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The Federal Tap: Aloha to Hawaii primaries

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August 10, 2018Issue No. 125

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Week in review
On tap next week

THE WEEK IN REVIEW

Here's what happened in federal politics last week. To see what happened in state and local politics, click here.

Monday, August 6

NLRB rules that agency ALJs were properly appointed

  • The commissioners of the National Labor Relations Board (NLRB) unanimously held that the agency's administrative law judges (ALJs) were validly appointed by the agency pursuant to the Appointments Clause of the United States Constitution.
  • The commissioners' vote rejected a challenge by Westrock Services Inc., a graphics printing company, that argued for the dismissal of the company's case before the NLRB on the grounds that the agency's ALJs had not been properly appointed. Westrock claimed that the NLRB's ALJs had not been appointed by the appropriate department head. The company argued that only the heads of cabinet-level agencies and the departments included under 5 U.S.C. § 101, not the NLRB commissioners, constituted department heads for the purposes of the Appointments Clause.
  • The NLRB commissioners rejected Westrock's claims and based their dismissal on the United States Supreme Court's decision in Lucia v. SEC, which held that the ALJs of the Securities and Exchange Commission (SEC) are inferior officers of the United States who must be appointed by the SEC commissioners, rather than hired by agency staff, in accordance with the Appointments Clause. The NLRB commissioners also cited Free Enterprise Fund v. Public Company Accounting Oversight Board, which held that the SEC commissioners constituted a department head for the purposes of the Appointments Clause. The NLRB commissioners, therefore, held that they jointly function as a department head for the purposes of the Appointment Clause, similar to the SEC commissioners.
  • Westrock had not responded to the ruling as of August 7, 2018. The company can appeal the decision in federal court.

National Archives releases Kavanaugh documents

  • The National Archives released 1,063 pages from Kavanaugh's attorney work files from his time in the office of independent counsel Kenneth Starr in the 1990s.

Tuesday, August 7

Kansas primary review

  • Kansas’ statewide primary was on August 7. Ballotpedia covered elections for four U.S. House seats, 11 state executive seats including governor, all 125 state house seats, and a special primary in District 13 of the state senate. Ballotpedia also covered primaries in Sedgwick County. The general election is November 6, 2018.
    • EMILY's List backed Sharice Davids (D) defeated five opponents and won the Democratic Party's nomination to challenge Rep. Kevin Yoder (R) in Kansas' 3rd Congressional District. Davids edged out Brent Welder (D), who was endorsed by Sen. Bernie Sanders (I) and Alexandria Ocasio-Cortez (D), by just over 2000 votes. Davids received 37.4 percent, Welder received 33.9, and Tom Niermann (D) received 14.3 percent of the vote. Mike McCamon (D), Sylvia Williams (D), and Jay Sidie (D) each received less than ten percent of the vote.
    • Army veteran and engineer Steve Watkins (R) defeated state Sens. Caryn Tyson (R), Steve Fitzgerald (R) and four other candidates in the Republican primary for Kansas’ 2nd Congressional District. Watkins led the Republican field in fundraising with $640,000, including $475,000 in loans made by the candidate. He faces former state House Minority Leader Paul Davis (D) in the general election.

Michigan primary review

  • Michigan’s statewide primary was on August 7, 2018, and Ballotpedia covered 186 seats at the federal, state, and local levels. One U.S. Senate seat, 15 U.S. House seats (including Michigan’s 13th Congressional District special election), three state executive seats, 38 Michigan State Senate seats, 110 Michigan House of Representatives seats, and two special state legislative seats were on the ballot. Ballotpedia also covered primaries in Wayne County. The general election is November 6, 2018.
    • Army veteran John James (R) defeated venture capitalist Sandy Pensler (R) in Michigan’s Republican Senate primary. President Donald Trump (R) endorsed James a week before the election, while Pensler had the fundraising advantage in the race, having contributed $5 million to his own campaign. James faces incumbent Sen. Debbie Stabenow (D) in November.
    • Lena Epstein (R) and Haley Stevens (D) won their respective primaries and will face off for Michigan’s 11th District. The suburban Detroit seat is currently represented by retiring U.S. Rep. David Trott (R) and is considered a “toss-up” by election forecasters. Epstein is a businesswoman who served as a Michigan co-chair of Trump’s 2016 presidential campaign. She mostly self funded her campaign. Stevens is a former Obama administration official who worked on providing subsidies to the auto industry after the 2008 recession. She was endorsed by Hillary Clinton in the final days of her primary.
    • Former state Rep. Rashida Tlaib (D) won the Democratic primary to represent Michigan’s 13th District for the 2019-2020 term. The seat was vacated by U.S. Rep. John Conyers Jr. (D) in December 2017 after he was accused of sexual harassment. Conyers was first elected to the Detroit-based majority-minority district in 1964. Tlaib, who was endorsed by progressive groups like Justice Democrats and Our Revolution, will be the first Muslim woman to serve in Congress and the district’s first non-black representative in over 50 years. Detroit City Council President Brenda Jones (D) defeated Tlaib in a concurrent special Democratic primary to represent the seat for the rest of the 2017-2018 term. No Republican filed for the regular election or the special election.

Missouri primary review


Washington primary review

  • Washington’s statewide primary was on August 7. Ballotpedia covered elections for 10 U.S. House seats, 25 state senate seats, all 98 state house seats, one seat on the Washington Court of Appeals, and municipal and local judicial elections in King County. Washington uses a vote-by-mail system, and final election results will not be certified by the Secretary of State until August 24, 2018. The general election is November 6, 2018.
    • Former state Sen. Dino Rossi (R) advanced in the top-two primary for Washington’s 8th District. Democrats Kim Schrier and Jason Rittereiser are waiting on the state’s mail-in ballots to be counted to see which of them will challenge Rossi in the general election. The seat, currently held by retiring U.S. Rep. David Reichert (R), is considered a “toss-up” by election forecasters and is one of 25 Republican House districts Hillary Clinton won in the 2016 presidential election.
    • 11-term Incumbent Adam Smith (D) advanced and Sarah Smith (D) trailed Doug Basler (R) for the runner up position in the top-two primary for Washington’s 9th Congressional District. As of August 9 at 5:00 pm PT Adam Smith had received 50,132 votes, Basler had 26,150, and Sarah Smith had 23,375 with 72 percent of precincts reporting. Adam Smith defeated Basler in the 2014 and 2016 general elections in the safely democratic district and ran with endorsements from both of Washington's senators and three U.S. House members. Sarah Smith ran with endorsements from Our Revolution and Democratic Socialists of America.
    • Incumbent state Sen. Tim Sheldon (D) and educator Irene Bowling (D) advanced to the general election following the top-two primary for Washington State Senate District 35, setting up a rematch between the two candidates. Sheldon defeated Bowling in the 2014 general election 54 percent to 46 percent.

OH-12 special election too close to call

  • With 100 percent of precincts reporting, state Sen. Troy Balderson (R) leads Franklin County Recorder Danny O'Connor (D) by less than one percentage point in the special election for Ohio’s 12th Congressional District. There are more than 8,400 absentee and provisional ballots outstanding, which cannot begin to be counted until August 18. Ohio law requires automatic recounts for congressional elections in which the margin of victory is less than 0.5 percent of votes cast.

Wednesday, August 8

Senate Democrats filed a FOIA for more Kavanaugh documents

  • Senate Democrats on the Senate Judiciary Committee filed a Freedom of Information Act (FOIA) request for records on Kavanaugh's time serving in the White House under the George W. Bush administration.

Thursday, August 9

Vermont minor party and independent candidate filing deadline

  • The deadline passed for minor party nominations and independent candidate filing to run in statewide general elections in Vermont. In 2018, voters will elect one member to the U.S. Senate, one U.S. House member, governor and five additional state executive positions, all 30 state senate seats, and all 150 state house seats. A primary election will be held on August 14, 2018, and the general election will be held on November 6, 2018.

More Kavanaugh documents released

  • CNN reported that former President George W. Bush's team provided the Senate Judiciary Committee with documents from Kavanaugh's time serving in the White House counsel office. Nearly 5,800 pages were released.

Congress is in session

The Senate will hold pro forma sessions until it reconvenes on August 15. The House will be in recess until September 4.

SCOTUS is out of session

The Supreme Court has finished its argument scheduled for the term. To learn more about this term, read our review.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in federal politics this week. To see what happened in state and local politics, click here.

Saturday, August 11

Hawaii primary preview

  • Hawaii’s statewide primary is on August 11. Ballotpedia is covering elections for U.S. Senate, two U.S. House seats, governor and lieutenant governor, 13 state senate seats, and all 51 state house seats. Ballotpedia will also cover primaries for four city council races in Honolulu. The general election is November 6, 2018.
    • Seven Democratic candidates, including three state legislators, a former member of Congress, the state's lieutenant governor, and a Honolulu City councilman are running in a competitive race for the safe Democratic seat in Hawaii's 1st Congressional District. State Senate President Donna Kim (D) and Lt. Gov. Doug Chin (D) started the race as frontrunners, but the late entry of former U.S. Rep. Ed Case (D) has changed the dynamic of the primary. He represented the neighboring 2nd Congressional District for three terms.
    • In Hawaii’s 2nd Congressional district, a Democratic primary pitting incumbent Rep.Tulsi Gabbard (D) against two challengers takes place August 11. Gabbard has a significant lead in fundraising with more than $2.2 million more in cash on hand than either opponent. The National Education Association endorsed challenger Sherry Alu Campagna (D). Gabbard received endorsements from Our Revolution and End Citizens United.

Tuesday, August 14

Connecticut primary preview

  • Connecticut is holding its primary on August 14. Offices that had more than one candidate qualify to run in the two major parties will be on the ballot. Primaries were canceled for offices that had only one candidate qualify, and those candidates moved automatically to the November 6 general election.
    • Two federal offices—the state’s U.S. Senate seat and its 5th Congressional District seat—will be on the primary ballot along with the race for governor, lieutenant governor, attorney general, treasurer, and comptroller. Seven of 36 state senate seats and 14 of 151 state house seats will also be on the primary ballot.
    • In the Democratic primary for Connecticut’s 5th District, former Simsbury First Selectman Mary Glassman faces 2016 National Teacher of the Year Jahana Hayes. Glassman was endorsed by the state Democratic Party, but Hayes has the support of progressive organizations and U.S. Sen. Kamala Harris (D-Calif.). The winner will run in the general election for the seat currently held by Elizabeth Esty (D). Esty did not file for re-election after media outlets reported she did not act on complaints that her chief of staff abused and sexually harassed female staffers in her office.

Minnesota primary preview

  • Minnesota is holding primaries on August 14. Ballotpedia is covering 211 seats at the federal, state, and local level. Two U.S. Senate seats (one is up for special election to complete Al Franken’s term), eight U.S. House seats, five state executive seats, one special Minnesota State Senate seat, 134 Minnesota House of Representatives seats, four state supreme court seats, and six appellate court seats will be on the ballot. Ballotpedia will also cover primaries in Hennepin and Ramsey counties and Minneapolis Public Schools and a special general election for one St. Paul City Council seat. The general election is November 6, 2018.
    • Incumbent Sen. Tina Smith, Richard Painter, and four other candidates are running in the Democratic primary for the special Senate election. Smith was appointed to replace Al Franken, who resigned in January amid sexual harassment allegations. Painter, an ethics lawyer for the George W. Bush administration, announced he would run in the Democratic primary in April. The winner of the November special election will serve out the remainder of Franken's term, ending January 2021. The special election takes place alongside a regularly scheduled election for Minnesota's other Senate seat.
    • In the first open race in Minnesota's 1st Congressional District since 2006, the Republican Party is lining up behind two candidates—2016 nominee Jim Hagedorn (R) and state Sen. Carla Nelson (R)—naming them both to the National Republican Congressional Committee’s “Contenders” program. Hagedorn, who lost to incumbent Rep. Tim Walz (D-Minn.) by less than one percentage point in the last election cycle, earned the district party’s endorsement. Nelson, who has served in the state Senate since 2011, was endorsed by Susan B. Anthony List.
    • With support from incumbent Rep. Rick Nolan (D), former state representative and Nolan campaign manager Joe Radinovich (D) faces state Rep. Jason Metsa (D), former news anchor Michelle Lee (D), and two other candidates competing for the toss-up open seat in Minnesota's 8th Congressional District. No candidate received an endorsement from the Democratic–Farmer–Labor Party at its multi-ballot nominating convention in April.

Vermont primary preview

Wisconsin primary preview

  • Wisconsin is holding primaries on August 14. Ballotpedia is covering 134 seats at the federal, state, and local level. One U.S. Senate seat, eight U.S. House seats, five state executive seats, 17 Wisconsin State Senate seats, and 99 Wisconsin State Assembly seats will be on the ballot. Ballotpedia will also cover primaries for county sheriff and clerk of circuit court in Dane and Milwaukee counties. The general election is November 6, 2018.
    • Marine Corps veteran Kevin Nicholson (R) and state Sen. Leah Vukmir (R) are competing in an expensive Republican Senate primary centered on party loyalty in Wisconsin. Vukmir has the support of national and state party leaders, earning endorsements from House Speaker Paul Ryan (R-Wis.), more than 50 state legislators and officials, and the Republican Party of Wisconsin. FreedomWorks and the Tea Party Patriots Citizens Fund have backed Nicholson and Club for Growth has spent more than $2.4 million to support his campaign.
    • Teacher Cathy Myers (D) faces ironworker Randy Bryce (D) in the Democratic primary for Wisconsin’s 1st congressional district, which is currently represented by outgoing House Speaker Paul Ryan (R). Bryce’s campaign announcement video drew national attention and was followed by endorsements from Sen. Bernie Sanders (I), nine sitting members of the U.S. House, Democracy for America, the United Auto Workers, and the AFL-CIO. However, the Myers campaign has pointed to Bryce’s nine arrests and allegations that he had fallen behind on child support payments as evidence that he would be unable to win a general election.

Constitution Party convention to be held in South Dakota

  • Members of the Constitution Party in South Dakota will hold their state party convention on August 14. At the convention, party members will nominate statewide and legislative candidates for the November 6 general election ballot. Candidates will be nominated for the following offices: U.S. House, governor, lieutenant governor, attorney general, secretary of state, treasurer, auditor, public lands commissioner, public utilities commissioner, and the state legislature.
    • Democrats held their state convention from June 15 to June 16. Republicans held their state convention from June 20 to June 23. Libertarians held their convention on June 9.

Where was the president last week?

  • This week, President Donald Trump (R) was in Bedminster, N.J. for a working vacation.

Federal Judiciary

  • 146 federal judicial vacancies
  • 85 pending nominations
  • 31 future federal judicial vacancies


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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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