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State Legislative Tracker: U.S. Supreme Court declares Alabama redistricting plan as racial gerrymandering

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March 30, 2015

Edited by Jackie Beran
This week’s tracker includes a look at a U.S. Supreme Court decision that sent Alabama's redistricting plan back to the lower courts, a controversial new religious freedom law in Indiana and an ousted New York speaker that still may be calling the shots in the New York State Assembly.

Weekly highlight

  • Alabama: State legislative elections may need to be redone in Alabama after the U.S. Supreme Court overturned a district court's upholding of legislative maps made after the 2010 census. In a 5-4 decision handed down last Wednesday, the high court did not make a judgment on the maps' constitutionality, but ordered the lower court to once again take up claims of racial gerrymandering, this time under a different legal standard. The case was brought by Democrats and black legislators, who say that in the redistricting process, black voters were unnecessarily drawn into a handful of pre-existing majority-black districts.[1] Republicans, who control the legislature, say that the maps are in compliance with the Voting Rights Act.[2] While the court did not say that the maps are unconstitutional, the majority declared that the lower court was "legally erroneous" in upholding them. The decision effectively bucked a long-running legal standard rising from the VRA's compulsion of numerous states to draw "majority-minority" districts in order for racial minorities to elect representatives from amongst themselves. In the majority's opinion, Justice Stephen Breyer said that the VRA's Section 5, currently without effect following a 2013 decision that struck down a related section, does not require states to maintain percentages of population, and that a redistricting plan is satisfactory "if minority voters retain the ability to elect their preferred candidates." Justices Antonin Scalia and Clarence Thomas delivered separate dissents. Scalia deemed the decision "a sweeping holding that will have profound implications for the constitutional ideal of one person, one vote." Thomas, the court's lone black justice, called the case "nothing more than a fight over the 'best' racial quota."[3] The case is seen as having potential effects outside of Alabama. Justin Levitt, a professor at Loyola Law School known for his expertise in redistricting, told Politico, "[the case is] about how officials consider race. Other states have very similar philosophies as Alabama. The court today said, 'Guess what? They're wrong.'" The maps, which were approved in May 2012 and cleared by the Justice Department that October, were first used in last November's elections. Luther Strange, the state Attorney General, said that the maps would remain in effect for the time being. The last time legislative elections were rerun in Alabama was in 1983.[4]
Gov. Mike Pence (R)
  • Indiana: On March 26, 2015, Gov. Mike Pence (R) signed into law Senate Bill 101, better known as the Religious Freedom Restoration Act.[5] This law could allow businesses to deny services to same-sex couples on religious grounds.[5] It was passed by the State Senate last month and passed the Republican controlled House on March 23 by a vote of 63 to 31.[6] Five Republicans voted with the Democrats against the measure.[6] Pence said in a statement after signing the bill that, "[t]he Constitution of the United States and the Indiana Constitution both provide strong recognition of the freedom of religion but today, many people of faith feel their religious liberty is under attack by government action."[7] Supporters of the law say that it is not laid out to discriminate against the LGBT community but to protect catering and photography businesses from activities they find objectionable on religious grounds.[8] These services include providing services for same-sex weddings or other activities that businesses were compelled to perform by the government. Same-sex marriage was made legal last year in Indiana following an appeals court ruling.[8] Gov. Pence insists that the law will not discriminate against gays and said, "[i]f I thought it legalized discrimination in any way in Indiana, I would have vetoed it."[7] Opponents of the law argue that it will allow for legal discrimination against gays.[5] Minority Leader Scott Pelath (D-9) said on the laws passing that, "It basically says to a group of people you're second rate, you don't matter, and if you walk into my store, I don't have to serve you."[6] In response to the new law, at least two groups — the Christian Church (Disciples of Christ) and Gen Con — have said that they would reconsider holding future conventions in Indiana.[7] Another organization concerned by the new law is the National Collegiate Athletic Association (NCAA), which is based in Indianapolis and is hosting the Final Four this week.[9] NCAA President Mark Emmert said on the law that, "Moving forward, we intend to closely examine the implications of this bill and how it might affect future events as well as our workforce."[9] Some Indiana businesses have expressed concern that the new law will make it harder to attract employees and customers.[10] Indiana may be the first state this year to enact legislation such as Senate Bill 101, but eighteen other states are considering similar legislation.[9] With the addition of Indiana, twenty states have now adopted religious freedom laws.[6] The notable difference between the law in Indiana and the religious freedom laws in other states is that the law in Indiana does not specifically protect rights based on sexual orientation. The law will take effect on July 1.[11]
Assemblyman Sheldon Silver (D)
  • New York: Indicted former New York Assembly Speaker Sheldon Silver may have stepped down on February 2, 2015, from his leadership position, but New York Governor Andrew Cuomo believes he is still calling the shots behind the scenes. Cuomo voiced the opinion to his political backers during a closed-door breakfast with his campaign finance committee. According to the Daily News, Cuomo was expressing his frustration at the lack of changes to occur since Silver left the Speakership amid corruption allegations, and Carl Heastie assumed the leadership position.[12] Cuomo theorized to his supporters that since Heastie failed to replace the majority of Silver's original team, the former Speaker's agenda was still being pushed through. The New York Assembly members' responses have largely been dismissive, either outright disputing the notion that Silver is still calling the shots, or applauding Heastie's leadership thus far.[13] On Wednesday, March 25, 2015, however, the responses to Cuomo's alleged remarks shifted from dismissal to demands for an apology from Cuomo. In their call for an apology, the Black, Puerto Rican and Hispanic caucus of the state Legislature said that the alleged remarks "show a 'disturbing' lack of respect for new speaker Carl Heastie, the first black lawmaker to lead the chamber, and the Assembly Democrats as a whole."[14] The caucus called for either a denial of the remarks from Cuomo, or an apology. Cuomo's spokesperson declined to comment to news outlets about the demand.[14]

Sessions

Regular sessions

Current sessions capture for the week of March 30, 2015
See also: Dates of 2015 state legislative sessions
Click here to see a chart of each state's 2015 session information.

Currently 35 out of 50 state legislatures are meeting in regular session. Louisiana has yet to convene this year. Six states are in recess and eight states have adjourned their 2015 legislative session

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

In recess

As of today, March 30, there are six state legislatures currently in recess.[16]

Adjourned

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

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 re-election in November 2015, and 407 of the country's 5,411 state house seats are up for re-election. Altogether, 538 of the country's 7,383 state legislative seats are up for re-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 three special elections scheduled this week in Massachusetts, New Hampshire and Texas.

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.[22][23]

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).[24][25]

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.[22]

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
Grey.png Joanne T. Pomodoro

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.[26] Dean-Bailey defeated Mann in the special election on May 19.[27]

The seat was vacant following Brian F. Dobson's (R) resignation to become veteran liaison for U.S. Rep. Frank Guinta (R).[28]

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.[29]

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:

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.[30] 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.[31][32][33]

The seat was vacant following José Menéndez's (D) election to the Texas State Senate on February 17, 2015.[34]

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.[35]

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
Democratic Party Ina Minjarez
Democratic Party David L. Rosa

Recent election results

March 28, 2015

☑RunoffArrow.jpg Louisiana House of Representatives District 66

See also: Louisiana state legislative special elections, 2015

A special election for the position of Louisiana House of Representatives District 66 was called for February 21, with a runoff, if necessary, on March 28. The filing deadline for candidates wishing to run in this election was January 9.[36]

Louisiana elections use the Louisiana majority-vote system. All candidates compete in the same primary, and a candidate can win the election outright by receiving more than 50% of the vote. If no candidate does, the top two vote recipients from the primary advance to the general election, regardless of their partisan affiliation.

For information about which offices are nominated via primary election, see this article.

The seat was vacant following Hunter Greene's (R) election as a family court judge.[37]

Buddy Amoroso (R), Richard "Rick" Bond (R), Darrell Ourso (R) and Susan Nelson (Nonpartisan) faced off in the special election on February 21.[38] Because no candidate received more than 50 percent of the vote, the top two vote-getters, Amoroso and Ourso, met in a runoff election on March 28, which Ourso won.[39][40]

Louisiana House of Representatives, District 66, Special Runoff Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngDarrell Ourso 50.9% 1,958
     Republican Buddy Amoroso 49.1% 1,886
Total Votes 3,844
Louisiana House of Representatives, District 66, Special Election, 2015
Party Candidate Vote % Votes
     Republican Green check mark transparent.pngBuddy Amoroso 35.6% 1,512
     Republican Green check mark transparent.pngDarrell Ourso 34.8% 1,477
     Republican Richard "Rick" Bond 18.2% 771
     Nonpartisan Susan Nelson 11.4% 483
Total Votes 4,243
March 28 Runoff election candidates:
Republican Party Buddy Amoroso
Republican Party Darrell Ourso

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. ↑ AL.com, "Will Alabama have to hold new Senate and House elections?" March 25, 2015
  2. ↑ Politico, "High Court reasserts Voting Rights Act in Alabama decision," March 25, 2015
  3. ↑ USA Today, "Court faults redistricting plan that 'packed' black voters," March 25, 2015
  4. ↑ TimesDaily, "High court orders review of state's legislative districts," March 26, 2015
  5. ↑ 5.0 5.1 5.2 Reuters, "Indiana governor signs religious freedom bill that could affect gays," March 26, 2015
  6. ↑ 6.0 6.1 6.2 6.3 indystar.com, "Indiana House OKs controversial religious freedom bill," March 26, 2014
  7. ↑ 7.0 7.1 7.2 CBS Chicago, "New Indiana ‘Religious Liberty’ Law Could Legalize Discrimination Against Gay People, Opponents Say," March 26, 2015
  8. ↑ 8.0 8.1 religionnews.com, "Indiana House passes controversial ‘religious freedom’ bill," March 24, 2015
  9. ↑ 9.0 9.1 9.2 CNN, "NCAA 'concerned' over Indiana law that allows biz to reject gays," March 26, 2015
  10. ↑ kspr.com, "Businesses: Indiana's gay discrimination is bad for all of us," March 27, 2015
  11. ↑ indystar.com, "Gov. Mike Pence signs 'religious freedom' bill in private," March 26, 2015
  12. ↑ Kenneth Lovett, NY Daily News, "Cuomo tells supporters that he thinks indicted ex-Speaker Sheldon Silver is still running Assembly: source," March 20, 2015
  13. ↑ Suzanne Vega, JP Updates, "Cuomo: Silver Still Pulling the Strings in NY Assembly, City Hall," March 20, 2015
  14. ↑ 14.0 14.1 Kenneth Lovett, NY Daily News, "Minority state legislators want Cuomo to apologize for saying Sheldon Silver still runs chamber," March 26, 2015
  15. ↑ Stateside Associates, "Session Calendar 2015," accessed March 16, 2015
  16. ↑ StateNet, "Daily Session Summary," accessed March 30, 2015
  17. ↑ Stateside Associates, "Session Calendar 2015," accessed March 30, 2015
  18. ↑ 18.0 18.1 Mississippi Secretary of State, "2015 Elections," accessed January 2, 2015
  19. ↑ 19.0 19.1 Mississippi Secretary of State, "2015 Election Calendar," accessed January 2, 2015
  20. ↑ 20.0 20.1 New Jersey Department of Elections, "2015 Primary Election Timeline," accessed February 2, 2015
  21. ↑ 21.0 21.1 Virginia State Board of Elections, "2015 November Election Calendar," accessed January 2, 2015
  22. ↑ 22.0 22.1 Boston Globe, "Voters lift Madaro in E. Boston House primary," March 4, 2015
  23. ↑ Secretary of the Commonwealth of Massachusetts, "2015 State Representative Special General Election-1st Suffolk District," April 16, 2015
  24. ↑ WBZ/AP, "Charlie Baker’s Cabinet Nearly Filled," January 8, 2015
  25. ↑ CommonWealth, "DeLeo reelected as Speaker," January 7, 2015
  26. ↑ New Hampshire Secretary of State, "Official candidate list," accessed February 11, 2015
  27. ↑ New Hampshire Secretary of State, "2015 - 2016 Special Elections," accessed May 20, 2015
  28. ↑ forumhome.org, "State Representative Resigns," January 8, 2015
  29. ↑ New Hampshire Union Leader, "Student, 19, running for state rep seat," February 2, 2015
  30. ↑ Texas Secretary of State, "Official candidate list," accessed March 11, 2015
  31. ↑ Texas Secretary of State, "2015 Special Election, House District 124," accessed April 30, 2015
  32. ↑ Texas Secretary of State, "Candidates for State Representative, District 124 Runoff Election," accessed April 13, 2015
  33. ↑ Texas Secretary of State, "Special Runoff Election, House District 124," accessed April 30, 2015
  34. ↑ NewsWest9.com, "Special election March 31 will replace Menendez in House," March 4, 2015
  35. ↑ State of Texas, "Special election proclamation," accessed March 9, 2015
  36. ↑ Louisiana Secretary of State, "Get Election Information," accessed January 27, 2015
  37. ↑ The New Orleans Advocate, "Republican candidates for open House seat participate in GOP forum," January 16, 2015
  38. ↑ Louisiana Secretary of State, "Official candidate list," accessed January 28, 2015
  39. ↑ Louisiana Secretary of State, "Election results," accessed March 18, 2015
  40. ↑ Louisiana Secretary of State, "Official Election Results Results for Election Date: 3/28/2015," April 8, 2015
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