State Legislative Tracker: Legislators spark controversy early in sessions

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January 12, 2015

Edited by Joel Williams
This week’s tracker includes a look at a legislator charged with DUI in Kentucky and a legislator switching parties in North Carolina.

Weekly highlight

  • Kentucky: The new Kentucky legislative session had just barely started when a state senator was arrested and charged with driving under the influence last week. Brandon Smith (R-Hazard) was pulled over by a state trooper outside of the capital of Frankfort Tuesday night, several hours after the 2015 session began, for driving 20 miles over the 45 mph speed limit.[1] When the officer suspected Smith of drinking after observing "watery, bloodshot eyes," the District 30 senator reportedly submitted to a breathalyzer test, which yielded a blood-to-alcohol ratio of 0.088; the legal limit in Kentucky is 0.08.[2] Smith, who initially denied having anything to drink, was said to have failed parts of a field sobriety test, after which he claimed to have had a drink around 3 p.m., six hours prior to the traffic stop. After being taken to the Franklin County jail, Smith refused a second breath test.[3] Upon returning to work, the senator declined comment at first, and his attorney, William Johnson, said he was "optimistic the matter will be resolved to the satisfaction of everybody."[2] Smith, a former Republican whip, is the vice-chair of the Senate Transportation Committee, which has jurisdiction over the Kentucky State Police.[4] Later on Wednesday, Smith spoke to reporters, noting that Johnson advised him not to divulge details of the case, which he said he found difficult. Smith was open about regularly voting against expanded alcohol sales in the state, which he cited as a "[reflection] of the people that I serve". He said his standing with those constituents is not likely to be damaged because of the first-time offense, which was elevated to an aggravated charge due to refusal of the second test.[3][5] Smith made headlines last year, when during an argument against federal regulations on carbon emissions, he erroneously claimed that temperatures on Mars matched those on Earth.[3]
  • North Carolina: The 2015 legislative session does not begin until Wednesday, but Democrats in the North Carolina House of Representatives are already one member short. Rep. Paul Tine announced on January 7, 2015, that he changed his party affiliation from Democrat to independent. This change will give Republicans a 75-45 majority over Democrats in the House.[6] Tine said that he changed his party affiliation because he feels he can get more done by being an independent in a chamber that is controlled by Republicans.[7] In an interview with WRAL News, Tine said, "Can I do that best by working with the majority or working with the minority who doesn't always hold the same views as my district does? I feel that I can do a better job for the district by working with the Republicans."[8] Tine hopes to caucus with Republicans, but it is not yet official.[7] Tine must first attain permission from House Republicans, but House Speaker-designee Tim Moore said that, "We certainly will welcome Paul to be part of our caucus."[8] If Tine is allowed to join the Republican caucus, he will be in a position to hear first-hand the proposed legislation and policy debates. Rep. Duane Hall (D) commented that many times in Tine's first term he noticed Tine's frustration with his party and the lack of progress in the legislature on important issues, which Hall thinks accounted for Tine's party change.[9] Tine does not know how much his decision will affect his political future, but right now he plans to run for office in 2016 as an unaffiliated candidate, although he has not ruled out becoming a Republican.[8]

Sessions

Regular sessions

Current sessions capture for the week of January 12, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 27 out of 50 state legislatures are meeting in regular session.

The following states have convened their 2015 regular session:[10]

In recess

As of today, January 12, there are no state legislatures currently in recess.[11]

2015 Legislative Elections

See also: State legislative elections, 2015

A total of seven of the 99 chambers will hold state legislative elections on November 3, 2015.

There seven chambers in four states with elections in 2015. They are:

The New Jersey senate also typically holds elections in odd years, but all members were elected to four-year terms in 2013 and are not up for election again until 2017.

Of 1,972 state senate seats in the country, 131 are up for re-election in November 2015, and 407 of the country's 5,411 state house seats are up for re-election. Altogether, 538 of the country's 7,383 state legislative seats are up for re-election on November 3, 2015.

Primary Information

The state legislative filing deadlines and primary dates are as follows:

Filing Deadlines

Primary Dates

Special Elections

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See also: State legislative special elections, 2015

There are two special elections scheduled this week: one each in Texas and Virginia.

Texas House of Representatives District 13

See also: Texas state legislative special elections, 2015

Cecil R. Webster Sr. (D), Becky Berger (R), Carolyn Cerny Bilski (R) and Leighton Schubert (R) faced off in the special election on January 13, 2015.[15] Because no candidate received more than 50 percent of the vote, the top two vote-getters, Bilski and Schubert, met in a runoff election on February 17, which Schubert won.[16][17]

The seat was vacant following Lois Kolkhorst's (R) election to the Texas State Senate on December 6, 2014.[18]

A special election for the position of Texas House of Representatives District 13 was called for January 13, 2015. The filing deadline for candidates wishing to run in this election was December 29, 2014.[19]

Texas House of Representatives, District 13, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngLeighton Schubert 57.1% 6,352
     Republican Carolyn Cerny Bilski 42.9% 4,763
Total Votes 11,115
Texas House of Representatives, District 13, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngCarolyn Cerny Bilski 43.5% 4,319
     Republican Green check mark transparent.pngLeighton Schubert 32.8% 3,259
     Democratic Cecil R. Webster Sr. 12.9% 1,285
     Republican Becky Berger 10.8% 1,076
Total Votes 9,939


January 13 Special election candidates:
Democratic Party Cecil R. Webster, Sr.
Republican Party Becky Berger
Republican Party Carolyn Cerny Bilski
Republican Party Leighton Schubert

Virginia House of Delegates District 74

See also: Virginia state legislative special elections, 2015

Joseph Morrissey (I) defeated Kevin J. Sullivan (D) and Matt D. Walton (R) in the special election on January 13, 2015.[20][21]

The seat was vacant following Joseph Morrissey's (D) resignation on January 13, 2015, following his misdemeanor conviction on December 12, 2014 of contributing to the delinquency of a minor.[22]

Morrissey's re-election drew controversy from both sides of the aisle. Leaders from both parties indicated that he may be expelled from the chamber or censured when the legislature convened its session on January 14, 2015, though no such motion was ever passed.[21] Sen. Chap Petersen (D), who also works as a private attorney, suggested the legislature may be unable to do anything since the criminal action occurred prior to his re-election.[23][24]

A special election for the position of Virginia House of Delegates District 74 was called for January 13. The filing deadline for candidates wishing to run in this election was December 23, 2014.[25]

Virginia House of Delegates, District 74, Special Election, 2015
Party Candidate Vote % Votes
     Independent Green check mark transparent.pngJoseph Morrissey Incumbent 42.4% 2,840
     Democratic Kevin J. Sullivan 33.4% 2,242
     Republican Matt D. Walton 24.2% 1,622
Total Votes 6,704
January 13 Special election candidates:
Democratic Party Kevin J. Sullivan
Republican Party Matt D. Walton
Grey.png Joseph Morrissey

Recent results

January 6, 2015

RunoffArrow.jpg Georgia House of Representatives District 50

See also: Georgia state legislative special elections, 2015

Kelly Leigh Stewart (R), Royce M. Reinecke (R), Bradford Jay Raffensperger (R), Christine A. Austin (L) and Paul Troop (I) faced off in the special election on January 6, 2015.[26] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Stewart and Raffensperger, met in a runoff election on February 3, which Raffensperger won.[27][28]

The seat was vacant following Lynne Riley's (R) resignation to become Commissioner of the Department of Revenue.[29]

A special election for the position of Georgia House of Representatives District 50 was called for January 6, with a runoff on February 3. The filing deadline for candidates wishing to run in this election was November 21, 2014.[30]

Georgia House of Representatives, District 50, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngBradford Jay Raffensperger 52.8% 1,510
     Republican Kelly Leigh Stewart 47.2% 1,351
Total Votes 2,861


January 6 Special election candidates:
Republican Party Kelly Leigh Stewart Approveda
Republican Party Royce M. Reinecke
Republican Party Bradford Jay Raffensperger Approveda
Libertarian Party Christine A. Austin
Grey.png Paul Troop

RunoffArrow.jpg Georgia House of Representatives District 120

See also: Georgia state legislative special elections, 2015

Republicans Debbie Bartlett, Jesse Copelan, Gary Gerrard, Jesse Johnson and Trey Rhodes faced off in the special election on January 6, 2015.[31] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Rhodes and Copelan, met in a runoff election on February 3, which Rhodes won.[32][28]

The seat was vacant following Mickey Channell's (R) scheduled retirement on January 15, 2015.[33]

A special election for the position of Georgia House of Representatives District 120 was called for January 6, with a runoff on February 3. The filing deadline for candidates wishing to run in this election was December 10, 2014.[34]

Georgia House of Representatives, District 120, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngTrey Rhodes 53.4% 2,713
     Republican Jesse Copelan 46.6% 2,366
Total Votes 5,079
January 6 Special election candidates:
Republican Party Debbie Bartlett
Republican Party Jesse Copelan Approveda
Republican Party Gary Gerrard
Republican Party Jesse Johnson
Republican Party Trey Rhodes Approveda

RunoffArrow.jpg Georgia House of Representatives District 120

See also: Georgia state legislative special elections, 2015

Republicans Debbie Bartlett, Jesse Copelan, Gary Gerrard, Jesse Johnson and Trey Rhodes faced off in the special election on January 6, 2015.[31] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Rhodes and Copelan, met in a runoff election on February 3, which Rhodes won.[32][28]

The seat was vacant following Mickey Channell's (R) scheduled retirement on January 15, 2015.[35]

A special election for the position of Georgia House of Representatives District 120 was called for January 6, with a runoff on February 3. The filing deadline for candidates wishing to run in this election was December 10, 2014.[36]

Georgia House of Representatives, District 120, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngTrey Rhodes 53.4% 2,713
     Republican Jesse Copelan 46.6% 2,366
Total Votes 5,079
January 6 Special election candidates:
Republican Party Debbie Bartlett
Republican Party Jesse Copelan Approveda
Republican Party Gary Gerrard
Republican Party Jesse Johnson
Republican Party Trey Rhodes Approveda

☑ Iowa House of Representatives District 4

See also: Iowa state legislative special elections, 2015

John Kooiker (R) defeated John Buntsma (D) in the special election on January 6, 2015.[37][38][39]

The seat was vacant following Dwayne Alons' (R) death on November 29, 2014.[40]

A special election for the position of Iowa House of Representatives District 4 was called for January 6. The filing deadline for candidates wishing to run in this election was December 23, 2014.[41]

Iowa House of Representatives, District 4, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngJohn Kooiker 81.9% 2,064
     Democratic John Buntsma 18.1% 456
Total Votes 2,520
January 6 Special election candidates:
Democratic Party John Buntsma
Republican Party John Kooiker Green check mark transparent.png

RunoffArrow.jpg Texas State Senate District 26

See also: Texas state legislative special elections, 2015

Trey Martinez Fischer (D), José Menéndez (D), Al Suarez (D), Alma Perez Jackson (R) and Joan Pedrotti (R) faced off in the special election on January 6, 2015.[42] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Fischer and Menéndez, met in a runoff election on February 17, which Menéndez won.[43][17]

The seat was vacant following Leticia Van de Putte's (D) resignation to run for Mayor of San Antonio.[44]

A special election for the position of Texas State Senate District 26 was called for January 6, 2015. The filing deadline for candidates wishing to run in this election was December 22, 2014.[44]

Texas State Senate, District 26, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJosé Menéndez 59% 13,891
     Democratic Trey Martinez Fischer 41% 9,635
Total Votes 23,526
Texas State Senate, District 26, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngTrey Martinez Fischer 43.3% 8,232
     Democratic Green check mark transparent.pngJosé Menéndez 25.4% 4,824
     Republican Alma Perez Jackson 20.5% 3,892
     Republican Joan Pedrotti 7.5% 1,427
     Democratic Al Suarez 3.4% 644
Total Votes 19,019


January 6 Special election candidates:
Democratic Party Trey Martinez Fischer Approveda
Democratic Party Jose Menendez Approveda
Democratic Party Al Suarez
Republican Party Alma Perez Jackson
Republican Party Joan Pedrotti

RunoffArrow.jpg Texas House of Representatives District 17

See also: Texas state legislative special elections, 2015

Shelley Cartier (D), Ty McDonald (D), John Cyrier (R), Brent Golemon (R) and Linda Curtis (I) faced off in the special election on January 6, 2015.[45] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Cyrier and Golemon, met in a runoff election on February 17, which Cyrier won.[43][17]

The seat was vacant following Tim Kleinschmidt's (R) resignation to become general counsel for Texas Agriculture Commissioner Sid Miller.[44]

A special election for the position of Texas House of Representatives District 17 was called for January 6, 2015. The filing deadline for candidates wishing to run in this election was December 22, 2014.[44]

Texas House of Representatives, District 17, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngJohn Cyrier 52.1% 4,149
     Republican Brent Golemon 47.9% 3,821
Total Votes 7,970
Texas House of Representatives, District 17, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngJohn Cyrier 46.1% 3,520
     Republican Green check mark transparent.pngBrent Golemon 24.5% 1,867
     Independent Linda Curtis 13.7% 1,046
     Democratic Ty McDonald 11.9% 907
     Democratic Shelley Cartier 3.8% 291
Total Votes 7,631
January 6 Special election candidates:
Democratic Party Shelley Cartier
Democratic Party Ty McDonald
Republican Party John Cyrier Approveda
Republican Party Brent Golemon Approveda
Grey.png Linda Curtis

RunoffArrow.jpg Texas House of Representatives District 123

See also: Texas state legislative special elections, 2015

Melissa Aguillon (D), Diego Bernal (D), Walter Martinez (D), Nunzio Previtera (R), Paul Ingmundson (G) and Roger V. Gary (L) faced off in the special election on January 6, 2015.[46] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Bernal and Previtera, met in a runoff election on February 17, which Bernal won.[43][17]

The seat was vacant following Michael Villarreal's (D) resignation to run for Mayor of San Antonio.[44]

A special election for the position of Texas House of Representatives District 123 was called for January 6, 2015. The filing deadline for candidates wishing to run in this election was December 22, 2014.[44]

Texas House of Representatives, District 123, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngDiego Bernal 63.7% 5,170
     Republican Nunzio Previtera 36.3% 2,950
Total Votes 8,120
Texas House of Representatives, District 123, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngDiego Bernal 47.5% 3,372
     Republican Green check mark transparent.pngNunzio Previtera 21.3% 1,512
     Democratic Melissa Aguillon 17.7% 1,257
     Democratic Walter Martinez 11% 780
     Libertarian Roger V. Gary 1.4% 103
     Green Paul Ingmundson 1.1% 81
Total Votes 7,105


January 6 Special election candidates:
Democratic Party Melissa Aguillon
Democratic Party Diego Bernal Approveda
Democratic Party Walter Martinez
Republican Party Nunzio Previtera Approveda
Green Party Paul Ingmundson
Libertarian Party Roger V. Gary

☑ Virginia House of Delegates District 34

See also: Virginia state legislative special elections, 2015

Kathleen J. Murphy (D) defeated Craig A. Parisot (R) in the special election on January 6, 2015.[47][48][49]

The seat was vacant following Barbara Comstock's (R) election to the 10th Congressional District of Virginia.[50]

A special election for the position of Virginia House of Delegates District 34 was called for January 6. The filing deadline for candidates wishing to run in this election was November 16, 2014.[50]

Virginia House of Delegates, District 34, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngKathleen J. Murphy 51.3% 6,419
     Republican Craig A. Parisot 48.7% 6,093
Total Votes 12,512
January 6 Special election candidates:
Democratic Party Kathleen J. Murphy Green check mark transparent.png
Republican Party Craig A. Parisot

☑ Virginia House of Delegates District 63

See also: Virginia state legislative special elections, 2015

Joseph Preston (D) defeated W. H. "Mouse" Jones Jr. (I) in the special election on January 6, 2015.[51][48][52]

The seat was vacant following Roz Dance's (D) election to the Virginia State Senate in November 2014.[53]

A special election for the position of Virginia House of Delegates District 63 was called for January 6. The filing deadline for candidates wishing to run in this election was December 3, 2014.[54]

Virginia House of Delegates, District 63, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJoseph Preston 81% 1,213
     Independent W. H. "Mouse" Jones Jr. 19% 285
Total Votes 1,498
January 6 Special election candidates:
Democratic Party Joseph Preston Green check mark transparent.png
Grey.png W. H. "Mouse" Jones, Jr.

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. ↑ The Courier-Journal, "Senate foe of expanded alcohol sales gets DUI," January 7, 2015
  2. ↑ 2.0 2.1 Associated Press, "Kentucky Lawmaker Charged With DUI On 1st Day Of Session," January 8, 2015
  3. ↑ 3.0 3.1 3.2 CNHI News Service, "Lawmaker reacts to DUI citation," January 7, 2015
  4. ↑ The State Journal, "Kentucky Senator Brandon Smith, R-Hazard, Charged With DUI On Session's Opening Day," January 7, 2015
  5. ↑ WKYT, "Ky. Senator Brandon Smith charged with DUI, speeding in Frankfort," January 7, 2015
  6. ↑ The Outer Banks Voice, "Rep. Paul Tine goes unaffiliated, will caucus with the GOP," January 9, 2015
  7. ↑ 7.0 7.1 News & Observer, "State Democratic lawmaker switching party affiliation," January 7, 2015
  8. ↑ 8.0 8.1 8.2 Wral.com, "Lawmaker leaves Democrats to work with legislative majority," January 7, 2015
  9. ↑ Time Warner News, "NC Representative Leaves Democratic Party," January 8, 2015
  10. ↑ Stateside Associates, " Session Calendar 2014," accessed January 12, 2015
  11. ↑ StateNet, " Daily Session Summary," accessed January 12, 2015
  12. ↑ 12.0 12.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  13. ↑ 13.0 13.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  14. ↑ 14.0 14.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  15. ↑ Texas Secretary of State, "Official candidate list," accessed December 31, 2014
  16. ↑ Victoria Advocate, "Bilski, Schubert advance to runoff in state House race," January 13, 2015
  17. ↑ 17.0 17.1 17.2 17.3 Texas Secretary of State, "Official election results," accessed February 25, 2015
  18. ↑ Houston Chronicle, "Perry sets Jan. 13 special election for Kolkhorst seat," December 22, 2014
  19. ↑ Texas Secretary of State, "Special Election Proclamation," accessed December 24, 2014
  20. ↑ Virginia State Board of Elections, "Official candidate list," accessed December 30, 2014
  21. ↑ 21.0 21.1 Washington Post, "Morrissey, in midst of six-month jail term, wins special election to Virginia House," January 13, 2015
  22. ↑ NBC Washington, "Va. Lawmaker Joseph D. Morrissey Resigning After Teen Sex Case," December 18, 2014
  23. ↑ Washington Post, "Jailed Del. Joseph Morrissey is sworn in as Virginia legislative session gets underway," January 14, 2015
  24. ↑ Virginia Department of Elections, "Official election results," accessed January 28, 2015
  25. ↑ Virginia State Board of Elections, "Special elections," accessed December 30, 2014
  26. ↑ patch.com, "Five Candidates Qualify for State House District 50 Special Election," November 21, 2014
  27. ↑ patch.com, "House District 50 Race Heads To Runoff," January 6, 2015
  28. ↑ 28.0 28.1 28.2 Georgia Secretary of State, "Official election results," accessed February 25, 2015
  29. ↑ Patch.com, "Lynne Riley Resigns From Georgia House, Will Serve As State Revenue Commissioner," November 7, 2014
  30. ↑ Peach Pundit, "Special Election Set for House District 50 (Lynn Riley’s Seat)," November 12, 2014
  31. ↑ 31.0 31.1 Georgia Secretary of State, "Official candidate list," accessed December 31, 2014
  32. ↑ 32.0 32.1 Athens Banner-Herald, "Election for District 120 set for Feb. 3 runoff," January 7, 2015
  33. ↑ Peach Pundit, "Representative Mickey Channell Retiring From Legislature," November 28, 2014
  34. ↑ timesunion.com, "Special election scheduled for Georgia House District 120," December 1, 2014
  35. ↑ Peach Pundit, "Representative Mickey Channell Retiring From Legislature," November 28, 2014
  36. ↑ timesunion.com, "Special election scheduled for Georgia House District 120," December 1, 2014
  37. ↑ Iowa Secretary of State, "Official candidate list," accessed December 31, 2014
  38. ↑ The Iowa Republican, "Kooiker Wins HD4 Special Election," January 7, 2015
  39. ↑ Iowa Secretary of State, "Official election results," accessed January 28, 2015
  40. ↑ The Des Moines Register, "Special election set for northwest Iowa House seat," December 4, 2014
  41. ↑ Iowa Secretary of State, "State Representative District 4 - 1/6/2015 Special Election," accessed December 5, 2014
  42. ↑ Texas Secretary of State, "Official candidate list," accessed December 25, 2014
  43. ↑ 43.0 43.1 43.2 Texas Tribune, "Three Elections, No Winners Yet," January 6, 2015
  44. ↑ 44.0 44.1 44.2 44.3 44.4 44.5 Houston Chronicle, "Perry sets 3 special elections for Jan. 6," December 15, 2014
  45. ↑ Texas Secretary of State, "Official candidate list," accessed December 25, 2014
  46. ↑ Texas Secretary of State, "Official candidate list," accessed December 25, 2014
  47. ↑ Virginia State Board of Elections, "Official candidate list," accessed November 21, 2014
  48. ↑ 48.0 48.1 WTVR, "Murphy, Preston win special elections in 34th, 63rd House of Delegates districts," January 6, 2015
  49. ↑ Virginia Department of Elections, "Official election results," accessed January 28, 2015
  50. ↑ 50.0 50.1 Washington Post, "Democrat and two Republicans lining up to replace Comstock in Va. House of Delegates," November 11, 2014
  51. ↑ Virginia State Board of Elections, "Official candidate list," accessed December 8, 2014
  52. ↑ Virginia Department of Elections, "Official election results," accessed January 28, 2015
  53. ↑ Richmond Times-Dispatch, "Special election to fill Dance's House seat set for Jan. 6," November 24, 2014
  54. ↑ Virginia Department of Elections, "2015 Special Elections," accessed November 25, 2014
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