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State Legislative Tracker: Three scandals lead to embarrassment for constituents

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May 18, 2015

Edited by Jackie Beran
This week’s tracker includes a look at a resignation in Missouri, the arrest of a state senator in Michigan and a controversial photo of a former delegate and current candidate in Virginia.

Weekly highlight

Fmr. State Rep. John Diehl (R)
  • Missouri: On May 14, 2015, House Speaker John Diehl (R) resigned from the Missouri House of Representatives.[1] Diehl announced his resignation one day after the Kansas City Star reported that he exchanged text messages with an intern that were of a sexual nature.[2] The article included screenshots of the text messages.[2] The text messages ranged from normal, everyday texts about meetings and speeches to texts that took on a more sexual tone.[2] Hours after the article was released, Diehl admitted to the relationship with the college freshman, but declared that he would not be resigning.[3] By Thursday afternoon, Diehl changed his mind and decided to resign. He made the following statement when he resigned: "I have acknowledged making a serious error in judgment by sending the text messages. It was wrong and I am truly sorry. Too often, we hear leaders say they’re sorry but are unwilling to accept the consequences. … I am willing to face the consequences."[4] On the last day of the legislative session, Republicans picked Todd Richardson (R) as the new House Speaker.[4]
State Sen. Virgil Smith (D)
  • Michigan: The future of a state senator remains in the balance after his arraignment last week on felony charges and subsequent removal from his committee assignments and leadership duties. Virgil Smith (D), the District 4 incumbent from Detroit, did not appear at the State Capitol last Tuesday when the Senate returned to work; he was arrested the previous Sunday after an early-morning incident in which he allegedly shot at his ex-wife's Mercedes Benz at least 10 times.[5] Anistia Thomas, who was married to Smith less than two months in 2009 before he filed for divorce, entered Smith's house to find another woman present.[6][7] Smith and Thomas then started to argue; according to the report acquired by The Detroit News, Smith "shoved her face first into the carpet" and punched her in the face four or five times. He then chased Thomas out of the house, ultimately shooting her vehicle with a rifle. Apart from reported swelling, Thomas was not injured in the dispute.[7] Wayne County Prosecutor Kym Worthy charged Smith with felonious assault, malicious destruction of personal property, domestic violence, assault and battery, and using a firearm in the process of committing a felony. Smith was released after a "not guilty" plea was entered and he posted the necessary 10 percent of his $25,000 bond.[8] Minority Leader Jim Ananich (D) then removed Smith from his position as Assistant Minority Whip and from five committees, two of which he served on as minority vice chair. Ananich said Thursday that resignation was "something [Smith] should consider."[9] According to the Detroit Free Press, Smith told investigators that shooting at the vehicle was the "stupidest thing he had done in his life" and that he fired the shots when Thomas threw a chair at his window. Smith's previous criminal record includes two drunk-driving convictions while in the legislature as well as two previous convictions related to shoplifting. If Smith is convicted of felony charges, he would not be removed from office automatically, as state law only provides for the expulsion of those convicted of felonies related to "dishonesty, deceit, fraud or a breach of the public trust." Smith's peers may opt to expel him, but only one state senator has been removed in this way, when David Jaye (R) was expelled in 2001.[10]
Fmr. Delegate Joseph Morrissey (I)
  • Virginia: Former Virginia Delegate and current Virginia State Senate candidate Joseph Morrissey raised eyebrows last week when he handed a photo to a reporter of himself, the teenage secretary with which he was accused of having a sexual affair, and her baby.[11] The reporter, Joe St. George with WTVR CBS 6 in Richmond, uploaded the photo to Twitter, eliciting confused questions from followers as to whether it was an admission of paternity by Morrissey, who had previously denied having an affair and impregnating the staffer. The reporter responded on Twitter that Morrissey had simply handed him the photo and said, "see you later." The photo features the three dressed in period costumes. The reverse of the photo, which was also posted to Twitter, contained a note that read, "To: Channe [sic] 6 From Myrna and Joe," with additional text scribbled out.[12]
The mother, now 19, gave birth to the child in mid-March, shortly after the former delegate completed a jail stint following an Alford plea to charges of contributing to the delinquency of a minor. She also appeared with Morrissey when he announced he planned to challenge Roz Dance in the Democratic primary for District 16 of the Virginia State Senate.[12][13] Morrissey failed to qualify for the Democratic primary ballot due to insufficient valid signatures and so will run for the Senate as an independent.[14]

Sessions

Regular sessions

Current sessions capture for the week of May 18, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 24 out of 50 state legislatures are meeting in regular session. Two states are in recess and 21 states have adjourned their 2015 legislative sessions. Washington began a special session on April 29, Alaska began a special session on April 28 and Idaho had a one-day special session on May 18.

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

In recess

As of today, May 18, there are two state legislatures currently in recess.[16]

Adjourned

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

Special sessions

  • April 24, 2015:[18] Washington; special session began 4/29
  • April 27, 2015:[19] Alaska; special session began 4/28
  • April 11, 2015:[20] Idaho; one-day special session ended on 5/18.

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

SLP badge.png
See also: State legislative special elections, 2015

There are three special elections scheduled this week.

California State Senate District 7

See also: California state legislative special elections, 2015

Susan Bonilla (D) and Steve Glazer (D) advanced past Joan Buchanan (D) and Terry Kremin (D) in the primary election on March 17.[25][26] Glazer defeated Bonilla in the special election on May 19.[27] Michaela M. Hertle (R) withdrew from the race shortly after the official candidate list came out.[28]

The seat was vacant following Mark DeSaulnier's (D) election to Congress.[29]

A special election for the position of California State Senate District 7 was called for May 19. A primary election took place on March 17, 2015. The filing deadline for candidates wishing to run in this election was January 23, 2015.[30]

California State Senate, District 7, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngSteve Glazer 54.5% 68,996
     Democratic Susan Bonilla 45.5% 57,491
Total Votes 126,487

March 17 Primary election candidates:

Democratic Party Susan Bonilla Approveda
Democratic Party Joan Buchanan
Democratic Party Steve Glazer Approveda
Democratic Party Terry Kremin

Note: Michaela M. Hertle (R) filed to run but withdrew from the election shortly after the official candidate list was released.[28]

May 19 Special election candidates:

Democratic Party Susan Bonilla
Democratic Party Steve Glazer

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.[31] Dean-Bailey defeated Mann in the special election on May 19.[32]

The seat was vacant following Brian F. Dobson's (R) resignation to become veteran liaison for U.S. Rep. Frank Guinta (R).[33]

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.[34]

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

Pennsylvania State Senate District 5

See also: Pennsylvania state legislative special elections, 2015

John Sabatina Jr. (D) defeated Tim Dailey (R) in the special election on May 19.[35][36]

The seat was vacant following Mike Stack's (D) resignation after he was sworn in as Pennsylvania's new lieutenant governor.[37]

A special election for the position of Pennsylvania State Senate District 5 was called for May 19. Candidates were nominated by parties rather than chosen in primaries.[35]

Pennsylvania State Senate, District 5, Special Election, 2015
Party Candidate Vote % Votes
     Democratic Green check mark transparent.pngJohn Sabatina Jr. 75.5% 15,029
     Republican Tim Dailey 24.5% 4,876
Total Votes 19,905

May 19 Special election candidates:

Democratic Party John Sabatina, Jr.
Republican Party Timothy Dailey

Recent election results

May 5, 2015

☑ 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.[38][39]

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.[40]

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.[41]

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.pngMenachem Raitport (Republican and Conservative Parties)
Independence Party of America Shirley Patterson
Working Families PartyGreen Party Diane Richardson Green check mark transparent.png
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.[42] 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.[43][44]

The seat was vacant following Donald Lally Jr.'s (D) retirement on March 17, 2015.[45]

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.[46][45]

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:
Democratic Party Carol McEntee
Republican Party Robert Trager
Grey.png C. Elizabeth Candas
Grey.png James L. McKnight, Jr.

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. ↑ Washington Post, "The speaker of the Missouri House just resigned after sexting with an intern. Here’s what you need to know.," accessed May 15, 2015
  2. ↑ 2.0 2.1 2.2 Kansas City Star, "Missouri House Speaker John Diehl admits sexually charged relationship with intern," accessed May 15, 2015
  3. ↑ Yahoo.com, "Missouri House speaker resigning after intern text messages," accessed May 15, 2015
  4. ↑ 4.0 4.1 Kansas City Star, " Missouri House Speaker John Diehl resigns over intern texts; Todd Richardson replaces him," accessed May 15, 2015
  5. ↑ MLive, "Sen. Virgil Smith's political future remains uncertain, but looks grim in light of felony charges," May 17, 2015
  6. ↑ Detroit Free Press, "Senator's marriage to ex, whose car he shot, was brief," May 12, 2015
  7. ↑ 7.0 7.1 The Detroit News, "Cop report: Naked Smith fought ex-wife before shooting," May 11, 2015
  8. ↑ The Huffington Post, "Michigan Lawmaker Accused Of Assaulting Ex-Wife, Shooting At Her Car," May 12, 2015
  9. ↑ MLive, "Michigan Political Points: Meekhof thinks he can change Snyder's mind on prevailing wage repeal," May 16, 2015
  10. ↑ Detroit Free Press, "Sen. Smith said firing shots stupidest thing in his life," May 11, 2015
  11. ↑ Anna Merlan, Jezebel, "Pol Who Denied Affair with Teenage Staffer Hands Reporter a Baby Photo," May 15, 2015
  12. ↑ 12.0 12.1 Joe St. George and Scott Wise, WTVR CBS 6, "Joe Morrissey’s old timey photo raises questions months after baby’s birth," May 14, 2015
  13. ↑ Rachel Weiner, The Washington Post, "Joe Morrissey announces Virginia state Senate campaign," March 25, 2015
  14. ↑ The Washington Post, "Morrissey to seek Va. Senate seat as an independent," April 14, 2015
  15. ↑ Stateside Associates, "Session Calendar 2015," accessed May 18, 2015
  16. ↑ StateNet, "Daily Session Summary," accessed May 18, 2015
  17. ↑ StateNet, "Daily Session Summary," accessed May 18, 2015
  18. ↑ Regular session adjourned
  19. ↑ Regular session adjourned
  20. ↑ Regular session adjourned
  21. ↑ 21.0 21.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  22. ↑ 22.0 22.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  23. ↑ 23.0 23.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  24. ↑ 24.0 24.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  25. ↑ California Secretary of State, "Official candidate list," accessed January 28, 2015
  26. ↑ The Sacramento Bee, "Democrats Steve Glazer, Susan Bonilla proceed to Senate runoff," March 17, 2015
  27. ↑ California Secretary of State, "Special General Election, May 19, 2015," accessed June 8, 2015
  28. ↑ 28.0 28.1 Vallejo Times-Herald, "Lone Republican quits East Bay state Senate election," February 2, 2015
  29. ↑ Los Angeles Times, "Gov. Brown calls special election for three vacant state Senate seats," January 13, 2015
  30. ↑ California Secretary of State, "Special election calendar," accessed January 14, 2015
  31. ↑ New Hampshire Secretary of State, "Official candidate list," accessed February 11, 2015
  32. ↑ New Hampshire Secretary of State, "2015 - 2016 Special Elections," accessed May 20, 2015
  33. ↑ forumhome.org, "State Representative Resigns," January 8, 2015
  34. ↑ New Hampshire Union Leader, "Student, 19, running for state rep seat," February 2, 2015
  35. ↑ 35.0 35.1 philadelphiavotes.com, "2015 Primary Election Candidates," accessed April 8, 2015
  36. ↑ Pennsylvania Department of State, "Results of for Special Election - 5th Senatorial District," accessed June 23, 2015
  37. ↑ Philly.com, "Stack to resign Senate seat on inauguration day," January 8, 2015
  38. ↑ New York Observer, "Bizarre Paperwork Error Will Mean No Democratic Nominee in Brooklyn Assembly Race," March 3, 2015
  39. ↑ New York Board of Elections, "Results for special election - 43rd Assembly District," accessed June 23, 2015
  40. ↑ observer.com, "Brooklyn Assemblyman Will Join the Cuomo Administration," accessed February 20, 2015
  41. ↑ Time Warner Cable News 1, "Cuomo Sets Date for NYC Special Elections," February 20, 2015
  42. ↑ Rhode Island Board of Elections, "Special primary election results - District 33," accessed June 23, 2015
  43. ↑ RI.gov, "Secretary Gorbea announces six candidates qualify to run for vacant House District 33 seat," accessed April 16, 2015
  44. ↑ Rhode Island Board of Elections, "Special election results - District 33," accessed June 23, 2015
  45. ↑ 45.0 45.1 WPRO, "Special election to be held for new state representative," March 19, 2015
  46. ↑ RI.gov, "Declaration Period for House District 33 Special Election is this Thursday and Friday," accessed April 7, 2015
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