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Thursday, June 4, 2026

CA Election Problems: Slow Count and Top Two

Our most recent book is The Comeback: The 2024 Elections and American Politics. It includes a chapter on congressional and state elections.

California sends mail ballots to every registered voter and allows the counting of ballots postmarked by election day even if they arrive a week later.  This process helps explain why the state's vote count is slow.  Despite the total lack of evidence for significant cheating,  the slow count gives Trump an occasion to spread lies about election fraud.



Seth Masket:

As of this writing, the California governor’s race appears to be going to a November runoff between Democrat Xavier Becerra and Republican Steve Hilton. As in the 2020 presidential race, Democratic billionaire Tom Steyer ran a spirited campaign but came up short, and will likely Back Dat Azz Up into obscurity once again. As such, this looks like a “normal” primary, producing a nominee for each major party that the electorate can weigh in on. But California’s top-two system is still problematic here, and very easily could have produced a perverse and chaotic outcome for the state.

Definitely check out Jonathan Bernstein’s piece roasting the top-two system — I largely agree with what he says. But I want to stress a bit on party coordination, something notably lacking on the Democratic side in this contest.

Top-two primary elections are not “primaries” in any sense except that they come first. In common usage, a primary is a way for a party to decide on a nominee by turning to the party’s voters. California’s system does not do that. Rather, it is a June election among all the candidates, with the two top vote-getters going to a runoff election in November, even if they’re from the same party.

Usually, this looks similar to what you’d get in a more conventional primary election system, with a Democrat and a Republican going to the runoff. But once in a while, you get a Democrat-Democrat or a Republican-Republican runoff. Eric McGhee and Mark Baldassare at the Public Policy Institute of California ran the numbers and found that at least 18 state legislative or congressional contests have ended up in a same-party runoff each election cycle since the top-two system was adopted. (Such races have helped to modestly reduce polarization in the state legislature.) Usually that doesn’t matter much for representation purposes; it’s the same-party runoff in a district dominated by that party.

However, as McGhee and Baldassare note, there have been eight same-party runoffs in districts that lean toward the other party, and seven of those were two Republicans facing off in a Democratic-leaning district. That is, the top-two system created multiple situations where a Republican ended up representing a Democratic-majority district. (That doesn’t have an enormous impact in a state where Democrats have such large majorities, but imagine that happening in a statewide office like governor.)


Tuesday, June 2, 2026

Bag of Tricks

Our most recent book is The Comeback: The 2024 Elections and American Politics. It includes a chapter on congressional and state elections.

Monday, June 1, 2026

Feds Losing Legal Talent

Our new book is The Comeback: The 2024 Elections and American Politics. The first year of the second Trump administration has been full of ominous developments

Eileen Sullivan and Andrea Fuller at NYT:

President Trump’s upheaval of the federal government has led to an exodus of more than 10,000 lawyers since the beginning of 2025, a striking loss of legal talent that has left some agencies pushing to find attorneys to carry out his agenda.

Roughly one in five lawyers who worked in the government at the end of 2024 had left by March of this year, according to a New York Times analysis of federal employment data.

Along with the usual retirements and turnover in the federal work force, the last year saw deep staffing cuts and the resignations of some staff members who objected to Mr. Trump’s policies. Their departures show how rapidly the president has eroded the image of the federal government as the gold standard for lawyers seeking public service roles.

Instead, many of those looking for such work are flocking to the offices of Democratic state attorneys general and nonprofits that are challenging administration policies in the courts, boosting Mr. Trump’s opponents with seasoned lawyers.


Sunday, May 31, 2026

The Wounded Bear Caucus

Our most recent book is The Comeback: The 2024 Elections and American Politics. It includes a chapter on congressional and state elections.  For the rest of the 119th Congress, Trump's victories in Senate primaries will lead to defeats in Senate roll call votes.

The group of senators willing to break with Trump in his second term started with moderates Susan Collins of Maine and Lisa Murkowski of Alaska, as well as former party leader Mitch McConnell and libertarian Rand Paul, both of Kentucky. It has expanded to what some senators call the “wounded bear caucus” of colleagues forced into retirement by the president: Cornyn and Cassidy, plus Thom Tillis of North Carolina, who decided to step aside after Trump made clear he wouldn’t support him.

Cornyn is the newest member. Trump endorsed Cornyn’s primary runoff opponent, scandal-plagued state Attorney General Ken Paxton, stunning colleagues and helping fuel a rout in the contest on Tuesday—the incumbent lost by more than 25 percentage points. Cornyn said he would back the nominee, and party leaders fell in line, saying they would support Paxton to preserve the party’s 53-47 majority in the Senate. But the ill will isn’t going away.

In a post on social media Friday, Cornyn related the tale of the frog and the scorpion, calling it an “old, but apt fable” and presumably a jab at Trump. (Cornyn’s office declined to comment.) The scorpion asks the frog to carry it across the river, then stings the frog and they both drown—despite the scorpion knowing that would happen. “I am sorry, but I couldn’t help myself. It’s my character,” Cornyn recounts the scorpion saying.

Cassidy, in the interview, had his own thoughts on the Texas race. Paxton, he said, “is someone who Trump probably relates to in terms of all those ethical challenges—Cornyn is not.”

Thursday, May 28, 2026

Bad Economic News

Our new book is The Comeback: The 2024 Elections and American Politics. The first year of the second Trump administration has been full of ominous developments

IndexBox:

The U.S. Bureau of Economic Analysis reported on May 28, 2026, that personal income edged down by less than $0.1 billion in April, a decline of less than 0.1 percent on a monthly basis. Disposable personal income, which subtracts personal current taxes from total income, fell by $19.9 billion, or 0.1 percent. Meanwhile, personal consumption expenditures rose by $111.1 billion, a 0.5 percent monthly gain. 

Wednesday, May 27, 2026

Texas Day

Our most recent book is The Comeback: The 2024 Elections and American Politics. It includes a chapter on congressional and state elections.

Trump endorsed Ken Paxton for the Senate.

Andrew Howard at Politico:
Paxton officially ousted Sen. John Cornyn in the GOP runoff by a hefty margin, after top Republicans in Washington lit $100 million on fire burning the man they now have to embrace for the incumbent they thought would be the better bet in the general election.

That rescue mission for Cornyn officially failed on Tuesday, but Trump had already sealed his fate when he endorsed Paxton last week. Now, those same Republicans who have spent months attacking the scandal-plagued Paxton are coming around. Grudgingly.

The NRSC, which backed Cornyn, scrubbed its social media and website of anti-Paxton posts.

In a statement on Tuesday, the committee led by Sen. Tim Scott (R-S.C.) said the state “isn’t going to elect James Talarico,” the Democratic nominee, while attacking his record. Missing from the statement, notably, was any mention of Paxton by name, as well as any formal commitment to spending on his behalf. The Sen. John Thune-aligned super PAC Senate Leadership Fund, whose affiliated nonprofit poured millions into ads for Cornyn and attacking Paxton, had made no public comments as of 12:30 a.m. Eastern, hours after the race was called.

Texas GOP Gov. Greg Abbott, who has had an occasionally rocky relationship with the attorney general, congratulated Paxton on X, but his public statement on Instagram focused on the broader GOP ticket, calling for Republicans to “crush socialist Democrats’ dream of turning Texas blue” and promising that a “united Republican Party will drive victory.”

Other GOP-aligned groups are jumping right in for their nominee. The powerful Club for Growth Action immediately lent its endorsement, and one of its aligned-PACs quickly dropped an ad that repeatedly mocks Talarico as a “woke weirdo.”

And the Akin ploy is alive and well.

Ben Kamisar at NBC:

Democrat Johnny Garcia has won his party’s primary in Texas’ 35th Congressional District, NBC News projects, defeating a rival whom party leaders had condemned for antisemitic comments as Democrats look to compete in a district Republicans redrew to their benefit.

The district stretches from Austin to San Antonio, the result of Republican efforts to combine two Democratic seats into one and create a new district leaning their way. Donald Trump carried the district by about 10.5 points in 2024.

Despite that result, there are signs the district could be competitive in the general election, including $1 million in spending from an opaque outside group aimed at boosting Garcia’s opponent, sex therapist Maureen Galindo, despite the controversies dogging her. Punchbowl News reported that the super PAC, Lead Left PAC, had links to a GOP fundraising platform.

Tuesday, May 26, 2026

Malevolence Tempered by Incompetence: DOJ Edition

 Our new book is The Comeback: The 2024 Elections and American Politics. The second Trump administration is off to an ominous start. Its incompetence sometimes compounds the harm it does, but it sometimes tempers it.

 Alan Feuer at NYT:

In the past several months, prosecutors have repeatedly failed to persuade grand juries that the cases they have brought warrant criminal charges. And if it were not unusual enough, they have also been admonished at least three times since last November by federal judges who have accused them of misconduct.

The latest setback came in Chicago, where a judge cited a remarkable list of grand jury errors in a case that was dismissed against four Democratic activists about to face trial for impeding the police during a protest last fall at a suburban immigration detention facility.

...

The government’s missteps were bad enough to necessitate tossing out the case against the critics of the president’s immigration plan just days before it was supposed to go to trial.

But the mistakes also pointed to a more important problem: As Mr. Trump has demanded more and more charges against those he perceives as his opponents, prosecutors have felt pressure to push weak cases through grand juries. And that, in turn, has led to an erosion in faith in the Justice Department by both the grand jurors themselves and the judges considering the cases.

...

Part of the problem, legal experts say, is that Mr. Trump has hired inexperienced loyalists to fill senior roles in the Justice Department even as hundreds of career prosecutors have departed — either by their own choice or because they were forced out for having worked on cases that ran afoul of the president.

Junior prosecutors typically attend a weeklong course on the ins and outs of working with grand juries, and often trail more seasoned colleagues before they take the lead in presenting cases. But leaders in politically appointed posts do not get the same kind or amount of training.

...

All of these examples of grand jury malfeasance come on top of the many cases in which Justice Department prosecutors have failed to get grand jurors to return indictments. Such failures — known as no true bills — used to be essentially unheard-of, given the amount of sway that prosecutors have in the grand jury room and the department’s adherence to a tradition of seeking charges only in cases with strong evidence.

But over the past year or so, there has been a flurry of no true bills in federal courts across the country. Most have occurred in cities like Los Angeles and Washington, where grand jurors have rejected several cases involving people accused of protesting the administration’s immigration crackdowns and surges in federal law enforcement.