Daily Brew: December 17, 2018

December 17, 2018

   ← Dec 14

Dec 18 →   

Get your daily cup of news

Email *

Please complete the Captcha above

Iowa will vote on constitutional convention question in 2020   Welcome to the Monday, December 17 Brew. Here’s what’s in store for you as you start your day: Iowa will vote on a constitutional convention question in 2020 Kentucky Supreme Court rules pension law invalid Special city council filing deadline passes in Phoenix, Arizona Iowa will vote on a constitutional convention question in 2020 In fourteen states, the question of whether to hold a constitutional convention is automatically referred to a statewide ballot without any requirement for a vote of the state legislature to place the question on the ballot. The question appears on the Iowa ballot automatically every 10 years as provided by the state constitution. From 1970 to 2010, each decennial constitutional convention question in Iowa has been rejected. On average, voters rejected the measures by 64 percent to 36 percent. Like Iowa, four other states have a Constitutional Convention question on the statewide ballot every ten years: Alaska, Hawaii, New Hampshire, and Rhode Island. Hawaii voters decided a constitutional convention question in November 2018, rejecting it by 70 percent to 30 percent. One state, Michigan, has a Constitutional Convention question on the statewide ballot every sixteen years. The question will next appear on Michigan's ballot in 2026. Eight states have a Constitutional Convention question on the statewide ballot every twenty years: Connecticut, Illinois, Maryland, Missouri, Montana, New York, Ohio, and Oklahoma. Other upcoming constitutional convention questions: Alaska (2022), Missouri (2022), New Hampshire (2022), Rhode Island (2024), Michigan (2026), Connecticut (2028), Hawaii (2028), Illinois (2028), Iowa (2030), Maryland (2030), Montana (2030), Alaska (2032), New Hampshire (2032), and Ohio (2032). The last constitutional convention question that was approved and resulted in a convention being held was Rhode Island Proposal 1 of 1984 which led to the state holding a constitutional convention in 1986. Learn more Kentucky Supreme Court rules state pension law invalid The Kentucky Supreme Court upheld an earlier decision from the Franklin Circuit Court regarding Senate Bill (SB) 151, which proposed changing the state pension system. Gov. Matt Bevin (R) signed SB 151 on April 10. Attorney General Andy Beshear (D) along with the Kentucky Education Association and the Kentucky State Lodge Fraternal Order of Police filed a lawsuit challenging the law the next day. Beshear argued the legislation "reduces the retirement benefits of the over 200,000 active members of the pension systems. ... In doing so, it breaks the 'inviolable' contract that the Commonwealth made with its public employees." The lawsuit also claimed the legislature used an illegal process to pass the bill. In his opinion for the court, Justice Daniel Venters wrote that "the passage of SB 151 did not comply with the three-readings requirement of § 46 and that the legislation is, therefore, constitutionally invalid and declared void." He referred to § 46 of the Kentucky Constitution, which established a three-reading requirement in which a bill must be read at length on three different days in each chamber before it can pass. Venters wrote that SB 151, which was initially a bill about wastewater services and was amended to address the state pension system, did not comply with the requirement because it was not read three times in its final form. The ruling stated, "SB 151 was never 'read' in either chamber by its title as an act relating to retirement and public pensions." The seven-member Kentucky Supreme Court consists of two judges—Venters and Judge Michelle Keller—who were appointed by Gov. Steve Beshear (D), who is also the attorney general's father; two judges appointed by Gov. Ernie Fletcher (R), and three judges elected in nonpartisan races to the court. In an official statement, Bevin said the ruling was "an unprecedented power grab by activist judges. ... In the long-term, this will erode the rule of law that is the foundation of our government, but more immediately, this will destroy the financial condition of Kentucky." Beshear said the ruling was "an important win for good government and transparency. It sends a message that the Constitution does not allow lawmakers to hide their actions." Learn more→ Special city council filing deadline passes in Phoenix, Arizona The filing deadline for two seats on the Phoenix City Council passed last Wednesday. The special general election will be held on March 12, 2019, with a runoff election scheduled for May 21, 2019, if needed. The special election was called after former city council members Kate Gallego and Daniel Valenzuela resigned their seats to run for mayor of Phoenix. Arizona is one of five states with a resign-to-run law; the state requires officeholders to resign from their current office when they file nominating papers for another office if they have more than a year left in their current term. Both Gallego and Valenzuela advanced to the runoff from a field of four. The March 12 general election will also serve as the special runoff election for Phoenix mayor after no candidate received a majority of the vote in the general election on November 6, 2018. The mayoral election was called after former Mayor Greg Stanton resigned his seat on May 29 to run for Congress. Five candidates filed for the District 5 seat, including appointed incumbent Vania Guevara, and nine candidates filed for the District 8 seat. Felicita Mendoza, who was appointed to the District 8 seat, did not file for re-election. Candidates have until December 27 to withdraw from the race. The city clerk is expected to certify candidates by December 31. Learn more→