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State Legislative Tracker: Nebraska abolishes the death penalty with an override veto

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June 1, 2015

Edited by Jackie Beran
This week’s tracker includes a look at an override veto in Nebraska that bans the death penalty, a governor's veto in North Carolina over a religious freedom bill and a resignation in the Tennessee House of Representatives.

Weekly highlight

  • Nebraska: The death penalty is a thing of the past in Nebraska after its unicameral legislature voted last Wednesday to override a veto of LB268 by Gov. Pete Ricketts (R). The previous week, the nominally nonpartisan legislature voted 32-15 to eliminate the death penalty; the override vote succeeded by the minimum of 30 votes.[1] The override ends a longtime crusade by Sen. Ernie Chambers, who sponsored a similar bill every year from 1973 to 2008, then annually since his return to the legislature in 2013. In 1979, his bill passed but was vetoed by then-Gov. Charles Thone (R).[2] Nebraska, which had 10 men on death row, is the first Republican state to repeal the death penalty since North Dakota 42 years ago, and the 19th state overall. The state has not executed an inmate since 1997 and is said to have only recently ordered two of the three drugs needed for lethal injection, which replaced the electric chair in 2009, from an Indian manufacturer.[3] Several states have found obtaining the drugs difficult in recent years, as no domestic pharmaceutical companies have produced sodium thiopental since 2011, and European companies have declined to sell it to American prisons.[4] Ricketts stated in a op-ed published by the Omaha World-Herald prior to the override, "Unlike California or Texas, which have hundreds on death row, we use the death penalty judiciously and prudently." He added that repealing it "vests the killers with more justice than the victims." After the override, Sen. Beau McCoy, who initially voted for the repeal before opposing the override, announced that he would form a group with the aim of placing the issue on a future ballot.[5][6] Sen. Dave Bloomfield said that such a ballot measure would be legislatively referred in the next session. Sen. Bloomfield is also backing a veto referendum on LB 268, along with Gov. Ricketts, Treasurer Don Stenberg and the group Nebraskans for the Death Penalty.[7] Signatures for the referendum are due on August 27, 2015.[8]
Gov. Pat McCrory (R)
  • North Carolina: On May 28, 2015, Gov. Pat McCrory (R) vetoed a "religious freedom" bill that would have allowed certain public officials to refuse to marry same-sex couples because of religious beliefs.[9] Senate Bill 2 does not specifically mention same-sex marriage, but critics of the bill say that it is designed to block gay marriage.[9] In October 2014, same-sex marriage became legal in North Carolina after a federal judge overturned the state's same-sex marriage ban.[10] After he signed the veto, McCrory stated, "for many North Carolinians, including myself, opinions on same-sex marriage come from sincerely held religious beliefs that marriage is between a man and a woman." However, he added that despite his personal convictions, "we are a nation and a state of laws."[11] The bill's sponsor, Phil Berger (R), and House Speaker Timothy K. Moore (R) said in a statement that they "... respect but disagree with the governor’s decision to veto Senate Bill 2, since the First Amendment to the United States Constitution guarantees 'the free exercise of religion.'"[12] The House of Representatives passed Senate Bill 2 on May 29 by a vote of 67 to 43, while the state Senate passed the bill in February by a vote of 32 to 16.[9] Ten representatives did not vote on the bill because they had excused absences.[11] The General Assembly of North Carolina will now have to decide on whether or not to override the veto and enact the bill without the governor's signature.[11]
    Fmr. State Rep. Ryan Haynes (R)
    The general assembly will need a three-fifths majority in both chambers to override the veto.[11]
  • Tennessee: State Rep. Ryan Haynes (R) resigned Wednesday, putting an end to the back-and-forth regarding whether he would follow through on the promise he made while campaigning to become chairman of the Tennessee Republican Party at the end of April.[13][14] Haynes was elected chairman on April 11, 2015, and announced he would be resigning his seat in the Tennessee House of Representatives.[15] However, shortly after the announcement, Haynes indicated he had reservations about the resignation due to the cost of a special election to fill his seat. He claimed he would delay his resignation to save the state between $175,000 and $200,000—the estimated cost for a special election. The decision earned him some criticism from members of the Tenn. GOP.[16] On May 27, 2015, Haynes announced his resignation from the state's lower chamber. The date for an election to fill his seat has not yet been announced.[17] Haynes served in the Tenn. House of Representatives from 2009 to 2015, including serving as assistant majority caucus leader.


Partisan breakdown

As of today, June 1, 2015, the following figures represent the cumulative partisan breakdown of the 50 state senates and 49 state houses. In the 50 states, Republicans currently control 55.7 percent of all seats while Democrats hold 42.9 percent. All told, Republicans control 68 chambers while Democrats are the majority in 30 chambers. One chamber is nonpartisan.

Representation in 50 State Legislatures
Party Number of Percentage
Democratic state legislators 3,171 42.9%
Republican state legislators 4,114 55.7%
Independent (and nonpartisan) state legislators 69 0.93%
Third party legislators 7 0.094%
Vacancies 21 0.28%

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.

The current breakdown of chamber control by party is as follows:

  • Democratic Party 14 chambers
  • Republican Party 35 chambers
  • Grey.png 1 chamber (Nebraska)
See also: Partisan composition of state senates

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 5,413 state representatives.

The current breakdown of chamber control by party is as follows:

  • Democratic Party 16 chambers
  • Republican Party 33 chambers
See also: Partisan composition of state houses

Sessions

Regular sessions

Current sessions capture for the week of June 1, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 21 out of 50 state legislatures are meeting in regular session. One state is in recess and 25 states have adjourned their 2015 legislative sessions. Washington began a special session on April 29, Alaska began a special session on April 28 and Florida began a special session on June 1.

The following states have convened their 2015 regular sessions:[18]

In recess

As of today, June 1, there is one state legislature currently in recess.[19]

Adjourned

The following states have adjourned their 2015 regular sessions:[20]

Special sessions

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 are seven chambers in four states with elections in 2015:

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 the 1,972 state senate seats in the country, 131 are up for up for election in November 2015, and 407 of the country's 5,411 state house seats are up for election. Altogether, 538 of the country's 7,383 state legislative seats are up for 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 is one special election primary scheduled this week.

New Jersey State Senate District 5

See also: New Jersey state legislative special elections, 2015

Incumbent Nilsa Cruz-Perez was unopposed in the Democratic primary and was unchallenged in the general election. Keith Walker (R) was not listed on the official candidate list for the June 2 primary.[28][29]

Nilsa Cruz-Perez (D) was appointed to the seat on December 15, 2014, to replace Donald Norcross (D), who resigned after he was elected to the U.S. House of Representatives. A special election was held to determine who would complete the final two years of Norcross' term.[30]

A special election for the position of New Jersey State Senate District 5 was called for November 3. A primary election took place on June 2. The filing deadline for candidates wishing to run in this election was March 30, 2015.[28]

Democratic PartyJune 2 Democratic primary candidates:

Recent election results

May 19, 2015

☑ California State Senate District 7

See also: California state legislative special elections, 2015

Susan Bonilla (D) and Steve Glazer (D) advanced past Joan Buchanan (D) and Terry Kremin (D) in the primary election on March 17.[31][32] Glazer defeated Bonilla in the special election on May 19.[33] Michaela M. Hertle (R) withdrew from the race shortly after the official candidate list came out.[34]

The seat was vacant following Mark DeSaulnier's (D) election to Congress.[35]

A special election for the position of California State Senate District 7 was called for May 19. A primary election took place on March 17, 2015. The filing deadline for candidates wishing to run in this election was January 23, 2015.[36]

California State Senate, District 7, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngSteve Glazer 54.5% 68,996
     Democratic Susan Bonilla 45.5% 57,491
Total Votes 126,487

March 17 Primary election candidates:

Democratic Party Susan Bonilla Approveda
Democratic Party Joan Buchanan
Democratic Party Steve Glazer Approveda
Democratic Party Terry Kremin

Note: Michaela M. Hertle (R) filed to run but withdrew from the election shortly after the official candidate list was released.[34]

May 19 Special election candidates:

Democratic Party Susan Bonilla
Democratic Party Steve Glazer Green check mark transparent.png

☑ New Hampshire House of Representatives District Rockingham 32

See also: New Hampshire state legislative special elections, 2015

Maureen R. Mann was unopposed in the Democratic primary, while Yvonne M. Dean-Bailey defeated Brian J. Stone in the Republican primary on March 31.[37] Dean-Bailey defeated Mann in the special election on May 19.[38]

The seat was vacant following Brian F. Dobson's (R) resignation to become veteran liaison for U.S. Rep. Frank Guinta (R).[39]

A special election for the position of New Hampshire House of Representatives District Rockingham 32 was called for May 19. A primary election took place on March 31. The filing deadline for candidates wishing to run in this election was February 6.[40]

New Hampshire House of Representatives, Rockingham 32, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngYvonne M. Dean-Bailey 52.4% 1,359
     Democratic Maureen Mann 47.6% 1,233
Total Votes 2,592
New Hampshire House of Representatives, Rockingham 32 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngYvonne M. Dean-Bailey 91% 382
Brian J. Stone 9% 38
Total Votes 420
Democratic Party March 31 Democratic Primary candidates:
Republican Party March 31 Republican Primary candidates:

May 19 Special election candidates:

Democratic Party Maureen Mann
Republican Party Yvonne M. Dean-Bailey Green check mark transparent.png

☑ Pennsylvania State Senate District 5

See also: Pennsylvania state legislative special elections, 2015

John Sabatina Jr. (D) defeated Tim Dailey (R) in the special election on May 19.[41][42]

The seat was vacant following Mike Stack's (D) resignation after he was sworn in as Pennsylvania's new lieutenant governor.[43]

A special election for the position of Pennsylvania State Senate District 5 was called for May 19. Candidates were nominated by parties rather than chosen in primaries.[41]

Pennsylvania State Senate, District 5, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJohn Sabatina Jr. 75.5% 15,029
     Republican Tim Dailey 24.5% 4,876
Total Votes 19,905

May 19 Special election candidates:

Democratic Party John Sabatina, Jr. Green check mark transparent.png
Republican Party Timothy Dailey

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. ↑ NBC News, "Nebraska's Death Penalty Repealed With Veto Override," May 27, 2015
  2. ↑ Lincoln Journal Star, "Chambers takes 37th swipe at death penalty," March 13, 2013
  3. ↑ VICE, "Nebraska Lawmakers Are Preparing to Override the Governor's Veto and Abolish the Death Penalty," May 27, 2015
  4. ↑ The New York Times, "Nebraska Abolishes Death Penalty," May 27, 2015
  5. ↑ Associated Press, "Ricketts vetoes bill to abolish Nebraska's death penalty," May 26, 2015
  6. ↑ USA Today, "Nebraska lawmakers override governor's veto, repeal death penalty," May 27, 2015
  7. ↑ Connecticut Post, "Nebraska lawmaker, treasurer to lead death penalty campaign," June 2, 2015
  8. ↑ Lincoln Journal Star, "Group will seek signatures to put death penalty on the ballot," June 1, 2015
  9. ↑ 9.0 9.1 9.2 NY Times, "North Carolina Governor Vows to Veto a Bill Seen as Targeting Gay Marriage," accessed May 29, 2015
  10. ↑ charlotteobserver.com, "Federal judge overturns NC same-sex marriage ban ," accessed May 29, 2015
  11. ↑ 11.0 11.1 11.2 11.3 wcti12.com, "McCrory vetoes NC religious objection bill on gay marriage," accessed May 29, 2015
  12. ↑ philberger.com/, "Berger, Moore Respond to Governor’s Decision to Veto Bill Protecting First Amendment Religious Freedoms," accessed May 29, 2015
  13. ↑ Dave Boucher, The Tennessean, "New GOP Chairman Haynes resigns seat in statehouse," March 27, 2015
  14. ↑ Richard Locker, Knoxville News Sentinel, "Rep. Ryan Haynes elected state GOP chairman," April 11, 2015
  15. ↑ Richard Locker, Knoxville News Sentinel, "Rep. Ryan Haynes elected state GOP chairman," April 11, 2015
  16. ↑ Dave Boucher, WBIR, "Knoxville's Rep. Haynes may delay departure from state House," April 30, 2015
  17. ↑ Dave Boucher, The Tennessean, "New GOP Chairman Haynes resigns seat in statehouse," March 27, 2015
  18. ↑ Stateside Associates, "Session Calendar 2015," accessed June 1, 2015
  19. ↑ StateNet, "Daily Session Summary," accessed June 1, 2015
  20. ↑ StateNet, "Daily Session Summary," accessed June 1, 2015
  21. ↑ Regular session adjourned
  22. ↑ Regular session adjourned
  23. ↑ Regular session adjourned
  24. ↑ 24.0 24.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  25. ↑ 25.0 25.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  26. ↑ 26.0 26.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  27. ↑ 27.0 27.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  28. ↑ 28.0 28.1 State of New Jersey Department of State, "Official candidate list for State Senate," accessed April 16, 2015
  29. ↑ State of New Jersey Department of State, "Unofficial primary election results," accessed June 3, 2015
  30. ↑ Philly.com, "Cruz-Perez sworn in to New Jersey state Senate seat," December 15, 2014
  31. ↑ California Secretary of State, "Official candidate list," accessed January 28, 2015
  32. ↑ The Sacramento Bee, "Democrats Steve Glazer, Susan Bonilla proceed to Senate runoff," March 17, 2015
  33. ↑ California Secretary of State, "Special General Election, May 19, 2015," accessed June 8, 2015
  34. ↑ 34.0 34.1 Vallejo Times-Herald, "Lone Republican quits East Bay state Senate election," February 2, 2015
  35. ↑ Los Angeles Times, "Gov. Brown calls special election for three vacant state Senate seats," January 13, 2015
  36. ↑ California Secretary of State, "Special election calendar," accessed January 14, 2015
  37. ↑ New Hampshire Secretary of State, "Official candidate list," accessed February 11, 2015
  38. ↑ New Hampshire Secretary of State, "2015 - 2016 Special Elections," accessed May 20, 2015
  39. ↑ forumhome.org, "State Representative Resigns," January 8, 2015
  40. ↑ New Hampshire Union Leader, "Student, 19, running for state rep seat," February 2, 2015
  41. ↑ 41.0 41.1 philadelphiavotes.com, "2015 Primary Election Candidates," accessed April 8, 2015
  42. ↑ Pennsylvania Department of State, "Results of for Special Election - 5th Senatorial District," accessed June 23, 2015
  43. ↑ Philly.com, "Stack to resign Senate seat on inauguration day," January 8, 2015
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