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State Legislative Tracker: North Dakota legalizes armed drones for law enforcement

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August 31, 2015

Edited by Jackie Beran

This week’s tracker includes a look at the lack of a state budget in North Carolina and a bill in North Dakota that legalized armed drones for law enforcement.

Weekly highlight

Seal of North Carolina.png

NORTH CAROLINA: The state will head into its third month without a budget after the General Assembly passed a third temporary spending measure last Thursday. The Senate passed the continuing resolution 37-6, and the House followed suit by a vote of 109-4. For the time being, most agencies are funded at levels similar to last year, but public schools have been allocated an extra $100 million. The second temporary measure expires today.[1] While the amount of the budget has been agreed upon at $21.7 billion, lawmakers have yet to agree on how to distribute the money.[2] At the center of the impasse is funding for teacher assistants and driver education, leaving some school districts to respond with cuts and layoffs. The new spending measure is due to expire September 18.[1] The fiscal year began in North Carolina on July 1; for each day the legislature meets without passing a final budget, the cost to the state is $42,000, something Senate Minority Leader Dan Blue (D) deemed "irresponsible leadership."[3][1] House Speaker Tim Moore (R) had a different opinion of the lengthy process, saying that the legislature has been "thinking about how these numbers affect real people." As it stands, the current legislative session is the second-longest in 40 years.[4] One legislator, Rep. Rick Glazier (D), was due to resign at the end of the session but was forced to leave on Friday instead; he begins work today as the executive director of the North Carolina Justice Center.[5]

Seal of North Dakota.png

NORTH DAKOTA: House Bill 1328 was passed by the North Dakota Legislative Assembly and signed by Gov. Jack Dalrymple (R) this past April, but it got little attention until The Daily Beast reported on the legislation and its ramifications.[6] In its amended form, House Bill 1328 made North Dakota the first state to legalize armed drones for law enforcement.[6] The sponsor of the bill, Rep. Rick Becker (R-7), said that the original bill prohibited armed drones and that the "...primary intent of the bill was to require that law enforcement have a search warrant in order to conduct surveillance on a private citizen."[7] Becker said that to get the bill passed with the requirement for search warrants, he had to compromise on the weapons issue.[8] Bruce Burkett of the North Dakota Peace Officers Association, a pro-police lobbyist, convinced lawmakers to amend House Bill 1328 and remove the prohibition of non-lethal weapons.[6] The amendment allows for less lethal weapons on drones, including tear gas, rubber bullets, beanbags, pepper spray and Tasers.[8] Even though North Dakota has legalized armed drones for law enforcement, one police department has already said that they do not plan on using them. Lt. Michael Mitchell of the Fargo Police Department has said on using armed drones, "Non-lethal weapons is something that is a little, that we're not, we have no intention of using and it was kind of a surprise that they included that in there."[7] If police departments want to use weaponized drones, they have to be operated by a licensed pilot and approved by the Federal Aviation Administration (FAA), a process which can take up to two years.[7] Rep. Becker says that he plans on reintroducing his original bill, which prohibits lethal and non-lethal armed drones, during the next legislative session in 2017.[7]

Sessions

Current sessions capture for the week of August 31, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Regular sessions

Currently Six out of 50 state legislatures are meeting in regular session. Four states are in recess, 39 states have adjourned their 2015 legislative sessions and one state is in special session.

The following states are in regular session:[9]

In recess

As of today, August 31, there are four state legislatures currently in recess.[10]


Adjourned

The following states have adjourned their 2015 regular sessions:[12]

Special sessions

As of today, August 31, there is one state legislature currently in special session and one special session in recess.

  • June 19, 2015:[13] California; special session concurrent with regular session
  • August 17, 2015:[14] Virginia; special session on redistricting is in recess

2015 Legislative Elections

See also: State legislative elections, 2015

In the 50 states, there are 99 state legislative chambers, of which seven chambers will hold state legislative elections in November 2015.[15]

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

A total of 131 of the country's 1,972 state senate seats and 407 of the country's 5,411 state house seats will be up for a vote. This accounts for 6.6 percent of the country's state senate seats and 7.5 percent of the country's state house seats. Altogether, 538 (7.3%) of the country's 7,383 state legislative seats are up for election. Louisiana, Mississippi, New Jersey and Virginia hold elections in odd-numbered years. The New Jersey State Senate is the only chamber in those four states without scheduled elections in 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 primary elections scheduled this week.

Wisconsin State Assembly District 99

See also: Wisconsin state legislative special elections, 2015

A special election for the position of Wisconsin State Assembly District 99 was called for September 29. A primary election took place on September 1. The filing deadline for candidates wishing to run in this election was August 4.

The seat was vacant following Chris Kapenga's (R) election to the state Senate.[20]

Cindi Duchow defeated Scott Owens, Dave Westlake and Spencer Zimmerman in the Republican primary.[21] Duchow was unopposed in the special election.[22][23][20]

Wisconsin State Assembly, District 99 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngCindi Duchow 40.2% 1,341
Dave Westlake 33% 1,101
Scott Owens 22.1% 737
Spencer Zimmerman 4.4% 146
Scattering 0.3% 11
Total Votes 3,336
Democratic Party September 1 Democratic primary candidates:
  • No candidates filed for election.
Republican Party September 1 Republican primary candidates:

South Carolina State Senate District 45

See also: South Carolina state legislative special elections, 2015

A special election for the position of South Carolina State Senate District 45 was called for October 20. A primary election took place on September 1. A primary runoff election took place on September 15. The filing deadline for candidates wishing to run in this election was July 13.[24]

The seat was vacant following the death of Clementa Pinckney (D) on June 17, 2015, in a mass shooting at an AME church in Charleston, South Carolina.[25]

Margie Bright Matthews, R. Keith Horton, Richmond Truesdale, Korey Williams, John E. Washington, Kenneth Hodges, William Bowman, Chauncey Barnwell, Sheree Darien, Libbie Henry Green and Kent Fletcher faced off in the Democratic primary. Since no candidate received more than 50 percent of the vote, the top two vote-getters, Bright Matthews and Hodges, met in a runoff election, which Bright Matthews won.[26] Alberto Fernandez was unopposed in the Republican primary. Leilani Bessinger withdrew from the race before the Republican primary.[24][27] Bright Matthews defeated Fernandez in the special election.[28]

South Carolina State Senate, District 45, Special election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngMargie Bright Matthews 88.5% 5,763
     Republican Alberto Fernandez 11.5% 750
     Write-ins Write-ins 0% 2
Total Votes 6,515
South Carolina State Senate, District 45, Democratic Runoff, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngMargie Bright Matthews 56.2% 3,908
     Democratic Kenneth Hodges 43.8% 3,042
Total Votes 6,950
Democratic Party September 1 Democratic primary candidates:
Republican Party September 1 Republican primary candidates:

Recent election results

August 11, 2015

Pennsylvania House of Representatives District 174

See also: Pennsylvania state legislative special elections, 2015

A special election for the position of Pennsylvania House of Representatives District 174 was called for August 11. Candidates were nominated by parties rather than chosen in primaries.[29]

The seat was vacant following John Sabatina Jr.'s (D) election to the Pennsylvania State Senate.[29]

Edward Neilson (D) defeated Tim Dailey (R) in the special election.[30][31]

Pennsylvania House of Representatives, District 174, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngEdward Neilson 62.5% 2,301
     Republican Tim Dailey 37.5% 1,383
Total Votes 3,684

August 11 Special election candidates:

Democratic Party Ed Neilson Green check mark transparent.png
Republican Party Tim Dailey

Pennsylvania House of Representatives District 191

See also: Pennsylvania state legislative special elections, 2015

A special election for the position of Pennsylvania House of Representatives District 191 was called for August 11. Candidates were nominated by parties rather than chosen in primaries.[32]

The seat was vacant following Ronald Waters' (D) resignation on June 1, 2015, after he pleaded guilty to accepting $8,750 in cash payments in exchange for political actions.[33]

Joanna McClinton (D) defeated Charles Wilkins (R) and Tracey Gordon (Tracey Gordon Party) in the special election.[34][35]

Pennsylvania House of Representatives, District 191, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJoanna McClinton 70.6% 1,806
     Tracey Gordon Party Tracey Gordon 22.2% 568
     Republican Charles Wilkins 7.2% 184
Total Votes 2,558

August 11 Special election candidates:

Democratic Party Joanna McClinton Green check mark transparent.png
Republican Party Charles A. Wilkins, Jr.
Grey.png Tracey Gordon (Tracey Gordon Party)

Pennsylvania House of Representatives District 195

See also: Pennsylvania state legislative special elections, 2015

A special election for the position of Pennsylvania House of Representatives District 195 was called for August 11. Candidates were nominated by parties rather than chosen in primaries.[36]

The seat was vacant following Michelle Brownlee's (D) resignation on June 8, 2015, after she pleaded guilty to conflict of interest.[37]

Donna Bullock (D) defeated Adam Lang (R) in the special election.[38][39]

Pennsylvania House of Representatives, District 195, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngDonna Bullock 86.1% 2,587
     Republican Adam Lang 13.9% 417
Total Votes 3,004

August 11 Special election candidates:

Democratic Party Donna Bullock Green check mark transparent.png
Republican Party Adam Lang

RunoffArrow.jpg Georgia House of Representatives District 80

See also: Georgia state legislative special elections, 2015

A special election for the position of Georgia House of Representatives District 80 was called for July 14.[40] A runoff election took place on August 11. The filing deadline for candidates wishing to run in this election was June 3.[41]

The seat was vacant following Mike Jacobs' (R) appointment to a judgeship in DeKalb County.[42]

Taylor J. Bennett (D), Loren Collins (R), J. Max Davis (R) and Catherine S. Bernard (R) faced off in a special election.[43] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Bennett and Davis, met in a runoff election, which Bennett won.[44][45]

Georgia House of Representatives, District 80, Special Election Runoff, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngTaylor J. Bennett 54.5% 2,715
     Republican J. Max Davis 45.5% 2,263
Total Votes 4,978
Georgia House of Representatives, District 80, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngTaylor J. Bennett (advanced to runoff) 36.8% 1,473
     Republican Green check mark transparent.pngJ. Max Davis (advanced to runoff) 31.5% 1,259
     Republican Catherine S. Bernard 30.1% 1,203
     Republican Loren Collins 1.6% 63
Total Votes 3,998
July 14 Special election candidates:
Democratic Party Taylor J. Bennett Approveda
Republican Party Catherine S. Bernard
Republican Party Loren Collins
Republican Party J. Max Davis Approveda
August 11 Special election runoff candidates:
Democratic Party Taylor J. Bennett Green check mark transparent.png
Republican Party J. Max Davis

RunoffArrow.jpg Georgia House of Representatives District 146

See also: Georgia state legislative special elections, 2015

A special election for the position of Georgia House of Representatives District 146 was called for July 14.[40] A runoff election took place on August 11. The filing deadline for candidates wishing to run in this election was June 3.[46]

The seat was vacant following Larry O'Neal's (R) resignation to become the chief judge on the Georgia Tax Tribunal.[47]

Shaw Blackmon (R), Kelly Burke (R) and Larry Walker (R) faced off in a special election.[48] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Blackmon and Walker, met in a runoff election, which Blackmon won.[49][50]

Georgia House of Representatives, District 146, Special Election Runoff, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngShaw Blackmon 56.9% 2,520
     Republican Larry Walker 43.1% 1,905
Total Votes 4,425
Georgia House of Representatives, District 146, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngShaw Blackmon (advanced to runoff) 43.8% 1,735
     Republican Green check mark transparent.pngLarry Walker (advanced to runoff) 35.3% 1,397
     Republican Kelly Burke 20.9% 828
Total Votes 3,960
July 14 Special election candidates:
Republican Party Shaw Blackmon Approveda
Republican Party Kelly Burke
Republican Party Larry Walker Approveda
August 11 Special election runoff candidates:
Republican Party Shaw Blackmon Green check mark transparent.png
Republican Party Larry Walker

RunoffArrow.jpg Georgia House of Representatives District 155

See also: Georgia state legislative special elections, 2015

A special election for the position of Georgia House of Representatives District 155 was called for July 14.[40] A runoff election took place on August 11. The filing deadline for candidates wishing to run in this election was June 3.[51]

The seat was vacant following Jay Roberts' (R) appointment to planning director of the state Department of Transportation.[52]

Scott Lowell Downing (R), Horace Hudgins (R), Sherry Miley (R) and Clay Pirkle (R) faced off in a special election.[53] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Hudgins and Pirkle, met in a runoff election, which Pirkle won.[54][55]

Georgia House of Representatives, District 155, Special Election Runoff, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngClay Pirkle 58.9% 2,341
     Republican Horace Hudgins 41.1% 1,636
Total Votes 3,977
Georgia House of Representatives, District 155, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngClay Pirkle (advanced to runoff) 36.5% 1,386
     Republican Green check mark transparent.pngHorace Hudgins (advanced to runoff) 31.7% 1,204
     Republican Scott Lowell Downing 23.9% 910
     Republican Sherry Miley 7.9% 301
Total Votes 3,801
July 14 Special election candidates:
Republican Party Scott Lowell Downing
Republican Party Horace Hudgins Approveda
Republican Party Sherry Miley
Republican Party Clay Pirkle Approveda
August 11 Special election runoff candidates:
Republican Party Horace Hudgins
Republican Party Clay Pirkle Green check mark transparent.png

RunoffArrow.jpg South Carolina House of Representatives District 106

See also: South Carolina state legislative special elections, 2015

A special election for the position of South Carolina House of Representatives District 106 was called for September 15. A primary election took place on July 28. A primary runoff election took place on August 11. The filing deadline for candidates wishing to run in this election was June 8.[56]

The seat was vacant following Nelson Hardwick's (R) resignation on May 12, 2015.[57]

Russell Fry, Sanford Cox Graves, Tyler Servant and Roy Sprinkle faced off in the Republican primary.[58] Since no candidate received more than 50 percent of the vote, the top two vote-getters, Fry and Servant, met in a runoff election, which Fry won.[59] Fry was unopposed in the special election.[60][61]

South Carolina House of Representatives, District 106, Special Election Runoff, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngRussell Fry 59.8% 1,738
     Republican Tyler Servant 40.2% 1,167
Total Votes 2,905
South Carolina House of Representatives, District 106 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngRussell Fry (advanced to runoff) 44.8% 1,152
Green check mark transparent.pngTyler Servant (advanced to runoff) 33.3% 856
Roy Sprinkle 14.5% 374
Sanford Cox Graves 7.5% 192
Total Votes 2,574
Democratic Party July 28 Democratic primary candidates:
  • No candidates filed for election.
Republican Party July 28 Republican primary candidates:
August 11 Special election runoff candidates:
Republican Party Russell Fry Approveda
Republican Party Tyler Servant
September 15 Special election candidates:
Republican Party Russell Fry

August 12, 2015

Tennessee House of Representatives District 14

See also: Tennessee state legislative special elections, 2015

Jason Zachary defeated Karen Carson in the Republican primary on August 12. A special general election was not held because there was no Democratic candidate. Zachary was sworn into the seat on August 24.[62][63][64]

The seat was vacant following Ryan Haynes' (R) resignation on May 27, 2015.[65]

A special election for the position of Tennessee House of Representatives District 14 was called for September 29. Since no Democratic candidate filed for election, the Republican primary on August 12 served as the special general election. The filing deadline for candidates wishing to run in this election was July 2, 2015.[66]

Democratic Party August 12 Democratic primary candidates:
  • No candidates filed for election.
Republican Party August 12 Republican primary candidates:
September 29 special election candidates:
Republican Party Jason Zachary

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. 1.0 1.1 1.2 Associated Press, "N. Carolina legislature quickly passes 3rd temporary spending measure bill, signed by McCrory," August 27, 2015
  2. WNCN, "NC budget impasse to continue into Sept.; across-the-board raises unlikely," August 26, 2015
  3. Public News Service, "State Budget Still in Flux at a Cost of Millions to Taxpayers," August 24, 2015
  4. WTVD, "New Stopgap Spending Bill Approved by North Carolina Lawmakers," August 27, 2015
  5. WTVD, "Rep. Rick Glazier Can't Wait Any Longer, Resigning Friday from North Carolina House," August 27, 2015
  6. 6.0 6.1 6.2 The Daily Beast, "First State Legalizes Taser Drones for Cops, Thanks to a Lobbyist," accessed August 28, 2015
  7. 7.0 7.1 7.2 7.3 kvrr.com, "ND Rep. Rick Becker Says Original Bill Had Nothing to Do With Weaponizing Drones," accessed August 28, 2015
  8. 8.0 8.1 NPR, "North Dakota Legalizes Armed Police Drones," accessed August 28, 2015
  9. Stateside Associates, "Session Calendar 2015," accessed August 31, 2015
  10. StateNet, "Daily Session Summary," accessed August 31, 2015
  11. Special session abruptly adjourned on August 17 with no agreement in place over redistricting congressional districts. The deadline to create new congressional maps was September 1. The new maps will be drawn by the courts.
  12. StateNet, "Daily Session Summary," accessed August 31, 2015
  13. Regular session began on December 1, 2014. Special session concurrent with regular session.
  14. Regular session adjourned on February 27
  15. Mississippi, New Jersey and Virginia will hold general elections on November 3, 2015. Louisiana's general elections will be held on November 21.
  16. 16.0 16.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  17. 17.0 17.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  18. 18.0 18.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  19. 19.0 19.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  20. 20.0 20.1 channel3000.com, "Governor sets special election to fill open Assembly seat," July 29, 2015
  21. Wisconsin Government Accountability, "Candidates Registered by Office," accessed August 5, 2015
  22. jsonline.com, "Cindi Duchow wins Waukesha County Republican Assembly primary," accessed September 2, 2015
  23. jsonline.com, "Duchow defeats write-in candidates for Assembly seat," accessed September 30, 2015
  24. 24.0 24.1 scvotes.org, "State Senate District 45 Special Election," accessed June 26, 2015
  25. NBC News, "'This Is a Hate Crime': Nine People Killed at Historic South Carolina Church," June 18, 2015
  26. scvotes.org, "State Senate District 45 Democratic Primary Runoff," accessed September 16, 2015
  27. scvotes.org, "State Senate District 45 Democratic Primary," accessed September 16, 2015
  28. South Carolina State Election Commission, "State Senate District 45 Special Election," accessed October 21, 2015
  29. 29.0 29.1 philly.com, "Want to represent Phila.? Three state House seats up for grabs," accessed June 16, 2015
  30. Pennsylvania Department of State, "Unofficial list of candidates," accessed June 23, 2015
  31. Pennsylvania Department of State, "Results for the 174th Legislative Special Election," accessed August 12, 2015
  32. philly.com, "Want to represent Phila.? Three state House seats up for grabs," accessed June 16, 2015
  33. pennlive.com/, "Pa. State Rep. Ron Waters pleads to accepting cash for official action; will resign seat today," accessed June 1, 2015
  34. Pennsylvania Department of State, "Unofficial candidate list," accessed June 23, 2015
  35. Pennsylvania Department of State, "Results for the 191st Legislative Special Election," accessed August 12, 2015
  36. philly.com, "Want to represent Phila.? Three state House seats up for grabs," accessed June 16, 2015
  37. triblive.com, "Fourth official pleads guilty in legislative sting case," accessed June 8, 2015
  38. Pennsylvania Department of State, "Unofficial candidate list," accessed June 26, 2015
  39. Pennsylvania Department of State, "Results for the 195th Legislative Special Election," accessed August 12, 2015
  40. 40.0 40.1 40.2 PeachPundit.com, "Dates of Special Elections To Fill Vacancies," accessed May 18, 2015
  41. Georgia Secretary of State, "Call for Special Elections in State House of Representatives Districts 48, 80, 146, 155," accessed May 21, 2015
  42. bizjournals.com, "Mike Jacobs leaving legislature for judgeship," accessed May 18, 2015
  43. Georgia Secretary of State, "State Representative, District 80," accessed June 8, 2015
  44. Georgia Election Results, "Statewide results for special election," accessed August 13, 2015
  45. Georgia Secretary of State, "Special Election Runoff results," accessed September 8, 2015
  46. Georgia Secretary of State, "Call for Special Elections in State House of Representatives Districts 48, 80, 146, 155," accessed May 21, 2015
  47. WMAZ, "O'Neal Resignation Effective Midnight April 30," April 29, 2015
  48. Georgia Secretary of State, "State Representative, District 146," accessed June 8, 2015
  49. Georgia Election Results, "Statewide results for special election," accessed August 13, 2015
  50. Georgia Secretary of State, "Special Election Runoff results," accessed September 8, 2015
  51. Georgia Secretary of State, "Call for Special Elections in State House of Representatives Districts 48, 80, 146, 155," accessed May 21, 2015
  52. bizjournals.com, "Jay Roberts tapped for Georgia DOT planning director," accessed May 18, 2015
  53. Georgia Secretary of State, "State Representative, District 155," accessed June 8, 2015
  54. Georgia Election Results, "Statewide results for special election," accessed August 13, 2015
  55. Georgia Secretary of State, "Special Election Runoff results," accessed September 8, 2015
  56. scvotes.org, "State House of Representatives District 106 Special Election," accessed June 1, 2015
  57. wmbfnews.com, "State Rep. Nelson Hardwick resigns following inappropriate conduct complaint investigation," accessed May 18, 2015
  58. carolinalive.com, "Four Republicans file for open South Carolina State House seat," accessed June 10, 2015
  59. scvotes.org, "State House of Representatives District 106 Republican Primary," accessed July 29, 2015
  60. scvotes.org, "State House of Representatives District 106 Republican Primary Runoff," accessed September 16, 2015
  61. scvotes.org, "State House of Representatives District 106 Special Election," accessed September 16, 2015
  62. wbir.com, "Two Republicans to vie for open state House seat," accessed July 2, 2015
  63. wbir.com, "Zachary prevails in race for 14th District TN House seat," accessed August 13, 2015
  64. wbir.com, "Zachary sworn in as new TN state rep," accessed August 31, 2015
  65. Dave Boucher, The Tennessean, "New GOP Chairman Haynes resigns seat in statehouse," March 27, 2015
  66. wbir.com, "Haslam issues writ, setting up election to replace Haynes," accessed June 16, 2015