State Legislative Tracker: Texas State Legislature fast-tracking religious freedom law

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May 4, 2015

Edited by Jackie Beran
This week’s tracker includes a look at a resignation in Washington, a bill in Texas that would excuse clergy members from marrying couples when it violates their beliefs and a bill in Indiana that would allow the state board of education to annually elect its own chairman.

Weekly highlight

Glenda Ritz (D)
  • Indiana: In the closing days of the 2015 session, Republicans fulfilled a high-priority item by passing a bill to allow the state board of education to annually elect a chairperson other than the state superintendent, who is currently prescribed by law as the permanent chair. The bill's passage means that the current incumbent, Glenda Ritz (D), will likely lose the chair if re-elected in 2016, after which the new election process takes effect. While the bill was amended from an original plan to immediately change the election process, it contains language that is expected to curtail Ritz's power much sooner.[1] Senate Bill 1 passed last Wednesday by votes of 60-38 and 31-17 in the House and Senate, respectively. Gov. Mike Pence (R) has yet to sign the bill but was at the front of the push to change how the board's chair is chosen; as governor, Pence is currently responsible for appointing the board's 10 other members. Per the bill, the Speaker of the House and the President Pro Tem of the Senate would be given one selection each.[2] Ritz has been at odds with the remainder of the board since narrowly defeating incumbent Tony Bennett (R) in 2012. For instance, she abruptly adjourned a board meeting in November 2013 after objecting to a motion to move a proposal to expand a state education agency created by Pence the same year.[3] Under language added to the bill, a vice chair to be elected by the board has equal powers for setting the agenda; this provision will take effect on July 1. The board may also hire a staff and executive director.[4] Ritz's spokesman, Daniel Altman, said that the language leaves the superintendent as a nominal chair without actual power. The bill's sponsor, Jud McMillin (R), said that allowing Ritz to stay on as chair through 2016 was a compromise that was necessary for the board to communicate with the Indiana Department of Education.[2] Democrats say that the bill is politically motivated and goes against the will of those who elected Ritz.[1]
Sen. Craig Estes (R)
  • Texas: On the same day that the U.S. Supreme Court heard arguments about the constitutionality of gay marriage, the Texas Legislature was in the process of fast-tracking a law that would allow members of the clergy to refuse to marry any couple that infringed upon their religious beliefs.[5][6] The bill, sponsored by State Senator Craig Estes (R), addresses a concern identical to one raised by Justice Antonin Scalia, but the bill's sponsor claims the timing is coincidental.[7] Weeks after the deadline for bill filings in the Texas State Senate, Estes filed the bill on April 28, 2015, at the urging of Lt. Gov. Dan Patrick (R). It was scheduled for a public hearing on April 30, 2015—until State Senator Jose Menendez (D) stopped the bill in its tracks with a legislative procedure that provides for at least a 48-hour delay. "When I found out what was in the bill, I thought ‘Wow, this is something that needs – people need time to be heard,'" Menendez told reporters.[8] Menendez questioned whether the bill was even necessary, noting that he had never heard of a member of the clergy being forced to marry someone that he or she did not want to marry in the 170-year history of Texas.[8] State Rep. Trey Martinez Fischer (D) also expressed concern about the manner by which the bill was being introduced, telling reporters, "It’s like equivalent of giving the legislative middle finger."[9] Similar measures have caused controversy in Indiana and Arkansas, but the Texas bill caused less controversy, with "firebrand tea party leader" Lt. Gov. Patrick putting his weight behind the measure.[9] The bill's sponsor, Estes, says the bill will likely be heard in committee on Monday, May 4, 2015.[8]
Former state Rep. Susan Fagan (R)
  • Washington: Susan Fagan (R) resigned from the Washington House of Representatives on May 1 after an ethics investigation discovered that she falsified her reimbursement forms.[10] The complaint that kick-started the investigation alleged that Fagan made up events and meetings in order to be reimbursed for the cost of driving to them.[11] The complaint, which was released on April 29, says that last year two legislative assistants presented evidence to House Chief Clerk Barbara Baker on the discrepancies in Fagan's expense reports. The discrepancies were then brought to the attention of House Speaker Frank Chopp and House GOP leader Dan Kristiansen last November.[12] After Fagan was confronted with the allegations in December 2014, which she denied, the matter was turned over to the Legislative Ethics Board.[10] The state's Legislative Ethics Board launched an investigation on January 6, 2015, to determine the accuracy of the complaint.[11] According to Baker, a preliminary report by the ethics board determined that Fagan knowingly falsified travel reimbursement forms. However, the Legislative Ethics Board has yet to take formal action.[10] On April 24, 2015, House Republican leaders met with Fagan and asked for her resignation. Fagan agreed to resign and to pay back any remaining funds due back to the state.[13] Speaker Chopp said about Fagan's actions, "I’m disappointed by the actions of Rep. Fagan. It’s become clear that discrepancies in her reimbursement forms are more than just clerical errors."[13] In an emailed statement to The Spokesman Review, Fagan said, "At no point did I try to derive personal gain from expense reimbursements."[14] Her replacement will now be chosen by Republican precinct officers and Republican county commissioners in her district.[10]

Partisan breakdown

As of today, May 4, 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 4,115 55.7%
Independent (and nonpartisan) state legislators 69 0.93%
Third party legislators 7 0.094%
Vacancies 20 0.27%

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 May 4, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 30 out of 50 state legislatures are meeting in regular session. Eighteen states have adjourned their 2015 legislative sessions. Washington began a special session on April 29 and Alaska began a special session on April 28.

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

In recess

As of today, May 4, there are no state legislatures 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 are two special elections scheduled this week in New York and Rhode Island.

New York State Assembly District 43

See also: New York state legislative special elections, 2015

Diana Richardson (Working Families and Green Parties) defeated Menachem Raitport (Republican and Conservative Parties), Shirley Patterson (Independent Party) and Geoffrey Davis (Love Yourself Party) in the special election on May 5.[24][25]

The seat was vacant following Karim Camara's (D) resignation to join the Cuomo administration as executive director of the Office of Faith-Based Community Development Services.[26]

A special election for the position of New York State Assembly District 43 was called for May 5. Candidates were nominated by parties rather than chosen in primaries.[27]

New York State Assembly, District 43, Special Election, 2015
Party Candidate Vote % Votes
     Working Families Green check mark transparent.pngDiana Richardson 49.6% 4,284
     Independent Shirley Patterson 25% 2,160
     Republican Menachem Raitport 15.9% 1,370
     Conservative Menachem Raitport 5.2% 448
     Love Yourself Geoffrey Davis 3.9% 333
     Other Blank 0.4% 31
     Other Scattering 0.2% 17
     Other Void 0% 0
Total Votes 8,643
May 5 Special election candidates:
Republican PartyDarkred.png Menachem Raitport (Republican and Conservative Parties)
Independence Party of America Shirley Patterson
Working Families PartyGreen Party Diane Richardson
Grey.png Geoffrey Davis (Love Yourself Party)

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.[28] 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.[29][30]

The seat was vacant following Donald Lally Jr.'s (D) retirement on March 17, 2015.[31]

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.[32][31]

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 9 Special election candidates:
Grey.png C. Elizabeth Candas
Grey.png James L. McKnight, Jr.
Republican Party Robert Trager

Recent election results

April 28, 2015

☑ New Hampshire House of Representatives District Rockingham 13

See also: New Hampshire state legislative special elections, 2015

Dennis Green (R) defeated Carol Croteau (D) in the special election on April 28.[33][34]

The seat was vacant following Ann M. Howe's (R) resignation on February 5, 2015, citing increased demands in her personal and professional life.[35]

A special election for the position of New Hampshire House of Representatives District Rockingham 13 was called for April 28.[33]

New Hampshire House of Representatives, Rockingham 13, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngDennis Green 60% 715
     Democratic Carol Croteau 40% 477
Total Votes 1,192

April 28 Special election candidates:

Democratic Party Carol Croteau
Republican Party Dennis Green Green check mark transparent.png

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. ↑ 1.0 1.1 Associated Press, "Lawmakers approve budget, education authority changes," April 30, 2015
  2. ↑ 2.0 2.1 Chalkbeat Indiana, "Legislature shifts more Ritz powers to state board than expected," April 29, 2015
  3. ↑ Chalkbeat Indiana, "Board tension explodes as Ritz walks out on meeting," November 13, 2013
  4. ↑ The Times, "State school board changes tilt power to Pence," April 29, 2015
  5. ↑ Lauren McGaughy, Houston Chronicle, "Senator delays Texas 'religious freedom' bill amid controversy," April 30, 2015
  6. ↑ Lauren McGaughy, Houston Chronicle, "At Patrick's urging, Senate fast-tracks 'religious freedom' bill," April 29, 2015
  7. ↑ Paul J. Weber, Associated Press, Star Telegram, "Republicans pushing for passage of Texas ‘religious freedom’ bill," April 30, 2015
  8. ↑ 8.0 8.1 8.2 Karina Kling, Time Warner Cable News: Austin, "Democrat Derails ‘Religious Freedom’ Bill from Fast-Track," May 1, 2015
  9. ↑ 9.0 9.1 Paul J. Weber, Associated Press, LGBTQ Nation, "Texas lawmakers push anti‑gay religious freedom bill on heels of Supreme Court hearing," April 30, 2015
  10. ↑ 10.0 10.1 10.2 10.3 seattlepi.com, "Rep. Fagan resigns: ‘Knowingly falsified’ reimbursement forms," accessed April 30, 2015
  11. ↑ 11.0 11.1 Crosscut.com, "Rep. Susan Fagan resigns," accessed April 30, 2015
  12. ↑ nwnewsnetwork.org, "Washington State Rep. Fagan To Resign Over Ethics Allegations," accessed April 30, 2015
  13. ↑ 13.0 13.1 q13fox.com, "Washington lawmaker accused of misuse of state funds plans to resign, officials say," accessed April 30, 2015
  14. ↑ The Spokesman Review, "Fagan Resignation Statement," accessed April 30, 2015
  15. ↑ Stateside Associates, "Session Calendar 2015," accessed March 16, 2015
  16. ↑ StateNet, "Daily Session Summary," accessed May 4, 2015
  17. ↑ StateNet, "Daily Session Summary," accessed May 4, 2015
  18. ↑ Regular session adjourned
  19. ↑ Regular session adjourned
  20. ↑ 20.0 20.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  21. ↑ 21.0 21.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  22. ↑ 22.0 22.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  23. ↑ 23.0 23.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  24. ↑ New York Observer, "Bizarre Paperwork Error Will Mean No Democratic Nominee in Brooklyn Assembly Race," March 3, 2015
  25. ↑ New York Board of Elections, "Results for special election - 43rd Assembly District," accessed June 23, 2015
  26. ↑ observer.com, "Brooklyn Assemblyman Will Join the Cuomo Administration," accessed February 20, 2015
  27. ↑ Time Warner Cable News 1, "Cuomo Sets Date for NYC Special Elections," February 20, 2015
  28. ↑ Rhode Island Board of Elections, "Special primary election results - District 33," accessed June 23, 2015
  29. ↑ RI.gov, "Secretary Gorbea announces six candidates qualify to run for vacant House District 33 seat," accessed April 16, 2015
  30. ↑ Rhode Island Board of Elections, "Special election results - District 33," accessed June 23, 2015
  31. ↑ 31.0 31.1 WPRO, "Special election to be held for new state representative," March 19, 2015
  32. ↑ RI.gov, "Declaration Period for House District 33 Special Election is this Thursday and Friday," accessed April 7, 2015
  33. ↑ 33.0 33.1 New Hampshire Secretary of State, "Official candidate list," accessed March 20, 2015
  34. ↑ New Hampshire Secretary of State, "Special election results," accessed April 29, 2015
  35. ↑ tritowntimes.net, "Selectmen Begin Process to Fill State Representative Vacancy," accessed March 19, 2015
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