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State Legislative Tracker: Religious freedom laws in Indiana and Arkansas

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April 6, 2015

Edited by Jackie Beran
This week’s tracker includes a look at a state representative's controversial comments in Colorado and two newly amended religious freedom laws in Indiana and Arkansas.

Weekly highlight

  • Arkansas: As the Indiana legislature rushed to clarify its religious freedom act, a similar bill was sent back to the Arkansas legislature after the governor requested amendments to a previous version of the bill. Gov. Asa Hutchinson (R) announced on April 1 that he would veto HB 1228 as passed and requested that the legislature make changes to mirror the federal religious freedom law dating back to 1993.[1] Hutchinson had previously stated that he would sign the bill. During the press conference, Hutchinson, who said his son signed a petition requesting that he veto the bill, declared, "We want to be known as a state that does not discriminate, but understands tolerance."[2] He also noted a "generational gap" on the subject of same-sex marriage, citing a "split on how to balance the diversity of our culture with the traditions and firmly held religious convictions."[3] While the bill would not explicitly allow such discrimination, opponents argued that businesses would be able to turn away LGBT customers under the legislation. Hutchinson's refusal to sign the bill was lauded by Walmart, a retailer with headquarters in the state.[4] The Senate passed a new bill, SB 975, by a vote of 26-0 on Wednesday. The House then passed it 76-17 on Thursday; Hutchinson signed it about 30 minutes later.[5] The governor said upon signing, "I think it's sending the right signal, the way this has been resolved, to the world and the country that Arkansas understands the diversity of our culture and workforce but also the importance of balancing that with our sincerely held religious convictions."[6] Under the law, someone's religious beliefs may only be infringed upon if the government demonstrates a compelling interest.[1] The revision did not satisfy all, as the American Civil Liberties Union of Arkansas issued a press release arguing that the new bill does little to prevent discrimination.[7] The original HB 1228 was recalled after the signing.[1]
  • Colorado: Despite calls from members of his own party, State Rep. Gordon Klingenschmitt (R-15) announced that he will not be resigning following the outrage surrounding his comment attributing an attack on a pregnant woman to "the Curse of God upon America for our sin of not protecting innocent children in the womb."[8] The comments came after the announcement that Dynel Lane would not be charged with murder after he attacked a Colorado woman and cut her unborn baby from her womb.[8][9] Klingenschmitt's comments were made on his online show "Pray in Jesus Name" that airs daily.[10] Klingenschmitt, a former Navy Chaplain, initially refused to apologize for the comments.[11] The commentary led to the state lawmaker being removed from the Health, Insurance and Environment Committee, and to Christy Le Leit with the El Paso Democratic Party calling him an embarrassment to Colorado. Democrats were not the only ones to criticize him; one Republican member of the House remarked that just because Klingenschmitt had an R after his name, that did not mean he represented the party, and the party did not want anyone thinking he did. He is not without supporters, though; State Rep. Justin Everett (R-22) called his removal from the committee inappropriate and an indication that lawmakers were having their speech rights infringed upon.[12] On April 1, 2015, Klingenschmitt released a video stating he would be suspending his daily show until after the end of the Colorado House of Representatives' current session, but would not resign.[8]
  • Indiana: Last week the tracker reported on the Religious Freedom Restoration Act (RFRA) in Indiana and the controversy surrounding the new law. Because of how the law was worded, it could have allowed businesses to deny services to same-sex couples on religious grounds.[13] To quiet the critics, the Indiana State Legislature proposed changes to the Religious Freedom Restoration Act. According to the amended religious freedom bill, the bill "...does not authorize a provider — including businesses or individuals — to refuse to offer or provide services, facilities, goods, employment, housing or public accommodation to any member of the public based on sexual orientation or gender identity, in addition to race, color, religion, ancestry, age, national origin, disability, sex or military service."[14] While the new language does not allow businesses to refuse to serve gays or other minority groups, the language exempts churches or other nonprofit religious organizations from the definition of "provider."[14] The amended bill passed the House of Representatives by a vote of 66 to 30 and passed the State Senate by a vote of 34 to 16. Gov. Mike Pence (R) signed the clarification bill for RFRA on April 2.[15] The law will take effect on July 1.[16] While many businesses and organizations are happy with the fix, Bill Oesterle, CEO of Angie's List, rejected the compromise and said that, "Our position is that this 'fix' is insufficient. There was no repeal of RFRA and no end to discrimination of homosexuals in Indiana."[16] The company, which has headquarters in Indianapolis, put an expansion plan on hold for their headquarters after the original RFRA law was passed.[16] Democrats argue that the amended bill did not go far enough and want a repeal of RFRA or full civil rights protections for gays and lesbians.[14] Similar to Indiana's RFRA, Arkansas Gov. Asa Hutchinson signed on April 2 a revised Religious Freedom Bill, one day after he sent the bill back to the State Legislature and ordered it to closely reflect federal law.[17] With the addition of Indiana and Arkansas, 21 states have now adopted religious freedom laws.[18]

Partisan breakdown

As of today, April 6, 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 55.6% of all seats while Democrats hold 42.9%. 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 3,170 42.9%
Republican state legislators 4,108 55.6%
Independent (and nonpartisan) state legislators 69 0.93%
Third party legislators 7 0.094%
Vacancies 28 0.37%

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 April 6, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 28 out of 50 state legislatures are meeting in regular session. Louisiana has yet to convene this year. Ten states are in recess and eleven states have adjourned their 2015 legislative sessions.

The following states have convened their 2015 regular sessions:[19]

In recess

As of today, April 6, there are ten state legislatures currently in recess.[20]

Adjourned

The following states have adjourned their 2015 regular sessions:[21]

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 1,972 state senate seats in the country, 131 are 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 are five special elections scheduled this week in Florida, Wisconsin and Oklahoma.

Florida State Senate District 6

See also: Florida state legislative special elections, 2015

David Cox was unopposed in the Democratic primary, while Travis Hutson defeated Dennis McDonald, Ronald Renuart and Beth Sweeny in the Republican primary. Hutson defeated Cox in the special election.[26][27][28]

The seat was vacant following John Thrasher's (R) resignation to become President of Florida State University.[29]

A special election for the position of Florida State Senate District 6 was called for April 7, with a primary on January 27, 2015. The filing deadline for candidates wishing to run in this election was December 2, 2014.[30]

Florida State Senate, District 6, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngTravis Hutson 69.7% 28,939
     Democratic David Cox 30.3% 12,595
Total Votes 41,534
Florida State Senate, District 6 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngTravis Hutson 52.2% 13,419
Ronald Renuart 35.1% 9,024
Dennis McDonald 12.7% 3,254
Total Votes 25,697
Democratic PartyJanuary 27 Democratic primary candidates:
Republican PartyJanuary 27 Republican primary candidates:
April 7 Special election candidates:
Democratic Party David Cox
Republican Party Travis Hutson

Florida House of Representatives District 17

See also: Florida state legislative special elections, 2015

Cyndi Stevenson defeated John R. Capra and Michael Alan Davis in the Republican primary and defeated Mary Anne Boczek (I) and Judy Stevens (I-Write in) in the special election.[26][31][32]

The seat was vacant following Ronald Renuart's (R) resignation to run for Florida State Senate District 6.[33][34]

A special election for the position of Florida House of Representatives District 17 was called for April 7, with a primary on January 27, 2015. The filing deadline for candidates wishing to run in this election was December 2, 2014.[35]

Florida House of Representatives, District 17, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngCyndi Stevenson 77.7% 11,189
     Write-In Judy Stevens 22.2% 3,198
     Independent Mary Anne Boczek 0.1% 12
Total Votes 14,399
Florida House of Representatives, District 17 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngCyndi Stevenson 41.6% 5,175
Michael Alan Davis 39.2% 4,874
John R. Capra 19.1% 2,379
Total Votes 12,428
Republican PartyJanuary 27 Republican primary candidates:
April 7 Special election candidates:
Republican Party Cyndi Stevenson
Grey.png Mary Anne Boczek
Grey.png Judy Stevens (Write-in)

Florida House of Representatives District 24

See also: Florida state legislative special elections, 2015

Adam Morley was unopposed in the Democratic primary, while Paul M. Renner defeated Danielle A. Anderson and Ron Sanchez in the Republican primary. Sheamus John McNeeley withdrew before the Republican primary.[36] Renner defeated Morley in the special election.[26][37][38]

The seat was vacant following Travis Hutson's (R) resignation to run for Florida State Senate District 6.[39]

A special election for the position of Florida House of Representatives District 24 was called for April 7, with a primary on January 27, 2015. The filing deadline for candidates wishing to run in this election was December 2, 2014.[40]

Florida House of Representatives, District 24, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngPaul M. Renner 67% 10,423
     Democratic Adam Morley 33% 5,133
Total Votes 15,556
Florida House of Representatives, District 24 Republican Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngPaul M. Renner 70.2% 5,970
Ron Sanchez 18.3% 1,561
Danielle A. Anderson 11.5% 978
Total Votes 8,509
Democratic PartyJanuary 27 Democratic primary candidates:
Republican PartyJanuary 27 Republican primary candidates:
April 7 Special election candidates:
Democratic Party Adam Morley
Republican Party Paul M. Renner

Wisconsin State Senate District 20

See also: Wisconsin state legislative special elections, 2015

Duey Stroebel defeated Tiffany Koehler and Lee L. Schlenvogt in the Republican primary on February 17.[41] He was unchallenged in the special election on April 7.[42][43]

The seat was vacant following Glenn Grothman's (R) election to represent the 6th Congressional District of Wisconsin on November 4, 2014.[44]

A special election for the position of Wisconsin State Senate District 20 was called for April 7, with a primary on February 17, 2015. The filing deadline for candidates wishing to run in this election was January 6.[44]

Republican PartyFebruary 17 Republican primary candidates:
April 7 Special election candidates:
Republican Party Duey Stroebel

Oklahoma State Senate District 11

See also: Oklahoma state legislative special elections, 2015

Kevin Matthews defeated Heather Nash and Regina Goodwin in the Democratic primary on April 7.[45] Because no Republicans or independent candidates filed for the seat, Matthews won the seat in the Democratic primary.[46]

The seat was vacant following Jabar Shumate's (D) resignation on January 6, 2015, to accept a job in the private sector.[47]

A special election for the position of Oklahoma State Senate District 11 was called for June 9, but because only Democrats filed for the seat, the primary was treated as the special election. A primary election took place on April 7. The filing deadline for candidates wishing to run in this election was January 21, 2015.[47]

Oklahoma State Senate, District 11, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngKevin Matthews 47.3% 1,619
     Democratic Regina Goodwin 38.5% 1,317
     Democratic Heather Nash 14.2% 486
Total Votes 3,422
Democratic PartyApril 7 Democratic primary candidates:

Recent election results

March 31, 2015

Massachusetts House of Representatives First Suffolk District

See also: Massachusetts state legislative special elections, 2015

Adrian Madaro (D) defeated Joanne T. Pomodoro (I) in the special election on March 31. Madaro defeated four others in a Democratic primary on March 3.[48][49]

The seat was vacant following Carlo Basile's (D) resignation on January 7, 2015, in order to serve as chief secretary for Gov. Charlie Baker (R).[50][51]

A special election for the position of Massachusetts House of Representatives First Suffolk District was called for March 31. A Democratic primary took place on March 3.[48]

Massachusetts House of Representatives, 1st Suffolk District, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngAdrian Madaro 90.2% 1,749
     Independent Joanne T. Pomodoro 9.8% 190
Total Votes 1,939
Massachusetts House of Representatives, 1st Suffolk District Democratic Primary, 2015
Candidate Vote % Votes
Green check mark transparent.pngAdrian C. Madaro 42.1% 1,498
Joseph Ruggiero 32.1% 1,140
Edward W. Deveau 16.1% 571
Louis M. Scapicchio 4.9% 174
Camilo Hernandez 4.9% 173
Total Votes 3,556
March 31 Special election candidates:
Democratic Party Adrian Madaro Green check mark transparent.png
Grey.png Joanne T. Pomodoro

Massachusetts House of Representatives Eleventh Worcester District

See also: Massachusetts state legislative special elections, 2015

Hannah Kane (R) defeated Jason Palitsch (D) in the special election on March 31.[49]

The seat was vacant following Matthew Beaton's (R) resignation on January 7, 2015, in order to serve as the Massachusetts Secretary of Energy and Environmental Affairs for Gov. Charlie Baker (R).[52][53]

A special election for the position of Massachusetts House of Representatives Eleventh Worcester District was called for March 31.

Massachusetts House of Representatives, 11th Worcester District, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngHannah Kane 51.8% 4,028
     Democratic Jason Palitsch 48.2% 3,746
Total Votes 7,774
March 31 Special election candidates:
Democratic Party Jason Palitsch
Republican Party Hannah Kane Green check mark transparent.png

RunoffArrow.jpg Texas House of Representatives District 124

See also: Texas state legislative special elections, 2015

Nathan Alonzo (D), Delicia Herrera (D), Ina Minjarez (D) and David L. Rosa (D) faced off in the special election on March 31, 2015.[54] Because no candidate received more than 50 percent of the vote, the top two vote-getters, Minjarez and Herrera, met in a runoff election on April 21, which Minjarez won.[55][56][57]

The seat was vacant following José Menéndez's (D) election to the Texas State Senate on February 17, 2015.[58]

A special election for the position of Texas House of Representatives District 124 was called for March 31. The filing deadline for candidates wishing to run in this election was March 10.[59]

Texas House of Representatives, District 124, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngIna Minjarez 55% 1,331
     Democratic Delicia Herrera 45% 1,090
Total Votes 2,421
Texas House of Representatives, District 124, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngIna Minjarez 42.2% 828
     Democratic Green check mark transparent.pngDelicia Herrera 28.3% 555
     Democratic Nathan Alonzo 23.8% 467
     Democratic David L. Rosa 5.7% 111
Total Votes 1,961
March 31 Special election candidates:
Democratic Party Nathan Alonzo
Democratic Party Delicia Herrera Approveda
Democratic Party Ina Minjarez Approveda
Democratic Party David L. Rosa
Special Runoff election candidates:
Democratic Party Delicia Herrera
Democratic Party Ina Minjarez

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.[60] Dean-Bailey defeated Mann in the special election on May 19.[61]

The seat was vacant following Brian F. Dobson's (R) resignation to become veteran liaison for U.S. Rep. Frank Guinta (R).[62]

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.[63]

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

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. 1.0 1.1 1.2 KASU, "Governor Hutchinson signs new 'Religious Freedom' bill into law," April 3, 2015
  2. The Huffington Post, "Arkansas Governor Asa Hutchinson Signs Amended Religious Freedom Bill," April 2-3, 2015
  3. Reuters, "Arkansas governor seeks fix of religion bill seen as targeting gays," April 1, 2015
  4. Reuters, "Walmart commends Arkansas governor for reconsidering religion law," April 1, 2015
  5. KTHV-TV, "Arkansas governor signs new 'religious freedom' bill," April 3, 2015
  6. CNN, "Arkansas governor signs amended 'religious freedom' measure," April 2, 2015
  7. ENEWSPF, "ACLU: Arkansas Gov. Rejects Indiana Copycat Bill, Signs New, Flawed Religious Freedom Restoration Act into Law," April 3, 2015
  8. 8.0 8.1 8.2 Andy Koen, KOAA5, "State Representative Klingenschmitt will not resign, suspends TV ministry," April 1, 2015
  9. Steve Benen MSNBC, "Colorado’s Klingenschmitt already making a name for himself," March 31, 2015
  10. Lynn Bartels, Denver Post, "Rep. Gordon Klingenschmitt: The Colorado saga continues," March 31, 2015
  11. Brandon Rittiman, KUSA, "Lawmaker: Baby cut from womb was God's punishment," March 26, 2015
  12. Greg Dingrando, KOAA5, "Republicans and Democrats asking Klingenschmitt to resign," March 31, 2015
  13. Reuters, "Indiana governor signs religious freedom bill that could affect gays," March 26, 2015
  14. 14.0 14.1 14.2 indystar.com, "Gov. Mike Pence signs RFRA fix," accessed April 3, 2015
  15. CNBC, "Indiana's religious act fix gives way to collective sigh," accessed April 3, 2015
  16. 16.0 16.1 16.2 USA Today, "Indiana governor signs amended 'religious freedom' law," accessed April 3, 2015
  17. NBC News, "Indiana, Arkansas Pass Revised Religious Freedom Bills," accessed April 3, 2015
  18. NPR.org, "Indiana, Arkansas Amend 'Religious Freedom' Laws," accessed April 3, 2015
  19. Stateside Associates, "Session Calendar 2015," accessed March 16, 2015
  20. StateNet, "Daily Session Summary," accessed April 6, 2015
  21. StateNet, "Daily Session Summary," accessed April 6, 2015
  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. 26.0 26.1 26.2 Florida Department of State, "January 27, 2015, Primary Election Results," accessed April 23, 2015
  27. Florida Department of Elections, "Official candidate list," accessed December 17, 2014
  28. Florida Department of State, "April 7, 2015, Special Election results," accessed April 23, 2015
  29. News4Jax, "Governor sets 3 NE Florida special elections," October 10, 2014
  30. Florida Department of Elections, "Notice of Special Election," accessed December 17, 2014
  31. Florida Department of Elections, "Official candidate list," accessed December 17, 2014
  32. Florida Department of State, "April 7, 2015, Special Election results," accessed April 23, 2015
  33. News4Jax, "Governor sets 3 NE Florida special elections," October 10, 2014
  34. news4jax.com, "GOP wins trio of special elections," accessed April 8, 2015
  35. Florida Department of Elections, "Notice of Special Election," accessed December 17, 2014
  36. staugustine.com, "McNeeley withdraws from Jan. 27 primary," January 9, 2015
  37. Florida Department of Elections, "Official candidate list," accessed December 17, 2014
  38. Florida Department of State, "April 7, 2015, Special Election results," accessed April 23, 2015
  39. News4Jax, "Governor sets 3 NE Florida special elections," October 10, 2014
  40. Florida Department of Elections, "Notice of Special Election," accessed December 17, 2014
  41. Fox 11, "Stroebel collects 67 percent of 20th Senate District vote," February 18, 2015
  42. Wisconsin Government Accountability Board, "Official candidate list," accessed January 28, 2015
  43. Daily Cardinal, "Voters re-elect incumbent Supreme Court justice, approve changes to court structure," accessed April 8, 2015
  44. 44.0 44.1 Star Tribune, "Walker sets special election to fill Wisconsin Senate seat being vacated by Grothman," December 16, 2014
  45. Oklahoma State Election Board, "Official candidate list," accessed January 28, 2015
  46. Oklahoma State Election Board, "Official results for Federal, State, Legislative and Judicial Races Special Election on April 7, 2015," accessed May 6, 2015
  47. 47.0 47.1 SunHerald.com, "Governor sets date for special Senate election," January 5, 2015
  48. 48.0 48.1 Boston Globe, "Voters lift Madaro in E. Boston House primary," March 4, 2015
  49. 49.0 49.1 Secretary of the Commonwealth of Massachusetts, "2015 State Representative Special General Election-1st Suffolk District," April 16, 2015 Cite error: Invalid <ref> tag; name "MAResultOne" defined multiple times with different content
  50. WBZ/AP, "Charlie Baker’s Cabinet Nearly Filled," January 8, 2015
  51. CommonWealth, "DeLeo reelected as Speaker," January 7, 2015
  52. Worcester Telegram, "Rep. Beaton of Shrewsbury to join Baker administration," November 18, 2014
  53. Telegram & Gazette, "Beaton to take state rep. oath, resign," December 30, 2014
  54. Texas Secretary of State, "Official candidate list," accessed March 11, 2015
  55. Texas Secretary of State, "2015 Special Election, House District 124," accessed April 30, 2015
  56. Texas Secretary of State, "Candidates for State Representative, District 124 Runoff Election," accessed April 13, 2015
  57. Texas Secretary of State, "Special Runoff Election, House District 124," accessed April 30, 2015
  58. NewsWest9.com, "Special election March 31 will replace Menendez in House," March 4, 2015
  59. State of Texas, "Special election proclamation," accessed March 9, 2015
  60. New Hampshire Secretary of State, "Official candidate list," accessed February 11, 2015
  61. New Hampshire Secretary of State, "2015 - 2016 Special Elections," accessed May 20, 2015
  62. forumhome.org, "State Representative Resigns," January 8, 2015
  63. New Hampshire Union Leader, "Student, 19, running for state rep seat," February 2, 2015