Given that EFCA passed the House in 2007, and was defeated only by a 48-vote filibuster in the Senate, we have been noting for some time now that its prospects in 2009 depend heavily on the combination of an Obama presidency and a filibuster-proof Democratic majority in the Senate. 

Reiterating our observation from two weeks ago:

...the Senate is a fabulously complex body with rules that few fully understand, so there are a number of scenarios that could lead to compromise or even blockage of EFCA 2009. But the smart money right now - October 14, 2008 - would be on a fairly strong version of the bill becoming law in mid-2009.

We will, of course, continue to keep an eye on the hotly-contested Senate races.

In that light, now through election day, we will post regular polling information on the key Senate races likely to impact EFCA's viability.

Today, October 28, 2008:

Electoral-Vote.com places the projected Senate at 59 Democrats to 41 Republicans.

This projects EFCA opponents Elizabeth Dole (R-NC), Norm Coleman (R-MN) and Ted Stevens (R-AK) in jeopardy of losing their seats by a small margin.

Similarly ElectionProjection.com projects a 59-41 margin if one factors "Independents" Lieberman (CT) and Sanders (VT) in with the Democratic caucus -- as they are likely to be on EFCA.   They see Democratic gains in Oregon, Minnesota, Colorado, New Mexico, Alaska, Virginia, North Carolina and New Hampshire.