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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 | ||
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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:
20 chambers
29 chambers
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:
- See also: Partisan composition of state houses
Sessions
Regular sessions
- 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]
- February 20: New Mexico
- March 7: Wyoming
- March 10: Oregon
- March 10: Virginia
- March 10: West Virginia
- March 14: Indiana
- March 14: Utah
- March 14: Washington
- March 20: Arkansas
- March 21: Georgia
- March 21: Idaho
- March 31: South Dakota
- April 3: Mississippi
- April 4: Alabama
- April 8: Maryland
- April 16: Kentucky
- April 18: Nebraska
- April 18: Tennessee
- April 24: Arizona
- April 25: Alaska
- May 2: Hawaii
- May 2: Iowa
- May 2: Maine
- May 5: Florida
- May 7: Colorado
- May 7: Connecticut
- May 10: Vermont
- May 19: Minnesota
- May 19: Missouri
- May 26: Oklahoma
- May 30: Kansas
- June 2: Illinois
- June 3: Louisiana
- June 4: Wisconsin
- June 6: South Carolina
- June 13: New Hampshire
- June 23: Rhode Island
- June 23: New York
- July 1: Delaware
- August 1: Massachusetts
- August 20: North Carolina
- August 30: California
In recess
As of today, October 6, there is one state legislature currently in recess:[12]
- Michigan: Returns October 22
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:
- Alabama (Senate and House)
- Alaska (Senate and House)
- Arizona (Senate and House)
- Arkansas (Senate and House)
- California (Senate and Assembly)
- Colorado (Senate and House)
- Connecticut (Senate and House)
- Delaware (Senate and House)
- Florida (Senate and House)
- Georgia (Senate and House)
- Hawaii (Senate and House)
- Idaho (Senate and House)
- Illinois (Senate and House)
- Indiana (Senate and House)
- Iowa (Senate and House)
- Kansas (House Only)
- Kentucky (Senate and House)
- Maine (Senate and House)
- Maryland (Senate and House)
- Massachusetts (Senate and House)
- Michigan (Senate and House)
- Minnesota (House Only)
- Missouri (Senate and House)
- Montana (Senate and House)
- Nebraska (Unicameral Legislature)
- Nevada (Senate and Assembly)
- New Hampshire (Senate and House)
- New Mexico (House Only)
- New York (Senate and Assembly)
- North Carolina (Senate and House)
- North Dakota (Senate and House)
- Ohio (Senate and House)
- Oklahoma (Senate and House)
- Oregon (Senate and House)
- Pennsylvania (Senate and House)
- Rhode Island (Senate and House)
- South Carolina (House Only)
- South Dakota (Senate and House)
- Tennessee (Senate and House)
- Texas (Senate and House)
- Utah (Senate and House)
- Vermont (Senate and House)
- Washington (Senate and House)
- West Virginia (Senate and House)
- Wisconsin (Senate and Assembly)
- Wyoming (Senate and House)
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
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 |
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State | Filing Deadline | Primary Date | Days from Deadline to Primary |
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Alabama | ![]() |
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116 |
Alaska | ![]() |
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78 |
Arizona | ![]() |
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90 |
Arkansas | ![]() |
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78 |
California | ![]() |
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88 |
Colorado | ![]() |
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85 |
Connecticut | ![]() |
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90 |
Delaware | ![]() |
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63 |
Florida | ![]() |
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67 |
Georgia | ![]() |
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74 |
Hawaii | ![]() |
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67 |
Idaho | ![]() |
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78 |
Illinois | ![]() |
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106 |
Indiana | ![]() |
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88 |
Iowa | ![]() |
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81 |
Kansas | ![]() |
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65 |
Kentucky | ![]() |
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112 |
Maine | ![]() |
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85 |
Maryland | ![]() |
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119 |
Massachusetts | ![]() |
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98 |
Michigan | ![]() |
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105 |
Minnesota | ![]() |
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70 |
Missouri | ![]() |
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133 |
Montana | ![]() |
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85 |
Nebraska | ![]() |
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85 |
Nevada | ![]() |
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88 |
New Hampshire | ![]() |
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88 |
New Mexico | ![]() |
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119 |
New York | ![]() |
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61 |
North Carolina | ![]() |
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67 |
North Dakota | ![]() |
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64 |
Ohio | ![]() |
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90 |
Oklahoma | ![]() |
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74 |
Oregon | ![]() |
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70 |
Pennsylvania | ![]() |
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70 |
Rhode Island | ![]() |
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76 |
South Carolina | ![]() |
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72 |
South Dakota | ![]() |
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70 |
Tennessee | ![]() |
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126 |
Texas | ![]() |
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85 |
Utah | ![]() |
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96 |
Vermont | ![]() |
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75 |
Washington | ![]() |
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80 |
West Virginia | ![]() |
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108 |
Wisconsin | ![]() |
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71 |
Wyoming | ![]() |
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81 |
Special Elections
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:
- November 4: Louisiana House of Representatives District 97
- November 4: Mississippi State Senate District 17
- December 9: California State Senate District 35
- December 9: Virginia House of Delegates District 4
See also
- State legislative elections, 2014
- 2014 state legislative calendar
- Signature requirements and deadlines for 2014 state government elections
- State legislative special elections, 2014
- State legislative recalls
Footnotes
- ↑ Los Angeles Times, "Supreme Court to review independent redistricting commissions," October 2, 2014
- ↑ The New York Times, "Justices Take Cases on Bias, Redistricting and Judicial Elections," October 2, 2014
- ↑ Capitol Media Services, "US Supreme Court takes up Arizona’s redistricting case," October 2, 2014
- ↑ Cronkite News, "Supreme Court to hear Arizona lawmakers’ redistricting challenge," October 2, 2014
- ↑ Reuters, "Supreme Court to weigh Arizona redistricting challenge," October 2, 2014
- ↑ 6.0 6.1 New York Daily News, "Queens Assemblyman William Scarborough hit with double shot of corruption indictments," accessed October 1, 2014
- ↑ 7.0 7.1 NY Times, "Queens Assemblyman Is Charged With Inflating Travel Expenses by $40,000," October 1, 2014
- ↑ Newsday, "Queens assemblyman charged with 23 felonies," October 1, 2014
- ↑ NY Post, "Assemblyman William Scarborough arrested," October 1, 2014
- ↑ Cleveland.com, "Ohio's 2014 legislative calendar will be crammed with election-year politicking and backroom pleading: Thomas Suddes," December 15, 2013
- ↑ Stateside Associates, " Session Calendar 2014," accessed October 6, 2014
- ↑ StateNet, " Daily Session Summary," accessed October 6, 2014
- ↑ Alaska Statutes, "Section 15.25, Nomination of Candidates," accessed October 31, 2013
- ↑ Secretary of State Website, "2014 Election Important Dates," accessed November 4, 2013
- ↑ Running for Public Office, "A 'Plain English' Handbook for Candidates," 2012 Edition, accessed October 21, 2013 (dead link)
- ↑ Arkansas Code of 1987, "Title 7, Elections," accessed October 30, 2013
- ↑ Summary of Qualifications and Requirements for the Office of State Senator, Member of the Assembly, "June 3, 2014, Primary Election," accessed October 21, 2013
- ↑ California Elections Code, "Section 8100-8107," accessed October 28, 2013
- ↑ California Secretary of State Website, "Key Dates and Deadlines," accessed October 21, 2013
- ↑ Colorado Secretary of State Website, "Major Political Parties FAQs," accessed October 31, 2013
- ↑ Colorado Revised Statutes, "Title 1, Elections," accessed October 31, 2013
- ↑ Connecticut Secretary of State Website, "Frequently Asked Questions, Nominating Papers," accessed October 31, 2013
- ↑ Florida Department of State Division of Elections, "2013-2014 Dates to Remember," accessed November 6, 2013
- ↑ 2013 Florida Statutes, "Section 99.061," accessed December 2, 2014
- ↑ Hawaii State Legislature, "HRS §12-6 Nomination papers: time for filing; fees", accessed May 22, 2013
- ↑ 2014 Kentucky Election Calendar, accessed November 12, 2013
- ↑ Kentucky State Board of Elections "Candidate Qualifications and Filing Fees" accessed November 26, 2011
- ↑ Maine Secretary of State "State of Maine 2014 Candidate's Guide to Ballot Access," accessed February 11, 2014
- ↑ The State Board of Elections, "Candidacy," accessed November 5, 2013
- ↑ 2014 Massachusetts State Primary and State Election Schedule, accessed December 2, 2013
- ↑ Official Election Calendar for the State of Nebraska, accessed November 18, 2014