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State Legislative Tracker: Missouri makes another attempt at nullification
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January 27, 2014
Edited by Joel Williams
This week’s tracker includes a look at one state's attempt to nullify federal gun laws.
Weekly highlight
Last week, two states began their legislative sessions. Here is a brief look at issues making headlines across the country:
- Alabama: As a national movement to amend the United States Constitution gains traction with conservative legislators, Alabama Republican Sens. Arthur Orr and Trip Pittman are pushing for new guidelines for Alabama to participate in a state-led constitutional convention, should one occur. Two bills introduced by Orr and Pittman passed out of the Alabama State Senate Constitution, Campaign Finance, Ethics and Elections Committee by a 5-0 vote this week. The bills, which are now headed back to the Senate, place parameters on how the Alabama State Legislature would select delegates if such a convention were to occur. According to media sources, both Orr and Pittman attended a meeting in December 2013, known as the Mt. Vernon Assembly, where lawmakers from 32 states discussed options to initiate a constitutional convention as a means to pass amendments that have stalled out in Congress. Under Article V of the U.S. Constitution, a constitutional convention could be called at the request of two-thirds of state legislatures, or 34 states. Any proposed amendments coming out of the convention would have to be ratified by three-fourths of state legislatures, or 38 states. So far 20 states — including Alabama — have voted to support a constitutional convention. In a recent interview, Orr stated, “Given the dire outlook, many are realizing that a state-led amendment convention is our best hope for a positive change of direction. If nothing else, this movement of states is a sharp reminder to Congress that we mean business.” Although conservative legislators may be jumping on board with the movement, Democrats are not as enthused. State House Minority Leader Craig Ford has called the movement a campaign stunt designed to appeal to tea party voters in the 2014 elections.[1][2][3][4]
- Indiana: Two weeks ago, the Tracker reported on a proposed constitutional amendment affirming a pre-existing ban on same-sex marriage in Indiana, as well as a companion bill intended to clarify the amendment's controversial 'second sentence,' which opponents argue limits employer benefits on same-sex couples by also banning a like status to marriage. Since then, it stalled in the Judiciary Committee, found new life following reassignment to the Elections and Apportionment Committee by House Speaker Brian Bosma (R), and is now expected to reach the House floor this week. Following over four hours of impassioned testimony from both sides of the issue, the committee voted 9-3 Wednesday night to set the amendment for a full vote. On Thursday, Rep. Matt Pierce (D), protesting Bosma's move to reassign the bill, urged the House to reject the Election Committee's report stating that the amendment had passed, warning that his colleagues would "set precedent... of handing out mulligans." The House instead approved the report 67-30. Should the amendment pass the House by February 3, it must then go through the Senate before being placed on the November ballot. However, the House could vote to amend the amendment's second sentence, thereby avoiding potential legal issues surrounding the companion bill, but also likely resetting the process for placing a constitutional amendment on the ballot by passage of two General Assemblies. If supporters are forced to start over, voters would not see the amendment until at least 2016, a year in which Gov. Mike Pence (R), a stanch proponent of the ban, is up for re-election.[5][6][7][8][9]
- Missouri: Missouri's Second Amendment Preservation Act seeks to further protect citizens' Second Amendment rights. Part of this previously-failed bill is intended to protect the state's citizens from federal law that would require more gun control than the state requires. The General Laws Committee began a two-part hearing on January 21 to void some federal gun laws, although courts have ruled that state laws cannot nullify federal laws. Under the measure, agents enforcing federal laws that conflict with state laws could result in a year in jail, up to a $1,000 fine, and other civil penalties. Along with the nullification of federal laws, the bill would regulate health care personnel documenting a patient's gun ownership. Senator Rob Schaaf (R), the Senate's only licensed physician, said, "No matter what it is, I should be able to document it," in response to the proposed limitations and regulations. The Missouri Academy of Family Physicians and the Missouri Association of Osteopathic Physicians were also concerned that "the legislation could lead physicians to unknowingly break state law when talking with patients." The sponsor of the bill said that he was open to changing the bill to accommodate for physicians' concerns, but wishes to protect a patient's privacy in regards to gun ownership. The bill would also allow for some authorized school personnel to be permitted to carry concealed weapons in buildings, and holders of concealed gun permits would be able to carry firearms openly. There will be another hearing on this bill the week of January 26.[10][11][12]
- South Carolina: Last week, the South Carolina State Legislature passed Senate Bill 308, which allows concealed weapon permit holders to carry guns in restaurants and bars, as long as the permit holder is not consuming alcohol and there is no sign posted prohibiting it. Anyone that is caught violating the bill's rules will have their concealed weapons permit revoked for five years, plus face up to two years in prison and a $2,000 fine. Senate Bill 308 passed in the house by a vote of 90 to 18, and in the senate by vote of 34 to 3. Rep. Michael Pitts (R) said that the bill "allows law-abiding gun owners to defend themselves and their family while eating dinner, in case a criminal comes in and starts shooting." Opponents to the legislation worry about the trouble that may occur by mixing alcohol and guns. According to the South Carolina Law Enforcement Division (SLED), as of January 17, 2014, there are 229,310 active concealed weapons permits in South Carolina. The bill will now be sent to Gov. Nikki Haley's (R) desk where she is expected to sign the legislation. Haley has previously stated that she would support any gun bill that did not restrict rights.[13][14][15][16]
Sessions
Regular sessions
- See also: Dates of 2014 state legislative sessions
- Click here to see a chart of each state's 2014 session information.
Currently 35 out of 50 state legislatures are meeting in regular session. One state, Wisconsin, is meeting in special session.
The following states have convened their 2014 regular session:[17]
- January 6: California
- January 6: Idaho
- January 7: Indiana
- January 7: Kentucky
- January 7: Mississippi
- January 7: Ohio
- January 7: Pennsylvania
- January 7: Rhode Island
- January 7: Vermont
- January 8: Colorado
- January 8: Nebraska
- January 8: Maine
- January 8: Maryland
- January 8: Michigan
- January 8: Missouri
- January 8: New Hampshire
- January 8: New York
- January 8: West Virginia
- January 8: Virginia
- January 13: Georgia
- January 13: Iowa
- January 13: Washington
- January 13: Arizona
- January 13: Alabama
- January 14: Wisconsin
- January 14: New Jersey
- January 14: Delaware
- January 14: South Carolina
- January 14: South Dakota
- January 14: Tennessee
- January 14: Massachusetts
- January 15: Hawaii
- January 21: Alaska
- January 21: New Mexico
- January 27: Utah
Special sessions
Snapshot of State Legislatures | |
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There are 7,387 Total State Legislators | |
Total Democratic state legislators | 3,226 (Expression error: Unexpected < operator.%) |
Total Republican state legislators | 4,099 (Expression error: Unexpected < operator.%) |
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 |
2014 Session Information | |
Total Special Elections | 8 |
Total Special Sessions | 1 |
Wisconsin
Gov. Scott Walker (R) called the legislature into special session on January 22. Walker asked the legislature to find a way to fund $500 million worth of property and income tax cuts.[18]
In recess
As of today, January 27, there are no state legislatures currently in recess.[19]
2014 Legislative Elections
- See also: State legislative elections, 2014
A total of 87 of the 99 chambers will hold state legislative elections on November 4, 2014.
The 87 chambers with elections in 2014 are in 46 states. They are:
- Alabama (Senate and House)
- Alaska (Senate and House)
- Arizona (Senate and House)
- Arkansas (Senate and House)
- California (Senate and Assembly)
- Colorado (Senate and House)
- Connecticut (Senate and House)
- Delaware (Senate and House)
- Florida (Senate and House)
- Georgia (Senate and House)
- Hawaii (Senate and House)
- Idaho (Senate and House)
- Illinois (Senate and House)
- Indiana (Senate and House)
- Iowa (Senate and House)
- Kansas (House Only)
- Kentucky (Senate and House)
- Maine (Senate and House)
- Maryland (Senate and House)
- Massachusetts (Senate and House)
- Michigan (Senate and House)
- Minnesota (House Only)
- Missouri (Senate and House)
- Montana (Senate and House)
- Nebraska (Unicameral Legislature)
- Nevada (Senate and Assembly)
- New Hampshire (Senate and House)
- New Mexico (House Only)
- New York (Senate and Assembly)
- North Carolina (Senate and House)
- North Dakota (Senate and House)
- Ohio (Senate and House)
- Oklahoma (Senate and House)
- Oregon (Senate and House)
- Pennsylvania (Senate and House)
- Rhode Island (Senate and House)
- South Carolina (House Only)
- South Dakota (Senate and House)
- Tennessee (Senate and House)
- Texas (Senate and House)
- Utah (Senate and House)
- Vermont (Senate and House)
- Washington (Senate and House)
- West Virginia (Senate and House)
- Wisconsin (Senate and Assembly)
- Wyoming (Senate and House)
The Kansas, Minnesota, New Mexico and South Carolina senates also typically hold elections in odd years. However, senators are elected to 4-year terms in those states and those will not be up for election again until 2015.
1090 of the country's 1,972 state senate seats are up for re-election in November 2014, and 4,958 of the country's 5,415 state house seats are up for re-election. Altogether, 6,048 of the country's 7,387 state legislative seats are up for re-election on November 4, 2014.
Primary Information
The state legislative filing deadlines and primary dates are as follows:
Note: Ballot access is a complicated issue. The dates in the table below are primarily for candidates filing for access to the primary. For more detailed information about each state's qualification requirements -- including all relevant ballot access dates for the primary and general election -- click to our detailed pages in the state column.
2014 State Legislative Primary Information |
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State | Filing Deadline | Primary Date | Days from Deadline to Primary |
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Alabama | ![]() |
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116 |
Alaska | ![]() |
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78 |
Arizona | ![]() |
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90 |
Arkansas | ![]() |
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78 |
California | ![]() |
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88 |
Colorado | ![]() |
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85 |
Connecticut | ![]() |
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90 |
Delaware | ![]() |
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63 |
Florida | ![]() |
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67 |
Georgia | ![]() |
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74 |
Hawaii | ![]() |
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67 |
Idaho | ![]() |
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78 |
Illinois | ![]() |
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106 |
Indiana | ![]() |
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88 |
Iowa | ![]() |
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81 |
Kansas | ![]() |
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65 |
Kentucky | ![]() |
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112 |
Maine | ![]() |
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85 |
Maryland | ![]() |
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119 |
Massachusetts | ![]() |
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98 |
Michigan | ![]() |
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105 |
Minnesota | ![]() |
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70 |
Missouri | ![]() |
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133 |
Montana | ![]() |
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85 |
Nebraska | ![]() |
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85 |
Nevada | ![]() |
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88 |
New Hampshire | ![]() |
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88 |
New Mexico | ![]() |
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119 |
New York | ![]() |
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61 |
North Carolina | ![]() |
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67 |
North Dakota | ![]() |
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64 |
Ohio | ![]() |
![]() |
90 |
Oklahoma | ![]() |
![]() |
74 |
Oregon | ![]() |
![]() |
70 |
Pennsylvania | ![]() |
![]() |
70 |
Rhode Island | ![]() |
![]() |
76 |
South Carolina | ![]() |
![]() |
72 |
South Dakota | ![]() |
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70 |
Tennessee | ![]() |
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126 |
Texas | ![]() |
![]() |
85 |
Utah | ![]() |
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96 |
Vermont | ![]() |
![]() |
75 |
Washington | ![]() |
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80 |
West Virginia | ![]() |
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108 |
Wisconsin | ![]() |
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71 |
Wyoming | ![]() |
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81 |
Special Elections
There are four special elections scheduled this week: two in Alabama, one in Pennsylvania and one in Texas.
Alabama House of Representatives District 31
Mike Holmes, Jimmy Collier, Michael Griggs and Frank Bertarelli faced off in the Republican primary.[39][40] As no candidate received more than fifty percent of the vote, the top-two vote-getters - Holmes and Collier - met in the Republican primary runoff on February 4, which Holmes won.[41][42]
The seat was vacant following Barry Mask's (R) appointment as the new chief executive officer of the Alabama Association of Realtors.[43]
A special election for the position of Alabama House of Representatives District 31 was initially called for January 28, with a primary on December 3, 2013. Because no Democratic candidate filed to run, the Republican primary runoff became the special election. Candidates from both major parties had until October 10, 2013, to file certified nomination papers with the Secretary of State.[43] Due to inclement weather, the election was pushed back a week to February 4.[44]
Candidate | Vote % | Votes |
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56.7% | 2,028 |
Jimmy Collier | 43.3% | 1,550 |
Total Votes | 3,578 |
Alabama House of Representatives District 104
Margie Wilcox (R) defeated Stephen P. Carr, II (D) in the special election, which took place on February 4.[45] Carr was unopposed in the Democratic primary. Susan Hightower, Margie Wilcox, Ralph Carmichael, Nathan Davis and Charlie Plyler faced off in the Republican primary. As no candidate received more than fifty percent of the vote, the top-two vote-getters - Wilcox and Hightower - met in the Republican primary runoff on December 3, 2013, which Wilcox won.[46][47]
The seat was vacant following Jim Barton's (R) resignation on August 7, 2013, to work for the Kinney Capitol Group.[48]
A special election for the position of Alabama House of Representatives District 104 was initially called for December 3, 2013, with a primary on October 15, 2013.[48] Because a runoff on December 3, 2013, was needed, the special election was scheduled to take place on January 28, 2014, instead. Due to inclement weather, the election was pushed back a week to February 4.[49]
Party | Candidate | Vote % | Votes | |
---|---|---|---|---|
Republican | ![]() |
90.5% | 2,932 | |
Democratic | Stephen P. Carr, II | 9.5% | 307 | |
Total Votes | 3,239 |
January 28 Special election candidates:
Pennsylvania House of Representatives District 78
Jesse Topper (R) defeated Barbara L. Barron (D) in the special election, which took place on January 28, 2014.[39][50][51]
The seat was vacant following Dick Hess's (R) death on September 6, 2013.
A special election for the position of Pennsylvania House of Representatives District 78 was called for January 28. Candidates were nominated by their party rather than chosen through a primary. The nominating deadline for parties was December 9, 2013.[52]
Party | Candidate | Vote % | Votes | |
---|---|---|---|---|
Republican | ![]() |
83.3% | 4,629 | |
Democratic | Barbara L. Barron | 16.7% | 925 | |
Total Votes | 5,554 |
- January 28 Special election candidates:
Barbara L. Barron
Jesse Topper
Texas House of Representatives District 50
Celia Israel (D) and Mike VanDeWalle (R) advanced past Rico Reyes (D) and Jade Chang Sheppard (D) in the special election.[39][53] Israel defeated VanDeWalle in the runoff election.[54][55]
The seat was vacant following Mark Strama's (D) resignation to lead Google's fiber optics operation in Austin, Texas.[56]
A special election for the position of Texas House of Representatives District 50 was called for November 5, 2013, with a runoff if necessary on January 28, 2014. The filing deadline for candidates wishing to run in this election was September 4, 2013.[56]
Party | Candidate | Vote % | Votes | |
---|---|---|---|---|
Democratic | ![]() |
59.6% | 6,275 | |
Republican | Mike VanDeWalle | 40.4% | 4,245 | |
Total Votes | 10,520 |
- January 28, 2014, Runoff candidates:
Celia Israel
Mike VanDeWalle
Recent election results
January 21, 2014
☑ Virginia State Senate District 33
Jennifer Wexton (D) defeated John Whitbeck (R) and Joe T. May (I) in the special election, which took place on January 21.[39][57][58]
The seat was vacant following Mark Herring's (D) election as Attorney General of Virginia.
A special election for the position of Virginia State Senate District 33 was called for January 21. The filing deadline for candidates wishing to run in this election was December 26, 2013.[59]
- January 21, 2014 Special election:
Jennifer Wexton
John Whitbeck
Joe T. May
☐ Rhode Island House of Representatives District 49
Michael Morin defeated Douglas Brown and Mark Chenot in the January 21 Democratic primary. Morin defeated write-in candidates in the special election, which took place on February 25.[39][60][61][62]
The seat was vacant following Lisa Baldelli-Hunt's (D) election as Mayor of Woonsocket.[63]
A special election for the position of Rhode Island House of Representatives District 49 was called for February 25, with a primary on January 21. The filing deadline for candidates wishing to run in this election was December 13, 2013.[64]
Candidate | Vote % | Votes |
---|---|---|
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52.1% | 373 |
Douglas Brown | 46.6% | 334 |
Mark Chenot | 1.3% | 9 |
Total Votes | 716 |
January 21 Democratic primary candidates:
- Douglas Brown
- Mark Chenot
- Michael Morin
- Note: Stuart Gitlow appeared on the official candidate list but did not appear on the primary ballot.
Looking ahead
Upcoming special elections include:
- February 4: Georgia House of Representatives District 2 (Runoff)
- February 4: Georgia House of Representatives District 22 (Runoff)
- February 25: Connecticut State Senate District 10
- February 25: Rhode Island House of Representatives District 49
- March 18: Pennsylvania State Senate District 28
See also
- State legislative elections, 2014
- 2014 state legislative calendar
- Signature requirements and deadlines for 2014 state government elections
- State legislative special elections, 2014
- State legislative recalls
Footnotes
- ↑ ‘’’Al.com,’’’ “You say you’ll change the Constitution? State GOP leaders want to show you how,” January 21, 2014
- ↑ ‘’’The Anniston Star,’’’ “U.S. constitutional convention bills advance in Ala. Senate,” January 23, 2014
- ↑ ‘’’wsfa.com,’’’ “2 AL state senators push for Constitutional amendment on fed. balanced budget,” January 21, 2014
- ↑ ‘’’cbslocal.com,’’’ “20 states vote to support constitutional convention for passing federal balanced budget amendment,” January 21, 2014
- ↑ Indianapolis Monthly, "Gay-Marriage Ban Moves to Indiana House Floor," January 23, 2014. Accessed January 23, 2014
- ↑ Indianapolis Star, "Gov. Mike Pence fires up supporters of same-sex marriage ban," January 23, 2014. Accessed January 23, 2014
- ↑ Associated Press, "'Second sentence' becomes focus in marriage fight," January 23, 2014. Accessed January 23, 2014
- ↑ The Times of Northwest Indiana, "Bosma defends actions advancing marriage amendment," January 23, 2013. Accessed January 23, 2013
- ↑ Indianapolis Star, "Gov. Mike Pence fires up supporters of same-sex marriage ban," January 23, 2014. Accessed January 23, 2014
- ↑ KSMU, "Missouri Legislative Session 2014 Preview," January 6, 2014
- ↑ KSDK, "Missouri Senate panel considering gun law nullification," January 21, 2014
- ↑ Fox News, "Missouri lawmakers weigh bill that seeks to nullify federal gun laws," January 22, 2014
- ↑ www.trtribune.com/, "Legislative Report with Rep. Burns: Gov. reorganization, restaurant carry," accessed January 23, 2014 (dead link)
- ↑ www.wsav.com/, "Bill passes allowing guns in South Carolina bars," accessed January 23, 2014
- ↑ www.thestate.com/, "Bill to allow guns in SC bars, restaurants headed for Gov. Haley’s desk," accessed January 23, 2014
- ↑ www.myrtlebeachonline.com/, "SC Legislature approves guns in restaurants bill," accessed January 23, 2014
- ↑ Stateside Associates, " Session Calendar 2014," accessed January 27, 2014
- ↑ Wisconsin Governor's Office, "Governor Scott Walker Calls Special Session, Calls on Legislators to Pass the Blueprint for Prosperity," January 23, 2014
- ↑ StateNet, " Daily Session Summary," accessed January 27, 2014
- ↑ Alaska Statutes, "Section 15.25, Nomination of Candidates," accessed October 31, 2013
- ↑ Secretary of State Website, "2014 Election Important Dates," accessed November 4, 2013
- ↑ Running for Public Office, "A 'Plain English' Handbook for Candidates," 2012 Edition, accessed October 21, 2013 (dead link)
- ↑ Arkansas Code of 1987, "Title 7, Elections," accessed October 30, 2013
- ↑ Summary of Qualifications and Requirements for the Office of State Senator, Member of the Assembly, "June 3, 2014, Primary Election," accessed October 21, 2013
- ↑ California Elections Code, "Section 8100-8107," accessed October 28, 2013
- ↑ California Secretary of State Website, "Key Dates and Deadlines," accessed October 21, 2013
- ↑ Colorado Secretary of State Website, "Major Political Parties FAQs," accessed October 31, 2013
- ↑ Colorado Revised Statutes, "Title 1, Elections," accessed October 31, 2013
- ↑ Connecticut Secretary of State Website, "Frequently Asked Questions, Nominating Papers," accessed October 31, 2013
- ↑ Florida Department of State Division of Elections, "2013-2014 Dates to Remember," accessed November 6, 2013
- ↑ 2013 Florida Statutes, "Section 99.061," accessed December 2, 2014
- ↑ Hawaii State Legislature, "HRS §12-6 Nomination papers: time for filing; fees", accessed May 22, 2013
- ↑ 2014 Kentucky Election Calendar, accessed November 12, 2013
- ↑ Kentucky State Board of Elections "Candidate Qualifications and Filing Fees" accessed November 26, 2011
- ↑ Maine Secretary of State "State of Maine 2014 Candidate's Guide to Ballot Access," accessed February 11, 2014
- ↑ The State Board of Elections, "Candidacy," accessed November 5, 2013
- ↑ 2014 Massachusetts State Primary and State Election Schedule, accessed December 2, 2013
- ↑ Official Election Calendar for the State of Nebraska, accessed November 18, 2014
- ↑ 39.0 39.1 39.2 39.3 39.4 seattlepi.com, "4 running as Republicans for Alabama House seat," October 11, 2013 Cite error: Invalid
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tag; name "list" defined multiple times with different content - ↑ al.com, "Mike Holmes, Jimmy Collier qualify for Republican runoff in Alabama House District 31," December 3, 2013
- ↑ al.com, "Mike Holmes defeats Jimmy Collier in special election in Alabama House District 31," February 4, 2014
- ↑ Official special election results submitted to Ballotpedia by Brandon Walters from the Alabama Secretary of State's Office on May 7, 2014
- ↑ 43.0 43.1 therepublic.com, "Special election timeline announced for vacant Ala. House District 31 seat," October 1, 2013
- ↑ al.com, "Citing inclement weather forecast, governor delays special election set for Mobile House seat," January 27, 2014
- ↑ Official special election results submitted to Ballotpedia by Brandon Walters from the Alabama Secretary of State's Office on May 7, 2014
- ↑ al.com, "Hightower, Wilcox to face off in GOP primary for state House seat (updated, photos)," October 15, 2013
- ↑ therepublic.com, "Wilcox defeats Hightower in Alabama House District 104 runoff," December 3, 2013
- ↑ 48.0 48.1 timesdaily.com, " Special elections set for Ala. House districts," August 8, 2013 (dead link)
- ↑ al.com, "Citing inclement weather forecast, governor delays special election set for Mobile House seat," January 27, 2014
- ↑ Altoona Mirror, "Topper wins 78th District state House seat," January 29, 2014
- ↑ Pennsylvania Secretary of State, "Official special election results," accessed August 29, 2014
- ↑ www.politicspa.com, "Speaker Sets Jan 28 Date for Hess Seat Special," May 7, 2014
- ↑ Texas Secretary of State, "Special Election State Representative District 50," accessed December 29, 2022
- ↑ Texas Tribune, "Israel Defeats VanDeWalle in HD-50 Runoff," January 28, 2014
- ↑ Texas Secretary of State, "Official special election results," accessed February 21, 2014
- ↑ 56.0 56.1 texastribune.org, "Special Election to Replace Strama Set for Nov. 5," July 11, 2013
- ↑ Washington Post, "Democrats win state Senate seat in Northern Virginia — and perhaps control of the chamber," January 21, 2014
- ↑ Virginia Secretary of State, "Official special election results," accessed January 30, 2014
- ↑ nbc29.com, "VA Senate Special Election Set Jan. 21," December 20, 2013
- ↑ Providence Journal, "Morin defeats 2 primary challengers to gain hold on Woonsocket House seat," January 21, 2014
- ↑ ctpost.com, "Morin wins Woonsocket election for RI House seat," February 26, 2014(Archived)
- ↑ Rhode Island Secretary of State, "Official Primary election results," accessed March 26, 2014
- ↑ ripr.org, "Baldelli-Hunt To Be Inaugurated As New Mayor Of Woonsocket," December 3, 2013
- ↑ turnto10.com, "State sets special election for Woonsocket House seat," December 4, 2013