Most Commerce, Judiciary Members Reelected

Republicans fended off Democratic challengers in several vulnerable Senate seats and are on track to retain control of that chamber. News organizations showed Republicans holding at least 48 Senate seats Wednesday afternoon, while Democrats held 46. Five races remained uncalled, including those for Senate Commerce Committee members Gary Peters, D-Mich., and Dan Sullivan, R-Alaska. Peters, who’s also ranking member on the Senate Homeland Security Committee, was leading GOP challenger John James by more than 9,000 votes, 49.2%-49%, with 94% of ballots counted. He was among the incumbents facing tough reelection battles (see 2010140048).

Sullivan was leading independent challenger Al Gross, who ran with Democrats’ backing, by more than 53,000 votes, 63%-32%, with 47% of the votes counted. Sullivan is considered a potential swing vote on FCC nominee Nathan Simington, who appears before Senate Commerce next week see 2011020001). Commerce member Cory Gardner, R-Colo., was earlier found to have lost his reelection bid against Democratic former Gov. John Hickenlooper, 54-44%. Two other committee members easily won reelection: Sens. Shelley Moore Capito, R-W.Va., and Ed Markey, D-Mass.

Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., was the only Judiciary Committee member whose race remained uncalled Wednesday afternoon. He was leading Democratic former state Sen. Cal Cunningham by more than 96,000 votes, 48.7%-46.9%, with 94% tallied. "The State Board of Elections is continuing to count ballots, and we plan to allow that process to be carried out, so every voter can have their voice heard," a Cunningham spokesperson emailed.

Other Judiciary members who won: Chairman Lindsey Graham, R-S.C., John Cornyn, R-Texas, and Joni Ernst, R-Iowa.

House Races

The GOP also made gains in the House, defying expectations of Democrats making further inroads in that chamber. Those gains don’t appear to be enough to overturn the Democrats’ control, something most news organizations had declared. Democrats had won or were leading in 218 House seats, the bare minimum needed to control the chamber. Republicans had won or were leading in 216 races.

Incumbents on the House Commerce and Judiciary committees who were running for reelection had generally won or were leading their races. Among those who won were the panels’ Democratic and GOP leaders. Consumer Protection Subcommittee member Richard Hudson, R-N.C., one of the few House Commerce members believed vulnerable ahead of the election, won with 53%. Communications Subcommittee member Tom O’Halleran, D-Ariz., was leading his race with 52%. Former Commerce Chairman Fred Upton, R-Mich., was leading with 58%. Rep. Greg Walden didn't seek reelection.

Former IP Chairman Darrell Issa, R-Calif., led Ammar Campa-Najjar, a former Department of Labor official, 52%-48%, with 78% counted. IP member Steve Chabot, R-Ohio, declared victory over Kate Schroder. He led 52%-45% with 90% counted. Antitrust Subcommittee member Lucy McBath, D-Ga., defended her seat against Karen Handel, leading 54%-47% with 82% tallied. Ann Wagner, R-Mo., author of anti-sex trafficking legislation passed in 2018 (see 1802270057), defeated challenger Jill Schupp, 52%-45% with 95% counted.

“It's too early to predict a divided Congress for sure, but if that's the result, then it's likely to be an impediment to progress on key issues,” said Free Press Vice President-Policy Matt Wood. “We might in that scenario see continued action on relatively uncontroversial measures like broadband mapping and spectrum policy. But far too often we've seen Republicans talk about rural broadband while doing nothing bold about it.” There “have been good noises on antitrust during this current Congress, on both sides of the aisle,” but Senate Majority Leader Mitch McConnell, R-Ky., “has confirmed judges who find standing for people to sue against merger conditions but no standing to challenge mergers in the first place,” Wood said.

A divided Congress won’t necessarily “cause gridlock” on telecom policymaking because there are still many issues like “making spectrum available for 5G” on which there’s “bipartisan support,” said R Street Institute Technology and Innovation Policy Fellow Jeffrey Westling: There will “obviously be disagreements” on how to achieve those objectives, but deals can still be made on the “right solutions.” A divided Congress would be unlikely to countenance net neutrality legislation that includes reclassifying broadband as a Communications Act Title II service, but lawmakers can “find common ground on a law that bans blocking and throttling,” he said.

Election Notebook

CTA President Gary Shapiro appealed Wednesday for “stability and unity” as the presidential ballot counts continued in seven battleground states. “We must agree to calmly let our constitutional process play out, wait for states to finish counting ballots, accept the result and continue to work together through uncertainties,” he said. U.S. leaders “should urge healing and accept the result,” he said.

As the vote count continues, Americans should support the “long-standing and important tradition of peaceful and fair elections,” said Information Technology Industry Council CEO Jason Oxman. “Once the votes are all counted and the result determined, we are committed to working with the next administration on the critically important issues facing the United States and the world.”