State Legislative Tracker: Redistricting controversies in two states
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July 21, 2014
Edited by Joel Williams
This week’s tracker includes a look at the issues surrounding redistricting in Florida and Texas.
Weekly highlight
Last week, no state adjourned its legislative session. Ten states remain in session. Here is a brief look at issues making headlines across the country:
- Florida: As the Tracker reported last week, the Florida State Legislature has been ordered by a federal judge to redraw the congressional map it was tasked with creating following the 2010 census due to the unconstitutionality of two districts, which were deemed to have been drawn to benefit Republicans. The timeline to complete the changes before the 2014 elections, however, remains in question. On Thursday, circuit judge Terry Lewis briefly heard from lawyers representing the legislature, Secretary of State and state election authorities; they informed him that voting had already begun ahead of the August 26 primary by means of absentee ballots, some of which were already returned by the day of the meeting. Ron Labasky, attorney for all but one of the state's election supervisors, expressed doubt over the feasibility of redrawing this year, telling the judge, "I'm not sure how we back up and allow someone to vote again in a new district."[1] David King, representing petitioners including the League of Women Voters, urged the legislature to work on a new map immediately, noting that the 2012 elections had been carried out with an unconstitutional map.[2] After 20 minutes, Lewis scheduled a longer hearing for Thursday, admitting that he had expected an appeal. Last Tuesday, legislative leaders filed a motion conceding the matter, but requested that redistricting occur after the elections.[3] Gerrymandering, or drawing district boundaries for party advantage, was outlawed by voters in 2010. While only two districts were deemed unconstitutional, new boundaries could affect several others when redrawn.[4]
- Texas: The Texas State Legislature is being sued for unconstitutional redistricting of the state house districts following the 2010 census.[5] The U.S. Department of Justice argued on July 14 that the redistricting of the state's legislative districts "discriminated against Hispanic voters and tried to protect Republican incumbents."[6] The redistricting, conducted by the state legislature and a Legislative Redistricting Board, is required to draw the districts in such a manner that they have near equal population and "neither has the purpose nor will have the effect of denying or abridging the right to vote on the basis of race, color, or language group."[7][6] In 2013, Texas was one of fifteen states with a history of voting discrimination that was deemed by the high court as no longer needing approval from Washington under the Voting Rights Act to change election laws.[8][9] The Justice Department argues that Texas should still be required to obtain federal approval. Attorney for the Justice Department's Civil Rights Division, Bryan Sells, said that Texas has "adopted maps that discriminated against its citizens" since 1970.[9] Patrick Sweeten, an Assistant Texas Attorney General, said, "No one in the Texas Legislature discriminated on the basis of race."[9] If the Texas Legislature is proven to be guilty of discrimination, it could have to be approved for election or voting law changes by the U.S. Attorney General or federal judges.[6] A map of the state house districts for the 83rd Legislature can be found on the Texas Legislative Council website.
- Wisconsin: On July 17, 2014, Governor Scott Walker (R) called on the Wisconsin State Legislature to repeal Common Core standards. In a statement, Walker said, "Today, I call on the members of the state Legislature to pass a bill in early January to repeal Common Core and replace it with standards set by people in Wisconsin."[10] Common Core standards were adopted by the state in 2010, and starting next year the state's tests will be geared towards the standards. Hours before Walker's statement on Common Core, two Republican Senators, Leah Vukmir and Paul Farrow, released a joint statement calling for a delay in the Smarter Balanced Assessments tied to the exams.[11] On Wednesday night, the Cedarburg School Board voted 5-0 to ask lawmakers to delay implementing Common Core tests for at least two years.[12] Earlier this year, Walker's staff drafted a bill that would repeal the Common Core standards. Farrow and Vukmir supported this bill and led the effort to pass the bill, but the bill failed to receive the support of the chairmen of the Senate Education Committee and Assembly Education Committee.[13] Three states, Indiana, Oklahoma and South Carolina, have dropped Common Core standards in recent months. This week the North Carolina Legislature passed a bill for rewriting the Common Core standards, while Gov. Pat McCrory (R) has indicated that he would sign the bill.[14]
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 3 out of 50 state legislatures are meeting in regular session. One state, Ohio, is in Skeleton Session. Skeleton Session typically includes very short nonvoting sessions instead of regular sessions with a full chamber.[15]
The following states have adjourned their 2014 regular session:[16]
- February 20: New Mexico
- March 7: Wyoming
- March 10: Oregon
- March 10: Virginia
- March 10: West Virginia
- March 14: Indiana
- March 14: Utah
- March 14: Washington
- March 20: Arkansas
- March 21: Georgia
- March 21: Idaho
- March 31: South Dakota
- April 3: Mississippi
- April 4: Alabama
- April 8: Maryland
- April 16: Kentucky
- April 18: Nebraska
- April 18: Tennessee
- April 24: Arizona
- April 25: Alaska
- May 2: Hawaii
- May 2: Iowa
- May 2: Maine
- May 5: Florida
- May 7: Colorado
- May 7: Connecticut
- May 10: Vermont
- May 19: Minnesota
- May 19: Missouri
- May 26: Oklahoma
- May 30: Kansas
- June 2: Illinois
- June 3: Louisiana
- June 4: Wisconsin
- June 6: South Carolina
- June 13: New Hampshire
- June 23: Rhode Island
In recess
As of today, July 21, there are six state legislatures currently in recess:[17]
- Michigan: Returns July 30
- Virginia: Returns August 1
- California: Returns August 4
- Pennsylvania: Returns August 4
- New York: Returns October 6
- Delaware: Returns January 13
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 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
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 | 116 | ||
| Alaska | 78 | ||
| Arizona | 90 | ||
| Arkansas | 78 | ||
| California | 88 | ||
| Colorado | 85 | ||
| Connecticut | 90 | ||
| Delaware | 63 | ||
| Florida | 67 | ||
| Georgia | 74 | ||
| Hawaii | 67 | ||
| Idaho | 78 | ||
| Illinois | 106 | ||
| Indiana | 88 | ||
| Iowa | 81 | ||
| Kansas | 65 | ||
| Kentucky | 112 | ||
| Maine | 85 | ||
| Maryland | 119 | ||
| Massachusetts | 98 | ||
| Michigan | 105 | ||
| Minnesota | 70 | ||
| Missouri | 133 | ||
| Montana | 85 | ||
| Nebraska | 85 | ||
| Nevada | 88 | ||
| New Hampshire | 88 | ||
| New Mexico | 119 | ||
| New York | 61 | ||
| North Carolina | 67 | ||
| North Dakota | 64 | ||
| Ohio | 90 | ||
| Oklahoma | 74 | ||
| Oregon | 70 | ||
| Pennsylvania | 70 | ||
| Rhode Island | 76 | ||
| South Carolina | 72 | ||
| South Dakota | 70 | ||
| Tennessee | 126 | ||
| Texas | 85 | ||
| Utah | 96 | ||
| Vermont | 75 | ||
| Washington | 80 | ||
| West Virginia | 108 | ||
| Wisconsin | 71 | ||
| Wyoming | 81 |
Special Elections
There is one special election scheduled this week in Connecticut.
Connecticut House of Representatives District 122
Ben McGorty (R) defeated Arlene Liscinsky (D) in the special election.[37][38]
The seat was vacant following Lawrence Miller's (R) death.[37]
A special election for the position of Connecticut House of Representatives District 122 has been called for July 22. Candidates were nominated by their party rather than chosen through a primary.[37]
| Party | Candidate | Vote % | Votes | |
|---|---|---|---|---|
| Republican | 75.3% | 1,403 | ||
| Democratic | Arlene Liscinsky | 24.7% | 459 | |
| Total Votes | 1,862 | |||
Note: Results provided here are unofficial returns.[39]
- July 22 Special election candidates:
Arlene Liscinsky
Ben McGorty
Looking ahead
Upcoming special elections include:
- August 5: Texas State Senate District 4 (Runoff)
- August 19: Virginia State Senate District 38
- August 19: Virginia House of Delegates District 48
- August 19: Virginia House of Delegates District 90
- November 4: Louisiana House of Representatives District 97
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
- ↑ Associated Press, "Florida Legislature asks judge to delay new map," July 17, 2014
- ↑ Reuters, "Judge mulls timetable for redrawing Florida redistricting maps," July 17, 2014
- ↑ Miami Herald, "Legislature agrees to redraw invalid congressional districts — for 2016," July 15, 2014
- ↑ News Service of Florida, "Lawyers ask judge to delay new congressional map," July 18, 2014
- ↑ Amarillo Globe-News, "Multiple plaintiffs sue state Legislature," July 13, 2014
- ↑ 6.0 6.1 6.2 The Washington Post, "Texas' legislative districts accused of discriminating against Hispanics and protecting Republicans," July 15, 2014
- ↑ Texas Legislative Council, "Basic Requirements," accessed July 18, 2014
- ↑ KTRH, "DOJ: Texas Election Changes Need Pre-Approval," July 15, 2014
- ↑ 9.0 9.1 9.2 Statesman, "Feds: Texas voting maps deliberately discriminated," July 14, 2014
- ↑ Wisconsin State Journal, "Scott Walker calls on Legislature to repeal Common Core in January," accessed July 18, 2014
- ↑ Milwaukee-Wisconsin Journal Sentinel, "Senators Farrow, Vukmir echo Cedarburg vote to delay new tests," accessed July 18, 2014
- ↑ Milwaukee-Wisconsin Journal Sentinel, "Cedarburg School Board votes to seek postponement of Common Core exams," accessed July 18, 2014
- ↑ Milwaukee-Wisconsin Journal Sentinel, "Scott Walker staff drafted bill aimed at Common Core State Standards," accessed July 18, 2014
- ↑ Milwaukee-Wisconsin Journal Sentinel, "Gov. Scott Walker calls for Legislature to repeal Common Core standards," accessed July 18, 2014
- ↑ Cleveland.com, "Ohio's 2014 legislative calendar will be crammed with election-year politicking and backroom pleading: Thomas Suddes," December 15, 2013
- ↑ Stateside Associates, " Session Calendar 2014," accessed July 21, 2014
- ↑ StateNet, " Daily Session Summary," accessed July 21, 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
- ↑ 37.0 37.1 37.2 Connecticut Post, "Slate set for special state House election," June 15, 2014
- ↑ CTPost.com, "McGorty wins 122nd District seat," July 22, 2014
- ↑ Shelton Herald, "UPDATED: State rep special election results by polling place," July 23, 2014
