Whither Sestak

Timothy McNulty | April 30, 2009

There's momentum out there in cyberspace for Joe Sestak to run against Specter for the Dem Senate nomination, from both the left and right.

He's an attractive candidate, being the highest-ranking veteran to ever hold office in Congress, with a $3 million warchest and a dependably Democratic voting record. Sestak. Wiki photo

Minuses: he'd have to run against President Obama, who has pledged to campaign for Specter, and would have to give up his Congressional seat after just two terms. (And also -- just like Democrats before Specter's announcement -- Republicans would love to see Sestak in it just to bloody the incumbent and make him spend some cash in a primary fight.)

If Specter does win a sixth term, he'd be 86 by the end of it, and perhaps ready to call it quits. If you're Sestak -- or any other Democrat for that matter -- why not just wait out the term and position yourself to be heir-apparent in 2016?

But here are two arguments for the Sestak move, first from SenateGuru:

So what are Democrats who want to support a real Democrat for Senate in Pennsylvania to do?

I think the answer to that question is: urge Congressman Joe Sestak to challenge Specter in the Democratic primary.  Why Joe Sestak? A few reasons.

First, who could beat Arlen Specter in a Democratic primary?  Based solely on my looking over the field of potential Democratic candidates, I think only three names spring up: Sestak, Congresswoman Allyson Schwartz, and state Auditor Jack Wagner.  Schwartz has reportedly already decided against a Specter challenge.  Weeks ago, Wagner was reported to not be interested in a Senate bid.  (All due respect to announced candidate Joe Torsella and his solid $600,000 Q1 haul - my guess is that much of it came from contacts through Torsella's poltiical mentor, Rendell, who could turn off the spigots in Q2.)  Sestak, however, refused to close the door to a run in the immediate wake of Specter's announcement.

Subsequently, Sestak has further widened the door to a primary challenge.  He has been "playing phone tag" over the past few days with DSCC Chair Bob Menendez.  Further, Sestak "feels strongly" that Democratic voters in Pennsylvania, not Washington dealmakers, should decide who the nominee will be.  Click here for video of Sestak on MSNBC's Morning Joe this morning; and click here for audio of Sestak on The Bill Press Show.

Second, can Sestak put together and finance a credible campaign, even with Ed Rendell pushing Pennsylvania Democrats toward Specter?  Yes.  At the end of March, Sestak had a bankroll in excess of $3.3 million.  Just pulling an estimate out of the air, Sestak might only need $5 million for the primary, so he's two-thirds of the way there already.

Third, would his politics be an upgrade over Specter?  According to the National Journal's 2008 Vote Ratings, Congressman Sestak was the 150th most liberal member and the 277th most conservative member.  He also has a Progressive Punch score of 93.25.  By no means is Sestak a liberal - but he's pretty good.  Further, he brings a powerful profile: the highest-ranking former military officer to serve in Congress who happens to also be leading the charge on revoking Don't Ask, Don't Tell.  Sestak is 100% pro-choice, has enjoyed big support from labor, and gets high marks on middle class issues.

Add it all up.  Congressman Sestak has the profile, the resources, and the will to run.  He would be a major upgrade over the status quo. He may be the only person who could ensure that a real Democrat is nominated for Senate over Arlen Specter.

And from the other side of spectrum, native Pittsburgher Jay Cost at Real Clear Politics -- not so much on Sestak, but why Specter is beatable at some point next year:

The Commonwealth of Pennsylvania has consistently had a three-to-five point Democratic tilt to it. Yet this did not stop Republican John Heinz from winning reelection in 1982 with 59% of the vote (a great year for Democrats), and then with 66% of the vote in 1988. This is the mark of a senator who has cultivated a good personal relationship with his state. Specter's numbers are much less impressive. He won just 53% of the vote in 2004 - despite outspending his opponent 5-to-1. He had an extremely close call in 1992: after he went after Anita Hill on the Senate Judiciary Committee, he squeaked by Lynn Yeakel with just 49% of the vote. His biggest triumph was in 1998, when he won 61% of the vote. Yet he ran against a candidate who spent just $180,000 - and the best he could do was three in five Pennsylvanians.

Specter has never been a particularly strong candidate - and we can talk about the narrow intolerance of the Republican Party, but the fact is that the GOP money machine has consistently had to kick in tens of thousands of dollars every cycle in case Snarlin' Arlen gets himself into trouble, which he regularly does. So, when we're talking about the GOP's intolerance, we're talking about some ill-defined subset of the party, as those who have supported Specter include Mitch McConnell, John Cornyn, George W. Bush, the Pennsylvania Republican Party, the Pennsylvania Republicans who have consistently voted for him in the general election, and so on.

. . . He barely pulled in 60% of the vote in 1998 against a guy who spent a pittance - which means that a solid majority of the Democratic electorate pulled the lever for a guy they had never heard of, instead of Arlen Specter, who had been serving in the Senate for 20 years by that point. These are now Specter's core constituents. He thinks he stands a better chance with them.

What about Kortz?

Timothy McNulty | April 30, 2009

Dan Hirschorn at Pa2010 notes something that (somewhat shamefully) I should have noted in our many many many many Specter posts -- that Dravosburg's Bill Kortz is staying in the Democratic Senate race too, in addition to the other officially announced candidate, Philadelphia's Joe Torsella:

Bill Kortz says he's not going anywhere.

The Allegheny County state Representative told pa2010.com that while he is reevaluating his strategy in light of Senator Arlen Specter's decision to switch parties, he still has every intention of running for the Democratic Senate primary.

"Nothing changes," Kortz said.

He said reaction among voters to Specter's switch had not been nearly as enthusiastic as the jubilation expressed by party insiders. And while he was hesitant to criticize Specter directly, he made clear he didn't appreciate party leaders trying to clear the primary field for the newly-Democratic Senator.

"Just because he got off the elephant and climbed onto a donkey, that doesn't make him a true Democrat," Kortz said of Specter. "I intended to turn that seat from red to blue the right way. His switch doesn't really make it blue."

Cha-ching!!!!

Timothy McNulty | April 30, 2009

Pot o' Gold

Good news for pols wanting to belly up to the trough of gambling money, but bad news for those who think mixing politics and gambling is a bad idea. (Hmmmm. I wonder if any gambling interests will start donating to JUDICIAL CAMPAIGNS now):

By MARC LEVY The Associated Press

HARRISBURG, Pa. (AP) - Pennsylvania's highest court says a ban on political campaign contributions by casino owners and executives is unconstitutional.The Pennsylvania Supreme Court ruled Thursday that the ban violates the state constitution's guarantee of free speech.

The ban was included in the state's 2004 law that legalized slot machines. It was considered the nation's broadest such restriction.

A majority of justices agreed with the argument by Philadelphia-area developer Peter DePaul, who sued to challenge the law in 2007. He's a part owner of Foxwoods Casino Philadelphia, which hasn't been built.

DePaul argued that the ban was an overly broad and discriminatory infringement of the rights of free expression and association.

The ban was touted as a major bulwark against the political influence that the lucrative gambling industry can exert over policymakers.

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Meet (the real?) Arlen

Timothy McNulty | April 30, 2009

We mentioned in a story today that Republicans will likely try to use Arlen Specter's party switch to question his trustworthiness and character. It looks like another tactic will be reminding Democrats of how close he was to George W. Bush, Rick Santorum and other none-too-Dem-friendly Republicans, as Scott Kraus points out (while posting the below video) in the Morning Call. (PS, the Hill reports that the NRSC is also targeting possible Dem candidate Joe Sestak with Specter-related robocalls):

So worried are they about Democrats' unfamiliarity with Specter that they set up the following website, full of videos of key Republicans extolling his virtues: http://www.nrsc.org/meetarlen/. There's even a nice clip of former U.S. Senator Rick Santorum singing Arlen's praises.

The phone calls include this nifty quote from President Bush, always a favorite of Democrats: "I'm here to say it as plainly as I can, Arlen Specter is the right man for the United States Senate. I can count on this man - see that's important. He's a firm ally when it matters most.  I'm proud to tell you I think he's earned another term as the United States Senator"

There are also a few clips of Specter talking about his thoughts on changing parties: namely that he's not planning to do it.

So nice of the NRSC to help Democrats out. Politics fans may remember that NRSC chairman Sen. John Cornyn, R-Texaswent out on a limb not too long ago, urging Pennsylvania's Republicans to vote for Specter over Pat Toomey, who had the support of many in the party base in Pennsylvania, saying Specter was the party's only chance to win the state in the general election.

Looks like that limb has broken.

Specter's lonely future (Updated)

Timothy McNulty | April 30, 2009

A "lonely future" awaits Arlen Specter in the Senate, the Hill notes -- he has not only alienated Republicans with his party switch, but other senior Democrats who he might pass over for committee leadership.

The story doesn't mention this, but there is one silver lining for Democrats in this squabble -- if he is going to stay in good graces with his fellow Democrats, the notoriously independent Specter could feel more pressure to toe the party line on major votes. (UPDATE: Or maybe not -- Specter's first main vote, post-switch, was against the Obama budget.)

Anyway, here's the story:

Senior Senate Democrats are objecting to the deal Majority Leader Harry Reid made with Sen. Arlen Specter, saying they will vote against letting the former Republican shoot to the top of powerful committees after he switches parties.

Several Democrats are furious with Sen. Reid (D-Nev.) for agreeing to let Specter (Pa.) keep his seniority, accrued over more than 28 years as a GOP senator. That agreement would allow Specter to leap past senior Democrats on powerful panels - including the Appropriations and Judiciary committees.

While he received a formal welcome Wednesday to the Democratic Party at the White House from President Obama and Vice President Biden, senior Senate Democrats exchanged phone calls to voice their objections to Reid's gambit and one lawmaker said Specter should be happy with a committee seat at the "end of the dais." Meanwhile, Senate Minority Leader Mitch McConnell (R-Ky.) and two other members of the Senate Republican leadership asked Specter to refund campaign donations.

One senior Democratic lawmaker told The Hill that the Democratic Conference will vote against giving the longtime Pennsylvania Republican seniority over lawmakers like Harkin, Mikulski and Sen. Dianne Feinstein (D-Calif.) when they hold their organizational meeting after the 2010 election.

Under his deal with Reid, Specter would jump ahead of all but a few Democrats when it comes time to dole out committee chairmanships and assignments.

"That's his deal and not the caucus's," the senior lawmaker said of Reid's agreement with Specter.

The lawmaker requested anonymity because the issue of Specter's seniority is "a sensitive subject." The lawmaker said it would be OK if Specter joined his panel as long as he "sat at the end of the dais" with junior members.

Since Reid and Specter announced their deal, Senate insiders have speculated that Specter could bump Harkin after the election from his chairmanship of the powerful Appropriations Labor, Health and Human Services subcommittee or return to be chairman of Judiciary if the current chairman, Leahy, takes over the gavel at Appropriations. Specter was chairman of Judiciary in the 109th Congress when Republicans controlled the chamber, and ushered through the confirmations of Supreme Court Justices John Roberts and Samuel Alito.

But the senior Democratic lawmaker disputed these scenarios: "That can't happen. Seniority is decided by the caucus."

. . . But a source close to Reid told The Hill that Specter’s party switch brings Democrats “one step closer to the 60 votes necessary to choke off Republican filibusters.” The source said Democrats have close to a year and a half to resolve seniority disputes before setting committee assignments for 2011 and beyond.

“No one is going to lose committee or subcommittee chairmanships this Congress,” said the source, who added that the negative light Specter’s move has cast on the GOP will help Democrats pick up even more seats in the next election.

“We have a long time to sort this out,” said the source.

Specter announced Tuesday that he would be able to keep his seniority in the Democratic Conference.

“In discussing that issue with Sen. Reid, the fair approach which we both agreed to was to be where I would be had I been a Democrat coming into the Senate with my election in 1980,” Specter told reporters. “So you can take a look at the charts and figure out exactly where I’d be.”

That would give Specter more seniority than all but three Democrats on the Appropriations Committee: Inouye, Leahy and Byrd.

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On Ridge

Timothy McNulty | April 30, 2009

Tom Ridge. PoliticsDaily photo

Musing continues on whether former governor and Homeland Security secretary  -- and Republican moderate -- Tom Ridge might run against Pat Toomey for the GOP Senate nomination. Here's some stuff from PoliticsDaily (via GrassrootsPa):

On the other side of the aisle, rumors have been circulating that former Pennsylvania Governor and Senator Tom Ridge might be persuaded to run against Toomey in the primary. This, of course, would be an ideological clash between the conservative Toomey and the pro-choice Ridge (who helped Specter narrowly fend off Toomey's 2004 challenge).

Some moderate Republicans like Senator Lindsay Graham are already excited about the Ridge idea. And Sen. Orrin Hatch is out there saying Toomey doesn't have a shot.

As this race continues to take shape, it is entirely possible that the excitement is just getting started ...

Ridge issued a respectful opinion on Specter yesterday that did not address whether he is interested in the race.

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The Supreme Court punts

Timothy McNulty | April 30, 2009

The Allegheny Institute has an analysis of yesterday's reassessment ruling, which gets into some of the statewide questions -- and confusion -- we mentioned yesterday. Dan Onorato seems to indicate that it won't become a statewide matter (among other counties that use base-year property valuations) and for the sake of his gubernatorial hopes, it better not -- you can be sure his opponents will try to yolk him with property tax turmoil . . . just like Onorato did to Jim Roddey in 2003.Punting

Here's AI:

And while the Court has ruled unambiguously about what must happen in Allegheny County, their opinion does not resolve satisfactorily what must happen in other counties using the base year system. Here's the problem. The Court ruled that the concept of using a base year system to assess property is not in itself inherently unconstitutional until the unrevised base year begins to create serious inequities in taxation.  In essence, whether the base year system violates the Uniformity Clause is to be determined on a case by case basis.  For Allegheny County their judgment is clear, for the rest of the state, murkiness and confusion.

. . . What does this mean for other counties in Pennsylvania using a base year?  The Court's decision leaves a lot of unanswered questions. It could be interpreted as a county using a base year may have some serious uniformity issues if it has been in place for a while.  The failure of the Court to delineate further prompted Judge Baer to issue a concurring opinion pointing out the need to get clarification for the other counties.

In that concurring opinion, Judge Baer writes, "Absent the unlikely prospect of prompt legislative action, the Majority's decision not to offer substantive criteria for interpretation of the Uniformity Clause will result in ongoing uncertainty for the Commonwealth's many taxing authorities and property owners alike".  The Majority opinion held that it is hard, if not impossible, to tell when a base year begins to violate the Uniformity Clause.  At that point, the Court did what can best be described as a "punt" and gave the assessment ball to the General Assembly.  They did point out that 22 states require annual reassessments while 26 others require periodic reassessment (see our 2007 report on assessments) so it is clear that Pennsylvania is out of step and the Court may have been nudging the Legislature to see that fact. 

The Majority basically weighed the high probability of throwing the state into property tax chaos if it declared the base year unconstitutional against the equally strong likelihood of lawsuits by taxpayers who will cite the language in the Allegheny County ruling. They chose the latter. . .

Perhaps a better approach would be to have the Legislature amend the base year statute to require that a given base year cannot be in place indefinitely. The new language could require that a reassessment take place and new base year be established at least every five years. The amended language could allow three years to carry out the first reassessments for those counties with the highest CODs with others out of the acceptable range to follow in two more years. 

As it now stands, there is no clear cut guidance as to which branch of state government should deal with the remaining problems.  Someone needs to act before the court system is overwhelmed with lawsuits.

Posted: Timothy McNulty | with no comments

Roddey endorses Toomey

Timothy McNulty | April 30, 2009

Jim Roddey said Tuesday that "there's room in the [Republican] party for a more moderate candidate" than Pat Toomey . . . but he just won't be supporting him/her, the Allegheny County GOP chair announced today.

The Toomey camp distributed this Roddey endorsement today, noting that the former Club for Growth president "represents the mainstream of the Republican Party":

PITTSBURGH, PA - Former Allegheny County Executive and current Republican Committee of Allegheny County Chairman, Jim Roddey, endorsed former Congressman Pat Toomey's candidacy for U.S. Senate today.

Roddey, the first Republican elected to Allegheny County's highest office said, "Pat Toomey represents the mainstream of the Republican Party that we need in Washington. We are a party that has a great diversity of views and we welcome people of all stripes to the Republican cause."

Roddey continued, "Pat Toomey's commitment to getting our economy moving again by opposing failed corporate welfare policies and promoting smart and efficient government is exactly the voice that Washington needs. I am pleased to endorse Pat Toomey for U.S. Senate."

"Our campaign is honored to have the support of Chairman Jim Roddey," said Toomey. "Chairman Roddey and I share a vision of lean, transparent government that I am certain will resonate with Pennsylvania voters."

Governor's race starts today

Timothy McNulty | April 29, 2009

PaPolicyBlog/Keystone Research Center

Reassessments give me two kinds of headaches -- from the memories of covering the A.C/Pittsburgh reassessment circus a decade ago, and those of an Allegheny County homeowner whose home value (and more importantly) tax burden could be changing at a really, really inopportune time.

With the county's 2002 base year taxing system getting thrown out the window by the state Supreme Court today, a whole lot of people statewide could be sharing the same headaches. Judge Castillo's opinion says changes are needed to protect those in low-income communities whose home values have dropped since 2002, but it could also be bad for those in higher-value neighborhoods who have been skating by with under-valued properties (and therefore low taxes) all these years.

Or maybe with home values dipping so much lately (see chart above) maybe some taxpayers would do better with new, up-to-date values. There's going to be a lot of confusion obviously.

And that's where it gets tricky. As the great Chris Briem notes, the governor's race [and Dan Onorato's place in it] starts for real today:

Honestly I really wondered whether the state supreme court would rule against Wettick even if they agreed with him because of the potential turmoil it could have across the state. As I am sure Dan O. is already pointing out, Allegheny County is far from the only county to use a base year assessment system.

Where to start? Below are my relevant posts and other commentary on property assessments here. I will only add a couple things. Gotta give some points in judicial courage to Judge Wettick and the majority on the state supreme court. And as I said before in one of those posts, thus marks the real beginning of the governors race.

Pileggi: budget first

April 29, 2009

From P-G Harrisburg bureau chief Tom Barnes:

HARRISBURG -- Now that Arlen Specter is running for re-election next year as a Democrat, Republican names are coming out of the woodwork as possible challengers.Pileggi

One that emerged today is that of state Sen. Dominic Pileggi, the Republican majority leader, a former mayor of Chester, which is in Delaware County.

"A number of people have asked me and encouraged me to consider it,'' he said. "It's not something I'd given any serious consideration to before. I'm certainly flattered by all the people who suggested I would be a good candidate for that very important position. We should field a candidate who can win the general election.''

But first, he said, there's this little matter of enacting a state budget for the fiscal year that starts July 1. Right now it looks like revenues could be anywhere from $2 billion to $3 billion less than the $29 billion that Gov. Ed Rendell wants to spend, so Senate Republicans are coming up with their own alternative, more in the area of $27.5 billion.

"That will be my primary focus in the short term,'' he said.

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