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State Legislative Tracker: Unopposed New York legislator indicted

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October 6, 2014

Edited by Joel Williams
This week’s tracker includes a look at another indictment of a New York legislator. That legislator is unopposed in the 2014 general election.

Weekly highlight

Last week, no state adjourned its legislative session. Here is a brief look at issues making headlines across the country:

  • Arizona: The Supreme Court will hear arguments from the Republican-controlled Arizona legislature against the state's independent redistricting commission as early as next year. Republican legislative leaders argue that putting the drawing of congressional districts in the hands of the commission violates the Elections Clause of the Constitution, which states that "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof".[1][2] Mary O'Grady, attorney for the commission, has argued that the "Legislature" as named in the clause refers to the "lawmaking process of the state," including the ballot initiative. Senate President Andy Biggs (R) dismissed O'Grady's argument, saying that while Arizona "has more direct democracy than most states," the clause is specific in its meaning. A three-member district court panel split in favor of the commission's constitutionality in February. The high court has not yet decided whether to take a separate case involving the drawing of legislative districts, which the commission also has responsibility for. In this matter, the petitioners dispute the alleged grouping together of non-Hispanic Republicans in order to benefit Democrats, but not the commission's jurisdiction; the state constitution calls for as equal representation as possible.[3] The commission was created after voters passed Proposition 106 in 2000, amending the state constitution to allow for it. Supporters argue that the commission is needed to prevent gerrymandering.[4] The court is expected to make a ruling by the end of June 2015.[5] Arizona is currently one of 23 Republican state government trifectas.
  • New York: Assemblyman William Scarborough (D) has become the latest New York politician to be accused of misconduct after he was charged with filing bogus travel expenses and stealing campaign funds on October 1, 2014. Scarborough was charged with 11 federal and two felony counts of grand larceny, in addition to 21 felony counts of filing a false instrument in state court.[6] In federal court, Scarborough is charged with submitting 174 false travel and lodging vouchers to the state for at least $40,000 from 2009 through 2012.[7] According to the federal indictment, Scarborough claimed expenses for traveling to the capital on days where he was not there or stayed for a shorter period of time than what he claimed.[7] In state court, Scarborough is charged with taking more than $38,000 in campaign funds and depositing it into his personal bank account.[8] He is also charged with filing false disclosure statements with the State Board of Elections in order to hide his theft. According to court documents, Scarborough reimbursed $20,655 to his campaign but failed to repay the other $18,000. Scarborough has pleaded not guilty in both courts.[9] Scarborough is the third indicted New York state lawmaker after John L. Sampson (D) and Thomas Libous (R) to run for re-election this year.[6] Scarborough is unopposed in the general election and will be re-elected barring unforeseen circumstances.

Partisan breakdown

As of today, October 6, 2014, the following figures represent the cumulative partisan breakdown of the 50 state senates and 49 state houses. In the 50 states, Republicans currently control 51.7% of all seats while Democrats hold 46.3%. All told, Republicans control 58 chambers while Democrats are the majority in 40 chambers. One chamber is nonpartisan.

Representation in 50 State Legislatures
Party Number of Percentage
Democratic state legislators 3,422 46.3%
Republican state legislators 3,818 51.7%
Independent (and nonpartisan) state legislators 66 0.89%
Third party (and nonvoting) legislators 12 0.16%
Vacancies 65 0.88%

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.

As of October 6, 2014, the breakdown of chamber control by party is as follows:

  • Democratic Party 20 chambers
  • Republican Party 29 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 5,411 state representatives.

As of October 6, 2014, the breakdown of chamber control by party is as follows:

  • Democratic Party 20 chambers
  • Republican Party 29 chambers
See also: Partisan composition of state houses

Sessions

Regular sessions

Current sessions capture for the week of October 6, 2014
See also: Dates of 2014 state legislative sessions
Click here to see a chart of each state's 2014 session information.

Currently 3 out of 50 state legislatures are meeting in regular session. Ohio is meeting in Skeleton Session. A Skeleton Session typically includes very short nonvoting sessions instead of regular sessions with a full chamber. Virginia is meeting in special session.[10]

The following states have adjourned their 2014 regular session:[11]


In recess

As of today, October 6, there is one state legislature currently in recess:[12]

2014 Legislative Elections

See also: State legislative elections, 2014

A total of 87 of the 99 chambers will hold state legislative elections on November 4, 2014.

The 87 chambers with elections in 2014 are in 46 states. They are:

The Kansas, Minnesota, New Mexico and South Carolina senates also typically hold elections in even years. However, senators are elected to 4-year terms in those states and those will not be up for election again until 2016.

1,099 of the country's 1,972 state senate seats are up for re-election in November 2014, and 4,958 of the country's 5,411 state house seats are up for re-election. Altogether, 6,057 of the country's 7,383 state legislative seats are up for re-election on November 4, 2014.

Primary Information

See also: Signature requirements and deadlines for 2014 state legislative elections

The state legislative filing deadlines and primary dates are as follows:

Note: Ballot access is a complicated issue. The dates in the table below are primarily for candidates filing for access to the primary. For more detailed information about each state's qualification requirements -- including all relevant ballot access dates for the primary and general election -- click to our detailed pages in the state column.

2014 State Legislative Primary Information
State Filing Deadline Primary Date Days from Deadline to Primary
Alabama Red padlock.png 2/7/2014 Red padlock.png 6/3/2014 116
Alaska Red padlock.png 6/2/2014[13] Red padlock.png 8/19/2014 78
Arizona Red padlock.png 5/28/2014[14] Red padlock.png 8/26/2014 90
Arkansas Red padlock.png 3/3/2014[15][16] Red padlock.png 5/20/2014 78
California Red padlock.png 3/7/2014[17][18][19] Red padlock.png 6/3/2014 88
Colorado Red padlock.png 3/31/2014[20][21] Red padlock.png 6/24/2014 85
Connecticut Red padlock.png 6/10/2014[22] Red padlock.png 8/12/2014 90
Delaware Red padlock.png 7/8/2014 Red padlock.png 9/9/2014 63
Florida Red padlock.png 6/20/2014[23][24] Red padlock.png 8/26/2014 67
Georgia Red padlock.png 3/7/2014 Red padlock.png 5/20/2014 74
Hawaii Red padlock.png 6/3/2014[25] Red padlock.png 8/9/2014 67
Idaho Red padlock.png 3/14/2014 Red padlock.png 5/20/2014 78
Illinois Red padlock.png 12/2/2013 Red padlock.png 3/18/2014 106
Indiana Red padlock.png 2/7/2014 Red padlock.png 5/6/2014 88
Iowa Red padlock.png 3/14/2014 Red padlock.png 6/3/2014 81
Kansas Red padlock.png 6/2/2014 Red padlock.png 8/5/2014 65
Kentucky Red padlock.png 1/28/2014[26][27] Red padlock.png 5/20/2014 112
Maine Red padlock.png 3/17/2014[28] Red padlock.png 6/10/2014 85
Maryland Red padlock.png 2/25/2014[29] Red padlock.png 6/24/2014 119
Massachusetts Red padlock.png 6/3/2014[30] Red padlock.png 9/9/2014 98
Michigan Red padlock.png 4/22/2014 Red padlock.png 8/5/2014 105
Minnesota Red padlock.png 6/3/2014 Red padlock.png 8/12/2014 70
Missouri Red padlock.png 3/25/2014 Red padlock.png 8/5/2014 133
Montana Red padlock.png 3/10/2014 Red padlock.png 6/3/2014 85
Nebraska Red padlock.png 3/3/2014[31] Red padlock.png 5/13/2014 85
Nevada Red padlock.png 3/14/2014 Red padlock.png 6/10/2014 88
New Hampshire Red padlock.png 6/13/2014 Red padlock.png 9/9/2014 88
New Mexico Red padlock.png 2/4/2014 Red padlock.png 6/3/2014 119
New York Red padlock.png 7/10/2014 Red padlock.png 9/9/2014 61
North Carolina Red padlock.png 2/28/2014 Red padlock.png 5/6/2014 67
North Dakota Red padlock.png 4/7/2014 Red padlock.png 6/10/2014 64
Ohio Red padlock.png 2/5/2014 Red padlock.png 5/6/2014 90
Oklahoma Red padlock.png 4/11/2014 Red padlock.png 6/24/2014 74
Oregon Red padlock.png 3/11/2014 Red padlock.png 5/20/2014 70
Pennsylvania Red padlock.png 3/11/2014 Red padlock.png 5/20/2014 70
Rhode Island Red padlock.png 6/25/2014 Red padlock.png 9/9/2014 76
South Carolina Red padlock.png 3/30/2014 Red padlock.png 6/10/2014 72
South Dakota Red padlock.png 3/25/2014 Red padlock.png 6/3/2014 70
Tennessee Red padlock.png 4/3/2014 Red padlock.png 8/7/2014 126
Texas Red padlock.png 12/9/2013 Red padlock.png 3/4/2014 85
Utah Red padlock.png 3/20/2014 Red padlock.png 6/24/2014 96
Vermont Red padlock.png 6/12/2014 Red padlock.png 8/26/2014 75
Washington Red padlock.png 5/17/2014 Red padlock.png 8/5/2014 80
West Virginia Red padlock.png 1/25/2014 Red padlock.png 5/13/2014 108
Wisconsin Red padlock.png 6/2/2014 Red padlock.png 8/12/2014 71
Wyoming Red padlock.png 5/30/2014 Red padlock.png 8/19/2014 81


Special Elections

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See also: State legislative special elections, 2014

There are no special elections scheduled this week. The next special elections will take place on November 4 in Louisiana and Mississippi.

Looking ahead

Upcoming special elections include:

See also

Footnotes

  1. Los Angeles Times, "Supreme Court to review independent redistricting commissions," October 2, 2014
  2. The New York Times, "Justices Take Cases on Bias, Redistricting and Judicial Elections," October 2, 2014
  3. Capitol Media Services, "US Supreme Court takes up Arizona’s redistricting case," October 2, 2014
  4. Cronkite News, "Supreme Court to hear Arizona lawmakers’ redistricting challenge," October 2, 2014
  5. Reuters, "Supreme Court to weigh Arizona redistricting challenge," October 2, 2014
  6. 6.0 6.1 New York Daily News, "Queens Assemblyman William Scarborough hit with double shot of corruption indictments," accessed October 1, 2014
  7. 7.0 7.1 NY Times, "Queens Assemblyman Is Charged With Inflating Travel Expenses by $40,000," October 1, 2014
  8. Newsday, "Queens assemblyman charged with 23 felonies," October 1, 2014
  9. NY Post, "Assemblyman William Scarborough arrested," October 1, 2014
  10. Cleveland.com, "Ohio's 2014 legislative calendar will be crammed with election-year politicking and backroom pleading: Thomas Suddes," December 15, 2013
  11. Stateside Associates, " Session Calendar 2014," accessed October 6, 2014
  12. StateNet, " Daily Session Summary," accessed October 6, 2014
  13. Alaska Statutes, "Section 15.25, Nomination of Candidates," accessed October 31, 2013
  14. Secretary of State Website, "2014 Election Important Dates," accessed November 4, 2013
  15. Running for Public Office, "A 'Plain English' Handbook for Candidates," 2012 Edition, accessed October 21, 2013 (dead link)
  16. Arkansas Code of 1987, "Title 7, Elections," accessed October 30, 2013
  17. Summary of Qualifications and Requirements for the Office of State Senator, Member of the Assembly, "June 3, 2014, Primary Election," accessed October 21, 2013
  18. California Elections Code, "Section 8100-8107," accessed October 28, 2013
  19. California Secretary of State Website, "Key Dates and Deadlines," accessed October 21, 2013
  20. Colorado Secretary of State Website, "Major Political Parties FAQs," accessed October 31, 2013
  21. Colorado Revised Statutes, "Title 1, Elections," accessed October 31, 2013
  22. Connecticut Secretary of State Website, "Frequently Asked Questions, Nominating Papers," accessed October 31, 2013
  23. Florida Department of State Division of Elections, "2013-2014 Dates to Remember," accessed November 6, 2013
  24. 2013 Florida Statutes, "Section 99.061," accessed December 2, 2014
  25. Hawaii State Legislature, "HRS §12-6 Nomination papers: time for filing; fees", accessed May 22, 2013
  26. 2014 Kentucky Election Calendar, accessed November 12, 2013
  27. Kentucky State Board of Elections "Candidate Qualifications and Filing Fees" accessed November 26, 2011
  28. Maine Secretary of State "State of Maine 2014 Candidate's Guide to Ballot Access," accessed February 11, 2014
  29. The State Board of Elections, "Candidacy," accessed November 5, 2013
  30. 2014 Massachusetts State Primary and State Election Schedule, accessed December 2, 2013
  31. Official Election Calendar for the State of Nebraska, accessed November 18, 2014