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State Legislative Tracker: Missouri senator speaks out about Ferguson controversy

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August 18, 2014

Edited by Joel Williams
This week’s tracker includes a look at a state senator's reaction to the events in Ferguson, Missouri.

Weekly highlight

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

  • Missouri: With tensions remaining high in the St. Louis suburb of Ferguson following the shooting death of Michael Brown, an unarmed black teenager, by police earlier this month, its state senator took to the streets to challenge not only the police response but also that of Gov. Jay Nixon (D). Maria Chappelle-Nadal, a second-term Democratic senator from University City, six miles south of the Ferguson, joined protests in Ferguson last Monday, and has regularly tweeted about the events. The senator reported that she was one of a group of 150 to be teargassed by police. At a press conference last Wednesday, Chappelle-Nadal asked police chief Thomas Jackson if she would be gassed again, to which he replied, "I hope not."[1] She also used Twitter to criticize Nixon, at one point calling for his resignation.[2] In a video posted to Vine by St. Louis alderman Antonio French, Chappelle-Nadal can be seen holding a sign showing Nixon's face, chanting, "This is your governor that could care less about the black community!"[3] Last Thursday, she escalated her criticism of Nixon's absence from the area, twice replying to him with profanity. Following Nixon's announcement that the state highway patrol would be taking over from the Ferguson police, Chappelle-Nadal declared that the situation "is his Katrina!"[4][5] Nixon responded by calling for the officer who shot Brown to be identified "as expeditiously as possible."[6] Last Wednesday, Chappelle-Nadal had harsh words for the highway patrol's prior involvement in Ferguson, saying, "I approve their budget, so you know that I'm p***ed off."[7]
  • New Jersey: On August 11, 2014, Gov. Chris Christie (R) signed two bills aimed at changing the state's bail system and one piece of legislation that helps criminals when applying for jobs. The two bills that Christie signed to overhaul the state's bail system are SCR128 and S946.[8] The constitutional amendment (SCR128) would allow judges to deny bail to defendants that they consider a flight risk, or defendants who they consider dangerous and could attempt to obstruct justice. The constitutional amendment will be on the ballot this November for voters.[9] The other bill (S946), would allow judges to evaluate the safety risk that a defendant poses to the public rather then what the individual is able to pay. If a judge determines that a defendant poses no safety risk, the defendant could be released without bail before trial.[9] The third bill (S2124), known as "The Opportunity to Compete Act" or "ban the box" legislation, restricts employers from asking about an applicant's criminal background until after they have interviewed for the job.[10] This is because many applications include a check box asking about the applicant's criminal record, which in many instances eliminates criminals from competing for jobs.[11] The bill bars companies from discriminating against anyone that has been convicted of a felony but was released from prison more than 10 prior, with an exception for serious crimes. Employers that are found in violation of the law can face fines from the state: $1,000 for the first violation, $5,000 for the second and $10,000 for the third and any subsequent violations.[11] Not many Republicans in the Assembly supported the legislation, but Christie said that the legislation "...is going to make a huge difference for those who have paid their debt to society, who want to start their lives over again, and are going to have an opportunity to be able to do just that in our state." SB946 and SB2124 will take effect on March 1, 2015.[12]
  • Wisconsin: Following the August 12 primaries, five legislative races are waiting for the official results that will be available August 27.[13] Two Senate districts and three Assembly districts could face recounts if the official results do not declare a clear winner.[14] In Senate District 15, unofficial results placed Janis Ringhand in a 274 vote lead over Austin Scieszinski in the Democratic primary. Democratic incumbent Tim Cullen is not running for re-election in this district. The Senate District 17 Democratic primary is a much closer race with Ernie Wittwer defeating Pat Bomhack by two votes. Three Republican primaries in the State Assembly are also too close to call. In Assembly District 20, Molly McGartland has a 34 vote lead over Mike Pierce, and a total of 46 votes placed Leon Hebert ahead of Herschel Brodkey in District 43. In District 87, an error in Rusk County resulted in Michael Bub losing his initial three vote lead and twenty misplaced votes later being awarded to James Edming, making Edming the unofficial winner of the primary.[13] Republican incumbent Mary Williams is not running for re-election in District 87. Pierce is considering a recount depending on what the official results report. Bub is "frustrated and will likely request a recount if the results stand after canvassers complete their official counts."[15] Recount laws in Wisconsin allow for recount petitions to be filed within three business days of the completion of the canvass. Petitioners are not required to pay a fee for a recount if the difference in votes between candidates is not more than 0.5 percent of the total votes. The current unofficial primary results can be found here. Official results will be available on the Government Accountability Board for the State of Wisconsin website.

Sessions

Regular sessions

Current sessions capture for the week of August 18, 2014
See also: Dates of 2014 state legislative sessions
Click here to see a chart of each state's 2014 session information.

Currently 4 out of 50 state legislatures are meeting in regular session. One state, Ohio, is in Skeleton Session. A Skeleton Session typically includes very short nonvoting sessions instead of regular sessions with a full chamber.[16] California is holding a special session concurrent with its regular session.

The following states have adjourned their 2014 regular session:[17]


Special sessions

California

The California State Legislature is meeting in a special session concurrent with its regular session to discuss a proposal by Gov. Jerry Brown (D) to change the state's rainy day fund. Brown's proposal would require the state to save some of the revenue from capital gains taxes. He hopes to have his proposal approved by the legislature and on the 2014 ballot. California's rainy day fund has existed since 2004 but has been empty for a majority of that time.[18]

In recess

As of today, August 18, there are five 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:

The Kansas, Minnesota, New Mexico and South Carolina senates also typically hold elections in even years. However, senators are elected to 4-year terms in those states and those will not be up for election again until 2016.

1,097 of the country's 1,972 state senate seats are up for re-election in November 2014, and 4,958 of the country's 5,411 state house seats are up for re-election. Altogether, 6,055 of the country's 7,383 state legislative seats are up for re-election on November 4, 2014.

Primary Information

See also: Signature requirements and deadlines for 2014 state legislative elections

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
State Filing Deadline Primary Date Days from Deadline to Primary
Alabama Red padlock.png 2/7/2014 Red padlock.png 6/3/2014 116
Alaska Red padlock.png 6/2/2014[20] Red padlock.png 8/19/2014 78
Arizona Red padlock.png 5/28/2014[21] Red padlock.png 8/26/2014 90
Arkansas Red padlock.png 3/3/2014[22][23] Red padlock.png 5/20/2014 78
California Red padlock.png 3/7/2014[24][25][26] Red padlock.png 6/3/2014 88
Colorado Red padlock.png 3/31/2014[27][28] Red padlock.png 6/24/2014 85
Connecticut Red padlock.png 6/10/2014[29] Red padlock.png 8/12/2014 90
Delaware Red padlock.png 7/8/2014 Red padlock.png 9/9/2014 63
Florida Red padlock.png 6/20/2014[30][31] Red padlock.png 8/26/2014 67
Georgia Red padlock.png 3/7/2014 Red padlock.png 5/20/2014 74
Hawaii Red padlock.png 6/3/2014[32] Red padlock.png 8/9/2014 67
Idaho Red padlock.png 3/14/2014 Red padlock.png 5/20/2014 78
Illinois Red padlock.png 12/2/2013 Red padlock.png 3/18/2014 106
Indiana Red padlock.png 2/7/2014 Red padlock.png 5/6/2014 88
Iowa Red padlock.png 3/14/2014 Red padlock.png 6/3/2014 81
Kansas Red padlock.png 6/2/2014 Red padlock.png 8/5/2014 65
Kentucky Red padlock.png 1/28/2014[33][34] Red padlock.png 5/20/2014 112
Maine Red padlock.png 3/17/2014[35] Red padlock.png 6/10/2014 85
Maryland Red padlock.png 2/25/2014[36] Red padlock.png 6/24/2014 119
Massachusetts Red padlock.png 6/3/2014[37] Red padlock.png 9/9/2014 98
Michigan Red padlock.png 4/22/2014 Red padlock.png 8/5/2014 105
Minnesota Red padlock.png 6/3/2014 Red padlock.png 8/12/2014 70
Missouri Red padlock.png 3/25/2014 Red padlock.png 8/5/2014 133
Montana Red padlock.png 3/10/2014 Red padlock.png 6/3/2014 85
Nebraska Red padlock.png 3/3/2014[38] Red padlock.png 5/13/2014 85
Nevada Red padlock.png 3/14/2014 Red padlock.png 6/10/2014 88
New Hampshire Red padlock.png 6/13/2014 Red padlock.png 9/9/2014 88
New Mexico Red padlock.png 2/4/2014 Red padlock.png 6/3/2014 119
New York Red padlock.png 7/10/2014 Red padlock.png 9/9/2014 61
North Carolina Red padlock.png 2/28/2014 Red padlock.png 5/6/2014 67
North Dakota Red padlock.png 4/7/2014 Red padlock.png 6/10/2014 64
Ohio Red padlock.png 2/5/2014 Red padlock.png 5/6/2014 90
Oklahoma Red padlock.png 4/11/2014 Red padlock.png 6/24/2014 74
Oregon Red padlock.png 3/11/2014 Red padlock.png 5/20/2014 70
Pennsylvania Red padlock.png 3/11/2014 Red padlock.png 5/20/2014 70
Rhode Island Red padlock.png 6/25/2014 Red padlock.png 9/9/2014 76
South Carolina Red padlock.png 3/30/2014 Red padlock.png 6/10/2014 72
South Dakota Red padlock.png 3/25/2014 Red padlock.png 6/3/2014 70
Tennessee Red padlock.png 4/3/2014 Red padlock.png 8/7/2014 126
Texas Red padlock.png 12/9/2013 Red padlock.png 3/4/2014 85
Utah Red padlock.png 3/20/2014 Red padlock.png 6/24/2014 96
Vermont Red padlock.png 6/12/2014 Red padlock.png 8/26/2014 75
Washington Red padlock.png 5/17/2014 Red padlock.png 8/5/2014 80
West Virginia Red padlock.png 1/25/2014 Red padlock.png 5/13/2014 108
Wisconsin Red padlock.png 6/2/2014 Red padlock.png 8/12/2014 71
Wyoming Red padlock.png 5/30/2014 Red padlock.png 8/19/2014 81


Special Elections

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See also: State legislative special elections, 2014

There are three special elections scheduled this week in Virginia.

Virginia State Senate District 38

See also: Virginia state legislative special elections, 2014

A. Benton Chafin (R) defeated Mike Hymes (D) and Rick A. Mullins (I) in the special election, which took place on August 19.[39][40]

This special election was particularly important because it determined which party controlled the chamber. The seat was vacant following Phillip Puckett's (D) resignation on June 9, 2014.[41]

A special election for the position of Virginia State Senate District 38 was called for August 19, 2014. The filing deadline for candidates wishing to run in this election was June 20. Candidates were chosen by the parties rather than through a primary.[42][43]

Virginia State Senate, District 38, Special Election, 2014
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngA. Benton Chafin 59.6% 17,496
     Democratic Mike Hymes 31.8% 9,354
     Independent Rick A. Mullins 8.6% 2,517
     N/A Write-in 0% 13
Total Votes 29,380
August 19 Special election candidates:
Democratic Party Mike Hymes
Republican Party A. Benton Chafin
Grey.png Rick A. Mullins

Virginia House of Delegates District 48

See also: Virginia state legislative special elections, 2014

R.C. Sullivan, Jr. (D) defeated David M. Foster (R) in the special election, which took place on August 19.[39][40]

The seat was vacant following Bob Brink's (D) resignation on June 30 to accept the position of Deputy Commissioner for Aging Services.[44]

A special election for the position of Virginia House of Delegates District 48 was called for August 19, 2014. The filing deadline for candidates wishing to run in this election was July 7.[45] Candidates were chosen by the parties rather than through a primary.

Virginia House of Delegates, District 48, Special Election, 2014
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngR.C. Sullivan, Jr. 62.2% 5,978
     Republican David M. Foster 37.7% 3,621
     N/A Write-in 0.1% 8
Total Votes 9,607
August 19 Special election candidates:
Democratic Party R.C. Sullivan, Jr.
Republican Party David M. Foster

Virginia House of Delegates District 90

See also: Virginia state legislative special elections, 2014

Joseph C. Lindsey (D) defeated Marcus A. Calabrese (R) in the special election, which took place on August 19.[39][40]

The seat was vacant following Algie Howell's (D) retirement on June 30.[46]

A special election for the position of Virginia House of Delegates District 90 was called for August 19, 2014. The filing deadline for candidates wishing to run in this election was July 7.[47] Candidates were chosen by the parties rather than through a primary.

Virginia House of Delegates, District 90, Special Election, 2014
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJoseph C. Lindsey 80.4% 1,736
     Republican Marcus A. Calabrese 19.3% 416
     N/A Write-in 0.3% 6
Total Votes 2,158
August 19 Special election candidates:
Democratic Party Joseph C. Lindsey
Republican Party Marcus A. Calabrese

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. The Huffington Post, "State Senator To Ferguson Police: 'Will I Get Tear-Gassed Again?'" August 13, 2014
  2. Twitter, post by @MariaChappelleN, August 13, 2014
  3. PoliticMo, "Missouri state senator among crowd of Ferguson protestors facing tear gas Monday night," August 11, 2014
  4. Talking Points Memo, "State Sen Tweets 'F--K You' At Missouri Gov Over Ferguson Response," August 14, 2014
  5. [ Associated Press, "Jay Nixon: Missouri Highway Patrol Will Take Over Supervision Of Security In Ferguson," August 14, 2014]
  6. The Guardian, "Missouri governor removes St Louis police from Ferguson protest duty," August 14, 2014
  7. KMOV, "Mo. Senator upset after tear gas thrown at her," August 13, 2014
  8. Wall Street Journal, "New Jersey's Chris Christie Seeks Bipartisan Victory on Bail in Special Session," July 29, 2014
  9. 9.0 9.1 NJ.com, "Christie calls N.J. Legislature into special session Thursday to act on bail reform," July 30, 2014
  10. National Law Review, "New Jersey Governor Christie Signs ‘Ban the Box’ Legislation," August 12, 2014
  11. 11.0 11.1 New Jersey Law Jounal, "Christie Signs Bill Aimed at Helping Ex-Cons Get Jobs," August 13, 2014
  12. Courier Post, "Gov. Christie signs bail overhaul legislation," August 11, 2014
  13. 13.0 13.1 TwinCities.com, "Democratic women win key primaries," August 14, 2014
  14. Prairie Badger, "How Susan Happ won the Democratic primary for Attorney General of Wisconsin," August 13, 2014
  15. Providence Journal, "News from around Wisconsin at 5:58 p.m. CDT," August 13, 2014
  16. Cleveland.com, "Ohio's 2014 legislative calendar will be crammed with election-year politicking and backroom pleading: Thomas Suddes," December 15, 2013
  17. Stateside Associates, " Session Calendar 2014," accessed August 18, 2014
  18. Los Angeles Times, "Jerry Brown calls legislative special session to debate reserve plan," April 16, 2014
  19. StateNet, " Daily Session Summary," accessed August 18, 2014
  20. Alaska Statutes, "Section 15.25, Nomination of Candidates," accessed October 31, 2013
  21. Secretary of State Website, "2014 Election Important Dates," accessed November 4, 2013
  22. Running for Public Office, "A 'Plain English' Handbook for Candidates," 2012 Edition, accessed October 21, 2013 (dead link)
  23. Arkansas Code of 1987, "Title 7, Elections," accessed October 30, 2013
  24. Summary of Qualifications and Requirements for the Office of State Senator, Member of the Assembly, "June 3, 2014, Primary Election," accessed October 21, 2013
  25. California Elections Code, "Section 8100-8107," accessed October 28, 2013
  26. California Secretary of State Website, "Key Dates and Deadlines," accessed October 21, 2013
  27. Colorado Secretary of State Website, "Major Political Parties FAQs," accessed October 31, 2013
  28. Colorado Revised Statutes, "Title 1, Elections," accessed October 31, 2013
  29. Connecticut Secretary of State Website, "Frequently Asked Questions, Nominating Papers," accessed October 31, 2013
  30. Florida Department of State Division of Elections, "2013-2014 Dates to Remember," accessed November 6, 2013
  31. 2013 Florida Statutes, "Section 99.061," accessed December 2, 2014
  32. Hawaii State Legislature, "HRS §12-6 Nomination papers: time for filing; fees", accessed May 22, 2013
  33. 2014 Kentucky Election Calendar, accessed November 12, 2013
  34. Kentucky State Board of Elections "Candidate Qualifications and Filing Fees" accessed November 26, 2011
  35. Maine Secretary of State "State of Maine 2014 Candidate's Guide to Ballot Access," accessed February 11, 2014
  36. The State Board of Elections, "Candidacy," accessed November 5, 2013
  37. 2014 Massachusetts State Primary and State Election Schedule, accessed December 2, 2013
  38. Official Election Calendar for the State of Nebraska, accessed November 18, 2014
  39. 39.0 39.1 39.2 Virginia State Board of Elections, "Official candidate list," accessed July 11, 2014
  40. 40.0 40.1 40.2 Virginia Department of Elections, "Official special election results," accessed September 30, 2014
  41. WJLA, "Phil Puckett, Virginia senator, announces his resignation," June 9, 2014
  42. The Roanoke Times, "4 now seeking party nod for state Senate seat with NRV corner," June 17, 2014
  43. Washington Post, "Republicans select Del. Ben Chafin to run for Phillip Puckett’s Virginia Senate seat," June 20, 2014
  44. ARLnow, "Del. Bob Brink Retiring to Join McAuliffe Administration," June 27, 2014
  45. Washington Post, "August special elections set for 2 Va. House seats," July 1, 2014
  46. wavy.com, "Norfolk Delegate Algie Howell to resign," June 27, 2014
  47. Washington Post, "August special elections set for 2 Va. House seats," July 1, 2014