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4 Southern GOP senators defy Trump on border emergency; North Carolina’s Thom Tillis makes about face to support president

Rubio, Paul, Wicker and Alexander break with Trump in voting to overturn emergency declaration

♦By Rich Shumate, ChickenFriedPolitics.com editor

WASHINGTON (CFP) — With the support of four Southern Republicans and all four Southern Democrats, the U.S. Senate has voted to overturn President Trump’s declaration of a national emergency in order to find money for a barrier along the U.S.-Mexico border.

U.S. Senator Thom Tillis

But one GOP senator who had come out publicly in favor of overturning the declaration — Thom Tillis of North Carolina — reversed course and voted no, after intense lobbying from the White House and an avalanche of criticism from Trump partisans back home.

Trump has vowed to veto the resolution overturning the declaration, which passed by a 59-41 margin in the Republican-controlled Senate on March 14. The House passed it in late February by a vote of 254-182.

However, opponents of the declaration do not have enough support in either House to override Trump’s veto, which will be the first of his presidency.

The four Southern Republicans who broke the with president were Rand Paul of Kentucky, Marco Rubio of Florida, Roger Wicker of Mississippi, and Lamar Alexander of Tennessee.

All four Southern Democrats in the Senate also voted yes — Mark Warner and Tim Kaine of Virginia, Joe Manchin of West Virginia, and Doug Jones of Alabama.

Frustrated by the unwillingness of the Democrat-controlled House to vote money for the border wall, Trump declared a national emergency on February 15, which will allow him to shift $8 billion from other federal programs and use it for wall construction. Most of the money will come from appropriations for military construction and drug interdiction.

Alexander

In a floor speech before the vote, Alexander said he objected to Trump’s use of an emergency declaration to provide border wall funding after Congress failed to appropriate the money.

“The problem with this is that after a Revolutionary War against a king, our nation’s founders gave to Congress the power to approve all spending so that the president would not have too much power. This check on the executive is a crucial source of our freedom,” Alexander said.

Rubio

Rubio said he agreed with Trump that an emergency exists at the border but said he objected to shifting money out of the military construction budget to finance the border barrier.

“This would create a precedent a future president may abuse to jumpstart programs like the Green New Deal, especially given the embrace of socialism we are seeing on the political left,” he said in a statement on Twitter.

Paul and Wicker also cited constitutional considerations as the reason for their vote to overturn the declaration.

Wicker

Paul

“I stand with President Trump on the need for a border wall and stronger border security, but the Constitution clearly states that money cannot be spent unless Congress has passed a law to do so,” Paul said in a statement.

Wicker said he regretted “that we were not able to find a solution that would have averted a challenge to the balance of power as defined by the Constitution.”

“The system of checks and balances established by the Founders has preserved our democracy. It is essential that we protect this balance even when it is frustrating or inconvenient,” he said in a statement.

Tillis made a splash when he published an op-ed piece in the Washington Post on February 25 saying he would vote to overturn the emergency declaration because it would set a precedent that “future left-wing presidents will exploit to advance radical policies that will erode economic and individual freedoms.”

Tillis faced an avalanche of criticism from the president’s supporters in the Tar Heel State and was facing the likelihood of a primary challenge in his 2020 re-election race.

“A lot has changed over the last three weeks — a discussion with the vice president, a number of senior administration officials … a serious discussion about changing the National Emergencies Act in a way that will have Congress speak on emergency actions in the future,” Tillis said.

Republican senators had considered changing the National Emergencies Act to make it more difficult to declare emergencies in the future, but the plan faltered when House Democrats came out against it.

Tillis said he concluded that the crisis at the border was sufficiently serious to warrant the emergency declaration.

“We have narcotics flooding our country, poisoning our children and adults of all ages, and a lot of it has to do with the porous border and the seemingly out of control crossings,” Tillis said.

But Democrats back home pounced on Tillis for his change of heart.

“Tillis again reminded the entire state who he is — a spineless politician who won’t keep his promises and looks out for himself instead of North Carolina,” said Democratic Party spokesman Robert Howard in a statement.

Rubio and Paul do not face re-election until 2022; Wicker’s current term lasts through 2024.

Among the Democrats who voted against Trump, Jones is the only one who is running for re-election in 2020. Warner isn’t up for re-election until 2022, and Manchin and Kaine’s current terms last through 2024.

Jones is considered among the most vulnerable Democrats up for election in 2020, in a state where Trump remains popular.

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Decision ’18: U.S. Senator Cindy Hyde-Smith wins special election runoff in Mississippi

Hyde-Smith, appointed to the seat in April, defeats Democrat Mike Espy

JACKSON, Mississippi (CFP) — After a racially charged three-week runoff campaign, Republican U.S. Senator Cindy Hyde-Smith has held on to her seat in Mississippi, defeating Democrat Mike Espy in the nation’s last remaining Senate contest.

U.S. Senator Cindy Hyde-Smith

With Hyde-Smith’s win, Republicans will hold 53 seats in the next Senate, to 45 for Democrats and two independents who caucus with the Democrats.

Hyde-Smith took 54 percent in the November 27 vote to 46 percent for Espy, a former congressman who was trying to make a return to politics after a 20-year absence. She is the first woman ever elected to the Senate from the Magnolia State.

“The reason we won is because Mississippians know me and they know my heart,” Hyde-Smith told supporters in Jackson. “This victory, it’s about our conservative values.”

In his concession speech at the Mississippi Civil Rights Museum in Jackson, Espy told supports that his showing — the best by a Democrat in a Senate race in the state in 30 years — was “the beginning, not the end” of efforts to change Mississippi’s politics.

“When this many people show up, when this many people stand up, when this many people speak up, it is not a loss. It is a moment,” he said.

Hyde-Smith and Espy were facing in a special election to fill the remaining two years of the term of Republican Thad Cochran, the Mississippi icon who resigned in April due to ill health. She was appointed by Governor Phil Bryant to serve in the Senate temporarily until voters picked a permanent replacement in the special election.

During both the primary and special election, Hyde-Smith enjoyed the support of President Donald Trump, who tweeted on her behalf and made two appearances in the state on the day before the runoff vote.

Hyde-Smith, 59, from Brookhaven, was Mississippi’s agriculture commissioner until being appointed to the Senate. She was originally elected to the state Senate in 2000 as a Democrat but switched parties in 2010.

Espy, 64, from Jackson, served three terms in the U.S. House before being picked by President Bill Clinton as agriculture secretary in 1993.

During the first round of voting November 6, Hyde-Smith and Espy tied at 41 percent, with another Republican in the race, State Senator Chris McDaniel, coming in third.

Given the state’s overwhelming Republican tilt, Hyde-Smith was seen as a prohibitive favorite in the runoff. Indeed, McDaniel, who nearly beat Cochran in 2014, was seen as the biggest hurdle to her continued tenure in the Senate. However, she became ensnared in a series of controversies during the runoff campaign that gave Democrats hope for an upset.

Five days after the first election, a video surfaced in which Hyde-Smith is heard telling a supporter that if he invited her to a public hanging, she would be in the front row. She insisted the remark was a joke, but her critics charged it was a racially insensitive remark to make in a state with a history of lynchings of African-Americans.

During their only campaign debate, Hyde-Smith apologized “to anyone who was offended by my comments,” insisting there was “no ill will” and that her record as senator and agriculture commissioner shows she harbors no racial animus.

“This comment was twisted, and it was turned into a weapon to be used against me — a political weapon used for nothing but personal, political gain by my opponent,” she said.

Another video surfaced November 15 in which Hyde-Smith says it would be a “great idea” to make it more difficult for liberals to vote, which her campaign insisted was a joke made to supporters and not advocacy of voter suppression.

Then a week before the runoff, news organizations began reporting on a photo posted in 2014 on Hyde-Smith’s Facebook account, where she is seen donning a Confederate cap and carrying a rifle while visiting Jefferson Davis’s home in Biloxi.

The Jackson Free Press also reported that Hyde-Smith had attended a high school in the 1970s originally founded to allow white parents to avoid sending their children to segregated schools.

Hyde-Smith’s campaign accused news organizations of practicing “gotcha” journalism in an attempt to paint her as a racist. But the controversies put race front and center in the campaign, in the state with the largest African-American population in the country.

The election results illustrated those racial divisions. Espy easily carried Jackson and the majority African-American counties in the Mississippi Delta; Hyde-Smith won lopsided victories in majority white areas — up to 80 percent in some counties in the northeastern and southeastern corners of the state.

With Hyde-Smith’s victory, Republicans will hold 24 out of the 28 Senate seats in the South, to just four Democrats — Mark Warner and Tim Kaine in Virginia, Joe Manchin in West Virginia, and Doug Jones in Alabama.

Only one Senate seat changed hands in 2018 — in Florida, where Republican Governor Rick Scott defeated the Democratic incumbent, Bill Nelson.

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Decision ’18: Democrat Bill Nelson concedes defeat in Florida U.S. Senate race

Republican Governor Rick Scott will move from Tallahassee to Washington after winning recount

♦By Rich Shumate, ChickenFriedPolitics.com

TALLAHASSEE (CFP) — After protests, a flurry of lawsuits and two recounts, Democratic U.S. Senator Bill Nelson has conceded defeat to Republican Governor Rick Scott, possibly bringing the curtain down on a political career that spanned more than four decades and included a trip into space.

Scott’s victory means there will be just four Democrats among the 28 senators representing Southern states, down one from the last Congress. And Florida will have two Republican senators for the first time since Reconstruction in 1875.

In a video released by his campaign, Nelson said that while he lost the Senate race, “I by no means feel defeated, and that’s because I’ve had the great privilege of serving the people of Florida and our country for most of my life.”

“It’s been a rewarding journey as well as a very humbling experience,” he said.

He also made a plea for more civility to combat “a gathering darkness” in American political life.

“We have to move beyond a politics that aims not just to defeat but to destroy, where truth is treated as disposable,” he said.

Scott, who has now won three consecutive statewide elections by thin margins, issued a statement thanking Nelson “for his years of public service.”

Nelson’s concession came after a machine recount of ballots in all 67 counties and a hand recount of ballots with under-votes or over-votes in the Senate race did not overturn Scott’s margin of victory.

Scott defeated Nelson by just 10,033 votes, out of nearly 8.2 million cast.

Scott had led on election night, but late reports of ballots from Democratic-leaning Broward and Palm Beach counties began narrowing the lead. Both Scott and President Donald Trump suggested that fraud was occurring in both counties, although evidence seemed to point to mismanagement rather than deliberate malfeasance.

In the following days, both campaigns went to court, and protests erupted outside elections offices in Broward — scenes reminiscent of the recount battle that erupted in the Sunshine State after the 2000 presidential election.

Nelson’s last hope was turning up uncounted ballots in Broward, where 25,000 fewer people voted in the Senate election than in the race for governor. But the hand recount confirmed that those ballots were indeed under-votes, which could have been caused by a flawed ballot design.

In Broward, the Senate race was listed at the bottom of a column underneath voting instructions, which could have resulted in some voters not seeing it.

Florida Governor Rick Scott

Scott, 65, went into politics after building a fortune in the health care industry. Financial disclosure reports put his net worth at around $250 million.

He won the governorship in 2010 with a margin of just 1.2 percent and won re-election in 2014 in an even closer race, 1 percent. His margin over Nelson in the Senate race was narrower still, 0.12 percent.

Scott’s win means Republicans will have at least 52 seats in the next Senate to 47 for Democrats, a net pickup of two seats. One seat remains to be decided in Mississippi, where Republicans are favored.

U.S. Senator Bill Nelson of Florida

Nelson, 76, won his first election, to the Florida House, in 1972. He served 12 years in the U.S. House and six years as Florida’s insurance commissioner before winning election to the Senate in 2000.

In 1986, while a sitting member of the House, Nelson went into space as a payload specialist on the space shuttle Columbia. His district included the Kennedy Space Center.

Just 10 days after his return, a different space shuttle, Challenger, exploded during launch, which ended NASA’s program of sending civilians into space.

With Nelson’s defeat, the only Democrats representing Southern states will be Mark Warner and Tim Kaine in Virginia, Joe Manchin in West Virginia, and Doug Jones in Alabama.

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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: Four Southern U.S. Senate races are key in battle for control

Republicans are defending seats in Texas and Tennessee; Democrats in Florida and West Virginia

♦By Rich Shumate, ChickenFriedPolitics.com editor

(CFP) — With the balance of power in the U.S. Senate hanging in the balance, voters in four Southern states will decide hotly contested races in Tuesday’s midterm elections.

Republicans are defending seats in Texas and Tennessee that have turned out to be much more competitive than expected in two very Republican states. Meanwhile, Democratic incumbents are defending turf in Florida and West Virginia, states which President Donald Trump carried in 2016.

Another Senate seat is up in Virginia, where Democratic U.S. Senator Tim Kaine is favored to win re-election. Both seats are up this year in Mississippi, and Republican candidates are favored to hold both.

In Texas, Republican U.S. Senator Ted Cruz is seeking a second term against Democratic U.S. Rep. Beto O’Rourke, a race in which the challenger has sparked the imagination of Democratic activists around the country.

Cruz, who came in second to Trump in the 2016 Republican presidential nomination, was heavily favored for re-election at the beginning of 2018. But O’Rourke — trying to take advantage of a changing political electorate in fast-growing Texas, including more younger and Latino voters — has made the race competitive, even though Texas hasn’t elected a Democrat to the Senate in 30 years.

O’Rouke has raised more than $70 million for the race, the largest haul of any Senate candidate this cycle, according to Federal Election Commission records. Cruz has raised $40 million.

Despite Cruz’s often contentious relationship with Trump during the 2016 presidential primaries, which famously included Trump dubbing him “Lyin’ Ted,” the president has gone all out for Cruz in this race, even traveling to Houston for a campaign rally.

In Tennessee, Republican U.S. Rep. Marsha Blackburn is vying with former Democratic Governor Phil Bredesen for a seat which opened after the retirement of U.S. Senator Bob Corker, one of Trump’s strongest critics in Congress.

After first rebuffing calls for him to run after Corker announced he was leaving the Senate, Bredesen changed course last December and jumped into the race, giving Volunteer State Democrats a shot at capturing the seat behind the candidacy of a popular two-term moderate.

But Blackburn has fought back by trying to tie Bredesen to national Democratic leaders who are unpopular in Tennessee, in particular Hillary Clinton and Senate Minority Leader Chuck Schumer of New York.

Republicans currently have  a slim one-vote majority in the Senate. However, because Democrats are defending more seats this cycle than Republicans, it is unlikely they can capture a Senate majority — and depose Kentucky’s Mitch McConnell as Senate majority leader — without winning in either Texas and Tennessee.

In Florida, Democratic U.S. Senator Bill Nelson is facing off against Republican Governor Rick Scott, who has served as the Sunshine State’s chief executive for the past eight years.

Nelson, who first arrived in Congress during the Carter administration, is a proven vote-getter seeking his fourth term. Scott’s two wins for governor were narrow, although his approval ratings have ticked up during the final year of his administration.

Florida is more evenly divided than either Texas or Tennessee, generally sending one senator from each party to Washington since the 1980s. Trump’s win in Florida in 2016 was by a single point, compared to a 9-point win in Texas and a 26-point win in Tennessee.

In West Virginia, Democratic U.S. Senator Joe Manchin was seen as particularly vulnerable given Trump’s 40-point win in the Mountaineer State. But Machin kept himself in contention by avoiding criticism of the president and supporting him on a number of high-profile issues, including both of Trump’s Supreme Court picks.

Manchin may have also benefited from the Republicans’ selection of a standard-bearer — State Attorney General Patrick Morrisey, who grew up in New Jersey, has only lived in West Virginia since 2006 and spent nearly a decade as a Washington lobbyist.

The folksy Manchin, a West Virginia native who served as governor before being elected to the Senate, has made much of that contrast. Morrisey has responded much the way Blackburn has in Tennessee — by trying to tie the incumbent to liberal establishment Democrats.

In Mississippi, both Senate seats are up this year due to the retirement of former U.S. Senator Thad Cochran. One race is a special election to fill the remainder of Cochran’s term; the other is for the seat occupied by Republican U.S. Senator Roger Wicker.

While Wicker is heavily favored over his Democratic challenger, State House Minority Leader David Baria, the special election features a three-way race in which candidates from all parties will compete and a runoff held between the top two vote-getters if no one captures a majority.

The special election is a three-way contest between Republican U.S. Senator Cindy Hyde-Smith, Cochran’s temporary replacement; Republican State Senator Chris McDaniel, who lost a bitter primary against Cochran in 2014; and Democrat Mike Espy, a former congressman who served as secretary of agriculture in the Clinton administration.

Depending on how evenly the Republican vote is divided, the top GOP candidate could face Espy in a November 27 runoff. But polls have showed Hyde-Smith with a wide lead over McDaniel, which could be enough for her to win the seat outright on Tuesday.

Although McDaniel was a vocal supporter of Trump in 2016, the president snubbed McDaniel and endorsed Hyde-Smith, who had been a Democrat until 2010. McDaniel has charged that Trump was “forced” into making the endorsement by Senate Republican leaders.

In Virginia, Kaine is facing Corey Stewart, chairman of the Prince William County Board of Supervisors, who served as Trump’s Virginia coordinator in 2016.

When he kicked off his campaign in July 2017, Stewart vowed to “run the most vicious, ruthless campaign” that he could against Kaine. However, public polling in the race has shown that strategy has failed to gain traction, and Kaine enjoys a wide lead.

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

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West Virginia U.S. Senator Joe Manchin breaks with party to support Kavanaugh confirmation

Manchin’s decision all but ensures that President Trump’s nominee will get seat on U.S. Supreme Court

♦By Rich Shumate, ChickenFriedPolitics.com editor

WASHINGTON (CFP) — U.S. Senator Joe Manchin of West Virginia says he will vote to confirm Brett Kavanaugh to the U.S. Supreme Court, the only Senate Democrat to break with his party to support President Trump’s embattled nominee.

U.S. Senator Joe Manchin

Manchin’s decision virtually ensures that Kavanuagh will be confirmed when the Senate takes a final vote on the nomination, a week after the jurist angrily denied allegations that he sexually assaulted a girl when they were teenagers in the 1980s.

The vote on the nomination was delayed a week while the FBI investigated the allegations.

In a statement announcing his decision, Manchin said he has “reservations about this vote given the serious accusations against Judge Kavanaugh and the temperament he displayed in the hearing.”

“My heart goes out to anyone who has experienced sexual assault,” Manchin said. “However, based on all the information I have available to me, including the recently concluded FBI report, I have found Judge Kavanaugh to be a qualified jurist who will follow the Constitution and determine cases based on the legal findings before him.”

But Machin also said he hoped Kavanaugh “would not let the partisan nature this process took follow him on to the court.”

After supporting Kavanaugh in a procedural vote, Manchin had to make he way past a crowd of angry protestors inside the Capitol.

Machin is the only Democratic senator to support Kavanaugh. His vote became more important for the confirmation after one of the Senate’s 51 Republicans, Lisa Murkowski of Alaska, announced that she would vote no.

Four other Southern Democrats opposed the nomination — Mark Warner and Tim Kaine of Virginia, Bill Nelson of Florida, and Doug Jones of Alabama. All 23 Southern Republicans supported Kavanaugh’s confirmation.

Machin — running for re-election in November in a state Trump carried by 40 points in 2016 — was under considerable pressure to back Kavanaugh.  He previously supported Trump’s first nominee to the court, Neil Gorsuch.

Polls have consistently shown Manchin with a lead over his Republican opponent, Attorney General Patrick Morrisey.

On Twitter, Morrisey accused Manchin of making “a craven political calculation” in supporting Kavanaugh and said he “owes West Virginia an apology for watching, doing nothing, as Democrats sought to destroy Judge Kavanaugh.”

Nelson and Kaine are also up for re-election in November; Warner and Jones will be on the ballot in 2020.

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Don Blankenship denied ballot slot in West Virginia U.S. Senate race

Secretary of state says “sore loser” law prevents Blankenship from running as a minor-party candidate after losing GOP primary

♦By Rich Shumate, ChickenFriedPolitics.com editor

CHARLESTON, West Virginia (CFP) — Don Blankenship will not be allowed to run as the Constitution Party’s U.S. Senate candidate in West Virginia in November because of a state law that prohibits candidates who lose major-party primaries from making minor-party bids, the state’s top election official has decided.

Don Blankenship

The ruling by Secretary of State Mac Warner is a victory for Mountaineer State Republicans, who feared a third-party bid by Blankenship would siphon off votes from their nominee, Attorney General Patrick Morrisey, who is trying to unseat Democratic U.S. Senator Joe Manchin.

However, Blankenship has indicated he would challenge any attempt to keep him off the ballot, and Warner has already hired outside legal counsel for the expected court fight.

Blankenship, the former CEO of Massey Energy, spent a year in federal prison for violating mine safety regulations after 29 miners died in an explosion in his company’s Upper Big Branch Mine in 2010, the deadliest U.S. mine accident in the last 40 years.

Insisting that he was unfairly prosecuted by the Obama Justice Department, he launched a campaign for the Republican nomination for Manchin’s Senate seat. His candidacy unsettled GOP leaders, who feared his nomination would hand Manchin an easy re-election.

During the campaign, Blankenship carried on a nasty public feud with the top Republican in the Senate, Majority Leader Mitch McConnell, even airing a TV ad calling him “Cocaine Mitch,” a spurious charge based on a report that cocaine had been found on a ship belonging to a shipping company owned by the family of McConnell’s Chinese-American wife, Transportation Secretary Elaine Chao.

President Donald Trump also intervened before the May primary, urging his supporters not to vote for Blankenship, even though he had fashioned himself as an enthusiastic supporter of the president.

After finishing third in the Republican primary, Blankenship refused to endorse Morrisey and later accepted an offer from the Constitution Party to be its nominee. Because the party is not recognized as an official party in West Virginia, Blankenship then had to collect at least 4,400 signatures to get on the ballot.

In a July 26 letter to Blankenship, Warner, a Republican, said that while Blankenship did collect enough petition signature to qualify as the Constitution Party’s candidate, his certification was being denied state law does not allow candidates who lose a primary to change their registration to run as a member of a third party.

West Virginia is one of 40 states with “sore loser” or “sour grapes” laws that prohibit primary losers from trying to run in a general election.

Blankenship’s effort to get into the general election after running into primary difficulty is not without precedent in recent U.S. Senate elections.

In 2006, then-U.S. Senator Joe Lieberman of Connecticut created his own party to run in the general election after losing a Democratic primary. He won in November.

In 2010, in Florida, then-Governor Charlie Crist ran for the Senate as a Republican but switched to an independent candidacy after it was clear he would be unlikely to win the GOP primary against Marco Rubio. Rubio won that race; Crist was elected to the U.S. House in 2016.

Manchin — running for re-election as a Democrat in a state Trump won by 40 points in 2016 — is at the top of the Republicans’ target list. However, recent public polling has consistently shown him with a lead over Morrisey

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