GOP Poised for Special Election Sweep

The final polls for the two special elections that were held today, NV-2 (Mark Amodei, R) vs. Kate Marshall, D) and NY-9 (Bob Turner, R vs. David Weprin, D), indicate that Republicans will score victories in both. As we covered in our update yesterday, Mr. Turner appeared on the verge of a major upset win in the heavily Democratic New York City seat, vacant due to former Rep. Anthony Weiner’s (D) resignation. At the time of this post, the Associated Press has projected Turner to be the winner. The current lead is six points.

The weekend Public Policy Polling survey basically confirms the latest Siena College poll that gave Turner a six-point lead. According to the PPP data (Sept. 8-11; 664 likely NY-9 special election voters via automated telephone calls), the Republican former broadcasting executive has a 47-41 percent lead over the Democratic state assemblyman. Like the Siena College survey that showed Turner receiving a large cross-over vote from Democrats, PPP detects the same pattern. They post him attracting 29 percent of Democratic votes. Turner is crushing Weprin among Independents. Within this polling sample subset, the GOP nominee has a 58-26 percent edge. President Obama, in a district that he carried 55 percent in 2008, has a poor 31:56 percent job approval rating, which is proving to be a drag on Weprin’s candidacy.

The last Nevada survey, also from PPP (Sept. 9-11; 629 likely NV-2 special election voters via automated telephone calls) gave Republican Amodei, a former state legislator and Nevada Republican Party chairman, a whopping 50-37 percent lead over Democrat Marshall, the state Treasurer. An even more solid indicator is the early voting report. So far, of the early votes already cast, 53 percent come from Republicans while only 34 percent originate from registered Democrats. The polls indicating a Republican sweep appear to have been borne out.

Upset City in NY’s 9th CD?

The special election to fill former Rep. Anthony Weiner’s (D-NY-9) congressional vacancy in New York City will be held tomorrow and the latest poll from the Siena College Research Institute (Aug. 6-8; 886 likely NY-9 special election voters) suggests a possible Republican upset in this heavily Democratic district.

According to the Siena survey, Republican Bob Turner, a retired broadcasting executive, leads Democratic state Assemblyman David Weprin 50-44 percent. This is on the heels of a Magellan Strategies study (Sept. 1; 2,055 likely NY-9 voters via automated telephone calls) giving Turner a 45-40 percent advantage. Furthermore, within the last 10 days, McLaughlin Associates showed the race to be tied at 42 percent, prompting the Democratic Congressional Campaign Committee to counter with their own Global Strategy Group (GSG) survey (Aug. 30-31; 400 likely NY-9 voters), which posted Weprin to a 47-39 percent lead. The high error factor (4.9 percent) for a poll with a large congressional district sample suggests that the GSG results may be from the “educated” ballot test, meaning that people were given further information about the candidates after the respondents made their initial candidate preference selection.

An upset in a New York irregular election would be nothing new. In the past two years, three special elections have been held in the state, each producing a winner different from the early projected favorite. The one special election where the favored candidate won, Rep. Tom Reed (R-NY-29), was held concurrently with the 2010 general election. The others, all in Republican seats, elected Reps. Scott Murphy (D-NY-20), who was subsequently defeated in the succeeding regular election, Bill Owens (D-NY-23), and Kathy Hochul (D-NY-26).

As in all special elections, turnout will be the determining factor. With a superior Democratic Party operation in the city, Weprin certainly has a chance to win regardless of the late polling results. If the Democrats are motivated to turn out, then Weprin can survive. If they are not inclined to do so in sufficient numbers, then we could see a GOP upset.

Should Turner win this seat, the Republicans will likely sweep the two congressional special elections being held tomorrow. The other, in Nevada’s 2nd district, will likely elect Republican Mark Amodei. Winning the New York seat, however, will almost assuredly have national ramifications and won’t make any Democrat, including President Obama, feel overly secure.
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Conflicting Data in Nevada’s 2nd District Special Election

Two surveys covering the Sept. 13 special election in Nevada’s 2nd congressional district were just released, producing very different results. Magellan Strategies, polling for Americans for Prosperity, went into the field Aug. 15-16 (656 registered NV-2 voters via automated phone calls) and found Republican Mark Amodei to be leading Democrat Kate Marshall by a hefty 48-35 percent margin. Two days later, Public Policy Polling began testing 600 NV-2 voters, also with automated calls (Aug. 18-21), and found Amodei’s advantage to be only 43-42 percent.

One reason for the large swing is the make-up of the two polling samples. Magellan’s consisted of 48 percent registered Republicans, 38 percent Democrats, and 14 percent Independents. PPP’s included 41 percent Republican, 37 percent Democrat, and 22 percent Independent respondents. According to the latest registered voter statistics (July 2011), NV-2 Republican registration is 43.1 percent; Democrats post 35.4 percent; and Independents (American Independents, Greens, Libertarians, Non-Partisan, and Other are the choices in Nevada) capture 21.5 percent of the district’s voters. Therefore, the PPP sample draw is the more accurate of the two, though they slightly discounted the Republican number. Magellan has the right number of Democrats, but their Republican composition is seven points high while the Independent is seven points low. Notice that the two polls differ by about those same margins. Magellan’s results are five points higher for the Republican candidate and seven points lower for the Democrat than PPP’s.

Though the 2nd District, which touches all 17 of Nevada’s counties but has its population anchor in Reno and Carson City, was originally drawn as a Republican seat in the 2001 redistricting plan, it has strayed much closer to the Democrats as the decade progressed. In 2004, then-President George W. Bush scored a 57 percent victory here over John Kerry. Four years later, Barack Obama and John McCain fought to a 49 percent draw. On the congressional front, in the open seat race of 2006 when Dean Heller (R) defeated Jill Derby (D), the GOP scored a 50-45 percent win. Two years later the same candidates finished 52-41 percent in favor of incumbent Heller. In the 2010 Republican landslide election, without strong opposition, Rep. Heller’s re-election margin was 63-33 percent.

Expect the current special election to be close. Both candidates are now airing television ads and neither are timid about going negative. The National Republican Congressional Committee has already dropped approximately $400,000 into the race, but the Democratic Congressional Campaign Committee has yet to counter. Outside organizations for both sides are also expected to participate. In a special election, turnout is everything and the Democrats, as proven in the 2010 Senate campaign that re-elected Majority Leader Harry Reid 50-45% when polling was suggesting a different result, seem to have the superior ground apparatus.

The PPP data released the results of their long questionnaire and that produced interesting results too, mostly favoring the Republicans. Though Amodei’s favorability ratio is only 43:42 percent positive to negative, Marshall’s is 43:47 percent. President Obama’s job approval score is a weak 41:55 percent, and Reid’s is even worse at 39:56 percent. On the other hand, Republican Gov. Brian Sandoval posts a strong 55:32 percent score.

Testing former NV-2 Rep. Heller, who is now the state’s interim Senator running for a full term against Las Vegas Rep. Shelley Berkley (D-NV-1), his job approval number as a statewide federal official is 48:41 percent favorable to unfavorable, and he would defeat Berkley 52-40 percent in the current 2nd District if the US Senate vote were today.

The NV-2 special election is now kicking into high gear, and these combined polling results suggest a tough road for both candidates down the closing stretch. Waiting in the wings is Sharron Angle, the 2010 Republican Senatorial nominee who will enter the regular election in the new 2nd District, no matter what the final result of this campaign. Therefore, the new incumbent will face plenty of competition next year. The new 2nd District redistricting draw is expected to be very different from present. The Las Vegas portion of the district will no longer be included, as the new seat will be concentrated in Nevada’s northern sector. This plays right into Angle’s hands, so this current race merely begins what will likely be more than a year of steady political activity.
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Hahn Wins in California’s 36th CD Special Election

Los Angeles City Councilwoman Janice Hahn (D) won the special election for the right to succeed resigned Rep. Jane Harman (D) last night, though the margin suggests a potentially tough battle next year for the full term in a different Palos Verdes Peninsula-anchored district. Hahn scored a 55-45 percent victory over Republican businessman Craig Huey, a rather uninspiring win for a Democrat in a seat that gave 64 percent of its votes to President Obama in 2008 and saw only one national Republican candidate, George W. Bush in 2004, even reach the 40 percent plateau for a presidential election.

Mr. Huey, for his part, out-performed all expectations from the very start of this campaign. Barely qualifying for the special general under California’s new “top-two” election law – the two highest vote-getters in a primary election, regardless of political party affiliation advance to the final vote – Huey ran a better campaign than expected and is relatively well-positioned for a regular election campaign in the post-redistricting seat.

The California Citizens Commission on Redistricting crafted a proposed district for the South Bay region in Los Angeles County that is more favorable for the Republicans, even though the Democrats should continue to win here. The new district, as drawn but not yet adopted, is about 10 points more Republican than the current 2001 version. Since Huey came within 10 points of beating Ms. Hahn in the overwhelmingly Democratic seat, he has to be considered as a legitimate threat to unseat her in the more competitive district next year, assuming he again becomes a candidate.

The turnout for the special election was 76,221 voters, or 21.9 percent of those registered to vote. That number is expected to grow as California normally receives a large number of mail-in votes that will be counted post-election. The new House now stands at 240 Republicans and 193 Democrats with two vacancies. The next two special elections in NV-2 and NY-9 will both occur Sept. 13.
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The Supreme Court Rules in Nevada’s 2nd CD

The Nevada state Supreme Court late yesterday clarified the state’s special election law. The court agreed, on a 6-1 vote, with the Republican objection to the Democratic Secretary of State’s scheduling of one federal special election to fill a vacancy and awarding all qualified candidates ballot placement regardless of party. The high court ruled that the political parties do have the right to nominate their own candidates.

This means that ex-Nevada Republican Party chairman Mark Amodei, also a former state legislator, will face Democratic state Treasurer Kate Marshall on Sept. 13. The winner will fill the unexpired term of former Rep. and current Sen. Dean Heller (R). Gov. Brian Sandoval (R) appointed Heller to replace Sen. John Ensign (R) when the latter resigned.

The special election will take place in the current NV-2, an expansive district that touches all 17 of the state’s counties. The winner will then run for a full term in the new 2nd district, whose boundaries will become known when the state completes its redistricting process. No map was passed during the regular legislative session, so a court will draw the lines from scratch. The addition of a new 4th district in Las Vegas means that the 2nd will become northern Nevada’s seat.

Much more on this race as the campaign develops.
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Nevada Republicans Choose Amodei; Angle Waits in the Wings

Nevada's congressional districts.

The Nevada State Supreme Court will eventually decide if the Republican Party’s action taken this weekend has meaning. The GOP officials held a nominating convention on Saturday to choose a candidate for the 2nd Congressional District special election tentatively scheduled for September 13th.

In what constituted little surprise, former state party chairman Mark Amodei, who spent 12 years as a state legislator and briefly ran for US Senate in 2010, was selected as the Republican congressional nominee by the voting members. He easily defeated state Sen. Greg Brower and former Navy Cmdr. Kirk Lippold on the first ballot.

But, the nomination may become irrelevant. Soon after Rep. Dean Heller (R-NV-2) was appointed to replace resigned Sen. John Ensign (R), Democratic Secretary of State Ross Miller ruled that the special election process would be conducted as an open one-election contest in which all individuals desiring to run would qualify for the ballot. The Nevada Republican Party sued to overturn Miller’s decision, arguing that the ambiguous state election code pertaining to special election process – this is the first federal special election in Nevada’s history – actually allows the political parties to choose their own nominees. A lower court judge agreed with the Republican argument, hence the necessity for the state Supreme Court to become involved. The high court’s only action so far is to say that they may need more time to decide and Gov. Brian Sandoval’s Sept. 13 election date schedule may have to be postponed.

The Nevada Democratic Party has yet to make any move vis-a-vis the special election and now find themselves facing a key decision. Officially backing Secretary of State Miller’s “battle royal” election format concept, the party may now be forced to caucus and nominate a candidate so that Amodei and the Republicans don’t gain a major advantage should the high court uphold the lower court ruling. If the Democrats do convene, state Treasurer Kate Marshall, already an announced congressional candidate, is the prohibitive favorite to receive the official party nod.

But the uncertainty for Amodei, in particular, won’t end with the Supreme Court ruling or even the special election itself. Sharron Angle, the former state assemblywoman who became the GOP 2010 Senatorial nominee only to lose to Majority Leader Harry Reid in the general election, was originally a candidate in the special election but has since withdrawn. She has the luxury of simply waiting for the regular election in the newly drawn seat to run either against a brand new Republican incumbent, now most likely Amodei should the GOP hold the seat in September or whenever the special is actually held, or a Democrat in what should be a Republican-leaning seat under the new redistricting plan.

Nevada’s congressional districts will change significantly because, as the fastest growing state in the nation, a new fourth district will be created as the result of reapportionment. Though the Democratic legislature and Republican governor drew to a stalemate over redistricting, meaning a court will now draw the final map, it is pretty clear that the city of Las Vegas will have two seats, rural Clark County (Las Vegas) and the central part of the state will occupy one, and the northern sector, the heart of the district in question, will comprise the new NV-2. The current district must shed 161,424 people, which is 24% above the new state CD population target of 675,138 individuals.

The winner of the special election will represent the current 2nd congressional district for the remainder of this Congress but will run for re-election in a seat that is considerably different. The area sure to be removed from the new 2nd is the central and southern portion of the seat. Currently, NV-2 encompasses all or part of the state’s 17 counties. The places going to other districts are largely areas where Ms. Angle did not perform as strongly.

Sharron Angle choosing not to participate in the special election is a sound political decision from her perspective. Should she decide to run in the regular election, which is likely, she can continue to amass campaign resources – her ability to do so is an advantage over every other candidate – and can challenge a short-term incumbent, either Republican or Democrat, in a new district that will likely be more to her liking particularly in the GOP primary.

The 2nd district political saga may prove to be the “great unknown” of the 2011-12 election cycle. What we can expect, however, is non-stop political action from here all the way to the next regular general election.
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Does Nevada Have the Right Angle in NV-2?

While the NY-26 special election has taken an interesting turn since Democrats might be on the doorstep of positioning themselves for an upset win on May 24, the NV-2 vacancy seems to be flowing in the opposite direction.

Last week, despite the contention from Nevada Republican Party officials that the state parties would choose nominees for the Sept. 13 special election to fill the unexpired portion of now-Sen. Dean Heller’s (R) current term in the House, Democratic Secretary of State Ross Miller ruled that a jungle-ballot format would take precedence. This means anyone can run for the seat regardless of political party affiliation and, like in the Hawaii special election of 2010, the person obtaining the most votes in the one election, regardless of percentage, is elected. Such a format favors the candidate with the strongest base and plays against a particular party that may field two or more viable candidates.

Miller’s ruling was savvy on at least two points. First, he, as a potential aspirant for future higher office himself, scores points with the Democratic establishment because this is the best possible format for his party to steal what should be a reliable Republican seat. Second, even if the Republicans were to file suit against him, a court would be in a difficult position to rule against a Secretary of State who merely opened up the process equally to everyone, thus his decision is also legally secure.

It was originally believed that the Democrats had a legitimate shot in the jungle format because controversial 2010 GOP Senatorial nominee Sharron Angle would be in the field of candidates, since she had already announced for the seat in the regular election. Before Sen. John Ensign (R) resigned and Rep. Heller was appointed to replace him, the congressman had made known his intention to run for the Senate in the regular 2012 election. Angle barely lost the 2006 congressional nomination to Heller (by 421 votes) the last time the seat was open.

It was also conventional wisdom that Lt. Gov. Brian Krolicki (R) would hop into the congressional race. His strong presence would split the GOP vote and allow a consensus Democrat, presumably state Treasurer Kate Marshall, to slip by the split Republicans and win the seat with a plurality of the vote.

It appears now, however, that the tables have turned. While Angle did enter the special election contest, Krolicki backed away. State Republican Party chairman Mark Amodei, a former state legislator who briefly ran for the Senate in 2010 only to withdraw because he lacked funding, is now in the congressional race. But, so far, the only two other Republicans to declare candidacy are state Sen. Greg Brower and former US Navy officer Kirk Lippold, both of whom have small constituencies.

Amodei, coming from the more moderate wing of the party, could become the main alternative to Angle but none of the Republicans have as strong a political base, both financially and vote-based, as the former Senatorial nominee. Aside from barely losing the GOP primary to Heller in 2006, Ms. Angle actually carried the 2nd district, even against Senate Majority Leader Harry Reid, in the 2010 general election. So, it is clear that this north/central Nevada region constitutes her main base of support.

Now, the Democrats have a potentially split field. While Treasurer Marshall, who most believe is the party’s strongest candidate, announced her candidacy, so did Jill Derby, the former state Democratic Party chair, university regent, and congressional nominee in both 2006 and ’08. Derby, too, has a base in the district. She held Heller to a respectable 45-50 percent winning percentage in ’06, but fell to 41-52 percent in the re-match. It is conceivable that she will take a significant percentage in the special election, votes that will more than likely come right from Marshall’s political hide. Additionally, former university regent and 2010 Democratic congressional nominee Nancy Price is also running again. Though she lost to Heller in a landslide 33-63% vote, she has the potential of snatching a few more votes from Marshall.

While two weeks ago it looked liked the Democrats were in an enviable special election position, the most recent events seem to be unfolding in Angle’s favor. Much more will happen before the May 25 filing deadline to better define the special election parameters. We will then see if the Democrats can fully coalesce behind Marshall, thus restoring what originally appeared to be a reasonable chance at victory.
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