State Legislative Tracker: Minnesota legislators raise issues over online voting registration

October 28, 2013

Edited by Joel Williams
This week’s tracker includes a look at the controversy over online voting registration in Minnesota.

Weekly highlight

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

• Colorado: Nearly 19,000 valid signatures are needed by December 3 to force a recall vote on Democratic Senator Evie Hudak. Hudak is under scrutiny again after voting in favor of stricter gun control legislation. Another group organized a recall against Hudak earlier in the year, after her questioning of a rape victim during a debate drew national attention. Although the initial efforts to recall Hudak failed, the successful recalls of John Morse and Angela Giron last month encouraged Hudak's critics to try again. Morse and Giron were replaced "by gun-rights Republicans," resulting in the Democratic majority being reduced to one seat. A leader of the efforts to recall Hudak, Mike McAlpine, stated that she "has infringed upon our constitutional right to keep and bear arms." Hudak is considered especially vulnerable to a recall because of her close win in the 2012 election, in which she defeated her opponents by less than 600 votes in a three-way race. If the valid signatures are collected, Democratic strategists plan to lobby Hudak to resign so that the Democratic single-seat majority would not be lost. Hudak, however, has revealed that she has "no intentions" of resigning. Hudak claims that she does her best to represent the diverse views of her district saying, "I voted the way I believe my constituents wanted."

• Minnesota: Minnesota began offering online voting registration last month, but state legislators have taken issue with its implementation. Secretary of State Mark Ritchie (DFL) argues that his office had the legal authority to implement the system, but a number of Republicans, as well as some Democrats, believe their authority was sidestepped. Last Thursday, Ritchie met with Senate Minority Leader David Hann, Sen. Scott Newman and Rep. Tim Sanders, all Republicans, to discuss his legal rationale, but said that he did not plan on "[taking] this service away from citizens." Ritchie's office refused to release a legal analysis that the Secretary cited in his arguments for acting on his own, but he said that the authority comes from a 2000 law equating electronic signatures with markings on paper. The same week, Gov. Mark Dayton said that such a system "should get legislative support." Democratic Rep. Steve Simon and Senate Deputy Majority Leader Katie Sieben say that they will introduce a bill clearing the system in next year's session. While Republicans have not said they will challenge the system in court, the conservative activist group Minnesota Majority began fundraising for a potential lawsuit. Earlier this month, House Minority Leader Kurt Daudt (R) said that the implementation was "at best unclear and at worst [Ritchie] doesn’t have the authority." Sanders voiced concerns over the system's security, citing recent data breaches of state data including that of the Minnesota health exchange, MNsure. Hann said that even though the legislature passed a number of changes to election law in bipartisan fashion in 2013, Ritchie did not refer to online registration during the legislative session. Legislative auditor Jim Nobles vowed to review the system. Nobles and Daudt argue that even if Ritchie had the legal authority, it would be more beneficial to receive legislative approval. Minnesota, which has a Democratic state government trifecta, is the 15th state to allow online voting registration.

• Ohio: Governor John Kasich (R) has circumvented the Ohio General Assembly to expand Medicaid coverage under President Obama's Affordable Care Act. After months of debate between the governor and the legislature on accepting $2.5 billion in federal funding to expand Medicaid, Kasich turned to the State Controlling Board to approve his expansion plan. Kasich opposes the Affordable Care Act, but wants the federal funding for Medicaid. The board voted 5 to 2 to expand Medicaid coverage, which will provide coverage for 275,000 Ohioans who have not been eligible previously under the program. Ohio has become the 25th state to expand Medicaid, with other states such as Virginia, Pennsylvania and New Hampshire still debating the issue. Republican majorities in both the senate and house opposed Medicaid expansion because they were worried that Ohio taxpayers would have to pay most of its costs. Six Ohio Republican lawmakers have filed a lawsuit to stop Kasich's Medicaid expansion on the grounds that it did not have legislative approval. The court filing stated that, "The Ohio Controlling Board's expansion of Medicaid violates the clear limits on its own authority, and accordingly, also violates the clear limits of the Ohio Constitution." Republicans hope that the high court will declare the board's decision as void and halt the state's expansion of Medicaid.

• Pennsylvania: The lawyer of Democratic Senator LeAnna Washington has confirmed that investigators with the state Attorney General’s Office were called in on Oct. 18 to search the 60-year-old’s legislative offices. According to reports, agents obtained search warrants to retrieve electronic and paper files documenting the District 4 senator’s fundraising and campaign activity. Two former high-level employees of Washington’s have also been questioned, specifically about an annual fundraiser that coincides with Washington’s birthday. According to Washington’s lawyer, the investigation is believed to be linked to a “disgruntled former employee” fired earlier in the year. “Sen. Washington will cooperate and will continue to work hard for her constituents and mentor her staff, as she has done for the past 20 years,” said Washington’s Philadelphia-based attorney, Henry E. Hockeimer. The Attorney General’s Office has yet to confirm or deny the investigation.

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 three 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 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

Special sessions

Snapshot of State Legislatures
There are 7,387 Total State Legislators
Total Democratic state legislators	3,440 (46.6%)
Total Republican state legislators	3,815 (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	56
Total Special Sessions	21

Hawaii

Hawaii's legislature will convene this week to discuss Senate Bill 1. SB1 would recognize same-sex marriages within the state and extend to same-sex couples the same rights, benefits, protections, and responsibilities of marriage that opposite-sex couples receive. If it passes, the bill would be effective November 18, 2013.

In recess

As of today, October 28, there are 5 state legislatures currently in recess:

• Illinois: Recess until November 5.
• Wisconsin: Recess until November 5.
• New Jersey: Recess until November 7.
• Pennsylvania: Recess until November 12.
• New York: Recess until November 18.

Redistricting

State news

Redistricting Facts
Maps submitted for vote: 140 out of 142 (98.6%)**	No votes on initial maps in the following: MT (2)
States that have completed Congressional Maps	42/43 (Maps ordered redrawn: TX)
States that have completed State Legislative Maps	46/50 (Maps unfinished: ME, MT; Maps ordered redrawn: AK, TX)
**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 and Montana are not required to have their maps completed until 2014. Alaska and Texas, however, saw their maps rejected for legal reasons and will have to take up the drawing of maps once again.

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.

Special Elections

See also: State legislative special elections, 2013

There is one special election scheduled for this week in South Carolina.

☐South Carolina House of Representatives District 93

Rep. Harry Ott, Jr. (D) resigned on July 20, 2013 to work as the state director for the Farm Service Agency in the federal government. A special election has been called for October 29. The filing period for candidates ran from July 12 to July 26.

October 29 Special election candidates:

Russell L. Ott

Charles H. Stoudemire Jr.

Recent election results

October 22, 2013

☑Iowa House of Representatives District 33
Rep. Kevin McCarthy (D) resigned on August 15, 2013, to work in the Iowa Attorney General's office. A special election has been called for October 22. The filing period ends on September 27.

October 22 Special election candidates:

Brian Meyer

Michael Young

☐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.

October 22 Democratic Primary:

• Elizabeth Coppola a

October 22 GOP Primary:

• Jason Red Arnold
• Larry Gamble
• Ken Gehl
• Chris Kujawa
• Jessie Rodriguez a

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.

October 22 Democratic Primary:

• Kenneth A. Slezak a

October 22 GOP Primary:

• Tommy Dahlen
• Alanna Feddick
• Bob Kulp a
• Scott Kenneth Noble

Third-party candidates:

Tim Swiggum (Putting People Ahead of Politics)

November 19 Special election candidates:

Kenneth A. Slezak

Bob Kulp

Tim Swiggum (Putting People Ahead of Politics)

Looking ahead

Upcoming special elections include:

• November 5: Fifteen special elections in various states. List available here.
• November 16: Louisiana House of Representatives District 87
• November 19: California State Assembly District 45 (Runoff)
• November 19: Iowa State Senate District 13
• November 19: Wisconsin State Assembly District 21
• November 19: Wisconsin State Assembly District 69
• November 21: Tennessee House of Representatives District 91
• December 3: Alabama House of Representatives District 74
• December 3: California State Assembly District 54

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