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State Legislative Tracker: Two state senators arrested

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May 11, 2015

Edited by Jackie Beran
This week’s tracker includes a look at a veto override in Kansas, the arrest of the senate majority leader in New York for corruption and the arrest of a senator in Vermont for sexual assault.

Weekly highlight

Gov. Sam Brownback (R)
  • Kansas: Last Tuesday, the popular ride-sharing service Uber ceased all operations in Kansas while the state legislature was proceeding to override a veto of a bill placing new regulations on transportation network companies. The state senate voted 34-5 to override Republican Gov. Sam Brownback's veto of SB 117, which mandates comprehensive and collision insurance for hired cars as well as state-conducted background checks for drivers of these vehicles. Uber then issued a statement announcing it had pulled out of the state, with spokeswoman Lauren Altmin expressing "[sadness] by the loss of hundreds of jobs, safe rides and transportation choice for consumers in Kansas."[1] Uber is one of several companies using smartphone applications to connect customers with nearby drivers for hire. Rep. Steve Anthimides (R) told The Wichita Eagle that he checked Uber's app prior to the vote and found that it had stopped taking customers in the state.[1] Customers were shown a popup message with the heading, "Kansas Just Shut Down Uber."[2] The state house then voted 96-25, completing the override. In a statement, Brownback said, "...Kansas should be known as a state that welcomes and embraces innovation and the economic growth that comes with it. Over-regulation of businesses discourages investment and harms the open and free marketplace." Senate President Susan Wagle (R), who said she was a frequent Uber rider, called the withdrawal "pure political theatre."[1] Rep. Scott Schwab (R), a sponsor of the bill, said that it was not only about Uber, but "the next player that comes in to do a transportation network and doesn’t do a background check and then all of a sudden we’ve got a couple of 21-year-old girls that were hoping to get a safe ride home and that just went missing."[3] While Uber previously faced legal trouble at local and state levels, a post on the Uber blog claims that Kansas is "the first and only state in the nation that forced Uber out with unbalanced, backward regulations." Later in the post, Uber vowed to find "a permanent home... in Kansas even after this challenge."[4]
Sen. Dean Skelos (R)
  • New York: On May 4, 2015, Senate Majority Leader Dean Skelos (R) and his son, Adam Skelos, were arrested and charged with corruption by U.S. Attorney Preet Bharara.[5] The six-count criminal complaint charged the senator and his son with three counts of extortion, two counts of soliciting bribes and one count of conspiracy.[6] The complaint accuses Senator Skelos of using his position in the state senate to benefit AbTech, an environmental technology company, and the real estate developer Glenwood Management.[5] While neither company was named in the complaint, Senator Skelos agreed to help both companies in exchange for payment.[5] According to the complaint, AbTech made payments to Adam Skelos over the course of several years. While Sen. Skelos was using his political influence to help AbTech Industries win a $12 million storm-water treatment contract in his home district, Adam Skelos told a witness that if his compensation was not increased, they would block the contract.[5] AbTech was awarded the contract in 2013, and Adam Skelos' monthly compensation was raised from $4,000 to $10,000.[5] In total, Adam Skelos was paid almost $220,000 to influence his father's actions.[5] The investigation relied heavily on witnesses from the real estate company and from AbTech, but also on wiretaps of Adam Skelos.[6] After Sen. Skelos was charged, he said, "I am innocent of the charges leveled against me. I am not saying I am just not guilty, I am saying that I am innocent. I fully expect to be exonerated by a public jury trial."[5] Skelos has also stated that he has no plans to resign from the state senate or from his leadership position.[7] On May 7, 2015, 16 senators—15 Republicans and one Democrat—released a statement saying that they "strongly believe" that Skelos should keep his leadership position.[7] Kathleen Marchione (R) has urged Sen. Skelos to give up his position. Marchione said on the issue, "I feel strongly that everyone is entitled to the presumption of innocence and should not be tried in the media. However, my calling for Senator Skelos to step down was necessary because it had become clear that he cannot effectively lead our conference."[7] On May 10, 2015, Newsday reported that Sen. Skelos was expected to step down from his leadership position on May 11.[8]
Outside of his job with the state senate, Skelos has served as "of counsel" at the law firm of Ruskin Moscou Faltischek P.C. since 1994.[9] After his arrest, the law firm announced that Skelos was taking a leave of absence from the firm.[7] According to state records, Skelos has earned between $150,000 and $250,000 in recent years from the law firm, but public court records show that he has never appeared as an attorney for a client in state or federal court.[9] The news of Skelos' arrest came less than three months after former Assembly Speaker Sheldon Silver (D) was arrested on federal corruption charges.[10]
Sen. Norman McAllister (R)
  • Vermont: Sen. Norman McAllister (R) pleaded not guilty on May 8 to charges of three felony counts of sexual assault and three misdemeanors of prohibited acts. According to police, the charges stem from what is being described as a sex-for-rent scheme the lawmaker orchestrated. McAllister is accused of sexually assaulting two women over the course of several years while both were his tenants and employees. The prosecution allege that he attempted to solicit a third woman, who declined and called the police last week. Her call set off the fast-moving investigation that ultimately led to McAllister's arrest.[11] Included in the court records of McAllister's arraignment is a transcript of a call between the lawmaker and a female tenant, in which McAllister tells the woman about extra money she could earn if she went to farms and had sex with farm workers. During the call, he tells the woman who rents property from him that he would take 50 percent of the money she earned from the prostitution to help pay her overdue rent. One of the lawmaker's employees on his dairy farm told investigators that while being taught to drive a tractor, her teacher—another employee of McAllister's—was injured. McAllister told the farm worker that her punishment for being responsible for the injury was for him to perform a sexual act on her.[12] McAllister was silent during his arraignment, but his attorney disputed the events, stating the lawmaker had a different story about what happened. The lawmaker was released on a $20,000 bail.[13]

Sessions

Regular sessions

Current sessions capture for the week of May 11, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 27 out of 50 state legislatures are meeting in regular session. Two states are in recess and 20 states have adjourned their 2015 legislative sessions. Alaska and Nebraska are in recess until May 12. 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:[14]

In recess

As of today, May 11, there are two state legislatures currently in recess.[15]

Adjourned

The following states have adjourned their 2015 regular sessions:[16]

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 no special elections scheduled this week.

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.[23][24]

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.[25]

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.[26]

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.[27] 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.[28][29]

The seat was vacant following Donald Lally Jr.'s (D) retirement on March 17, 2015.[30]

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.[31][30]

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. ↑ 1.0 1.1 1.2 The Wichita Eagle, "Uber to pull out of Kansas after Legislature overrides Brownback’s veto," May 5, 2015
  2. ↑ Associated Press, "Uber no longer operating in Kansas following veto override," May 5, 2015
  3. ↑ The Consumerist, "Uber Halts Operations In Kansas After Legislature Votes To Mandate Background Checks, Insurance Coverage," May 6, 2015
  4. ↑ Uber, "Leaving Kansas," May 5, 2015
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 NY Times, "Dean Skelos, New York Senate Leader, and Son Are Arrested on Corruption Charges," accessed May 4, 2015
  6. ↑ 6.0 6.1 Newsday, "Senate Majority Leader Dean Skelos and son Adam Skelos face federal corruption charges, feds say," accessed May 4, 2015
  7. ↑ 7.0 7.1 7.2 7.3 NY Times, "Dean Skelos, Albany Senate Leader, Takes Leave of Absence From Law Firm," accessed May 8, 2015
  8. ↑ Newsday, "Dean Skelos likely to be out as State Senate majority leader Monday, say GOP sources," accessed May 11, 2015
  9. ↑ 9.0 9.1 Wall Street Journal, "N.Y. State Senate Leader Dean Skelos Under Investigation," accessed April 16, 2015
  10. ↑ nbcnewyork.com, "NY Senate Leader Dean Skelos, Son Focus of Federal Corruption Probe: Report," accessed April 16, 2015
  11. ↑ Paris Achen, Zach Despart and Adam Silverman, USA Today, "Vermont lawmaker accused in sex-for-rent scheme," May 8, 2015
  12. ↑ Daily Mail, "Vermont Republican senator, 63, 'solicited sex from women in exchange for overdue rent'," May 7, 2015
  13. ↑ NECN, "Vermont State Senator Pleads Not Guilty to Sex Charges," May 8, 2015
  14. ↑ Stateside Associates, "Session Calendar 2015," accessed May 11, 2015
  15. ↑ StateNet, "Daily Session Summary," accessed May 11, 2015
  16. ↑ StateNet, "Daily Session Summary," accessed May 11, 2015
  17. ↑ Regular session adjourned
  18. ↑ Regular session adjourned
  19. ↑ 19.0 19.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  20. ↑ 20.0 20.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  21. ↑ 21.0 21.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  22. ↑ 22.0 22.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  23. ↑ New York Observer, "Bizarre Paperwork Error Will Mean No Democratic Nominee in Brooklyn Assembly Race," March 3, 2015
  24. ↑ New York Board of Elections, "Results for special election - 43rd Assembly District," accessed June 23, 2015
  25. ↑ observer.com, "Brooklyn Assemblyman Will Join the Cuomo Administration," accessed February 20, 2015
  26. ↑ Time Warner Cable News 1, "Cuomo Sets Date for NYC Special Elections," February 20, 2015
  27. ↑ Rhode Island Board of Elections, "Special primary election results - District 33," accessed June 23, 2015
  28. ↑ RI.gov, "Secretary Gorbea announces six candidates qualify to run for vacant House District 33 seat," accessed April 16, 2015
  29. ↑ Rhode Island Board of Elections, "Special election results - District 33," accessed June 23, 2015
  30. ↑ 30.0 30.1 WPRO, "Special election to be held for new state representative," March 19, 2015
  31. ↑ RI.gov, "Declaration Period for House District 33 Special Election is this Thursday and Friday," accessed April 7, 2015
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