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State Legislative Tracker: Oklahoma senator under investigation for embezzlement

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June 8, 2015

Edited by Jackie Beran

This week’s tracker includes a look at a tax increase in Nevada, a senator in Oklahoma who is under investigation and an abortion bill in Wisconsin.

Weekly highlight

Gov. Brian Sandoval (R)

NEVADA: Before the Nevada State Legislature adjourned for 2015, the legislature passed the largest tax increase in the state's history.[1] Senate Bill 483 will raise $1.1 billion in new and extended taxes.[1] The package will raise about $200 million in new cigarette taxes, $500 million in payroll and sales taxes and about $400 million in sunset taxes, which are placed into the general fund.[2] The sunset taxes were set to expire in 2009 and in 2011, but were extended both times.[2] The tax package was at the center of Gov. Brian Sandoval's (R) agenda for the 2015 legislative session.[3] The bill passed the state Senate by a vote of 18 to 3 and the state Assembly by a vote of 30 to 10.[3] On the bill's passing, Sen. Don Gustavson (R) said that legislators "should be ashamed of themselves to force through the largest tax increase in Nevada's history that includes the type of tax that voters did not support. And you wonder why our constituents distrust politicians?"[1] The only senators who voted in opposition to the bill were Gustavson, Peter Goicoechea (R) and James Settelmeyer (R).[1] The 10 "no" votes on the bill in the state Assembly were all from Republicans.[3] The bill has now been sent to the governor for his signature.[4]

Sen. Rick Brinkley (R)

OKLAHOMA: A state senator has been under official investigation over alleged misuse of campaign funds since January.[5] This investigation caused him to be fired from his position at the Tulsa branch of the Better Business Bureau, a consumer safety agency, in April.[6] Last Monday, The Oklahoman reported that the Oklahoma State Bureau of Investigation opened an audit into the activities of Sen. Rick Brinkley (R-Owasso), who paid the BBB short of $49,700 from his campaign fund on January 7, then repaid the fund via his personal bank account on April 6. Brinkley stated that the payment was in error, as he "inadvertently picked up the wrong sheet of checks." He said that he contacted the Oklahoma Ethics Commission immediately for counsel on how to report the transaction. The purpose of the initial check remains unclear.[5][7] Brinkley served as president and CEO of the Tulsa BBB until 2011, then as chief operating officer until his termination on April 26 following an internal investigation.[8][6] The BBB began a full financial audit last Tuesday.[6] In an op-ed, the Skiatook Journal announced that it would suspend a weekly column from Brinkley "until the matter is cleared."[9] Prior to the incident, Brinkley, the chair of the Senate Pension Committee and the vice chair of the Senate Finance Committee, was seen as a possible future Senate President Pro Tem.[10] The OSBI told Tulsa station KOKI-TV that the case could result in a felony embezzlement charge.[11]

Gov. Scott Walker (R)

WISCONSIN: Lawmakers in Wisconsin are seeking to pass a law that would ban most abortions after 20 weeks, including in instances of rape and incest.[12] Plans for Wisconsin Assembly Bill 237 were first announced in early May, with the explicit support of Wisconsin Governor Scott Walker (R), a likely candidate for president of the United States.[13] The bill's lead sponsor in the Wisconsin State Assembly, state Rep. Jesse Kremer (R), said in a statement about the bill: "I believe we have a duty and a moral obligation to protect these children from the horrific procedures used to snuff out their lives. The barbaric and painful mutilation of little children is something that no humane and compassionate society should tolerate."[13] The premise of the bill is based on the notion that a fetus can feel pain at 20 weeks of gestation. However, not all scientists support that notion as medical fact.[13] As it is currently written, the bill requires that a doctor make every attempt to keep the fetus alive in a medical emergency. If a doctor fails to do so, he or she could face lawsuits from both the mother and the father.[14] Anyone who performs or attempts to perform an abortion of a fetus after 20 weeks of gestation would be subject to felony charges, with a penalty of a $10,000 fine and up to three years and six months in prison. Opponents of the bill have expressed concern that the life of the mother would not be protected in a medical emergency.[13] While in committee in the Wisconsin State Senate, Senator Jon Erpenbach (D) proposed an amendment that would require doctors to take necessary precautions to ensure the health and safety of the woman, if an abortion were necessary. It was rejected by a 3-2 vote. The bill was voted out of committee on June 4, 2015, by a 3-2 vote along party lines.[14] Walker has vowed to sign the bill when it reaches his desk.[12]

Sessions

Current sessions capture for the week of June 8, 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 16 out of 50 state legislatures are meeting in regular session. One state is in recess, 29 states have adjourned their 2015 legislative sessions and four states are in special session.

The following states have convened their 2015 regular sessions:[15]

In recess

As of today, June 8, there is one state legislature currently in recess.[16]

Adjourned

The following states have adjourned their 2015 regular sessions:[17]

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 scheduled this week.

Rhode Island House of Representatives District 33

See also: Rhode Island state legislative special elections, 2015

Carol Hagan McEntee defeated Susan Cicilline-Buonanno and Jason Colonies in the Democratic primary on May 5.[26] Carol Hagan McEntee (D) defeated C. Elizabeth Candas (I), James L. McKnight Jr. (I) and Robert Trager (R) in a special election on June 9.[27][28]

The seat was vacant following Donald Lally Jr.'s (D) retirement on March 17, 2015.[29]

A special election for the position of Rhode Island House of Representatives District 33 was called for June 9. A primary election took place on May 5. The filing deadline for candidates wishing to run in this election was March 27, 2015.[30][29]

Rhode Island House of Representatives, District 33, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngCarol Hagan McEntee 40.8% 916
     Republican Robert Trager 36.1% 811
     Independent James L. McKnight Jr. 12.3% 277
     Independent C. Elizabeth Candas 10.7% 240
Total Votes 2,244
Rhode Island House of Representatives, District 33 Democratic Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngCarol Hagan McEntee 50% 654
Susan Cicilline-Buonanno 44.5% 581
Jason Colonies 5.5% 72
Total Votes 1,307
Democratic Party May 5 Democratic Primary candidates:
June 8 Special election candidates:
Democratic Party Carol McEntee
Republican Party Robert Trager
Grey.png C. Elizabeth Candas
Grey.png James L. McKnight, Jr.

Recent election results

June 2, 2015

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.[31][32]

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.[33]

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.[31]

Democratic PartyJune 2 Democratic primary candidates:
November 3 Special election candidates:
Democratic Party Nilsa Cruz-Perez

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. 1.0 1.1 1.2 1.3 usnews.com, "Nevada Republican Gov. Brian Sandoval secures unlikely win with approval of big tax increase," accessed June 5, 2015
  2. 2.0 2.1 reviewjournal.com, "Assembly OKs Sandoval’s big tax package," accessed June 5, 2015
  3. 3.0 3.1 3.2 usatoday.com, "Nevada legislature approves state's largest-ever tax hike," accessed June 5, 2015
  4. rgj.com, "Update: 'Historic' tax hike for education heads to governor," accessed June 5, 2015
  5. 5.0 5.1 The Oklahoman, "OSBI investigating Oklahoma state senator over BBB funds," June 1, 2015
  6. 6.0 6.1 6.2 Skiatook Journal, "Rick Brinkley terminated from BBB," June 2, 2015
  7. KJRH, "$50,000 check from State Sen. Rick Brinkley's campaign account at center of Tulsa BBB investigation," June 2, 2015
  8. Associated Press, "OSBI investigating Oklahoma senator in embezzlement case," June 2, 2015
  9. Skiatook Journal, "Rick Brinkley fraud investigation a shocker," June 4, 2015
  10. Tulsa World, "Investigation of Rick Brinkley, rising star in Oklahoma Senate, catches colleagues by surprise," June 3, 2015
  11. KOKI-TV, "Better Business Bureau fires chief operations officer, begins audit," June 2, 2015
  12. 12.0 12.1 Mary Papenfuss, International Business Times, "Wisconsin Governor Scott Walker backs 20-week abortion ban even for rape, incest victims," June 4, 2015
  13. 13.0 13.1 13.2 13.3 Jessie Opoien, The Capital Times, "Wisconsin Republicans to introduce 20-week abortion ban with Scott Walker's support," May 07, 2015
  14. 14.0 14.1 Marge Pitrof, WUWM Radio, "Senate Committee Advances New Abortion Rules for Wisconsin," June 4, 2015
  15. Stateside Associates, "Session Calendar 2015," accessed June 8, 2015
  16. StateNet, "Daily Session Summary," accessed June 8, 2015
  17. StateNet, "Daily Session Summary," accessed June 8, 2015
  18. Regular session adjourned
  19. Regular session adjourned
  20. Regular session adjourned
  21. Regular session adjourned
  22. 22.0 22.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  23. 23.0 23.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  24. 24.0 24.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  25. 25.0 25.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  26. Rhode Island Board of Elections, "Special primary election results - District 33," accessed June 23, 2015
  27. RI.gov, "Secretary Gorbea announces six candidates qualify to run for vacant House District 33 seat," accessed April 16, 2015
  28. Rhode Island Board of Elections, "Special election results - District 33," accessed June 23, 2015
  29. 29.0 29.1 WPRO, "Special election to be held for new state representative," March 19, 2015
  30. RI.gov, "Declaration Period for House District 33 Special Election is this Thursday and Friday," accessed April 7, 2015
  31. 31.0 31.1 State of New Jersey Department of State, "Official candidate list for State Senate," accessed April 16, 2015
  32. State of New Jersey Department of State, "Unofficial primary election results," accessed June 3, 2015
  33. Philly.com, "Cruz-Perez sworn in to New Jersey state Senate seat," December 15, 2014