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The Federal Tap: Primaries in four states and a U.S. House special election

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August 3, 2018Issue No. 124

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in federal politics last week. To see what happened in state and local politics, click here.

Monday, July 30

Eight states sue to block release of files used to produce firearms via 3D printers

  • The attorneys general of eight states (Connecticut, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, and Washington) and the District of Columbia filed suit in federal district court against the United States Department of State. The suit alleged that the Trump administration, in allowing for the dissemination of Computer Aided Design (CAD) files used for the manufacture of firearms by 3D printers, had violated the Administrative Procedure Act and the Tenth Amendment of the United States Constitution. The plaintiffs requested that the court invalidate the regulatory change and disallow the dissemination of the CAD files. On July 31, 2018, Judge Robert Lasnik, appointed to the United States District Court for the Western District of Washington by President Bill Clinton (D), granted a temporary restraining order barring the release of the CAD files pending further proceedings in the case.
    • On July 27, 2018, the Directorate of Defense Trade Controls, a division of the United States Department of State, published a temporary regulatory amendment allowing for the dissemination of the CAD files in question. This change was in accordance with a settlement agreement between the Department of State and Defense Distributed, a private nonprofit that possessed the CAD files and filed suit against the federal government, whose previous position had been to bar the dissemination of such files by including them on the United States Munitions List (USML) and making them subject to the International Traffic in Arms Regulations (ITAR). As part of the settlement, the federal government agreed to remove the CAD files from ITAR jurisdiction. Defense Distributed founder Cody Wilson argued that the prohibition violated his First Amendment right to free speech and Second Amendment right to bear arms.
    • This suit is one of at least 46 filed by the states against the federal government since Trump took office in January 2017. For more information on multi-state lawsuits against the federal government, see this article.

Kavanaugh meets with Sen. Manchin

  • Sen. Joe Manchin (D) met with Supreme Court nominee Brett Kavanaugh, becoming the first Democratic senator to do so.

Tuesday, July 31

John Conyers III will not appear on MI-13 ballot as an independent

  • Two months after being removed from the Democratic primary ballot for Michigan’s 13th District for not collecting enough petition signatures, John Conyers III, the son of former U.S. Rep. John Conyers Jr. (D), learned he could not appear on the general election ballot as an independent. According to Wayne County Clerk Cathy Garret, candidates are not allowed to run in a partisan primary and as an independent for the same office in a single year. This effectively ends the independent campaign Conyers III had been preparing.
  • Although Conyers III could still mount a write-in campaign, the decision all but guarantees his father’s seat will be held by someone outside the immediate Conyers family for the first time since 1964. Conyers’ great-nephew Ian Conyers is running (and was the one who originally challenged Conyers’ III Democratic primary petition signatures), but two recent polls have shown him in fifth place.
  • The polls showed a tight race between Detroit City Council President Brenda Jones, Westland Mayor Bill Wild, and former state Rep. Rashida Tlaib, each of whom has his or her own support base. Detroit community influencers and unions back Jones, who they see as their best chance to keep the majority-minority seat in the hands of a black Detroiter and maintain the strength of the Congressional Black Caucus. Progressive influencers like Justice Democrats, Our Revolution, and Alexandria Ocasio-Cortez back Tlaib, who would be the first Muslim woman to go to Congress. Wild is the only candidate from outside Detroit and, according to polling, draws his support from white voters outside the city limits.
  • Two Democratic primaries will be held on Aug. 7—one to decide the nominee for the 2019-2020 term in Congress and the other to decide the nominee for a concurrent Nov. 6 special election that will fill the rest of the 2017-2018 term John Conyers Jr. was serving before he resigned in December 2017 over sexual harassment allegations. No Republican qualified for the general election ballot in either race.

Federal judge blocks release of digital firearms blueprints

  • Judge Robert Lasnik of the U.S. District Court for the Western District of Washington issued a decision on July 31, 2018, that prevented the U.S. Department of State from allowing the nonprofit organization Defense Distributed to release digital blueprints online for the manufacture of firearms using a 3-D printer.
  • The State Department had reached a settlement with Defense Distributed in June 2018 to reverse an Obama-era regulation that prohibited the release of the blueprints in the interest of national security and foreign policy. Defense Distributed founder Cody Wilson argued that the prohibition violated his First Amendment right to free speech and Second Amendment right to bear arms.
  • State attorneys general in eight states and the District of Columbia filed the lawsuit against the State Department on July 30, 2018. The lawsuit alleges that the State Department violated the Administrative Procedure Act by failing to provide 30 days' notice of the regulatory reversal to the relevant congressional committees. The states further argue that the State Department failed to provide any analysis to support its decision to reverse the regulation. The lawsuit also claims that the regulatory change violates the Tenth Amendment by contradicting state-level firearms laws and potentially allowing for the manufacture and possession of firearms by unlawful individuals.
  • President Trump weighed in on the case via Twitter prior to Lasnik’s decision, stating, “I am looking into 3-D Plastic Guns being sold to the public. Already spoke to NRA, doesn’t seem to make much sense!”
  • Lasnik scheduled another hearing in the case for August 10, 2018, in order to further examine arguments related to the First Amendment.

Wednesday, August 1

Grassley says Kavanaugh confirmation vote will likely be held in October

  • Senate Judiciary Committee Chair Chuck Grassley (R) said Kavanaugh's hearings are likely to begin in September, with a confirmation vote in October at the latest.

Thursday, August 2

Tennessee primary review

  • Tennessee held its statewide primary election. In 2018, Ballotpedia is covering elections in Tennessee for U.S. Senate, nine U.S. House seats, governor, 18 of 33 state senate seats, and all 99 state house seats. Ballotpedia is also covering municipal elections in Davidson County and Shelby County and school board elections in seven counties. The general election will be held on November 6, 2018.
    • Former state Agriculture Commissioner John Rose (R) defeated former judge Bob Corlew (R), state Rep. Judd Matheny (R), and two other candidates in the Republican primary for Tennessee's 6th Congressional District. Incumbent Rep. Diane Black (R-Tenn.) ran for governor, leaving the seat open. This safe Republican district voted for Donald Trump by a margin of nearly 50 points in the 2016 presidential election.
    • Incumbent Rep. David Kustoff (R) defeated self-funding radiologist and broadcaster George Flinn Jr. (R) in a rematch for the Republican primary for Tennessee's 8th Congressional District. He first beat Flinn by 4 percentage points in a 13-candidate Republican primary field in 2016.

National Archives says it cannot complete Grassley’s request until October

  • The National Archives wrote a letter to Sen. Chuck Grassley saying it cannot complete a records request he made last week from Brett Kavanaugh’s time serving under the George W. Bush administration until October. The letter cited the amount of documents, which it estimated as 850,000 pages of email records, as the reason the request would take until October to fulfill.

Congress is in session

The Senate will hold pro forma sessions until it reconvenes on August 15. The House will be in recess until September 4.

SCOTUS is out of session

The Supreme Court has finished its argument scheduled for the term. To learn more about this term, read our review.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in federal politics this week. To see what happened in state and local politics, click here.

Tuesday, August 7

Kansas primary preview

  • Kansas’ statewide primary is on August 7. Ballotpedia is covering elections for four U.S. House seats, 11 state executive seats including governor, and all 125 state house seats. Ballotpedia will also cover primaries in Sedgwick County. The general election is November 6, 2018.
    • Three candidates named to the National Republican Congressional Committee’s “Young Guns” program compete in the Republican primary for Kansas’ 2nd Congressional District: Army veteran and engineer Steve Watkins (R) and State Sens. Caryn Tyson (R) and Steve Fitzgerald (R). Former Kansas House Speaker Doug Mays (R)—who carried this district in his 2014 gubernatorial bid against Sam Brownback (R)—is also running for the seat left open by incumbent Rep. Lynn Jenkins (R).
    • Six Democrats are running in a primary to challenge Rep. Kevin Yoder (R) in Kansas' 3rd Congressional District. The district voted for Hillary Clinton (D) by a margin of 1 percentage point in the 2016 presidential election. The Democratic Congressional Campaign Committee (DCCC) put the district on its target list for 2018. Brent Welder (D) has endorsements from Sen. Bernie Sanders (I) and Alexandria Ocasio-Cortez (D), and leads the field in fundraising. Trailing Welder in cash on hand are teacher Tom Niermann (D) and lawyer and economic adviser Sharice Davids (D), who has support from EMILY’s List and the LGBTQ Victory Fund. Former nominee Jay Sidie and non-profit executive Mike McCamon will also be on the ballot August 7.

Michigan primary preview

  • Michigan is holding primaries on August 7, 2018, and Ballotpedia will be covering 186 seats at the federal, state, and local levels. One U.S. Senate seat, 15 U.S. House seats (including Michigan’s 13th Congressional District special election), 38 Michigan State Senate seats, and 110 Michigan House of Representatives seats will be on the ballot. Ballotpedia will also cover primaries in Wayne County. The general election is November 6, 2018.
    • Army veteran John James (R) and venture capitalist Sandy Pensler (R) face off for the Republican nomination for U.S. Senate in Michigan. James has party support, receiving endorsements from President Donald Trump (R), Sen. Marco Rubio (R-Fla.), and Reps. Mike Bishop (R-Mich.) and Paul Mitchell (R-Mich.). Pensler has the fundraising advantage, having contributed $5 million to his own campaign through the second quarter of 2018.
    • The Democratic and Republican primaries in Michigan’s 11th District are wide open as both parties vye to replace retiring incumbent David Trott (R) in a seat election forecasters rate a “toss-up.” The top candidates on the Democratic side are businessman Suneel Gupta, former state House Minority Leader Tim Greimel, former Obama administration official Haley Stevens, and Detroit government official Fayrouz Saad. All four say they would oppose Nancy Pelosi as House Democratic leader. The Republican primary is a matchup between businesswoman Lena Epstein, state Rep. Klint Kesto, state Sen. Mike Kowall, former state Rep. Rocky Raczkowski, and former incumbent Kerry Bentivolio.
    • The concurrent Democratic primaries for the regular election and the special election in Michigan’s 13th District will likely decide who replaces John Conyers Jr. in a safe Democratic seat. Conyers is a Civil Rights Movement leader and Congressional Black Caucus co-founder who held the seat from 1965 to 2017 before stepping down over sexual misconduct allegations. On Nov. 6, the regular election will decide who holds the seat from 2019-2020 while the special election decides who completes the 2017-2018 term to which Conyers was originally elected. The leading candidates in both primaries are Detroit City Council President Brenda Jones, former state Rep. Rashida Tlaib, Westland Mayor Bill Wild, and state Sen. Ian Conyers, the elder Conyers’ great-nephew.

Missouri primary preview

Ohio’s 12th Congressional District special election

  • Franklin County Recorder Danny O'Connor (D) and state Sen. Troy Balderson (R) compete in the special election for Ohio's 12th Congressional District. Although a Republican has represented the district since 1983, Democrats are looking to the timing of the special election and increased turnout in the Columbus suburbs to potentially flip the seat.

Washington primary preview

  • Washington’s statewide primary is on August 7. Ballotpedia is covering elections for U.S. Senate, 10 U.S. House seats, three state Supreme Court seats, eight seats on the Washington Court of Appeals, 25 of 49 state senate seats, and all 98 state house seats. Ballotpedia is also covering municipal elections in King County and local judicial elections in Seattle. Washington utilizes a top-two primary. All candidates compete in one primary. The two candidates who receive the most votes, regardless of party affiliation, move on to the general election. The general election will be held on November 6, 2018.
    • The top-two primary in Washington’s 8th Congressional District features Republican Dino Rossi (R), who all polls show advancing to the general election, and a three-way Democratic battle for the second spot in the general election. The three Democrats are pediatrician Kim Schrier, former prosecutor Jason Rittereiser, and former CDC official Shannon Hader. Schrier has the support of national Democratic groups like EMILY’s List and Planned Parenthood and leads the Democrats in fundraising. Rittereiser is backed by local unions and was the only candidate to endorse single-payer healthcare. Hader has the support of most local Democratic groups and was endorsed by The Seattle Times. The seat is currently held by retiring U.S. Rep. David Reichert (R) and is rated as a “toss-up” in the general election.
    • Democrats Adam Smith, and Sarah Smith, and Republican Doug Basler are competing in the top-two primary for Washington’s safely Democratic 9th Congressional District. Sarah Smith is challenging 11-term incumbent Adam Smith from the left, running with endorsements from Our Revolution, Justice Democrats, and Democratic Socialists of America. She was an original member of the Brand New Congress organization along with New York’s Alexandria Ocasio-Cortez. Adam Smith has the backing of both of Washington’s Senators and a long list of Democratic officials as well as a lead in fundraising coming into the primary. Basler qualified for the general election against Adam Smith in 2014 and 2016, earning just under 30 percent of the vote in each election.

Wednesday, August 8

Independent candidate filing deadline in Connecticut

  • The filing deadline will pass for independent candidates in Connecticut. Qualified independent candidates will be added to the November 6 ballot along with the winners of the August 14 primary.
    • Ballotpedia is covering Connecticut state and federal elections in 2018. One U.S. Senate seat, five U.S. House seats, six state executive seats, 36 state senate seats, and 151 state house seats will be on the ballot.

Where was the president last week?

  • On Monday, President Donald Trump (R) met with Italian Prime Minister Giuseppe Conte at the White House. Later, Trump attended the swearing-in of Robert Wilkie as Secretary of Veterans Affairs at the White House.
  • On Tuesday, Trump had lunch with Secretary of State Mike Pompeo at the White House. He later flew to Tampa, Fla., for a rally.
  • On Wednesday, Trump met with Ben Carson, Secretary of Housing and Urban Development, at the White House. He also met with a group of inner-city pastors and hosted a meeting with Republican senators at the White House.
  • On Thursday, Trump met with Sen. David Perdue (R-Ga.) at the White House. He later flew to Wilkes-Barre, Penn., for a rally.
  • On Friday, Trump was in Bedminster, N.J., where he will remain through August 13 for a working vacation.

Federal Judiciary

  • 146 federal judicial vacancies
  • 85 pending nominations
  • 31 future federal judicial vacancies


About

The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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