in amounts triple the federal individual limits if a congressional race opponent spent $350,000 of his or her own money. Davis, a multi-millionaire who has spent a total of $7.43 million in personal funds over his three campaigns, argued that such an amendment is unconstitutional. The courts agreed.

Now in a special election after Rep. Lee resigned to avoid making public a personal scandal and knowing that he would never be chosen by Democratic Party leaders as their nominee, Davis entered the race via petition signature as an Independent. In New York, an Independent can describe themselves with a label on the ballot, and Davis chose the word “Tea.” Obviously, this was done to make him an attractive option to Tea Party voters, a group that could make a difference in a special election for this district. His move is disingenuous, however, since Davis has run from the left in his previous campaigns.

Vowing to avoid the divisiveness that cost the party dearly in the previous special elections, the Republicans and Conservatives both endorsed Assemblywoman Corwin even before Gov. Andrew Cuomo (D) officially scheduled the special election. But now Davis is apparently causing another dicey three-way race.

Can Jack Davis confuse enough voters with his “Tea” label to bring Jane Corwin down? While his better-than-expected showing in the first poll is certainly a nuisance to, and will undoubtedly cause a strategy shift for Corwin, enough time remains to dispel his candidacy and unite the right-of-center base. Assemblywoman Corwin is still in the driver’s seat for the May 24th special election and she remains the favorite to hold this seat in the Republican column.
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Republicans Nominate Corwin in NY-26

The local Republican chairmen from the seven upstate New York counties comprising the 26th congressional district, as expected, officially chose Assemblywoman Jane Corwin to be their nominee for the upcoming special election that Gov. Andrew Cuomo (D) eventually will call. The seat is vacant due to the scandal-tainted resignation of former Rep. Christopher Lee (R). Democrats have yet to name their consensus candidate.

Under New York election law, the governor has rather wide latitude to schedule special elections, but the vote must occur between 30 and 40 days once the call is made. The time lapse between resignation and scheduling allows the parties to choose their nominees via party caucus rather than a primary vote. Because of this situation only the seven county chairman from each party have any say in the nomination process for this particular election.

Upstate New York is no stranger to recent special congressional elections. Since the 2008 general election, two specials have been held and a third was made concurrent with the regular 2010 election. In early 2009, Democrat Scott Murphy won a 50.1-49.6% victory over Republican Jim Tedisco in the 20th district. Kirsten Gillibrand had vacated the seat to accept an appointment to the U.S. Senate. Murphy then went on to lose the 2010 general election to current Rep. Chris Gibson (R-NY-20) by a rather large 53-44% count.

In late 2009, Democrat Bill Owens, in a race that attracted a great deal of national attention, upset Conservative Doug Hoffman after GOP nominee Dede Scozzafava dropped out of the special race the weekend before the final vote and endorsed her major party opponent. Hoffman, running again on the Conservative Party line in the regular election, siphoned away enough votes to allow Owens to slip past Republican Matt Doheny to win a full term in NY-23. The seat was originally vacated because President Obama appointed GOP Rep. John McHugh as Army Secretary. When Rep. Eric Massa (D-NY-29) resigned in scandal, then-Gov. David Paterson simply refused to hold the special election early because it was clear his party was going to lose the seat. Last November, Corning Mayor Tom Reed easily converted the seat for the GOP.

Now, with Rep. Lee abruptly resigning due to a new scandal, yet another special election will be conducted. The seat should remain safely in Republican hands since the 26th district is one of the few New York congressional districts with a solid GOP history. John McCain defeated Pres. Obama here 52-46%, making the 26th only the fourth of 29 NY seats to so choose the Republican. Former Pres. George W. Bush racked up 55-43% and 51-44% margins here in 2004 and 2000 respectively. Ex-Rep. Tom Reynolds (R) had a close 52-48% call in 2006, but the seat has never fallen to the Democrats. Rep. Lee won 46-34% in 2008, and then posted a huge 68-24% landslide this past November.

With numbers like that, Assemblywoman Corwin should normally be regarded as the big favorite in a special election, but such may not be the case. Once again, a minor party candidate could conceivably tip the balance of power to the eventual Democratic nominee if enough conservative voters fail to support Corwin.

The chances of this happening are less than in the NY-23 melee of last year. Corwin claims the New York State Conservative Party has rated her the second-most conservative member in the Assembly, and she has won the party line in both of her legislative elections. Therefore, it is unlikely that the NYCP will abandon her now, which is the key to the Republicans winning. Under New York election law, candidates can gain votes from multiple party ballot lines.

Though certain Tea Party groups expressed displeasure with the Corwin selection, it will be difficult for them to qualify a candidate for the special election ballot because none of the Tea Party organizations are officially recognized New York political parties. Since the Green Party gubernatorial candidate did attract more than 50,000 votes in the last general election, however, they will qualify for an official ballot line now and in 2012. This could cause trouble for some future Democratic nominees if they are not sufficiently liberal on environmental issues.

Once the Democrats have a nominee, Gov. Cuomo will call the election and Ms. Corwin will likely win. At that point, she will immediately be forced to worry about redistricting, as the state loses two seats in apportionment and it is unclear which four of the existing 29 members will be paired against each other.

Our rating of the early NY-26 special election is “Likely Republican.”
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What’s Next in New York and Arizona?

The surprise resignation of Rep. Chris Lee (R-NY-26) will soon set off yet another special congressional election in New York. The 26th district, stretching from the Buffalo suburbs to the outlying Rochester area, is strongly Republican. With a new, short-term incumbent, however, the district stands a chance of being collapsed in the 2012 redistricting plan, since the state loses two congressional seats in reapportionment. Therefore, redistricting is certainly a factor for the potential candidates assessing their special election chances and prospects for a long tenure in the House. Republicans will have the advantage in this short-term contest.

Previously, when then-Rep. Kirsten Gillibrand (D-NY-20) was appointed to the Senate, a special election was held to choose a replacement for the House seat. Democrat Scott Murphy prevailed, but current Rep. Chris Gibson (R) subsequently defeated him in November. Rep. John McHugh’s (R-NY-23) appointment as Army Secretary led to a divisive special election allowing Democrat Bill Owens to slip through a three-way contest to capture the normally Republican seat. Owens went on to win a full term last November in similar fashion.

The major political parties will caucus and select a nominee; thus, there will be no primary election. Early reports suggest that Republican Assemblywoman Jane Corwin is already beginning to assemble a campaign operation. Among Democrats, Erie County legislator Kathy Konst has the potential of quickly becoming a consensus candidate. Gov. Andrew Cuomo (D) has a wide time frame in which to schedule the vote but once he does, the election will be held just 30-40 days from his official call.

In Arizona, Sen. Jon Kyl’s (R) announcement yesterday that he will not seek a fourth term sets the state’s political apparatus in motion. Rep. Jeff Flake (R-AZ-6) previously indicated interest in making a statewide bid should Kyl retire. The five-term Representative is a nationally known budget hawk, and has a strong following in the state. He has over $627,000 in the bank according to his year-end financial statement. The only other veteran Republican congressman in the Arizona delegation, Rep. Trent Franks (R-AZ-2) is more likely to remain in the House.

For the Democrats, Rep. Gabrielle Giffords’ (D-AZ-8) name is already surfacing, but the congresswoman, recovering from a senseless assassination attempt, is not currently in a position to run a grueling statewide campaign. Had it not been for the tragic Tucson shooting that injured her and killed six others, Rep. Giffords would very likely have joined the field of Senate candidates and been among the favorites to capture not only the Democratic nomination, but possibly the seat itself. Homeland Security Secretary and former Arizona Governor Janet Napolitano is also being mentioned as a person having interest in running. But recent polling indicates that her stint in Washington has cost her dearly among her former constituents.

Turning to other potential Senate candidates, former Rep. John Shadegg (R-AZ-3) is saying he might have interest in such a race. Former Attorney General Grant Woods, known as a liberal Republican, is another mentioned as a potential candidate. Ex-Democratic Party state chairman and 2006 Senatorial nominee Jim Pederson will also find his name prominently on a list of potential office seekers. Former state Treasurer Dean Martin (R), who briefly challenged Gov. Jan Brewer in the Republican primary, is another GOP possibility.

This race will be hard-fought, as the state is rife with controversial issues and the voting base becomes ever more marginal and competitive. Republicans will start out with an advantage, but this race will be one to watch throughout the 2012 election cycle.
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