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Decision ’18: Federal judge stops Georgia from certifying election results

Democrat Stacey Abrams faces daunting math in quest for runoff in governor’s race;  7th District U.S. House race still too close to call

ATLANTA (CFP) — A federal judge has stopped Georgia’s secretary of state from certifying election results, extending for at least two more days Democrat Stacey Abrams’s slender hope of forcing her race against Republican Brian Kemp for governor into a runoff.

Meanwhile, a different federal judge ordered elections officials in suburban Gwinnett County to stop rejecting absentee ballots with incorrect or missing birth dates. The 7th U.S. House District, in which incumbent Republican Rob Woodall holds a small lead over Democrat Carolyn Bourdeaux, is centered in Gwinnett.

Ruling in a lawsuit filed by Common Cause Georgia, U.S. District Judge Amy Totenberg delayed the state’s certification of results until at least Friday at 5 p.m. to give voters who cast provisional ballots in the November 6 election more time to validate their registration information so that their votes can count. The certification of results from the state’s 159 counties had been expected Wednesday.

Totenberg also ordered the state to create a secure phone line or website where voters who cast provisional ballots can find out if their ballot has been rejected and, if so, why. Under state law, voters who cast provisional ballots have until Friday to provide documentation that would validate their votes.

Totenberg was appointed to the federal bench by President Barack Obama. She is the sister of Nina Totenberg, NPR’s Supreme Court correspondent.

According to the Secretary of State’s office, 21,700 provisional ballots were cast statewide, usually by voters who were not listed on the registration rolls of the precinct where they tried to vote or who could not provide an accepted form of identification. However, the Abrams campaign believes the number of provisional ballots is at least 30,820.

Stacey Abrams

Brian Kemp

The latest results show Kemp with a lead of 57,863 votes over Abrams, well beyond the number of provisional ballots. But if Kemp’s margin can be reduced to the point where he no longer has a majority of votes, under a law unique to Georgia, the two would face each other again in a runoff in December.

However the math for Abrams is daunting — if there are 30,800 provisional ballots, as her campaign claims, and all of them are valid, she would have to win 83 percent of them just to get the race to a runoff. If there are 21,700, she would have to win 98 percent.

And in court filings, state elections officials have said that usually only half of provisional ballots can be verified to count. If that is the case with the outstanding provisional ballots, a runoff is a mathematical impossibility unless more provisional ballots are found.

Kemp served as secretary of state during the election but resigned after claiming victory in the governor’s race. His campaign has been insisting that Abrams has no viable path to overcome his lead. His current lead is also large enough that Abrams cannot ask for a recount.

But the Abrams camp — which had criticized Kemp’s stewardship of the election process while serving as both secretary of state and a candidate for governor — established a hotline to locate voters who say they had trouble voting on election day, hoping to locate more potential provisional ballots.

In the 7th District race, Woodall holds a 900-vote lead over Bordeaux. With no third-party candidate in the race, a runoff is not a possibility, but the race is currently close enough to trigger a runoff.

Gwinnett County, the state’s second-largest located northeast of Atlanta, is the population center of the district, which also includes parts of Fulton and Forsyth counties. The county’s handling of absentee ballots has been contentious throughout the election, amid news reports that the county was rejecting absentee ballots at a higher rate than any other county in Georgia.

Bordeaux had gone to court alleging that the county had rejected more than 1,000 absentee ballots for “trivial” reasons. United States District Judge Leigh Martin May agreed with that argument, but only for some 220 ballots that had errors in birth dates.

May is also an Obama appointee.

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Republican U.S. Rep. Karen Handel’s hard-won stay in Congress comes to a swift end

After winning her seat in 2017 in the most expensive U.S. House race in history, Georgia Republican concedes to political newcomer Lucy McBath

By Rich Shumate, ChickenFriedPolitics.com editor

ROSWELL, Georgia (CFP) — In April 2017, veteran Georgia Republican politico Karen Handel, after twice losing races for statewide office, had arrived at the promised land, at end of a very long road.

She won a special election to fill Georgia’s 6th District U.S. House seat, narrowly defeating Democratic newcomer Jon Ossoff after $50 million was spent in a race fueled by Democratic anger over the election of Donald Trump.

Her future seemed assured in the 6th, anchored in Atlanta’s wealthy northern suburbs. The historically Republican seat had been previously held by former House Speaker Newt Gingrich and former U.S. Rep. Tom Price, who gave it up to serve in Trump’s cabinet. And when Ossoff decided not to challenge Handel again in the midterm election, her seat seemed secure and her political career restored.

Lucy McBath

Karen Handel

Until Tuesday’s midterm election, when Handel lost her seat to Democrat Lucy McBath, who didn’t have Handel’s political pedigree but did have a compelling personal story and an issue — gun control.

“After carefully reviewing all of the election results data, it is clear that I came up a bit short on Tuesday,” Handel said in a letter to Atlanta’s WSB-TV. “Congratulations to Representative-Elect Lucy McBath and send her only good thoughts and much prayer for the journey that lies ahead for her.”

The final result was close. Unofficial results showed McBath with a 2,900-vote lead, out of 316,000 votes cast. For Handel, it was déjà vu all over again — in 2010, she lost a Republican primary runoff for governor by 2,500 votes.

McBath, 58, a former flight attendant, had never held political office before. But she became a gun control activist after her 17-year-old son, Jordan Davis, was shot to death outside a convenience store in Jacksonville, Florida, by a man upset about loud hip-hop music played by Davis and three of his friends.

The shooter, Michael David Dunn, was convicted of first-degree murder in Jordan’s death and sentenced to life in prison.

After her son’s death, McBath became a national spokeswoman for Moms Demand Action for Gun Sense in America and was part of a group of mothers of slain African-American teens who appeared at the 2016 Democratic Convention. She decided to run for Congress after last February’s shooting at a high school in Parkland, Florida, in which 17 people died.

“Six years ago, I went from a Marietta mom to a mom on a mission,” McBath said in a statement declaring victory. “After my son was lost to gun violence, I stood up and started demanding more. After Parkland, I was compelled to enter this race for Congress — to provide leadership that would be about the business of putting lives over profit.”

McBath’s quest seemed implausible, running as she was against someone who had been county commission chair in the state’s largest country (Fulton) and secretary of state and came just a percentage point short in a race that would likely have made her governor. Gun control is also not an issue that generally helps Democrats, or anybody else, in Georgia.

Yet, McBath’s victory did not come completely out of left field. The district has become more diverse in recent years, with growing African-Amercian, Latino and Asian populations. Trump had only carried the 6th by 1.5 points in 2016, and Handel had to fight hard to win it in 2017. And toward the end of the campaign, McBath was winning the money chase, outraising Handel by a substantial margin.

Handel also wasn’t the only suburban Southern Republican who found tough sledding in the midterms. Incumbents lost in the Virginia suburbs of Washington, D.C., Richmond, Dallas, Houston and Miamia and even in Oklahoma City and Charleston, S.C..

But Handel’s loss, and a close call in the adjoining 7th District for Republican U.S. Rep. Rob Woodall, harbors a new reality for Georgia Republicans — in the age of Trump, suburbs are no longer safe GOP territory, even in the South.

The race for Georgia governor showed the ominous portents that may await. Democrat Stacey Abrams carried not only Fulton and DeKalb counties, both with large African-American populations, but also seven surrounding suburban counties, including the two biggest, Cobb and Gwinnett. Of the eight congressional districts that contain parts of metro Atlanta, four will now be held by Democrats, and a fifth was very nearly lost.

Republicans will, no doubt, come after McBath in 2020; the 6th is now truly a swing district. But she will have two years to build up her political profile, and she will be running for re-election in a presidential election year, which usually helps Democrats.

And Lucy McBath will always be the woman who won a race she wasn’t supposed to win, against a woman who wasn’t supposed to lose.

Decision ’18: Democrats fail to make major breakthrough in the South

Republicans sweep U.S. Senate and governor’s races; Democrats make a net gain of at least 9 seats in the U.S. House

♦By Rich Shumate, ChickenFriedPolitics.com

(CFP) — The big, blue wave that Democrats hoped would carry them to a breakthrough in the South crashed into the Republican’s big, red wall in Tuesday’s midterm elections.

Republicans won the high-profile governor’s race in Florida and held a lead in Georgia, easily defended U.S. Senate seats in Texas and Tennessee and appear to have ousted Democratic U.S. Senator Bill Nelson in Florida.

Joe Manchin

The lone bright spot for Democrats in statewide races was in West Virginia, where U.S. Senator Joe Manchin held his seat.

Democrats did flip at least nine Republican-held U.S. House seats, ousting three incumbents in Virginia and winning a seat in South Carolina and another in Oklahoma that they had not won in more than 40 years. Three seats are still too close to call, with Republicans leading in two of them.

However, Republicans carried two-thirds of the 30 seats that Democrats had targeted across the region, including seven seats in Florida and Kentucky’s 6th District, where Democrat Amy McGrath failed to oust U.S. Rep. Andy Barr despite spending $7.8 million dollars.

Brian Kemp

Ron DeSantis

Republicans won all nine of the governor’s races in the South, including Florida, where Republican former U.S. Rep. Ron DeSantis defeated Tallahassee Mayor Andrew Gillum, and Georgia, where Republican Secretary of State Brian Kemp was leading former State Rep. Stacey Abrams by 60,000 votes with some mail-in ballots left to be counted.

Abrams has refused to concede.

“Votes remain to be counted. Voices waiting to be heard,” she told supporters early Wednesday morning. “We are going to make sure that every vote is counted because in a civilized nation, the machinery of democracy should work everywhere for everyone.”

Gillum and Abrams were hoping to become the first African-American governor in their respective states and end 20-year droughts in the governor’s office.

In addition to victories in Florida and Georgia, Republican governors were re-elected in Texas, Arkansas, Alabama and South Carolina, and GOP candidates kept open seats in Tennessee and Oklahoma.

Of the seven U.S. Southern Senate races, Republicans won four and the Democrats two, with one race in Mississippi heading to a November runoff, which amounts to a net gain of one seat for the GOP.

Beto O’Rourke

Ted Cruz

The most high-profile race was in Texas, where Democratic U.S. Senator Beto O’Rourke ran a spirited race to try to oust Republican U.S. Senator Ted Cruz. But in the end, Cruz won 51 percent of the vote to 48 percent for O’Rourke.

In Florida, Republican Governor Rick Scott defeated Nelson, who was trying for his fourth term. Scott’s win means that Florida will have two Republican senators for the first time in 100 years.

Republicans also defended a seat in Mississippi, where U.S. Senator Roger Wicker won easily, and in Tennessee, where Republican U.S. Rep. Marsha Blackburn defeated Democratic former Governor Phil Bredesen by an surprisingly large 55 percent to 44 percent margin.

In Virginia, Democratic U.S. Senator Tim Kaine won 57 percent to 41 percent for Republican Corey Stewart.

In a special election in Mississippi to fill the vacancy created by the resignation of former U.S. Senator Thad Cochran, Republican Cindy Hyde-Smith, Cochran’s temporary replacement in the Senate, advanced to a November 27 runoff against Democrat Mike Espy, a former congressman who served as agriculture secretary in the Clinton administration.

Hyde-Smith and Smith both came in at 41 percent,short of the majority they needed to avoid a runoff. Republican State Senator Chris McDaniel came in third at 17 percent.

In the U.S. House races, the most high-profile casualty was 11-term Republican U.S. Rep. Pete Sessions, who lost his Dallas-area House seat to Colin Allred, an attorney and former NFL player.

 

Comstock

Brat

Other Republican U.S. House losers were Dave Brat in the suburbs of Richmond; John Culberson in Houston; Barbara Comstock in the Virginia suburbs of Washington, D.C.; Carols Curbelo in Miami; and Scott Taylor, in the Hampton Roads area of southeastern Virginia.

In Miami, Democrat Donna Shalala, who served as health secretary in Bill Clinton’s administration, won an open seat that had been held for 30 years by retiring U.S. Rep. Ileana Ros-Lehtinen.

Two of the night’s biggest surprises came in Oklahoma City, where Republican Steve Russell was defeated by Democratic newcomer Kendra Horn, and in the Low Country of South Carolina, Democrat Joe Cunningham held a slender lead over Republican State Rep. Katie Arrington, who had ousted the incumbent, U.S. Rep. Mark Sanford, in the Republican primary.

Arrington

Cunningham

Republican incumbent Rob Woodall led by 4,000 votes in the Atlanta suburbs, and in the Charlotte area, Republican Mark Harris held a small lead over Democrat Dan McCready.

The news was not as good for Karen Handel in suburban Atlanta, who trailed her Democratic challenger, Lucy McBath, by 2,100 votes after all of the precincts had reported.

Handel won that seat just last year in a special election that became the most expensive House race in U.S. history, in which more than $50 million was spent.

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Election Preview: GOP’s Southern U.S. House wall faces Democratic challenge in suburbs

Democrats have put 31 Republican-held seats in play across the South

♦By Rich Shumate, ChickenFriedPolitics.com editor

(CFP) — Will the Republican’s big, blue Southern wall that has been the linchpin of their U.S. House majority hold, or will Democrats reverse a decade of disappointment and eat away at GOP dominance in the South?

That question will be answered in Tuesday’s midterm elections, in which voters will decide all 152 House seats in 14 Southern states.

Heading into the vote, Republicans hold a 112-to-40 advantage across the region. But at least 31 GOP-held seats are on the Democrats’ radar for possible takeaways in 2018, which could portend the biggest comeback for the party in Congress since 1994, when scores of traditionally Democratic seats in the South melted away, seemingly for good.

By contrast, none of the 40 Democrat-held seats in the region are expected to flip.

The possible Republican-to-Democrat flips are concentrated in four states — Florida, with nine; Texas, with eight; and Virginia and North Carolina, with four each.

But Democrats have also targeted Republican seats in West Virginia, Arkansas and Oklahoma, where they were shut out in 2016, and South Carolina, where they won but a single seat.

Many of the most competitive races are in suburban areas around major cities that have traditionally been solidly Republican, including districts in and around Dallas, Houston, Austin, Atlanta, Tampa, Miami, Richmond, Raleigh, Charlotte, Little Rock, Oklahoma City and Washington, D.C.

The elephant in the room in all of these races has been President Donald Trump, with Democrats trying to make inroads in normally Republican districts where Trump underperformed in 2016, as he was overperforming in rural areas on his way to capturing the White House.

This election might also portend the revival of what has in recent years become something of a endangered species in Congress — the white Southern Democrat.

Currently, just 13 white Democrats who are not Latino or Asian hold Southern House seats. But of the 31 competitive seats this year, 22 feature a white Democrat trying to oust a Republican.

Among the Southern races drawing the most national attention are in Kentucky’s 6th District, where Democratic newcomer Amy McGrath, a former Marine fighter pilot, raised more than $7.8 million in a bid to unseat Republican U.S. Rep. Andy Barr — a race which drew a visit from Trump on Barr’s behalf.

Kentucky has the nation’s earliest poll closing, at 6 p.m. in the part of the state located in Eastern time zone. So the McGrath-Barr race should provide an early indication of how the national results may develop.

Another possible bellweather race: West Virginia’s 3rd District, where Democratic State Senator Richard Ojeda is battling Republican State Rep. Carol Miller for an open seat in a district that Trump carried by a whopping 49 points in 2016.

Polls close in the Mountaineer State at 7:30 p.m. ET; an Ojeda win or a close vote could be a harbinger of a difficult night for the GOP.

In Texas, Republican U.S. Rep. Pete Sessions is in the fight of his political life in suburban Dallas, where he faces Colin Allred, a lawyer and former NFL linebacker who worked in the Obama administration.

Sessions, first elected in 1996, is the chairman of the House Rules Committee and was one of the architects of the Republican wave in 2010, which swept the party back into control of Congress.

While he won re-election with 71 percent of the vote in 2016, Hillary Clinton was narrowly carrying his district, which made him a top Democratic target in2018.

Another Texas Republican whose race is a toss-up is U.S. Rep. John Culberson, whose metro Houston district was also carried by Clinton in 2016. He faces Lizzie Pannill Fletcher, a Democratic attorney.

Culberson’s district has been in Republican hands since former President George H.B. Bush won it in 1966.

Barbara Comstock

The most endangered Southern Republican is U.S. Rep. Barbara Comstock, who represents a district in Virginia suburbs of Washington, D.C. Polls have shown her trailing Democratic State Senator Jennifer Wexton in a district where Clinton scored a 10-point win.

In Florida, Democrat Donna Shalala, President Bill Clinton’s former health secretary and former president of the University of Miami, is trying to win an open Republican-held seat in a district Clinton won by 20 points. But she has run into a stiff challenge from Republican Maria Elvira Salazar, a popular journalist on Spanish-language TV.

Karen Handel

Meanwhile, in suburban Atlanta, Republican U.S. Rep. Karen Handel — who won her seat in a sensational 2017 special election in which $50 million was spent — is in a tight race with Democrat Lucy McBath, a gun control advocate whose son died in a racially charged shooting.

In Virginia, U.S. Rep. Dave Brat, the giant-killer who ousted former House Majority Leader Eric Cantor in a 2014 primary, is being challenged by Abigail Spanberger, a former CIA operative.

In North Carolina, three Republican incumbents find themselves in competitive races — George Holding, Richard Hudson and Ted Budd — and the GOP is trying to keep control of an open seat in metro Charlotte.

The news is better in Alabama, Mississippi, Louisiana and Tennessee, where Republican incumbents are all expected to survive without any trouble.

See ChickenFriedPolitics.com’s latest ratings for hot U.S. House races.

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Insight: Donna Shalala poised to follow Hillary playbook and lose an unloseable race

Lack of Latino connection, combined with 2018’s worst political gaffe, could keep Florida’s 27th District in GOP hands

♦By Rich Shumate, ChickenFriedPolitics.com editor

MIAMI (CFP) — Miami Democrats may be about to learn that hard way that even in a race where the odds seem decidedly in your favor, your candidate and her campaign matter. A lot.

ChickenFriedPolitics.com editor Rich Shumate

On paper, Florida’s 27th U.S. House District should have been an easy layup for Democrats. Ileana Ros-Lehtinen, a fixture in Cuban-American politics for more than three decades, was retiring. Hillary Clinton carried the district by 20 points, giving the 27th the distinction of being the location of Donald Trump’s worst loss in a Republican-held congressional district anywhere in the country. And younger Cuban voters have been showing less fealty to the GOP in recent election than did their ferociously anti-communist elders.

Yet, despite all that, when the smoke clears on November 6, there is a very good chance that the new congresswoman from the 27th District will be a Republican, and a race Democrats thought they couldn’t lose will be lost.

So what happened? Donna Shalala happened.

After months of ambitious Miami-Dade Democrats plotting and jockeying for position in what was assumed to be a wide-open race for a sure seat in Congress, Shalala big-footed her way into the contest in March, deciding to enter elective politics at age 77 after a career spent in academia and eight years as Bill Clinton’s health secretary and two years as head of his foundation.

She instantly became the “big name” in the race and the favorite. Three Democratic rivals withdrew; another switched to a congressional race in another district.

Among the candidates who withdrew was popular State Senator José Javier Rodríguez, and his departure left Democrats with a handicap that has since turned into an albatross — he had been the only Latino Democrat running in a district in which seven out of 10 residents, and nearly six in 10 voters, are Latino.

In the end, the Democratic primary in August came down to a race between Shalala and State Rep. David Richardson, the first openly gay man to serve in the Florida legislature. She won, but with only 31 percent of the vote against a field of four rivals.

Meanwhile, in the Republican primary, Maria Elvira Salazar — running against eight rivals — was taking 40 percent of the vote, and her total vote was nearly 1,700 more than Shalala’s total, even though more people had voted in the Democratic primary than the Republican primary.

Salazar is no Trump-loving ideologue. As a journalist for 35 years, she has pushed back against the president’s characterization of the news media as the enemy of the people, and she is for immigration reform and a pathway to citizenship for Dreamers and against separating migrant families at the U.S.-Mexico border.

And perhaps more significantly, Salazar has three qualities Shalala can’t match: She’s a Latina. She speaks Spanish. And she has deep roots in Miami, where she was born and has been in the living rooms of her Latino constituents as an anchor and reporter on Spanish-language television.

Shalala’s inability to speak Spanish has given Salazar the advantage of being able to speak to Latino constituents in the district in their own language. And while someone entering a race in March probably can’t be expected to be fluent in October, those constituents probably found it telling that Shalala has lived in a bilingual city for 17 years, and served as president of its namesake university, without bothering to enough Spanish to give a simple speech. (Even George W. Bush speaks enough Spanish to make do in a pinch.)

More inexplicable was the decision by Shalala’s campaign not to begin running Spanish language ads until mid-October, an egregious oversight in a district where Spanish is ubiquitous.

And then, the campaign invited Democratic U.S. Rep. Barbara Lee appear at an event with Shalala and House Minority Leader Nancy Pelosi.

The same Barbara Lee who said, after Cuban dictator Fidel Castro died, “we need to stop and pause and mourn his loss.” The same Barbara Lee who wrote lobbied against placing sanctions on the socialist dictatorship in Venezuela, many of whose victims have sought refuge in Miami.

Shalala’s campaign managed to extricate themselves from Lee actually appearing, but the damage was already done. When Pelosi and Shalala arrived at a Miami restaurant for the October 18 event, they were greeted by protestors calling them “communists” and “witches” — and much worse that isn’t printable here.

After news broke of Lee’s aborted visit, Salazar and Shalala met in a Spanish-language debate, where Shalala had to rely on an interpreter for the particulars of a rather vigorous denunciation from her Republican rival — a scene that summed up all that has gone wrong for Democrats in the 27th District.

There is a curious echo here: A woman with an impeccable resume handed a Democratic nomination on the basis of her presumed invincibility, only to see it turn to ashes thanks to personal deficiency and questionable strategy.

After 2016, Democrats waxed wistful of the might-have-beens if Vice President Joe Biden or another big name Democrat had challenged Hillary Clinton for the nomination in 2016. If Shalala loses, we will see the same wistfulness for a different outcome with Rodríguez, or even Richardson who, although not Latino, has won election twice to a majority-Latino Florida House seat.

Perhaps Shalala will squeak through in the end. If so, she’ll have some serious fences to mend, not to mention a new language to learn.

But if she loses, Miami Democrats will have created a new Republican political star who will be exceedingly difficult to dislodge.

Your candidate and her campaign matter. A lot.

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