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Any possible extension of soon-to-expire Affordable Care Act insurance subsidies will need to get 60 votes, Senate Majority Leader John Thune said Tuesday as rank-and-file lawmakers close in on a deal that could reopen the government and pave the way for additional heath care talks.

Democrats have privately floated an arrangement for the Senate to hold a vote to extend the subsidies at a simple-majority threshold rather than the 60-vote margin for most legislation. Thune rejected the idea, saying there was “no way” that would happen.

“Honestly, think about what the Democrats are asking us to do here,” he told reporters. “They’re saying it’s going to take 60 just to fund the government, but we want to have a vote on a massive sort of piece of health care legislation at 51.”

Agreeing to a health care vote would be part of a larger shutdown-ending deal the rank-and-file senators are discussing. It would also include advancing a new stopgap spending bill, moving some full-year funding bills, plus holding a guaranteed vote once the government reopens on the ACA subsidies, which expire Dec. 31.

Thune said he was open to another possibility under discussion: attaching the full-year Agriculture-FDA, Military Construction-VA and Legislative Branch appropriations bills to an updated stopgap.

The terms of the health care vote are not the only sticking point. Republicans are divided over how long a temporary funding bill should run that would allow lawmakers to write new long-term spending legislation. Thune previously told POLITICO he believes the stopgap needs to go into 2026 but hasn’t ruled out a tighter timeline favored by some GOP appropriators.

Speaker Mike Johnson confirmed Tuesday he, too, wants to avoid a holiday-season jam. He is facing intense pressure from GOP hard-liners who want to push the deadline into March — if not later in the year.

“I’m not a fan of extending it to December,” Johnson said.

Thune said Monday he hopes to have a new stopgap ready to send back to the House by the end of the week. He said Tuesday that senators could work into the weekend if they are on a “glide path” to ending the 35-day shutdown.

Johnson also confirmed the House will return to Washington if the Senate passes a deal to reopen the government. He separately told House Republicans on Tuesday that the House would return “as soon as possible” after the Senate acts, according to four people granted anonymity to describe the private call. Leaders confirmed members would get 48 hours notice, the people said.

Under Thune’s best-case timeline, that would bring the House back early next week — ending what would be a seven-week recess.

President Donald Trump on Tuesday pressed Republicans to do away with the filibuster in the Senate, warning that failing to do so would cost his party control of Congress and the White House in the next two election cycles.

“The Democrats are far more likely to win the Midterms, and the next Presidential Election, if we don’t do the Termination of the Filibuster (The Nuclear Option!), because it will be impossible for Republicans to get Common Sense Policies done with these Crazed Democrat Lunatics being able to block everything by withholding their votes,” Trump wrote in a post on Truth Social.

“FOR THREE YEARS, NOTHING WILL BE PASSED, AND REPUBLICANS WILL BE BLAMED. Elections, including the Midterms, will be rightfully brutal,” he continued. “If we do terminate the Filibuster, we will get EVERYTHING approved, like no Congress in History.”

The posts came on Election Day morning as voters in Virginia and New Jersey are set to decide two hard-fought gubernatorial races — and on Day 35 of a government shutdown that more Americans blame Republicans for than Democrats, according to an ABC News poll last week.

The Senate’s filibuster rule requires 60 votes to bring legislation to the floor and for passage, something both parties have contemplated doing away with in recent years given the chokehold effect on lawmaking in an era of intense partisanship and narrowly divided government.

Senate Majority Leader John Thune quickly dismissed Trump’s proposal on Monday, telling reporters “the votes aren’t there.”

Trump’s first year back in office has produced just one major piece of legislation, a massive package of tax cuts and energy deregulation — the “One Big Beautiful Bill,” as Trump dubbed it — which Republicans passed using a budgetary maneuver that circumvented the filibuster and allowed for passage with just 51 votes. He has not outlined a major legislative agenda for the rest of his term, governing largely by executive orders.

In his post, he suggested a number of conservative priorities — election reforms, more tax cuts, additional actions on the border — that Congress could act on if the filibuster were no longer in place.

The shutdown is barreling into a record-breaking sixth week and Senate Democrats are divided on their strategy for getting out of the morass.

On one side of the split screen, nearly a dozen Democrats are laying the groundwork for talks with Republicans that could bring an end to the partisan stalemate.

Bipartisan conversations so far have focused on passing a new funding patch to reopen federal agencies, reaching an understanding on moving full-year appropriations bills and guaranteeing a floor vote on soon-to-expire Affordable Care Act subsidies. Sen. Jeanne Shaheen (D-N.H.), as she left a meeting with fellow Democrats Monday night, said in an interview she hoped for a resolution in the coming days.

On the other side of that screen, many of Shaheen’s colleagues are still demanding Democrats dig in until Republicans promise to extend the ACA tax credits.

“We have the moral responsibility to stand up and fight for the 15 million people who are about to lose health care,” Sen. Bernie Sanders, a Vermont independent who caucuses with Democrats, said in an interview Monday. “What the polling tells me, and what I believe to be true, is that the vast majority of the American people are behind us not to give in to Trump or the Republicans.”

Fellow progressive Sens. Chris Murphy (D-Conn.) and Elizabeth Warren (D-Mass.) are also calling on Democrats not to wave a white flag.

The Democrats’ intraparty fissure comes as Republicans grow emboldened in their own shutdown posture, with some believing they might be able to flip enough Democrats as soon as this week to pass a stopgap the House can clear for President Donald Trump’s signature.

There are signs of bipartisan momentum in the House as well, where two Democrats and two Republicans teamed up Monday to unveil the first tangible compromise framework for extending the ACA subsidies since the shutdown began (more on that below).

It’s all likely coming as a relief for Senate Republicans amid Trump’s calls to get rid of the filibuster to end the shutdown without help from Democrats — a move that would carry enormous political risks and doesn’t have the support among Republicans, anyway.

“The votes aren’t there,” Senate Majority Leader John Thune told reporters Monday.

Despite cautious optimism there are plenty of differences still to overcome, from internal strategy in both parties to the practical matter of how far out to push the end date for a new continuing resolution.

Senators are currently debating whether to craft a funding patch that would run through December, the preference of senior appropriators, or January, desired by most Republicans. Democratic leadership hasn’t endorsed a deadline yet.

Senate Appropriations Chair Susan Collins (R-Maine) said she’s feeling hopeful about all of it, but “who knows — it could all fall apart.”

What else we’re watching:   

— House eyes possible return: House Republicans will hold a virtual conference meeting Tuesday, where Speaker Mike Johnson is expected to talk his conference through the status of government shutdown negotiations with the Senate. If the Senate can pass an amended stopgap spending measure by the end of this week, the House would likely return to session next week following more than 45 days of recess.

— Mamdani endorsement watch: It’s Election Day in New York City — and the last day for Senate Minority Leader Chuck Schumer to endorse Zohran Mamdani, the Democratic nominee for mayor. Schumer has given no indication he plans to do so, saying last week he was having conversations with the democratic socialist but declining to offer his public support.

Mia McCarthy, Calen Razor, Jordain Carney, Meredith Lee Hill and Jennifer Scholtes contributed to this report.

Democrats showed unmistakable signs of splintering Monday as the government shutdown reached the cusp of setting an all-time record.

While many are still demanding their colleagues dig in and fight, a critical mass of Democratic senators appear to be engaged in serious talks about bringing an end to the five-week stalemate. The shutdown is set to overtake the 35-day record Tuesday night.

The divisions among Democrats over whether it’s time to negotiate a way out — or even what that way out should be — comes as Senate Republicans grow increasingly confident about their posture, with top leaders hoping to be able to pass a funding patch by the end of the week that would reopen shuttered agencies.

To do that, they’ll need to flip at least five more Democratic votes. Double that number of senators met behind closed doors Monday night in a Capitol hideaway office.

Sen. Jeanne Shaheen (D-N.H.), who has been involved in informal bipartisan talks since before the shutdown started, said in a brief interview afterward she hoped there would be a resolution to the shutdown this week.

“We’re having lots of active conversations,” Sen. Elissa Slotkin (D-Mich.) told reporters.

The sense of fatigue with the marathon standoff — and the mounting impacts on everyday Americans, including missing food aid and air travel delays — was acknowledged by at least one senior Democrat.

“I sense that people are tired of this shutdown and all that flows from it,” said Sen. Dick Durbin (D-Ill.), the No. 2 party leader, who added that the bipartisan interlocutors he has spoken to “seem more optimistic.”

But Durbin warned the major sticking point for his party — health care — remains unresolved.

The outlines of the agreement under discussion by rank-and-file senators would fall short of what many Democrats have drawn as a red line: a firm bipartisan agreement to extend Affordable Care Act insurance subsidies that will expire Dec. 31.

Senate Minority Leader Chuck Schumer showed no signs of backing down during a floor speech Monday. He knocked President Donald Trump and Republicans for not coming to the negotiating table even after the open enrollment shopping period opened Saturday, exposing many ACA enrollees to markedly higher premiums.

“It was a bitter, stressful weekend for millions of Americans, but you would never guess it listening to Donald Trump,” Schumer said of the “sticker shock.”

And amid signs that their colleagues could be preparing to concede, a cadre of Senate progressives warned that Democrats need to keep fighting.

“We have the moral responsibility to stand up and fight for the 15 million people who are about to lose health care,” Sen. Bernie Sanders (I-Vt.) said in an interview Monday. “What the polling tells me, and what I believe to be true, is that the vast majority of the American people are behind us not to give in to Trump or the Republicans.”

Sen. Chris Murphy (D-Conn.) said he believed Democrats should continue to fight until they get an agreement to extend the subsidies. He predicted that the results of Tuesday’s off-year elections would confirm that “the American people want us to fight for them.”

“Donald Trump and the Republicans need to come to the negotiating table,” added Sen. Elizabeth Warren (D-Mass.).

In another signal of impending movement, some rank-and-file Senate Democrats who have been involved in the bipartisan talks tried to sell senior House Democrats on a potential off-ramp to the shutdown, according to two people granted anonymity to discuss the private conversations.

But many House Democrats, especially in leadership circles, are still opposed to any deal that doesn’t include a concrete legislative solution to extending the ACA subsidies. The developing Senate deal would likely include the promise of a Senate floor vote that would probably fail, paired with a possible framework for subsequent bipartisan negotiations.

“It won’t be pretty if they vote ‘yes’ over a promised process versus outcome,” one of the people involved in the conversations said, describing the view of many House Democrats. “But they’re trying.”

In addition to Shaheen and Slotkin, Democratic Sens. Chris Coons of Delaware, Mark Kelly of Arizona, Gary Peters of Michigan, Maggie Hassan of New Hampshire, Jon Ossoff of Georgia, Catherine Cortez Masto and Jacky Rosen of Nevada attended the Monday night meeting, as well as Maine Sen. Angus King, an independent who caucuses with Democrats.

Some who attended, but not all, are also part of the bipartisan group of senators who talked through the weekend. Their conversations have focused on passing a new funding patch to reopen agencies, reaching an understanding on moving full-year appropriations bills and scheduling a vote on ACA subsidies. Republicans have also pledged that Trump will meet with Democrats after the shutdown ends.

Cortez Masto and King have already voted multiple times to advance a House-passed stopgap spending bill that would fund the government through Nov. 21. But there is widespread agreement that this measure is now out of date and will have to be revised to extend the deadline into mid-December at least.

Senate Majority Leader John Thune said Monday he hoped to be able to send a revised stopgap back to the House by the end of the week. Under the most optimistic timeline, if the Senate can strike a deal and pass an amended bill by Thursday, the House would return early next week to vote on sending it to Trump, according to three people granted anonymity to discuss private deliberations.

But there are divisions on the Republican side that could complicate that plan.

Senate Appropriations Chair Susan Collins (R-Maine) is pushing for a new deadline of Dec. 19, which she hopes would build momentum to pass a package of full-year funding bills in the coming weeks. She and Sen. Katie Britt (R-Ala.), along with other GOP appropriators, have in recent days been trying to build support for such a plan with Democrats.

But House and Senate GOP leaders are pushing hard against a December deadline, as they face pressure from conservative hard-liners wary of a holiday jam.

“You can’t go to December,” Rep. Andy Biggs (R-Ariz.) said in an interview Monday. “It has to be longer.” Sen. Rick Scott (R-Fla.) wrote on X Monday that he believed the new deadline has to go past Jan. 15.

Republicans could be forced to swallow the December date if it’s the only compromise available in the Senate, but Democrats need to get on the same page, too. Durbin didn’t close the door Monday to a January deadline, but Shaheen said she wanted it to end in December.

“Those people who are arguing for a January CR are those people who want a full-year continuing resolution,” Shaheen said, referring to an extension of current funding levels that would sideline appropriators. “I don’t think that’s in anybody’s interest.”

Collins was among those who struck an optimistic note Monday. “It’s too soon to declare that this nightmare of a shutdown is over, but I’m very cautiously hopeful,” she told reporters.

Later, though, Collins added, “who knows — it could all fall apart again.”

Calen Razor and Katherine Tully-McManus contributed to this report.

The top aide to Rep. Jesús “Chuy” García filed paperwork Monday to run for her boss’ seat — a move that signals the longtime Chicago Democrat might be preparing to retire from Congress.

Patty García submitted her nominating petitions in the final hour before the filing deadline, effectively closing the door to any additional Democratic challengers. As a result, the Democratic primary ballot will feature only her and Rep. García unless he drops out.

The two Garcías are not related. Neither returned requests for comment Monday.

One person close to Rep. García’s camp who was granted anonymity to discuss the situation ahead of a public announcement said the four-term incumbent does not plan to run.

If Rep. Garcia, 69, decides to withdraw, his chief of staff would automatically become the party’s nominee — and, in a safely blue district anchored on Chicago’s West Side, would almost certainly win the seat.

Garcia wouldn’t be the first Chicago politician to make such a move. In 2004, after winning his Democratic primary, Democratic Rep. Bill Lipinski chose not to seek reelection.

He convinced the Illinois Democratic Party to substitute his name on the ballot with that of his son, Dan Lipinski, who subsequently won the general election and served in Congress until 2021.

Senate Majority Leader John Thune said he was “optimistic” an agreement can be reached this week to end the five-week shutdown as bipartisan rank-and-file talks make progress.

Thune, speaking to reporters, said the goal was to be able to send a revised stopgap bill to the House by the end of the week to reopen agencies.

“Obviously there were a lot of conversations over the weekend, and hopefully that will bring about the desired result,” Thune said.

The Senate is expected to extend the Nov. 21 expiration date of the House-passed funding punt for at least several more weeks. Thune previously told POLITICO that the deadline would need to be extended to at least January, but he hasn’t yet endorsed a specific timeline. GOP leaders are discussing a new deadline that would fall between late January and March.

Thune said on Monday that he is “open” to January but in listening mode as he faces competing demands within his conference.

“The longer sort of runway there is better,” he said.

The bipartisan group of rank-and-file senators has been discussing how to package a short-term funding patch that would reopen the government with a plan to move full-year funding bills and give Democrats a vote on soon-to-expire Affordable Care Act subsidies.

Senators involved in the talks believe they are making progress, and while Thune said he was personally “optimistic” a shutdown off-ramp could be imminent, he said he wasn’t yet “confident.”

Republicans are hoping that more Democrats will signal they are ready to end the shutdown after Tuesday’s off-year elections, including closely watched governor races in New Jersey and Virginia.

Democrats say it isn’t the elections that are influencing their thinking but rather the pain that has been inflicted on Americans, including expected delays in federal food aid this month.

Sen. Dick Durbin (D-Ill.) told reporters Monday he also sensed senators are getting closer to an exit strategy but said he wasn’t yet sure what that would be. Democrats have demanded negotiations on health care and so far have rejected the offer of a vote absent a bipartisan deal.

Senate Majority Leader John Thune said Monday there’s not enough support among Republican senators to eliminate the filibuster as President Donald Trump ramps up pressure to change the chamber’s rules to allow the simple-majority passage of legislation.

“The votes aren’t there,” Thune told reporters.

Thune said he had spoken to Trump about the issue — he didn’t specify when — and questioned whether his campaign against the filibuster should come as a surprise.

Trump, during his first term as president, repeatedly pushed for Republicans to nix the 60-vote threshold for most legislation. But he renewed his call late last week as the government shutdown entered its fifth week, with Senate Democrats still opposed to a House-passed stopgap spending bill.

GOP senators and senior Republican aides quickly batted down Trump’s demand. But the president continued pushing over the weekend on social media and an interview with CBS’ “60 Minutes.”

“TERMINATE THE FILIBUSTER, NOT JUST FOR THE SHUTDOWN, BUT FOR EVERYTHING ELSE,” Trump wrote on Truth Social.

A bipartisan quartet of House lawmakers released a “statement of principles” Monday for a potential compromise on an extension of Obamacare subsidies, which would include a two-year sunset and an income cap for eligibility.

The compromise framework from Republican Reps. Don Bacon of Nebraska and Jeff Hurd of Colorado, and Democratic Reps. Tom Suozzi of New York and Josh Gottheimer of New Jersey, is the first public tangible offering on health care policy since the government shutdown began 33 days ago.

Democrats are continuing to insist that any deal to end the shutdown involve an agreement around extending expanded tax credits for Affordable Care Act subsidies that are due to expire at the end of the year. But GOP leaders and President Donald Trump have refused to negotiate on health care until after the government is reopened.

The new blueprint is a sign the partisan freeze is thawing among some factions on Capitol Hill — and that frustration over the impasse is growing. Moderate Republicans in the House are especially losing patience, eager to address the health care issue while Speaker Mike Johnson has kept the chamber out of session since September.

“Congress is gridlocked, and too many Americans have lost faith that we can work together,” Bacon, Hurd, Suozzi and Gottheimer said in a statement. “Our hope is that this shared statement of principles will inspire bipartisan collaboration across Washington and help get Congress back to work for the American people.”

Bacon, in an interview Monday, said he hopes that senators — especially appropriators working on bipartisan talks around full-year government funding bills — will use this plan as fodder to negotiate an ACA extension framework.”I’m all for breaking the logjam,” Bacon said. “A lot of Republicans don’t want to see these premiums go up either.”

The four lawmakers are endorsing a two-year extension of the enhanced tax credits and an income limit on who can qualify for them, which would range from $200,000 to $400,000.

In a bid to appease conservatives who believe that the credits are wasteful and rife with fraud, the bipartisan coalition calls for both parties to identify ways to crack down on agents and brokers who engage in fraudulent practices when enrolling people in Obamacare health plans.

The lawmakers also want to ensure that enrollees are notified of the value of the premium tax credits and that ACA marketplaces track down “ghost beneficiaries” who may be improperly enrolled in the plans.

Bacon has hammered Democrats for not supporting the House-passed stopgap spending measure but said Monday the minority party needs an off-ramp over their ACA demands amid the shutdown, and his proposal with Hurd, Suozzi and Gottheimer could offer that path. He added that such a plan would likely need to be attached to the long-term government funding bills members of the House and Senate Appropriations Committee are continuing to work through along the sidelines of shutdown talks.

But it’s unlikely the proposal would go far enough for hard-liners who want deeper reforms as part of any ACA extension — not to mention those who are opposed to any subsidy extension at all. The compromise plan is silent on whether it would restrict the ACA plans from covering procedures that would end pregnancies — a major demand of the anti-abortion lobby.

And while all four lawmakers are part of the bipartisan House Problem Solvers Caucus, the plan failed to receive the official support of that full caucus, according to two people granted anonymity to share private deliberations. Members of the group had been discussing pieces of the reforms — including a $200,000 income cap for the full subsidies — for several weeks, as POLITICO has reported.

Rep. Brian Fitzpatrick of Pennsylvania, the GOP co-chair for the group, said in an interview in late-September he wanted an ACA deal before open enrollment started last Saturday, a deadline that came and went without Democratic and Republican leaders even talking about the topic. In some states, enrollees are now seeing theirout-of-pocket premiums for 2026 skyrocket by more than 100 percent.

Notably, however, Fitzpatrick didn’t sign onto the plan released Monday, whereas the Democratic co-chair, Suozzi, forged ahead with Bacon, Hurd and Gottheimer. Fitzpatrick has yet to fully review the plan, according to a person with direct knowledge of the matter.

Senate Republicans, including Sens. Dan Sullivan and Lisa Murkowski of Alaska and Tommy Tuberville of Alabama, have also been quietly workshopping their own ideas for a compromise on the subsidies, but have yet to indicate they are close to anything that could be made public.

Other vulnerable House Republicans, like Rep. Jen Kiggans of Virginia, is a co-sponsor with Suozzi and others on legislation they introduced prior to the start of the shutdown that would extend the subsidies for one year.

Sen. James Lankford is warning that the prolonged shutdown could soon threaten the health care coverage of federal employees.

In a letter sent Oct. 30 to Office of Personnel Management Director Scott Kupor, the Oklahoma Republican expressed concern that agencies are no longer contributing to trust funds that are managed by OPM and used to pay for government workers’ health insurance.

“Despite many efforts to reopen the government and pay federal workers, vital agencies remain closed, employees’ paychecks continue to be withheld and now access to healthcare for every federal employee and their families could be threatened,” Lankford wrote in the letter, first obtained by POLITICO. “The men and women who serve our nation should not face uncertainty about their paychecks or their health coverage because of political obstruction in the Senate.”

It’s unclear how soon the lapse in agency contributions towards the fund could impair OPM’s ability to pay for federal workers’ health insurance. As part of the largest employer-sponsored health insurance program in the world — the Federal Employee Health Benefits program, or FEHB — OPM is statutorily authorized to contract with private insurers and pay premiums on behalf of the federal workers, with the government generally funding around 75 percent of those premiums.

Within the FEHB, OPM tracks the finances for each health insurance plan separately and maintains contingency reserves for each plan, which are used to offset unexpected premium increases.

But as the Senate heads into the sixth week of a government shutdown, Lankford says these reserves and their potential depletion could become a more significant issue. A spokesperson for OPM did not immediately respond to a request for comment.

One Senate Republican aide, granted anonymity to speak candidly, said Republicans could use this dynamic as a point of leverage against Democrats, who have been insisting on an extension on expiring Obamacare subsidies as they hold out support for ending the shutdown.

“While Democrats claim they are protecting health care, their decision to keep the government closed is threatening the very benefits they say they want to preserve,” said the aide. “The Senator is sending a letter to OPM to better understand how maintaining coverage during a funding lapse would work, and to offer support where it’s needed.”

According to OPM, the combined balance of the FEHB and a similar program for certain retirees was around $25.4 billion at the end of fiscal year 2024. In his letter to Kupor, Lankford asked when the funds financing each respective insurance plan would hit zero and when insurers would be notified of the lapse in funds.

Lankford also inquired if OPM knows of any legal options to continue paying employer-provided contributions for health care in the event the trust fund is emptied.

The head of the largest federal employees’ union talked with top Democratic congressional leaders about his organization’s calls for Democrats to shore up the votes to end the government shutdown.

“I won’t get into individual conversations, but they’re very well aware of why I’ve taken the stance that I’ve taken,” AFGE president Everett Kelley said in an interview with POLITICO’s Dasha Burns.

He was responding to the question of whether he had spoken to House Minority Leader Hakeem Jeffries, Senate Minority Leader Chuck Schumer or senior Hill Democrats about AFGE’s statement last week asking Democrats to pass the GOP-led government funding patch. The statement from the organization, which represents over 800,000 federal workers, made waves, and sparked speculation about whether Democrats were nearing a point where they would have to cave under the weight of mounting political pressure.

Rank-and-file senators are engaged in bipartisan talksin an effort to break the logjam but they won’t be able to come to any agreement before Congress breaks the record Tuesday evening for the longest government shutdown in U.S. history. Senate Democrats are still seeking a deal on health care as a condition of lending their votes to reopen the government.

Schumer told reporters last week he’d told Kelley “we can do both,” referring to both the fight for health care and for federal workers.

Kelley demurred about whether his relationship with Schumer, Jeffries and others could be harmed by his union’s position.

“Hopefully we are still friends and we’re still allies,” he said.