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Chuck Schumer

No, we should not fear a competitive primary for Senate

This comes up all the time, for both parties. It’s way overblown.

Big John Cornyn

Democrats are closer than they’ve been in decades to winning statewide in Texas. But a looming clash between two of the party’s top prospects could blow their shot.

A pair of prominent Democrats — Rep. Joaquín Castro and MJ Hegar, a veteran who narrowly lost a House race last year —are seriously considering Senate campaigns, and a potential showdown between them is already dividing the party over who is best positioned to challenge three-term GOP Sen. John Cornyn.

Neither Hegar nor Castro has announced they’re running, but both have met with Minority Leader Chuck Schumer (N.Y.) to discuss it. And both have prominent Democratic supporters convinced they represent the party’s best option to turn Texas blue. But a divisive primary would likely leave the eventual nominee damaged and cash-depleted, making the uphill climb to unseat Cornyn that much steeper.

[…]

So far in the Senate race, Hegar appears to be moving faster than Castro. She met with Schumer in New York in early March, right after O’Rourke announced he would forgo another campaign to run for president instead.

Hegar wrote an email to supporters last week that she was “taking a very close look” at running for the Senate race and said the incumbent had shown a “complete lack of leadership” in Washington. Her timetable for an official announcement is not yet clear, but one source familiar with Hegar’s thinking said she remains “full steam ahead” on the race.

Castro’s intentions are less clear, according to conversations with more than a half-dozen Democrats in Washington and Texas. Castro met with Schumer last week to discuss the race, according to multiple sources familiar with the meeting. Texas Monthly published a story last month quoting a source familiar with Castro’s thinking that he was “all but certain” to enter the race, which many Democrats interpreted as a hint an announcement was imminent.

But Castro has not publicly signaled what his plans are in the weeks since, leaving most Democrats uncertain if he will run — and some frustrated by his indecision.

“I’m going to kill him,” said one source close to Castro, exaggerating for effect to relate his frustration over the congressman’s equivocation.

Castro declined multiple requests to comment on his Senate deliberations outside the Capitol in the past week. His political adviser, Matthew Jones, said an announcement would be in the near future: “Joaquin will make his announcement about running for Senate on his own timeline and in a way that works best for the people of Texas and his own family.”

Hegar and Castro both have significant allies pushing for them to enter the race. Leaders at EMILY’s List have called for a woman to run in Texas, and Latino Victory Fund has launched a draft effort to push Castro into the race, including endorsements from four members of the state’s congressional delegation.

Texas Democrats are fully prepared for the possibility of a primary between Hegar and Castro, and it remains possible other candidates will enter the race — including Amanda Edwards, an African American city council member in Houston. Edwards told POLITICO in an interview she is seriously considering a bid, and that Hegar and Castro’s decisions wouldn’t influence hers. She has spoken to EMILY’s List and the DSCC about the race, and said a decision could come “sooner rather than later.”

[…]

Some top Democrats, however, argue a primary would actually be helpful, allowing candidates to sharpen their messages and introduce themselves to a wider set of voters.

“Nobody will be hurt in a contested primary, and you would have stronger candidates come out,” said Gilberto Hinojosa, chairman of the state Democratic Party, which recently launched a war room to attack Cornyn over the coming months. “Not that I’m hoping for a contested primary, but we’re not afraid to see that.”

Other Democrats are more nervous about the prospect. A contested primary would rob the candidates of months of time to focus solely on Cornyn and would drain resources in an extremely expensive state. The primary is in early March, earlier than any other state, and would allow ample time to pivot to the general election.

But if other candidates enter the race, and no candidate reaches 50 percent, the top two finishers would meet in a runoff at the end of May, robbing them of valuable time to raise money and build support to take on Cornyn. One veteran Democratic operative, requesting anonymity to speak candidly, said even the prospect of a runoff “hurts everyone.”

See here, here, and here for some background. Clearly, I need to revisit my assumption that Castro would have a clear path to the nomination if he declared his intention to run. The main inference to draw from this is that a lot of people really think Cornyn is beatable in 2020, in a way that basically nobody outside of Beto O’Rourke at this time in 2017 thought Ted Cruz was beatable. I mean, it seems obvious, but this is well beyond just putting one’s name out there. Castro, as noted many times, has a safe seat in a majority Democratic Congress, four terms of seniority, and is already a leading voice in that chamber. Hegar could let Castro run and ride his likely coattails, DCCC support, and her own strong campaign experience to as good a shot at winning CD31 as one could want. Amanda Edwards could cruise to re-election this fall, and then be in good position to run for Mayor in 2023. All three of them are willing to give it up for a chance to run statewide, even if they have to go through one or more other strong Democratic contenders in a primary. You don’t do that if you don’t have a firm belief you can win.

So what about it then, if two or three of them (plus the assorted minor candidates) meet in the primary? I see that as largely, almost entirely, positive for the reasons cited by “some top Democrats”. Nothing will get the candidates started earlier on engaging voters, raising money, pushing registration efforts, and so on like the need to win an election in March. Money spent on voter outreach in March is still money spent on voter outreach, and I’d argue there’s even more value to it early on. Sure, it could get nasty, and sure, people get tired of family fights when they have to go into overtime, but that’s a risk worth taking. I feel like I see this kind of hand-wringy story written about potential contested primaries in both parties every time they come up, and most of the time it makes no difference in the end. As I’ve said before, my main interest is in having a strong contender in every possible race, so to that end I’d prefer to see Hegar try again in CD31. But beyond that, come in whoever wants to come in. Let the best candidate win, and we’ll go from there.

Quinnipiac: Cruz 49, O’Rourke 43

Two polls in one week.

Rep. Beto O’Rourke

A new poll released Wednesday morning suggests a tightening race between U.S. Sen. Ted Cruz and U.S. Rep. Beto O’Rourke.

The newly released poll from Quinnipiac University gives Cruz a 6-point lead: 49 percent of registered Texas voters reported backing the Republican incumbent while 43 percent said they support O’Rourke, an El Paso Democrat. The poll’s margin of error is 3.5 percent. The results are closer than a poll Quinnipiac released in late May, which showed Cruz holding an 11-point lead over his opponent.

“U.S. Sen. Ted Cruz has a slight, by no means overwhelming, lead,” said Peter Brown, assistant director of the Quinnipiac Poll. “Congressman Beto O’Rourke has done a good job making the race competitive. With three months until Election Day, he is clearly in contention. A Democratic victory in the Lone Star state would be a serious blow to GOP hopes of keeping their U.S. Senate majority.”

The poll found 50 percent of Texas voters had a favorable view of Cruz while 42 percent had an unfavorable view. O’Rourke, on the other hand, had a 33 percent favorability rating, with 43 percent of voters not knowing enough about the congressman to form an opinion of him.

You can see the Quinnipiac writeup of the poll here. They also show Greg Abbott leading Lupe Valdez in the Governor’s race 51-38. This Q-poll lands right in the middle of the other two. Remember when the second one, showing an 11-point lead for Cruz, was considered the “correct” poll? Averages are more useful than single results, and with this result our averages are 46.5 for Cruz and 40.2 for Beto. A persistent lead for Cruz, but not a big one.

And thus the continued closeness of this race has caused it to draw national attention.

Democrat Beto O’Rourke of El Paso had a very good day Wednesday. Publicly, two new polls showed him in striking distance of incumbent Republican U.S. Senator Ted Cruz. Privately, his Wednesday might have been even better. That’s because Senate Minority Leader Chuck Schumer, of New York, and about a dozen other senators in the Democratic leadership suddenly became interested in the Texas race. That was followed by a serious look at Texas from officials of the Democratic Senatorial Campaign Committee, whose sole function is to help finance Democrats to win seats in the upper chamber of Congress. The DSCC hasn’t shown much interest in Texas for a least a generation.

The senators held a briefing on Capitol Hill Wednesday morning with at least four political polling companies about the time that the first poll, the Texas Lyceum 2018 Poll, showed Cruz with a two-point lead over O’Rourke: 41 to 39 percent. Hours later, a Quinnipiac University Poll had Cruz leading O’Rourke by a margin of 49 to 43 percent. This is the third poll that Quinnipiac has released of likely Texas voters this election season and the six-point difference in Wednesday’s poll represents momentum by O’Rourke who was down by 11 percentage points when its last poll was released May 30.

Numbers such as these, combined with O’Rourke raising more money than Cruz in two consecutive quarters, had at least one of the pollsters present at Wednesday’ meeting declare to Schumer and his colleagues that there was a potential path to victory for Democrats in Texas, according to at least one witness present. Schumer took great interest in that assessment and began digging deeper, the witness told Texas Monthly.

There are two things that are interesting about this. One is that as we know, Democrats have a lot of seats to defend in red states this year. Conventional wisdom was that they’d be spending nearly all their resources on defense, plus Nevada and Arizona. For them to even have a meeting to talk about Texas means they’re feeling pretty good about their position, and can look to spend some money elsewhere. It also means they think there’s a chance that Texas could be in play. Maybe not a great chance, but a non-trivial one, which could grow in magnitude if the national environment gets friendlier. I suspect this is more of a move to explore options in the event of such an upgrade to the national atmosphere than anything approaching a commitment to Beto and Texas, but even that tells you something.

Injunction issued against auto warranty robocallers

Yes! Yes, yes, yes!

A federal judge has issued two temporary restraining orders designed to stop what officials describe as a wave of deceptive “robo-calls” warning people their auto warranties are expiring and offering to sell them new service plans.

[…]

The FTC filed suit against two companies and their executives on Thursday, asking a federal court in Chicago to halt a wave of as many as 1 billion automated, random, prerecorded calls and freeze the assets of the companies.

Officials say the calls have targeted consumers regardless of whether they have warranties or even own cars and ignore the Do Not Call registry. They say telemarketers have misrepresented service agreements consumers have to buy for warranties that come with the price of the car.

Sen. Charles Schumer, D-N.Y. had asked for an FTC investigation into what he described as the scam of “robo-dialer harassment.”

“These calls are annoying, but worse, many Americans have been fleeced,” he said.

U.S. District Judge John F. Grady issued the temporary restraining order against Transcontinental Warranty Inc. on Thursday and Voice Touch Inc. on Friday.

Grady’s orders also applied to Transcontinental CEO and President Christopher Cowart, Voice Touch executives James and Maureen Dunne, Voice Touch business partner Network Foundations LLC and Network Foundations executive Damian Kohlfeld.

[…]

Besides ordering a halt to the automatic telephone sales calls, Grady’s order froze the assets of the two companies. The FTC alleged in its complaints that the calls were part of a deceptive scheme and asked the court to assure the assets will not be lost in case they might be needed to repay consumers who have been victimized.

The temporary restraining orders are to remain in effect until May 29, when Grady scheduled a hearing on the FTC’s request for a preliminary injunction.

Halle-freaking-lujah. May this put these bastards out of business once and for all.

The FTC isn’t immediately seeking civil fines against the companies but may do so later, agency officials said.

I still think public execution would be a just outcome, but I’ll take what I can get. Thanks to Kevin Drum for the pointer.

Die, car warranty phone spammers! Die, die, die!

OK, maybe that’s a tad bit harsh, but if this leads somewhere I do hope that public execution will be on the table.

Unsolicited calls to home and cell phones warning of a final notice and an expiring vehicle warranty are a nuisance and harassment and should be the subject of a federal investigation, a U.S. senator said Sunday.

More and more Americans are receiving calls with a computerized voice saying, “This is the final notice. The factory warranty on your vehicle is about to expire,” or something similar, several times a day on their cell or land lines. The calls come even if a person has signed up for the national “do not call” registry.

Now, Sen. Charles Schumer of New York wants a federal investigation into the “robo-dialer harassment.”

“Not only are these calls a nuisance, but they tie up land lines and can eat up a user’s cell phone minutes, possibly leading to a higher cell phone bill due to overage charges,” said Schumer, D-N.Y.

Meanwhile, officials in 40 states are investigating the companies behind the car-warranty calls.

I have gotten these calls on every phone I have, including my business line and my work BlackBerry, whose phone number I’ve never given out. They come in on all different numbers, so you can’t even effectively block them. Apparently, these calls are used to sell extended auto warranties, which themselves are largely a ripoff. Why anyone would respond to this kind of sales pitch is beyond me, but then there are people in this world that buy pharmaceuticals via unsolicited emails, so I guess it takes all kinds.

Missouri authorities filed a lawsuit last month against one of the largest car-warranty companies, Wentzville, Mo.-based USfidelis, charging that company officials ignored a subpoena demanding that they answer questions about their business.

A spokeswoman for USfidelis, which has more than 1,000 employees, did not return a call seeking comment Sunday, but the company says on its Web site that it stopped making unsolicited marketing calls last year.

“Frankly, we’ve identified more effective ways of connecting with our customers,” the Web site’s “Frequently Asked Questions” section says.

Frankly, I’d think that sneaking up behind your customers and tasering them would be a more effective and less annoying way of connecting with them, but maybe that’s just me. Go get ’em, Chuck.