Special Election Open to All in Nevada’s 2nd District

Nevada Secretary of State Ross Miller (D), after conferring with legal personnel in Attorney General Catherine Cortez Masto’s (D) office, ruled that the state’s special election law does not give exclusive candidate nomination authority to the state political central committees, as at least the Republican Party had contended. Rather, Miller said in a news conference yesterday, the process will be open to all potential candidates.

With Gov. Brian Sandoval (R) scheduling the NV-2 special election for Sept. 13 after appointing Rep. Dean Heller (R-NV-2) to succeed Sen. John Ensign (R), who officially leaves office today, the Nevada congressional replacement system becomes similar to that of Hawaii – that is, all candidates will appear on the same ballot in one winner-take-all election. This will be the first special congressional election in Nevada’s history, hence the confusion over the law. The race will be conducted under the 2001 Nevada congressional map. The winner will serve what will be the final 15 months of the unexpired term in the current Congress.

The ruling has two clear winners. Sharron Angle, the 2010 GOP Senatorial nominee and former NV-2 candidate (who lost the 2006 GOP primary to Heller by 421 votes), will now likely run in the special election. It was clear that the state Republican Party would not have chosen her as the official party standard bearer, if they had the power to choose a nominee. The Democratic Party benefits under this ruling because coalescing Democratic votes around one strong candidate, like state Treasurer Kate Marshall, who confirms she is running, could allow them to steal the seat with a small plurality since majority Republicans are likely to split their votes among many candidates. This possibility is exacerbated with Angle in the race. Lt. Gov. Brian Krolicki and state Republican chair Mark Amodei are other potential GOP candidates.

The Nevada Republican Party is threatening a lawsuit over Miller’s ruling, but it will be difficult for them to prevail in court. It is hard to see how a judge will overturn an administrative decision that opens an electoral process to all people. The filing period is scheduled for May 23-25. Miller says all legal challenges must be decided by July 15 for his office to have the necessary time to conduct the Sept. 13 election.
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Calif. Special Election Called; Ron Klein, Dean Heller In

California Gov. Jerry Brown (D) has called the special election to replace former Rep. Jane Harman (D-CA-36) who resigned at the end of February. The “jungle” primary will be held on May 17 with the general election, if necessary, on July 12. This will be the first test of California’s new election law that allows members of the same party to square-off in a general election. Before, the top vote-getter from each party qualified for the main election. In a special vote, a run-off election is only required if no candidate receives an absolute majority.

In the CA-36 situation, the run-off is a virtual certainty. The two top Democrats, Los Angeles City Councilwoman Janice Hahn and Secretary of State Debra Bowen, are the favorites to qualify for the special general. Republicans are fielding several candidates, but Hahn and Bowen have the name familiarity to punch through a crowded field. The district is overwhelmingly Democratic, so it would be surprising to see anyone but the two most well-known Dems qualify for the run-off election. The nation’s other special congressional election, with nominees chosen by party caucus, is in NY-26, and will be held May 24. Republicans, in the person of Assemblywoman Jane Corwin, are likely to hold this position.

In Florida, it appears that defeated Rep. Ron Klein (D-FL-22) will not seek a re-match with Rep. Allen West (R), as reports are surfacing that Klein will soon announce the acceptance of a lobbying firm position. Klein was first elected in 2006, defeating then-Rep. E. Clay Shaw (R). He was subsequently re-elected in 2008, beating West, but went down 46-54% in the re-match. This south Florida district will be drastically reconfigured in redistricting. The GOP map drawers will need to give West an influx of Republicans since his seat is marginal. It is the only congressional district held by a Republican in both 2004 and 2000, in which President George W. Bush did not perform better. It’s long, craggy north to south design from West Palm Beach into greater Broward County will likely be re-set into a more traditional layout.

In Nevada, Rep. Dean Heller (R-NV-2) made official his plan to run for Sen. John Ensign’s (R) open seat. Heller will be the favorite for the Republican nomination. No Democrat has yet stepped forward to announce his or her candidacy, but Rep. Shelley Berkley (D-NV-1) says she will make her decision about a Senate race by early summer. Attorney General Catherine Cortez Masto and Secretary of State Ross Miller are waiting for the congresswoman to make a decision, but could find themselves entering the race. With Nevada becoming an ever more marginal state and Pres. Obama on the general election ballot in a place he carried 55-43% in 2008, the eventual Democratic nominee will be highly competitive.

Heller vacating the 2nd district, currently a decidedly Republican district that touches all 17 of the state’s counties, will mean a free-for-all occurs in the succeeding primary. Already GOP state chairman Mark Amodei, a former state senator who briefly ran for US Senate in early 2010 before dropping out, says he will run for Congress. Sharron Angle, who became the GOP Senatorial nominee against Majority Leader Harry Reid because of strong Tea Party support, could run here, or against Heller statewide. Angle lost a close congressional primary to Heller back in 2006 before running for Senate in 2010. Depending upon the shape of the re-draw, former Rep. Jon Porter (R-NV-3) is also someone who could jump into such a crowded primary with the ability to do well.

Democrats could find themselves in a similar position if Berkley vacates the safe, Las Vegas-based 1st district. Expect a major Democratic primary there if she decides to run statewide, which could be one reason Masto and Miller are both waiting to see what she does. If districts 1 and 2 are open, and with the state gaining a 4th district, Nevada could see three open seat congressional campaigns next year. Adding the fact that Rep. Joe Heck’s (R) 3rd district already has over 1 million inhabitants, the entire Nevada congressional map could easily be re-crafted.

The Silver State is very important in national redistricting and could become even more if the multiple vacancies actually occur.
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Senate Contests Already Taking Shape

With announcements from senators Daniel Akaka (D-HI) and John Ensign (R-NV) earlier this week that they will retire at the end of the current term, becoming the seventh and eighth such in-cycle senators to do so, it’s time to re-cap who is jockeying for position to succeed all the outgoing incumbents.

Arizona: (Sen. Jon Kyl) – Rep. Jeff Flake (R-AZ-6) is an announced Senatorial candidate. Rep. Trent Franks (R-AZ-2) is considering running, as is ex-Rep. Matt Salmon (R-AZ-1). For the Democrats, Rep. Ed Pastor (D-AZ-4) says he is looking at the race, but has taken no action to begin assembling a campaign as yet. Not much movement yet for the Dems, but they will have a credible nominee and this will likely become a competitive campaign.

Connecticut: (Sen. Joe Lieberman) – Rep. Chris Murphy (D-CT-5) is an announced candidate and former Secretary of State Susan Bysiewicz (D) will challenge him in the primary. Rep. Joe Courtney (D-CT-2), after considering the race, says he will seek re-election. Republican 2008 nominee Linda McMahon is considering running, but the Ds have the inside track in what is a reliable state for them.

Hawaii: (Sen. Daniel Akaka) – Democrats are looking at a crowded field, as this is the first open Senate seat there since 1976. Rep. Colleen Hanabusa (D-HI-1) and Rep. Mazie Hirono (D-HI-2) are potential candidates. Lt. Gov. Brian Schatz and former Honolulu mayor and defeated gubernatorial candidate Mufi Hannemann are other possibilities, as is ex-Rep. Ed Case (D-HI-2). Republicans have two potential candidates in former Gov. Linda Lingle, who is likely to run, and ex-Rep. Charles Djou (R-HI-1). Some Democrats are urging Akaka to resign before the term ends and allow Gov. Neil Abercrombie (D) to appoint a replacement, thus avoiding what could become a difficult and nasty Democratic primary late in September of 2012. Akaka, however, has given no signal that he favors such an idea. Much action will occur here in the coming months.

Nevada: (Sen. John Ensign) – Rep. Dean Heller (R-NV-2) is the key person here. It is expected that he will soon enter the race. Lt. Gov. Brian Krolicki and 2010 Senatorial nominee Sharron Angle are also making statements of interest, but both could also run for Heller’s open House seat if he does in fact vacate. The Republicans will need a clean primary to win in what is becoming a very marginal state for them. Democrats have several options. Rep. Shelley Berkley (D-NV-1) says she will decide over the summer as to what she will do. Attorney General Catherine Cortez Masto is a likely candidate. Secretary of State Ross Miller is expressing interest but says he wants to see what Berkley will do first before he makes a final decision. Should she run statewide, Miller could become a candidate for what will likely be her open safe Democratic House seat. This race will be in the toss-up category all the way to election day.

New Mexico: (Sen. Jeff Bingaman) – Former Rep. Heather Wilson (R-NM-1) is officially a Republican candidate. Lt. Gov. John Sanchez (R) is making noises that he might run, setting up the same type of toxic primary that defeated Wilson in 2006 and gave Sen. Tom Udall (D) an easy run in the general election. Rep. Steve Pearce (R-NM-2), the man who defeated Wilson for that nomination and came back to re-claim his House seat against an incumbent in 2010, hasn’t ruled out another Senatorial run, but he’s likely to seek re-election instead. Democratic state Auditor Hector Balderas is virtually certain to run. Rep. Martin Heinrich (D-NM-1) is a potential candidate. Should Wilson win the primary, this could become a competitive race.

North Dakota: (Sen. Kent Conrad) – Republicans are poised to convert this open seat, just as they did in 2010 with Sen. John Hoeven. The GOP has multiple options, including freshman at-large Rep. Rick Berg, Attorney General Wayne Stenehjem, and Public Utilities Commissioner Brian Kalk, among others. Democrats have a weak bench and are unlikely to field a top tier candidate.

Texas: (Sen. Kay Bailey Hutchison) – Texas will feature a crowded Republican primary and a sure run-off. In the race are recently resigned Dallas Mayor Tom Leppert, Railroad Commissioner Elizabeth Ames Jones, and Railroad Commissioner Michael Williams, along with former Secretary of State Roger Williams and former Texas Solicitor General Ted Cruz. Lt. Gov. David Dewhurst is expected to run but will likely announce after the legislative session concludes in June. Democrats have already coalesced around former state Comptroller John Sharp, who has lost his last two statewide races, to current Gov. Rick Perry and Dewhurst, both for Lt. Governor. Republicans have the inside track to holding the seat regardless of who eventually becomes their nominee.

Virginia: (Sen. Jim Webb) – All eyes are on former Gov. Tim Kaine, the chairman of the Democratic National Committee. Clearly a person who could become the party’s consensus candidate, Kaine has still not made any announcement and reportedly is truly undecided about running. The more time elapses, the less likely it becomes that Kaine will become a candidate. Defeated Rep. Tom Perriello (D-VA-5) is someone to whom the Democrats will likely turn without Kaine in the field. Former Rep. Rick Boucher (D-VA-9) is being mentioned as a potential contender, but he’s unlikely to run. Former Sen. and Gov. George Allen, the man Webb unseated in 2006, is back for another run and should easily capture the Republican nomination. Allen’s numbers are still relatively weak, as he ties Kaine in early polling and leads the others by only small, single-digit margins. This will be another tough Senatorial contest.

To secure a new majority in 2012, Republicans will have to convert at least two of these aforementioned seats and hold all of the ones they are risking. The GOP needs a minimum switch of four net seats to return to majority status. Democrats must defend 23 of the 33 in-cycle races.
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Ensign Out in Nevada; What’s Next?

In a story many believed to be inevitable, scandal-tainted Sen. John Ensign (R-NV) announced that he will not seek re-election next year.

Embroiled in an extra-marital affair with his former chief of staff’s wife, Ensign could never rebound from the extensive negative publicity even though he was actively attempting to prepare for a 2012 campaign. Polling showed Ensign faring poorly in both the Republican primary and the general election. It was clear that the senator’s road to re-election was a rocky one, making him a decided underdog to win either election.

Rep. Dean Heller (R-NV-2), commonly viewed as the GOP’s best candidate-in-waiting, is expected to soon announce his senatorial bid. Lt. Gov. Brian Krolicki is another potential Republican candidate. Democrats also have a good bench in the state, as they control four statewide constitutional offices. Their most likely candidates are Attorney General Catherine Cortez Masto and Secretary of State Ross Miller. Rep. Shelley Berkley (D-NV-1), who originally said she would decide whether to run for the Senate by the middle of last month, now says she will do so by summer. Ms. Berkley says the Ensign announcement is not a factor is her decision to run statewide or for re-election.

This will be a tough race for both sides. Nevada is now a swing state, but Pres. Obama ran well here in 2008, defeating John McCain 55-42%. Obama will again be on the ballot in 2012, which will undoubtedly boost the Democratic turnout model. Republicans rebounded nicely in 2010, though failed to defeat Senate Majority Leader Harry Reid. They did win a convincing victory for governor after ousting their own incumbent in the GOP primary. The new open Senate race begins as a toss-up. Ensign is the eighth senator to announce retirement, already a quarter of the in-cycle members standing for election next year.
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Another Tough Nevada Senate Race

Sen. John Ensign

Sen. John Ensign (R-NV), embattled because of a sex scandal involving the wife of a former staff member, admits he faces a “very, very difficult re-election,” but the two-term incumbent says he’s in the race to stay. Meanwhile, fellow Republican Dean Heller, the 2nd district congressman whose district touches all of Nevada’s 17 counties, confirms he is considering challenging Ensign in next year’s GOP primary. As you will remember, the 2010 Nevada Senate race was one of the most contentious in the country as Majority Leader Harry Reid eventually defeated Tea Party-backed Sharron Angle by five points, but the race lasted virtually two years.

Democrats are clearly in a position to take advantage of the Republicans’ problems and will field a strong candidate; 1st District Rep. Shelley Berkley says she will announce whether or not she will launch a Senate bid in mid-February. Other possibilities are Attorney General Catherine Cortez Masto and Secretary of State Ross Miller.

For his part, Ensign says he’s “not worried” about a possible Heller challenge but a new poll released this week suggests he should. Public Policy Polling surveyed 400 Nevada Republican primary voters over the Jan. 3-5 period and found that Heller would defeat Ensign 52-34%. While Nevada Republicans by and large still think Ensign is doing a good job in Washington (53:30% favorability score), the number saying he should run for re-election is only 42%, with 41% saying he should not. Heller has high name ID and positives, 63:12%, meaning 3/4 of the GOP electorate already know him. We will be hearing much more from this state in the coming two years, just as we have for the past two.
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