The Process is Political: Bloomberg Testimony, Where to Count Prisoners

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Our daily look at the details that can change everything.

Early Voting and Football in Close Gov Race: Headed into Election Day today, polls show that acting Governor Earl Ray Tomblin and Republican Bill Maloney are polling just about even. Money has poured in from national parties, as Democrats try to hold the seat vacated by now-Senator Joe Manchin and Republicans try to capture the statehouse of the once-reliably blue state.

More than 56,638 voters have already weighed in, and Democrats have a clear edge as far as registration goes. But registration can be an unreliable indicator in West Virginia, where Democrats still outnumber Republicans nearly two-to-one, but it's gone red in presidential elections since 2000 and the GOP captured another Congressional seat there in 2010. One campaign tip for the next go-around: don't waste voter outreach resources on game days. In this election, early voting turnout dipped noticeably on the day West Virginia University hosted LSU in Morgantown. (Charleston Gazette)

Court Hears Challenge of New York's Change to Counting Prisoners: An Albany court is hearing arguments today in a lawsuit seeking to revert back to the way New York has treated prisoners in census counts. New York's advisory task force on redistricting announced in August it would count prisoners in the communities where they last lived, not where they are imprisoned.

Republican state Senators have challenged the law, and groups including the Brennan Center, the NAACP Legal Defense, and the NY Civil Liberties Union have joined the effort to defend the change. Meanwhile, Ed Koch has continued to blast the overall redistricting process. At a hearing last month, he was furious that lawmakers had abandoned pledges to create an independent process, telling lawmakers "you're an enemy of the people." (Capital Tonight)

What Bloomberg's Testimony Says about Campaigns: While testifying in the criminal trial of a former campaign worker, we learned that Bloomberg could keep his testiness in check, that a lot of key dates and strategy decisions didn't make it into his long-term memory, and if you agree with NY Daily News' Bill Hammond, that he's not above running a dirty campaign. "The bottom line is that Bloomberg and his campaign played fast and loose with the spirit, if not the letter, of campaign finance law, enabling questionable behavior like that of [accused former aide John] Haggerty. (NY Daily News)