Daily Brew: December 4, 2018

December 4, 2018

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Today's Brew has the latest from Alaska's close state house races + how the Congressional Review could impact net neutrality   Welcome to the Tuesday, December 4 Brew. Here’s what’s in store for you as you start your day: LeBon (R) leads Dodge (D) by 1 vote for Alaska House District 1 Net neutrality advocates push for Congressional Review Act resolution ahead of December 10 deadline States see changes in the number of required signatures for initiatives due to 2018 turnout LeBon (R) leads Dodge (D) by 1 vote for Alaska House District 1; race might decide control of chamber A Friday recount in Alaska House District 1 determined that Bart LeBon (R) leads Kathryn Dodge (D) by one vote, 2,663 to 2,662. The outcome of the race could determine partisan control of the Alaska House and whether Alaska goes from being under divided government to a Republican trifecta. Alaska would be the 23rd Republican trifecta (Democrats have 14) and the only state where Republicans gained a trifecta in the 2018 elections. Not counting District 1, Republicans won 22 of 40 seats in the Alaska House, while Democrats won 16 and independent Daniel Ortiz, who caucuses with Democrats, won the remaining seat. However, three Republicans have not committed to joining the majority caucus: Louise Stutes and Gabrielle LeDoux—both of whom caucused with Democrats from 2017 to 2018—and David Eastman, who says he might want a more conservative leader than presumptive speaker David Talerico. A win by LeBon would give Republicans at least 20 seats for organizing a majority coalition. A win by Dodge might allow Democrats to control at least half the chamber through a coalition that includes Stutes, LeDoux, and Ortiz. Alaska media outlets have reported that Democrats John Lincoln and Neal Foster—both of whom represent rural districts in the far north of the state—could also join the Republican coalition. Dodge has until tomorrow to file an appeal of the race’s result that will go directly to the Alaska Supreme Court. LeBon has not yet declared victory, saying, “I’m pretty sure this has got another layer to it. I would be thrilled if it was over, but is this over? I just don’t think so.” Read about the closest Congressional races of 2018 here, and stick around for a future update on the closest state legislative races of the year. Learn more Net neutrality advocates push for Congressional Review Act resolution ahead of December 10 deadline Proponents of what is referred to as net neutrality by its policy supporters want members of the U.S. House to support a resolution under the Congressional Review Act (CRA) that would reverse the Federal Communications Commission’s (FCC) repeal of net neutrality restrictions. The 2018 FCC rule reversed regulations from 2015 that treated broadband internet service like a utility. Companies like Reddit, Tumblr, and Airbnb joined supporters in calling for House members to vote in favor of the CRA resolution. As of last week, there were 178 votes in favor of bringing the resolution to the House floor out of a required 218. Supporters of the CRA resolution argue that net neutrality rules keep internet companies from raising prices and from making certain internet content harder to access by bundling websites like a cable package. Those who favor the FCC repeal of net neutrality rules argue that fewer regulations will lead to more investment in internet infrastructure and allow price competition, which could lead to technological innovations. Other supporters of the FCC repeal of net neutrality rules argue that Congress should pass legislation on the subject rather than leaving it to the FCC to make rules that can vary with new presidential administrations. The U.S. Senate passed its own resolution to restore net neutrality restrictions in May 2018. If the House passes a companion resolution by December 10th, then President Trump would have to sign it in order to repeal the FCC rule. The CRA is a federal law passed in 1996 creating a review period during which Congress, by passing a joint resolution of disapproval that is then signed by the president, can overturn a new federal agency rule. Prior to 2017, the law was successfully used only once, to overturn a rule on ergonomics in the workplace in 2001. In the first four months of his administration, President Donald Trump (R) signed 14 CRA resolutions from Congress undoing a variety of rules issued near the end of Barack Obama's (D) presidency. As of May 2018, the last time the CRA was successfully used, 16 rules have been repealed under President Trump. Here's more on the CRA→ States see changes in the number of required signatures for initiatives due to 2018 turnout Voter turnout during the 2018 elections caused a change in the number of valid signatures required for initiatives and veto referendums in 18 of the 26 states with at least one form of statewide initiative or referendum. Signature requirements are determined differently depending on the state. The majority of states with citizen-initiated measures—16—base signature requirements on ballots cast for gubernatorial candidates in the preceding gubernatorial election. Four states base signature requirements on total ballots cast in the preceding general election. Of the remaining states, two states base requirements on voters for presidential candidates within the state, two states base requirements on registered voters, one state bases requirements on votes cast for secretary of state candidates, and one state bases requirements on the state population. Official November 2018 election results revealed the following changes in signatures requirements, among others. Alaska: Signature requirements for initiatives in Alaska fell by 11 percent. 2018 requirement: 32,127 valid signatures   2020 requirement: 28,501 valid signatures Alaska bases its initiative signature requirement on the total votes cast in the last general election. Thus, the requirement for 2018 was based on turnout at the 2016 presidential election. Massachusetts: Signature requirements for initiatives and veto referendums increased by 25 percent based on turnout at the 2018 election. 2016 and 2018 requirement for initiated state statutes: combined 75,542 valid signatures (in two rounds)   2020 and 2022 requirement for initiated state statutes: combined 93,611 valid signatures (in two rounds)   2018 and 2020 requirement for initiated constitutional amendments: 64,750 valid signatures   2022 and 2024 requirement for initiated constitutional amendments: 80,239 valid signatures Michigan: Signatures requirements for initiatives in Michigan increased by 35 percent. 2016 and 2018 initiated constitutional amendment requirement: 315,654 valid signatures   2020 and 2022 initiated constitutional amendment requirement: 425,059 valid signatures   2016 and 2018 initiated state statute requirement: 252,523 valid signatures   2020 and 2022 initiated state statute requirement: 340,047 valid signatures Michigan’s signature requirement is based on votes cast for gubernatorial candidates. Nevada: Based on 2018 election results, the number of signatures required to get an initiated amendment or veto referendum on the ballot in 2020 or an initiated statute in 2022 decreased by 13 percent. The requirement, however, was a 77 percent increase from the requirements based on turnout at the last mid-term election in 2014. The requirement based on 2014 turnout: 55,234   The requirement based on 2016 turnout: 112,543   The requirement based on 2018 turnout: 97,616 In Nevada, the number of signatures required to get an initiative placed on the ballot is based on the ballots cast in the preceding general election. As signatures for initiated statutes in Nevada are due about two years before the targeted general election, the requirement lags by one general election relative to initiated amendments and veto referendums. The deadline for 2020 initiated statutes in Nevada was November 13, 2018, and therefore the signature requirement was based on 2016 election turnout. New Mexico: Signature requirements for veto referendums in New Mexico decreased by 13 percent. 2018 requirement: 80,407 valid signatures (201,018 to suspend the law until the election)   2020 requirement: 70,165 valid signatures (175,413 to suspend the law until the election) For veto referendums, the only form of citizen-initiated measure in New Mexico, the signature requirement is based on votes case in the most recent general election. See here for a full list of changes→