JULY 2016 TIMELY THINKING Sizing up the 2016 general election

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EATON VANCE ON WASHINGTON JULY 2016 TIMELY THINKING Sizing up the 2016 general election SUMMARY As we head into the political conventions, the candidates for the 2016 presidential election are finally set: Hillary Clinton for the Democrats and Donald Trump for the Republicans. With control of both Houses also at stake, the months leading up to the general election promise to be as exciting and exhausting as the primaries just past. Andrew H. Friedman Principal The Washington Update This white paper explains the numbers underlying the election, reviews the strengths and weaknesses of the two candidates, and makes some predictions as to the likely results. Jeff Bush The Washington Update At Eaton Vance, we value independent thinking. In our experience, clients benefit from a range of distinctive, strongly argued perspectives. That s why we encourage our independent investment teams and strategists to share their views on pressing issues even when they run counter to conventional wisdom or the opinions of other investment managers. Timely Thinking. Timeless Values.

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 2 The House of Representatives To understand the House elections, it is necessary to look back to 2010, when state legislatures were tasked with redrawing their congressional districts in the wake of the census. Republicans, led by the rise of the Tea Party movement, seized control of the House in 2010. They also took control of most of the state governments that year. These Republican-led legislatures proceeded to redraw the lines of their states congressional districts in a manner that maximized the number of districts safe for Republicans, a process called gerrymandering. Residual districts in each state (perhaps encompassing more of the cities) then typically were safe for Democrats. In the states run by Democrats, the process was much the same. The state legislature drew lines to make districts safe for Democrats, with residual districts typically safe for Republicans. The gerrymandering produces a strong bias toward the incumbent party in most congressional districts. Of the 435 House races, only 12 are considered toss-ups, far fewer than the 30 seats the Democrats need to take over the House (The Rothenberg & Gonzales Political Report). Prediction: It is not a stretch to predict that the Republicans will keep control of the House this fall. Indeed, absent some party-wide scandal, Republicans are likely to hold the House for the rest of the decade and perhaps the following decade as well if they keep their stranglehold on the state governments. This prediction makes an important point. No matter which party wins the White House, all legislation will continue to go through the House Republicans. The Senate Two years ago, in the 2014 Senate election, the numbers greatly favored the Republicans. Of the 35 Senate seats up for election that year, 24 were held by Democrats. Those Democrats were elected in 2008, many of them on Obama s coattails from states that typically lean Republican. Without the draw of a presidential candidate at the top of the ticket, a number of Democratic incumbents were unable to keep their seats in 2014, allowing the Republicans to take over the Senate. These numbers reverse in 2016. Of the 34 Senate seats up for election this year, 24 are held by Republicans. These Republicans were elected in 2010 as part of the strong backlash against the Democratic administration. Many of the Republicans hailed from states that typically lean Democratic but were caught up in the anti-obama tidal wave. No matter which party wins the White House, all legislation will continue to go through the House Republicans. To regain a Senate majority in 2016, Democrats must pick up four seats if they hold the White House and five seats if the Republicans win the presidency. (Under the Constitution, the Vice President breaks ties in the Senate. So the party in the White House controls the Senate in the case of a 50-50 split.) The individual state races bear out the apparent Democratic advantage. Democrats have a good chance to pick up seats in six states: Florida, New Hampshire, Illinois, Ohio, Pennsylvania, and Wisconsin. Republicans have a more modest chance of countering with a pick-up in Nevada (Cook Political Report). Given these numbers, the possibility of a Democratic takeover of the Senate cannot be ignored. But there is one important difference between 2014 and 2016. As in 2008, this year there is a presidential candidate at the top of each ticket. American voters are splitting their ballots less than ever ( The Remarkable

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 3 Recent Decline of Split-Ticket Voting, The Washington Post, November 10, 2014). So the popularity of a presidential hopeful can tip the balance in the Senate election. Prediction: The party that wins the White House will win the Senate as well. But, neither party will walk away with the 67 seats needed to override a presidential veto. Indeed, neither party will hold 60 Senate seats, the number needed to end a filibuster that can block much legislation moving through that body. Although the Republicans have discussed watering down the filibuster rules, we think such a change is unlikely. Thus, the minority party will continue to have a voice in shaping legislative policy in the Senate in 2017. Presidency The Metrics Our January white paper noted three important metrics which, thus far, have received little attention in the personality-driven election commentary that bear directly on the presidential election. We repeat them here: Party Affiliation: 42% of voters are Independent, the highest ever polled for a presidential election. Republicans and Democrats now compose 26% and 29% of the electorate, respectively (Gallop, January 11, 2016). These numbers, in our view, make capturing the Independent vote one key to winning the election. It is easy to predict how registered Republicans and Democrats will vote. How Independents vote could decide the winner. Although it is dangerous to paint all Independents with the same brush, it is not unfair to say that Independents typically are more concerned with fiscal issues (lower government spending and lower taxes) than implementing new government restrictions on social behavior (gay marriage, etc.). Independents also tend to favor compromise over ideology. (Voters who feel strongly about a particular ideology tend to belong to one or the other party.) Thus, the candidate who offers the more compelling economic plan, and who exhibits a willingness to work with the other party once elected, could have a better chance of capturing Independent votes. It is easy to predict how registered Republicans and Democrats will vote. How Independents vote could decide the winner. Demographics: Since the last presidential election, the percentage of nonwhite voters has risen three points to 31%. The percentage of the white population has declined accordingly to 69%. In 2012, Mitt Romney received 59% of the white vote, a percentage in line with recent Republican candidates. If the next president also captures 59% of the white vote, he or she must capture 30% of the nonwhite vote to win the election. In the last election, Republicans captured 17% of the nonwhite vote, a percentage that is representative of the party s typical draw. The greatest percentage of nonwhite Republican votes was 26% for George W. Bush in 2004 four percentage points fewer than the Republican candidate would need in 2016. Conversely, if Republicans continue to capture 17% of the nonwhite vote, to win they will need to capture 65% of the white vote, a percentage reached only by Ronald Reagan in his 1984 re-election landslide ( 2016 and Beyond: How Republicans Can Elect a President in the New America, Whit Ayres 2015). In short, capturing the nonwhite vote is more important than ever. The Electoral College: To become president, a candidate must garner 270 electoral votes. Tallying the electoral votes from the states Democrats have consistently won in the past and almost surely will win again (such as

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 4 California and New York), the Democrats head into the election with 257 electoral votes, 13 votes shy of winning the presidency. Tallying up the states that are reliably Republican, and including some states in the southeast that typically go Republican, but not invariably, the Republicans can count on 191 electoral votes, 79 votes short (The Rothenberg & Gonzales Political Report). 90 electoral votes remain in play. Based on these numbers, the Republicans can win only by running the table on the four largest of these toss-up states: Florida, North Carolina, Ohio, and Virginia. (Republicans also must win at least one of Colorado and Nevada.) If the Democrats win any one of those states, they will win the White House. Winning all four toss-up states is far from impossible, but it is a formidable task that gives the Republicans less room for error. Presidency The Candidates Trump s Ascendancy Explained Like virtually all other pundits, when Donald Trump announced his candidacy, we said he would not win the Republican nomination. But we also said that, if Trump is still going strong on March 1 (Super Tuesday), then the calculus will be much different. That prediction ended up much more on the mark. To predict how Trump is likely to fare in the general election, it is important first to understand the source of his appeal. Most of Trump s supporters are older, white, working-class men (and some white women) who feel abandoned by the economic recovery and the political establishment. They feel under siege, both economically and culturally. Trump s incendiary language and nationalistic campaign speak to these disgruntled voters. His supporters believe they finally have found someone tough enough to push back against the forces that have hurt them. They love Trump s confidence and his simple, intuitive answers to issues answers that contrast favorably with the nuanced positions that make other candidates appear wishy-washy and incapable of action. They love that Trump refuses to apologize for statements others find offensive his supporters disdain political correctness as pandering to the very people who threaten their way of life. Trump s supporters further believe conventional politicians have done nothing to reverse their plight. Democrats have fostered programs that help the very people who imperil them. Despite repeated campaign promises, Republicans have done nothing to thwart the Democrats objectives; instead they have, in the words of supporters, let the Obama administration run roughshod over them. Criticism lends credence to Trump s positions and his popularity grows. This reaction explains why Trump continues to thrive in the face of withering attacks. When challenged that his ideas are unconstitutional, illegal, or prohibitively expensive, Trump simply pivots to a personal attack on the objector usually a conventional politician or a member of the media. Because the criticisms come from people Trump s supporters don t like or trust, the barbs only confirm supporters views that Trump is the only one with the ideas and the guts to take on the political establishment. Thus, in a perverse manner, criticism lends credence to Trump s positions and his popularity grows. Trump s candidacy is likely to energize a large portion of Republican voters in the general election. Uncertain is the extent to which his candidacy also energizes the forces against him, and, more broadly, whether his rhetoric can capture a large portion of the 42% of voters who are Independents.

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 5 Clinton s Challenge In our estimation, Hillary Clinton must overcome three challenges to win the general election: The FBI just concluded a months-long investigation into the legality of Clinton s use of a private email server while Secretary of State. We have predicted for a number of months that the FBI would not recommend that Clinton be indicted. Director Comey has now made that official. By avoiding an indictment, Clinton dodged a bullet that would have derailed her candidacy. Clinton s campaign has embraced enthusiastically the Obama administration and virtually all of its policies. Typically, after two terms of one party in the White House, the electorate tends to switch to the opposing party. The last time a two-term Democratic president was followed by a newly elected, different Democratic president was the election of 1837, a contest won by Martin Van Buren. This factor is magnified when the current administration has disappointed many voters. As noted above, many voters feel that the economic recovery has left them behind and that radical change is needed in Washington. The populist fervor arising from this view has fueled not only the rise of Donald Trump, but the surprisingly effective campaign of Bernie Sanders. Given Clinton s long Washington service as First Lady, Senator, and Secretary of State, how does she convincingly present herself as an agent for change? Expect Trump to ask voters why they want four more years of an Obama administration that has not helped their plight. Clinton is not popular with the general electorate: Over 50% of voters view her unfavorably (Washington Post-ABC News poll, June 15, 2016). That is a surprisingly high number given that the official post-convention general election campaign has not even started. Trump s Challenge Although undoubtedly high, Clinton s unpopularity pales in comparison to Trump s. According to the same poll, 70% of voters have an unfavorable view of Trump, the highest number for a general election candidate since modern polling began in the 1980s. When broken down, the polling suggests even deeper problems. Trump is viewed unfavorably by: 77% of women 89% of Hispanics 94% of African Americans Nearly two-thirds of Independents These numbers are particularly troublesome given the metrics noted above, which suggest that capturing minority and Independent votes are more important than ever to winning. As heavyweight champion Mike Tyson famously said, Everyone has a plan until they get punched in the mouth. Will Clinton be able to stay on the offensive in a way others could not? Our Prediction It would seem easy to predict that Hillary Clinton will win the election. The metrics favor her: Independents are not enamored of Trump (at least so far), Democrats typically fare better attracting minority voters, and the party needs to win only one major toss-up state to prevail. Add in Donald Trump s unprecedented unpopularity, and the result seems foreordained. But we believe it is too early to declare the race over. Of particular moment, Donald Trump has an uncanny ability to control and bend the rules of engagement to his advantage. His primary opponents were well-prepared to

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 6 take him on. They knew Trump s weaknesses to exploit. But they were thrown back on their heels by the force of Trump s unconventional attacks. As heavyweight champion Mike Tyson famously said, Everyone has a plan until they get punched in the mouth. Will Clinton be able to stay on the offensive in a way others could not? Trump s nicknames also are fabulously effective: Lyin Ted, Little Marco, Low-Energy Jeb. Now we have Crooked Hillary. How will she be able to fend off Trump s attacks when other seasoned politicians could not do so? Until we see how and whether Clinton handles the Trump onslaught in their debates and on the campaign trail, it is premature to declare her the clear winner. Thus, our bottom line is this: The election metrics, combined with Trump s historical unpopularity, make Clinton the heavy favorite in the general election. But, continuing the boxing analogy, we give Trump a puncher s chance of prevailing. This phrase acknowledges that he is facing a stronger, heavily favored opponent. But Trump could pull off an unlikely win by landing a rhetorical punch that gets through his opponent s defenses and puts her on her heels. Until we see how and whether Clinton handles the Trump onslaught in their debates and on the campaign trail, it is premature to declare her the clear winner. Upcoming: In September, we will be preparing a white paper that discusses the policies a Trump or Clinton administration would likely pursue, whether those policies are likely to be implemented, and how those policies will affect investments, business, taxes, and the markets. Stay tuned. Andrew H. Friedman is the principal of The Washington Update LLC and a former senior partner in a Washington, D.C. law firm. He and his colleague Jeff Bush speak regularly on legislative and regulatory developments and trends affecting investment, insurance, and retirement products. They may be reached at www.thewashingtonupdate.com. The authors of this paper are not providing legal or tax advice as to the matters discussed herein. The discussion herein is general in nature and is provided for informational purposes only. There is no guarantee as to its accuracy or completeness. It is not intended as legal or tax advice and individuals may not rely upon it (including for purposes of avoiding tax penalties imposed by the IRS or state and local tax authorities). Individuals should consult their own legal and tax counsel as to matters discussed herein and before entering into any estate planning, trust, investment, retirement, or insurance arrangement. Copyright Andrew H. Friedman 2016. Reprinted by permission. All rights reserved. The views expressed are those of Andrew Friedman, Jeff Bush and Eaton Vance and are current only through the date stated at the top of this page. These views are subject to change at any time based upon market or other conditions, and Eaton Vance disclaims any responsibility to update such views. These views may not be relied upon as investment advice and, because investment decisions for Eaton Vance are based on many factors, may not be relied upon as an indication of trading intent on behalf of any Eaton Vance fund.

JULY 2016 TIMELY THINKING SIZING UP THE 2016 GENERAL ELECTION 7 About Eaton Vance Eaton Vance is a leading global asset manager whose history dates to 1924. With offices in North America, Europe, Asia and Australia, Eaton Vance and its affiliates offer individuals and institutions a broad array of investment strategies and wealth management solutions. The Company s long record of providing exemplary service, timely innovation and attractive returns through a variety of market conditions has made Eaton Vance the investment manager of choice for many of today s most discerning investors. For more information about Eaton Vance, visit eatonvance.com.

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