State Legislative Tracker: Illinois to convene special session

December 2, 2013

Edited by Joel Williams
This week’s tracker includes a partisan count update and a look at one state's upcoming special session.

Weekly highlight

Last week, no state ended its legislative session. Here is a brief look at issues making headlines across the country:

• Illinois: With the state legislature coming into a special session on Tuesday, public pensions in Illinois appear to be set for an overhaul. Last Wednesday, leaders from both parties said that they had reached an agreement on reform that they say will save $160 billion over 30 years, but were tight-lipped on details. The state's five pension systems are considered the nation's worst with a combined debt of $130 billion; according to Bloomberg, they had 40 percent of the necessary assets to cover their obligations in fiscal year 2011. According to Crain's Chicago Business per anonymous sources, Illinois' currently flat 3 percent cost-of-living adjustment (COLA) would be reduced through a new formula limiting the 3 percent to the amount equal to years served times $1,000. The retirement age would also rise up to five years, payments would be guaranteed and workers would have the option of forgoing their pension and putting their funds in a personal account similar to a 401(k). Ten percent of the savings would be added to the state fund yearly. State Sen. Kwame Raoul (D) told Illinois Watchdog that the plan was a compromise and that "nobody from wherever their original position was" would consider it "ideal." Despite the bipartisan push, not all were happy. We Are One Illinois, a group of public employee unions, said that unions were shut out from discussions and that the plan would hurt retirees. The Illinois Policy Institute, a free-market think tank, released a summary questioning the plan's guarantee of pension funding, arguing that it could lead to high costs. Gov. Pat Quinn (D) has voiced support for the plan; he previously stopped paychecks to legislators until they could agree on a plan, causing a lawsuit.

• New Jersey: Governor Chris Christie (R) has come under fire for remarks made about the Dream Act (Tuition Equality Act) that was recently passed in the New Jersey State Senate. The Senate version of the Dream Act would grant in-state tuition rates to immigrants that attended a high school in New Jersey for at least three years and allow them to also be eligible for state financial aid. During his monthly call-in show, Christie said that he would not sign the current state Senate version of the Dream Act. "They’re overreaching and making it unsignable and making the benefits richer than the federal program, the federal Dream Act, that’s simply not acceptable for me." Supporters of Christie question if he is backing away from his campaign promise to Latino voters that he would sign legislation that allows in-state tuition for unauthorized immigrants. A similar version of the Dream Act is expected to be sent to the New Jersey General Assembly for discussion. In response to Christie's remarks, Senate President Stephen Sweeney (D) said on the governor's changing position that, "The Dream Act will reach the Governors desk and after he committed to the families from Vineland to Union City to sign the bill. He once again turns his back on those who need us most... When he was running for governor he supported it now that he is running for President he does not." Christie said of him signing the Act that, “They have time to change that between now and Jan 14. If they do, I will, if they don’t, I won’t."

• South Carolina: In its 2013 legislative session the South Carolina State Senate failed to pass House Bill 3101, the “Freedom Of Healthcare Protection Act” which is meant to stop the state from implementing the Affordable Care Act by amending the code of laws of South Carolina. The bill seeks to make null and void certain federal laws which authorize the takeover of the health insurance industry by the federal government and which mandate that health insurance be purchased individuals or be fined if they do not purchase insurance. House Bill 3103 also prohibits the enforcement of these laws and establishes criminal penalties for violating this article of the law. The bill was first read and introduced on Jan. 8, 2013, revised several times, and was passed by the South Carolina House of Representatives on May 1, 2013. Supporters who introduced the law did so on the basis of the concept of state nullification which they claim is part of their 10th Amendment right to state sovereignty under the United States Constitution, and which they claim allows states to deem a federal law null and void inside their borders. One of the controversial elements in the bill is that it would allow South Carolinians to deduct any federal penalties they must pay for not signing up for insurance coverage from their state income taxes. Critics worry this would adversely affect the state budget. The bill has stirred passions on both sides and is set to be fast-tracked when the Senate comes back into session in January 2014. Some in the business community who are critical of Obamacare, nevertheless oppose H. 3101, claiming that the bill puts them in a difficult position between federal and state law.

• Washington: Senator Ed Murray (D) of Washington State Senate District 43 announced his resignation November 17 in a letter to Governor Jay Inslee. His resignation will be effective December 31. Murray resigned to assume office as Mayor of Seattle on January 1, 2014, after defeating Seattle Mayor Mike McGinn in the general election on November 5. The votes were certified, and his victory became official, on November 26. Murray states that his resignation gives residents of the district sufficient time and opportunity to select his replacement before January when the 2014 Legislative Session begins. As mayor, Murray plans to focus on competent government and says he wants "Seattle to be an example of how government can function." Before Murray was elected as a senator in 2006, he served District 43 of the Washington House of Representatives from 1995 to 2006. He also served as the State Senate Minority Leader in 2013.

Partisan breakdown

As of today, December 2, 2013, the following figures represent the cumulative partisan breakdown of the 50 state senates and 49 state houses. In the 50 states, Republicans currently control 51.7% of all seats while Democrats hold 46.7%. All told, Republicans control 57 chambers while Democrats are the majority in 41 chambers. One chamber is nonpartisan.

Representation in 50 State Legislatures
Party	Number of	Percentage
Democratic state legislators	3,447	46.6%
Republican state legislators	3,813	51.6%
Independent (and nonpartisan) state legislators	67	0.91%
Third party (and non-voting) legislators	12	0.16%
Vacancies	48	0.65%

State Senates

The partisan composition of state senates refers to which political party holds the majority of seats in the state senate. Altogether, in the 50 state senates, there are 1,972 state senators.

As of December 2, 2013, the breakdown of chamber control by party is as follows:

• 21 chambers
• 28 chambers
• 1 chamber (Nebraska)

See also: Partisan composition of state houses

State Houses

The partisan composition of state houses refers to which party holds the majority of seats in the state house or the lower level of each state legislature. Altogether, in the 49 state houses, there are 5,416 state representatives.

As of December 2, 2013, the breakdown of chamber control by party is as follows:

• 20 chambers
• 29 chambers

Sessions

Regular sessions

See also: Dates of 2013 state legislative sessions

Click here to see a chart of each state's 2013 session information.

Currently two out of 50 state legislatures are meeting in regular session. One state is meeting in special session.

As of April 8, all states states have convened their 2013 legislative sessions.

The following states have ended their regular session:

• February 25: Virginia
• February 27: Wyoming

• March 14: Utah
• March 16: New Mexico
• March 25: South Dakota
• March 26: Kentucky
• March 29: Georgia

• April 5: Idaho
• April 5: Mississippi
• April 8: Maryland
• April 14: West Virginia
• April 14: Alaska
• April 19: Tennessee
• April 25: Montana
• April 29: Indiana
• April 29: Washington

• May 3: Florida
• May 3: Hawaii
• May 6: North Dakota
• May 9: Colorado
• May 14: Vermont
• May 17: Arkansas
• May 20: Alabama
• May 20: Minnesota
• May 23: Iowa
• May 27: Texas
• May 30: Missouri
• May 31: Oklahoma

• June 3: Nevada
• June 3: Illinois
• June 5: Connecticut
• June 5: Nebraska
• June 6: Louisiana
• June 14: Arizona
• June 20: Kansas
• June 20: South Carolina

• July 1: Delaware
• July 1: New Hampshire
• July 5: Rhode Island
• July 9: Oregon
• July 10: Maine
• July 26: North Carolina

• September 13: California

• November 15: Wisconsin

Special sessions

Snapshot of State Legislatures
There are 7,387 Total State Legislators
Total Democratic state legislators	3,446 (46.6%)
Total Republican state legislators	3,813 (51.6%)
There are 99 Total State Legislative Chambers
Total Democratic Party-controlled chambers	40
Total Republican Party-controlled chambers	57
Total tied or nonpartisan chambers	2
2013 Session Information
Total Special Elections	78
Total Special Sessions	24

Illinois

As noted in the weekly highlight, Illinois will convene a special session this week to discuss pension reform.

In recess

As of today, December 2, there are 4 state legislatures currently in recess:

• New Jersey: Recess until December 5.
• Pennsylvania: Recess until December 13.
• Michigan: Recess until December 13.
• New York: Recess until December 31.

Redistricting

State news

Redistricting Facts
Maps submitted for vote: 142 out of 142 (100%)**	All maps voted on
States that have completed Congressional Maps	43/43 (Maps ordered redrawn:
States that have completed State Legislative Maps	49/50 (Maps unfinished: ME)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

See also: Status of redistricting maps after the 2010 census

While the great majority of states have completed their redistricting following the 2010 census, the issue still remains for a handful of states. Maine is not required to have its maps completed before 2014. Although the Texas State Legislature passed a plan, it is currently under dispute. Judges have approved its use for the 2014 elections, however.

2013 Legislative Elections

See also: State legislative elections, 2013

A total of 3 of the 99 chambers will hold state legislative elections on November 5, 2013.

The 3 chambers with elections in 2013 are in 2 states. They are:

• New Jersey (Senate and General Assembly)
• Virginia (House only)

Louisiana and Mississippi also typically hold elections in odd years. However, legislators are elected to 4-year terms in those states and those will not be up for election again until 2015.

40 of the country's 1,972 state senate seats are up for re-election in November 2013, and 180 of the country's 5,411 state house seats are up for re-election. Altogether, 220 of the country's 7,383 state legislative seats are up for re-election on November 5, 2013.

Signature filing deadlines

See also: Signature requirements and deadlines for 2013 state legislative elections

The state legislative filing deadlines were as follows:

• New Jersey:

• April 1, 2013 (Major party)
• June 4, 2013 (Independent)

Nomination petitions must contain the signatures of at least 100 voters in the legislative district. Candidates are required to disclose any criminal convictions.

• Virginia:

• March 28, 2013 (Major party)
• June 11, 2013 (Independent)

Nomination petitions must contain the signatures of at least 125 qualified voters in the legislative district. Major party candidates are required to submit a primary filing fee equal to 2% of the annual salary for the office sought in effect in the year in which the candidate files. In 2013, the primary filing fee was $352.80.

Primaries

The state primaries were as follows:

• New Jersey:

• June 4, 2013

• Virginia:

• June 11, 2013

Results

New Jersey had a quiet election, with all competing incumbents winning their primaries.

There were only three hotly contested races, all in the Senate, but none resulted in the ousting of an incumbent:

District 13: Incumbent Joe Kyrillos, Jr. defeated challenger Leigh-Ann Bellew.

District 20: Incumbent Raymond Lesniak defeated challenger Donna Obe.

District 34: Incumbent Nia H. Gill defeated challengers Mark C. Alexander and Vernon Pullins, Jr..

Virginia experienced two upsets in an otherwise quiet day of primaries for the House of Delegates. Voter turnout was expected to fall below 5 percent based on projections at polling locations.

Virginia's legislative primaries yielded a pair of defeats for incumbent legislators. The defeated incumbents were supporters of a recently passed transportation bill that increases sales and gas taxes to improve roadways. The successful challengers lodged primary challenges in part to protest the bill's passage, which they called the biggest tax increase in the state's history.

Mark J. Berg defeated Beverly Sherwood in District 29.

Dave A. LaRock defeated Joe T. May in District 33.

Five incumbents were able to fend off primary challenges in the June 11 primaries:

C. Todd Gilbert defeated Mark W. Prince in District 15.

Bill Howell defeated Craig E. Ennis in District 28.

Bobby Orrock defeated Dustin R. Curtis in District 54.

Roz Dance defeated Evandra D. Thompson in District 63.

Algie Howell defeated Richard James in District 90.

General election

New Jersey

Democratic activists expressed concern that Governor Chris Christie's "coattails" would lead to a Republican state legislature and allow him to successfully promote a conservative agenda ahead of a presidential run in 2016. The Fund for Jobs, Growth and Security super PAC won a legal battle allowing it to spend unlimited amounts on state legislative campaigns in New Jersey. It was founded to prevent Christie's popularity from creating Republican majorities in New Jersey's 2013 elections. The super PAC's president is Susan McCue, who was dubbed by POLITICO as one of U.S. Senate Majority Leader Harry Reid (D-NV) "closest confidantes," is the organization's president.

New Jersey State Senate Party As of November 4, 2013 After the 2013 Election      Democratic Party 24 24      Republican Party 16 16 Total 40 40

New Jersey General Assembly Party As of November 4, 2013 After the 2013 Election      Democratic Party 48 48      Republican Party 32 32 Total 80 80

Democrats were able to stop any strong gains by Republican candidates in the 2013 election. There were no changes to the partisan balance of the State Senate. Republicans in General Assembly were able to pick up two seats from the Democratic majority. In the Senate, every incumbent who ran in 2013 won re-election. Two Democratic incumbents from the General Assembly were defeated on November 5, 2013.

The following are a few races that turned up extremely close under unofficial election results.

Senate District 14

June 4 Democratic primary:

• Linda R. Greenstein a - Incumbent Greenstein first assumed office in 2010.

June 4 Republican primary:

• Peter A. Inverso a

November 5 General election candidates:

Linda R. Greenstein

Peter A. Inverso

Don Dezarn

Note: Unofficial results put Greenstein ahead of Inverso by a margin of 30,999 to 29,759 votes. Dezarn obtained 1,001 according to unofficial results.

Senate District 38

June 4 Democratic primary:

• Bob Gordon a - Incumbent Gordon first assumed office in 2008.

June 4 Republican primary:

• Fernando A. Alonso a

November 5 General election candidates:

Bob Gordon

Fernando A. Alonso

Note: Unofficial results put Gordon ahead of Alonso by a margin of 26,168 to 24,579 votes.

Assembly District 38

June 4 Democratic primary:

• Timothy J. Eustace: 2,702 a Incumbent Eustace first assumed office in 2012.
• Connie Terranova Wagner: 2,886 a Incumbent Wagner first assumed office in 2008.
• Zachary P. Schreiber: 321

Note: Assemblywoman Connie Terranova Wagner (D) withdrew from election on June 11, citing family reasons.

June 4 Republican primary:

• Joan Fragala a
• Joseph J. Scarpa a

November 5 General election candidates:

Timothy J. Eustace

Joseph Lagana

Joan Fragala

Joseph J. Scarpa

Note: Unofficial results put Scarpa ahead of Eustace by a margin of 24,716 to 24,545 votes. Lagana obtained 24,838 according to unofficial results.

Virginia

In the 2013 elections for the Virginia House of Delegates, the Democrats were looking to make inroads into the Republican majorities built up during the 2009 and 2011 state legislative elections. Democratic candidates needed to win a net of 19 seats from Republican officeholders or the Republican candidates seeking to succeed them. In the 2013 elections for the Virginia House of Delegates, all 100 seats were up for election.

Virginia House of Delegates
Party		As of November 4, 2013	After the 2013 Election
	Democratic Party	32	33
	Republican Party	65	67
	Independent	1	0
	Vacancy	2	0
Total		100	100

Republican majorities ultimately held strong, with Democrats gaining one seat and Republicans bolstering their majority by an additional two seats. Two seats were previously vacant and one seat, previously held by independent Lacey Putney, was won by a Republican candidate. The following are some interesting elections and races that turned up extremely close under unofficial election results.

District 2

June 11 Democratic primary:

• Michael Futrell a

June 11 GOP primary:

• Mark Dudenhefer a - Incumbent Dudenhefer first assumed office in 2012.

November 5 General election candidates:

Michael Futrell

Mark Dudenhefer

Note: Unofficial results put Futrell ahead of Dudenhefer by a margin of 8,183 to 7,960 votes.

District 31

June 11 Democratic primary:

• Jeremy McPike a

June 11 GOP primary:

• Scott Lingamfelter a - Incumbent Lingamfelter first assumed office in 2002.

November 5 General election candidates:

Jeremy McPike

Scott Lingamfelter

Note: Unofficial results put Lingamfelter ahead of McPike by a margin of 11,506 to 11,272 votes.

District 86

June 11 Democratic primary:

• Jennifer B. Boysko a
• Herbert C. Kemp

June 11 GOP primary:

• Tom Rust a - Incumbent Rust first assumed office in 2002.

November 5 General election candidates:

Jennifer B. Boysko

Tom Rust

Note: Unofficial results put Rust ahead of Boysko by a margin of 10,383 to 10,327 votes.

District 93

June 11 Democratic primary:

• T. Monty Mason a

June 11 GOP primary:

• Michael Watson a - Incumbent Watson first assumed office in 2008.

November 5 General election candidates:

T. Monty Mason

Michael Watson

Note: Unofficial results put Mason ahead of Watson by a margin of 12,138 to 11,102 votes.

Special Elections

See also: State legislative special elections, 2013

There are four special elections scheduled this week: one in California and three in Georgia. There are also three special primaries in Alabama this week.

California State Assembly District 54

Rep. Holly Mitchell (D) was elected to the California State Senate on September 17. A special election has been called for December 3, with a runoff on February 4, 2014, if necessary. Candidates had until October 11 to file certified nomination papers with the Secretary of State.

December 3 Special election candidates:

Christopher R. Armenta

John Jake

Sebastian Ridley-Thomas

Georgia State Senate District 14

Sen. Barry Loudermilk (R) resigned in order to focus on his Congressional campaign. A special election was called for November 5 elections, with a runoff if necessary on December 3. No party primaries were held for this election. Candidates had from September 16 to September 18 to file certified nomination papers.

December 3 Runoff election candidates:

Matt Laughridge

Bruce Thompson

Georgia House of Representatives District 104

Rep. Donna Sheldon (R) resigned in order to focus on her Congressional campaign. A special election was called for November 5 elections, with a runoff if necessary on December 3. No party primaries were held for this election. Candidates had from September 16 to September 18 to file certified nomination papers.

December 3 Runoff election candidates:

Teresa Cantrell

Chuck Efstration

Georgia House of Representatives District 127

Rep. Quincy Murphy (D) passed away on August 2 after a battle with lung cancer. A special election was called for November 5 elections, with a runoff if necessary on December 3. No party primaries were held for this election. Candidates had from September 16 to September 18 to file certified nomination papers.

December 3 Runoff election candidates:

Diane B. Evans

Brian Prince

Alabama House of Representatives District 31

Rep. Barry Mask (R) resigned following his appointment as the new chief executive officer of the Alabama Association of Realtors. A special election has been called for January 28, with a primary on December 3, 2013, if necessary. Candidates had until October 10, 2013, to file certified nomination papers with the Secretary of State.

December 3 Democratic primary:

• No candidates filed to run.

December 3 GOP primary:

• Michael Griggs
• Mike Holmes
• Frank Bertarelli
• Jimmy Collier

Alabama House of Representatives District 53

Rep. Demetrius Newton (D) passed away on September 11, 2013. A special election has been called for January 28, with a primary on December 3, 2013, if necessary. Candidates had until October 10, 2013, to file certified nomination papers with the Secretary of State.

December 3 Democratic primary:

• Anthony "Alann" Johnson
• Arthur D. Shores Lee
• Demetrius C. Newton Jr.
• Frank Topping

December 3 GOP primary:

• Willie "W.A." Casey

Alabama House of Representatives District 104

Rep. Jim Barton (R) resigned on August 7, 2013, to work for the Kinney Capitol Group. A special election was called for December 3, but pushed back to January 28, 2014. A primary took place on October 15, with a runoff on December 3.

October 8 Democratic primary:

• Stephen P. Carr, II a

October 8 GOP primary:

• Ralph Carmichael
• Nathan Davis
• Susan Hightower a
• Charlie Plyler
• Margie Wilcox a

December 3 GOP primary:

• Susan Hightower
• Margie Wilcox

Recent election results

November 19, 2013

☑California State Assembly District 45
Rep. Bob Blumenfield (D) resigned on July 1 after winning election to the Los Angeles City Council. A blanket primary took place on September 17 and because no candidate received more than 50 percent of the vote, a runoff took place on November 19.

November 19 Runoff candidates:

Matt Dababneh

Susan Shelley

☑Iowa State Senate District 13
Sen. Kent Sorenson (R) resigned on October 2 after allegations of violating ethics rules. A special election has been called for November 19. Democrats caucused to select their nominee on October 21, while Republicans selected theirs on October 17.

November 19 Special election candidates:

Mark Davitt

Julian B. Garrett

☑Wisconsin State Assembly District 21
Rep. Mark Honadel (R) resigned on September 16, 2013, to take a job in the private sector. A special election has been called for November 19, with a primary on October 22 if necessary. Candidates had until September 24 to file certified nomination papers.

November 19 Special election candidates:

Elizabeth Coppola

Jessie Rodriguez

☑Wisconsin State Assembly District 69
Rep. Scott Suder (R) resigned on September 2, 2013, to take a job as an administrator with the state Public Service Commission. A special election has been called for November 19, with a primary on October 22 if necessary. Candidates had until September 24 to file certified nomination papers.

November 19 Special election candidates:

Kenneth A. Slezak

Bob Kulp

Tim Swiggum (Putting People Ahead of Politics)

November 21, 2013

☑Tennessee House of Representatives District 91
Rep. Lois DeBerry (D) passed away on July 28, 2013, from pancreatic cancer. A special election was called for November 21, with a primary on October 8 if necessary. Candidates had until August 29 to file certified nomination papers.

November 21 Special election candidates:

Raumesh Akbari

Jim Tomasik

Looking ahead

Upcoming special elections include:

• December 10: Kentucky State Senate District 13
• December 10: Kentucky House of Representatives District 7
• December 17: New Hampshire House of Representatives Sixth Strafford District
• January 7: Georgia House of Representatives District 2
• January 7: Georgia House of Representatives District 22
• January 7: Iowa House of Representatives District 25
• January 7: Massachusetts House of Representatives Ninth Norfolk District

See also

• State legislative elections, 2013
• 2013 state legislative calendar
• Signature requirements and deadlines for 2013 state government elections
• State legislative special elections, 2013
• State legislative recalls