The Federal Tap: Filing deadline number 3: West Virginia

January 26, 2018Issue No. 97

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Week in review

On tap next week

THE WEEK IN REVIEW

Saturday, January 20

Senate unable to pass funding bill; Government shutdown begins

On January 19, the Senate rejected a motion to end debate on a House-passed short-term spending bill, leading to a government shutdown on January 20. The continuing resolution (CR) proposed funding the government through February 16, 2018. It included a six-year extension of funding for the Children’s Health Insurance Program (CHIP). It also proposed delaying some of the Affordable Care Act’s (ACA) taxes. It did not include a legislative solution for the Deferred Action for Childhood Arrivals (DACA) program, something Democrats wanted. The proposal passed the House on January 18, 2018, by a vote of 230-197, mostly along party lines.
- Forty-five Republicans and five Democrats voted to proceed to a vote on the continuing resolution. Forty-two Democrats voted with five Republicans and Independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) against the motion.
- Before the January 20, 2018, shutdown, October 1, 2013, was the last time the federal government shut down.
- Since the congressional budgeting process took effect in 1976, there have been a total of 19 separate government shutdowns, including the January 20 shutdown, according to The Washington Post.

Monday, January 22

Democratic candidate removed from the race for former U.S. Rep. Trent Franks’ seat because of insufficient signatures

Maricopa County elections officials announced that Gene Scharer (D) was removed from the Democratic primary after his nominating petitions were challenged. The petitions were challenged by a supporter of another Democratic candidate on the ballot, Dr. Hiral Tipirneni. The officials determined after the review that Scharer had just 353 of the required 665 signatures. A challenge to Democrat Brianna Westbrook’s signatures was dropped after a review of her signatures determined that she had four signatures more than what was required. The Democratic primary between Tipirneni and Westbrook will be held on February 27. Thirteen candidates are running in the Republican primary. The primary winners will face off in the general election on April 24.
- Franks resigned his seat on December 8, 2017, after acknowledging that he had discussed possible surrogacy arrangements with female staffers. Franks faced third-party opposition in his 2016 re-election bid and won the seat with 68.5 percent of the vote.
- The race has been rated as Safe Republican by the Cook Political Report, Larry J. Sabato’s Crystal Ball, and Decision Desk HQ. Two polls in early December from OH Predictive Insights and Data Orbital found most voters—37 percent and 54 percent, respectively—were undecided in the race for the Republican nomination. Former Arizona Corporation Commissioner Bob Stump (R) and former state Sen. Debbie Lesko (R) were the only candidates to receive double-digit support in both polls.

Progressive organization endorses Newman over Lipinski in IL-3 primary

The progressive organization Our Revolution Illinois, an offshoot of the Bernie Sanders'-inspired Our Revolution, endorsed challenger and political newcomer Marie Newman over longtime incumbent Dan Lipinski (D) in the Democratic primary for Illinois' 3rd Congressional District. Lipinski has held the office since 2004, succeeding his father Bill after six terms in Congress.
- "Marie is running for Congress to stand up for the values we share in the 3rd District: fighting for working families, growing and protecting small businesses, promoting education and training programs that lead to real jobs, pushing for Healthcare-For-All, protecting Social Security, workers’ rights, women’s healthcare, veterans, and Medicare, the organization said on January 22.
- In the last month, Lipinski has been endorsed by the Illinois AFL-CIO. According to The Intercept, his political support is based in the labor unions in his district and longtime players in Illinois politics. Lipinski has drawn criticism for his conservative leaning as a member of the Democratic Party, including his anti-abortion views and his votes against the DREAM act and the Affordable Care Act. Newman, a self-described progressive, has based her campaign on her opposition to Lipinski's positions on reproductive issues, healthcare, and immigration.

U.S. Rep. Jim Renacci (R) says Trump and Pence will campaign for him in Ohio Senate race

On January 22, U.S. Rep. Jim Renacci (R-Oh.) told the Vindicator that President Donald Trump (R) and Vice President Mike Pence (R) would campaign for him in his bid for the Ohio Senate seat currently held by Sherrod Brown (D). Renacci entered the Republican primary in January 2018 after State Treasurer Josh Mandel (R), the Republican frontrunner, dropped out due to family health issues. Renacci had been running in Ohio’s gubernatorial race before then and said that Trump and his allies convinced him to enter the Senate race.
Renacci’s main opponent in the Republican primary is businessman Mike Gibbons. After Mandel dropped out on January 5, Gibbons announced that he was now the front-runner in the race and would put $5 million of his own money into the campaign. Renacci entered the race on January 11 and was soon endorsed by all 10 Republican members of Ohio's U.S. House delegation, including Freedom Caucus Chairman Jim Jordan. Both candidates have indicated their support for President Trump’s agenda. On January 15, the Washington Times reported that Ohio Gov. John Kasich (R), a Trump opponent, was possibly attempting to recruit a candidate to run against Renacci and Gibbons in the primary.
Sherrod Brown (D) is running for re-election and is expected to be a slight favorite in the November general election as three race rating agencies have the seat as “Leans Democratic.” However, CNN listed this seat among 10 U.S. Senate seats it considered most likely to flip in 2018. Donald Trump won Ohio in 2016 and was the first Republican candidate to do so since George W. Bush in 2004. Brown was first elected in 2006 and was re-elected in 2012.

Trump signs continuing resolution, ending government shutdown

President Donald Trump signed signed a continuing resolution (CR) to fund the government until February 8, 2018, to end the three-day government shutdown. In a statement, Trump said, "I am pleased that Democrats in Congress have come to their senses and are now willing to fund our great military, border patrol, first responders, and insurance for vulnerable children. As I have always said, once the Government is funded, my Administration will work toward solving the problem of very unfair illegal immigration. We will make a long-term deal on immigration if, and only if, it is good for our country." The CR included a six-year funding extension for the Children’s Health Insurance Program (CHIP) and proposed delaying some healthcare taxes. It did not include a legislative solution for the Deferred Action for Childhood Arrivals (DACA) program.
- Earlier in the day, the Senate approved the CR by a vote of 81-18. The vote came after Senate Majority Leader Mitch McConnell (R-Ky.) said that the Senate would consider DACA legislation on the Senate floor and allow an open amendment process, if negotiators are unable to work out a larger deal by February 8, 2018, a demand made by Senate Minority Leader Chuck Schumer (D-N.Y.).
- The House then passed the CR By a vote of 266-150, before sending it to Trump for signature.
- Who was responsible for the shutdown? What were the responses to the deal struck by Schumer and McConnell? What did the media have to say about the "winners and losers" of the government shutdown? And, what happens next? Find out here.

U.S. Supreme Court releases three new opinions, bringing term total to four

On Monday, the United States Supreme Court issued three additional opinions, bringing the total number of published opinions this term to four. The released opinions are National Association of Manufacturers v. Department of Defense, Artis v. District of Columbia, and District of Columbia v. Wesby.
Justice Neil Gorsuch, the newest member of the court, authored a dissent in Artis. The vote in Artis was split 5-4. Justice Ginsburg authored the majority opinion, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Breyer. Justice Gorsuch’s dissent was joined by Justices Kennedy, Thomas, and Alito. The case dealt with tolling provisions and time limits on filing claims.
National Association of Manufacturers and Wesby were both unanimously decided. In National Association of Manufacturers, authored by Justice Sotomayor, the court ruled that challenges to the “waters of the United States” rule must be filed in federal court. In Wesby, authored by Justice Thomas, the court ruled that police officers at a D.C. party were entitled to qualified immunity and had probable cause to arrest partygoers who had later filed suit for false arrest.

Reince Priebus endorses Leah Vukmir in Wisconsin Senate race

Former White House chief of staff Reince Priebus endorsed state Sen. Leah Vukmir (R) in the U.S. Senate race in Wisconsin, and questioned whether her primary rival, Kevin Nicholson (R), was committed to the party given his previous Democratic affiliation.
- "When you go from president of the College Democrats to wanting to be the U.S. Senator for the Republican Party, I think there should be some in-between time," Priebus said.
- Nicholson has the backing of another former White House employee—former chief strategist Steve Bannon—although he has downplayed his support. He said in an interview, “The endorsement that I received is actually from the Great America PAC, and guess who runs it: Ed Rollins, one of the architects of the Reagan revolution.”
- Nicholson and Vukmir are competing in a Republican primary field with two other candidates to challenge incumbent Sen. Tammy Baldwin (D).

Lexington Mayor Jim Gray enters the Democratic primary in KY-06

Lexington Mayor Jim Gray (D), who won the 6th District in his unsuccessful 2016 Senate bid to unseat U.S. Sen. Rand Paul (R), was the fifth candidate to file for the Democratic primary. He joined state Sen. Reggie Thomas, retired Marine Lt. Col. Amy McGrath, and Lexington residents Theodore Green and Geoff Young in the race.
In a January 2018 profile of McGrath, Vox described the race as "an intraparty debate about how Democrats can best compete in rural, red-leaning districts." McGrath told Vox that, "In the rural areas, many, many people feel left out and left behind by our country. They feel that the Democratic Party is being led by New York City and San Francisco, and they don't see any leadership in the Democratic Party that speaks to them." Following reports that the Democratic Congressional Campaign Committee, the national party's congressional campaign arm, encouraged Gray to run, McGrath campaign manager Mark Nickolas said, "The idea that the national Democratic party, leadership at the highest level, would say 'no, we want the establishment candidate with high name ID that can write a check' says that they haven't learned any lessons from the last three elections.”
The Gray campaign has pushed back on the characterization of Gray as the establishment candidate. "This [idea that Gray is an establishment candidate] is silly," Gray campaign manager Jamie Emmons said. "We're in Frenchburg, Kentucky at the Cornbread Cafe and after this the mayor will do three more stops tonight in the Eastern part of the district."
The winner of the Democratic primary in May will likely face incumbent Andy Barr in the November general election. Barr, who is currently unopposed for the Republican nomination, has held the 6th District seat since 2013. Election analysts give Republicans a slight edge in the November general. The Cook Political Report, Larry Sabato's Crystal Ball, and Inside Elections with Nathan L. Gonzales all rate the seat “Leans Republican.”

Tuesday, January 23

Texas governor endorses Kathaleen Wall in TX CD-2 Republican Primary

Texas Gov. Greg Abbott (R) endorsed Kathaleen Wall in Republican primary for Texas’ 2nd Congressional District. Wall is a Republican activist and is married to Holloway Frost, the founder of the Houston-based tech company Texas Memory Systems and a Republican donor. She is one of nine candidates running in the Republican primary and has already received endorsements from U.S. Rep. Cathy McMorris Rodgers (R-Wash.), U.S. Rep. Randy Weber (R-Texas), and Texas Attorney General Ken Paxton (R). Her top rivals in the primary include state Rep. Kevin Roberts and former Navy SEAL Daniel Crenshaw.
The Houston-area 2nd Congressional District is currently represented by Congressman Ted Poe (R), who is not seeking re-election in 2018. The seat is rated “Safe Republican” by multiple ratings organizations, meaning that the Republican Primary is the main barrier for candidates seeking election to the seat.
Republicans currently hold 25 of Texas’ 36 congressional districts. Six of those seats, including District 2, are open in the 2018 primaries due to incumbent retirements. Twelve incumbents are facing at least one challenger in the Republican primary, and seven incumbents are running unopposed. The primaries are on March 6, 2018. In necessary primaries runoffs will be held on May 22, 2018.

Senate confirms Jerome Powell as Federal Reserve chairman

The Senate confirmed Jerome Powell as the next chairman of the Federal Reserve by a vote of 84-13. It was one of the widest margins of confirmation for a nominee of President Donald Trump’s. He will replace Federal Reserve Chairwoman Janet Yellen on February 3, 2018.

McSally releases first Arizona Senate ad, showcases Trump support

U.S. Rep. Martha McSally (R-Ariz.) launched an $114,000 ad buy in the U.S. Senate race in Arizona highlighting her military experience and featuring footage of President Donald Trump (R) praising her. Trump has also complimented McSally's primary rival, former state Sen. Kelli Ward (R), tweeting that it was great to see her enter the race in August 2017. Former Maricopa County sheriff Joe Arpaio, who Trump pardoned last year, is also competing in the August 18 Republican primary. Although no Democrat has held a Senate seat in the state for more than 20 years, three race raters have adjusted the race down to a Toss-up.

Saccone picks up additional high-profile support in PA-18

Republican state Rep. Rick Saccone picked up an endorsement from President Donald Trump's re-election campaign, followed by an endorsement from former UN ambassador John Bolton the next day. Vice President Mike Pence is scheduled to visit Pennsylvania to campaign with Saccone on February 2.
Saccone is competing with Democratic candidate Conor Lamb and Libertarian Drew Miller in the March 13 special election for Pennsylvania's 18th District seat in the U.S. House. The election is being held to fill the seat vacated by the resignation of Rep. Tim Murphy (R). Murphy resigned in October following reports that he had encouraged a woman with whom he had an extramarital affair to have an abortion.
Trump won the 18th District by close to 20 points in 2016, but a recent poll from DFM Research showed Lamb within three points of Saccone in the special election. Republicans have mobilized heavily to hold the seat.
- Trump visited Pennsylvania on January 18, bookending his trip with a tweet expressing his support and a formal letter of endorsement.
- The Congressional Leadership Fund, a super PAC affiliated with U.S. House Speaker Paul Ryan (R), has opened two field offices in the district and purchased $1.5 million in airtime to support Saccone.
- The Pro-Trump super PAC 45Committee and conservative group Ending Spending Inc. have also made ad buys for Saccone, reportedly investing $500,000 and $1 million, respectively.

Wednesday, January 24

Senate confirms Azar as HHS secretary

The Senate confirmed Alex Azar as the 24th secretary of health and human services (HHS) by a vote of 55-43. Six Democrats and Independent Sen. Angus King (Maine) joined with most Republicans to confirm Azar. Sen. Rand Paul (R-Ky.) was the only Republican to vote against Azar. Azar is a former pharmaceutical company executive. He also served as deputy secretary of HHS in the George W. Bush administration.

White House announces additional judicial nominees

On Wednesday, the White House announced that President Trump would make 12 new nominations to federal court seats. The new nominations cover federal district court vacancies and future vacancies in Louisiana, Texas, and Arizona, as well as a seat on the United States Court of Appeals for the 6th Circuit, a seat on the United States Court of Appeals for Veterans Claims, and a seat on the United States Tax Court.
There are currently 145 federal judicial vacancies, as well as 27 announced future vacancies. Including the new nominations, there are currently 54 nominees for judicial posts. Since President Trump took office, 23 of his judicial nominees have been confirmed by the United States Senate.

Morrisey gets endorsement from Senate Conservatives Fund in WV Senate race

The Senate Conservatives Fund endorsed state Attorney General Patrick Morrisey (R) in the West Virginia Senate race, joining Citizens United and the pro-Trump Great America Alliance. Morrisey also reported bringing in $737,000 in the final quarter of 2017. This was an improvement on his third quarter haul of $672,000.
- Morrisey's primary rival, Rep. Evan Jenkins (R-W.Va.), has not yet reported his figures for the fourth quarter, but his third quarter sum was $220,000.
- Morrisey and Jenkins are competing to challenge incumbent Sen. Joe Manchin (D), who is seeking his second full term in a state that backed Donald Trump in the presidential election by a margin of 42 points—the largest in the country.

U.S. Rep. Darrell Issa endorses potential successor in CA-49; U.S. Rep. Ed Royce backs her opponent

On Wednesday, U.S. Rep. Darrell Issa (R-CA-49) endorsed California Board of Equalization member Diane Harkey (R) in the race to replace him. Issa, who announced on January 10 that he would not seek re-election in the 49th District this year, said that Harkey, "understands the finance and what it takes to fund companies in California."
One of Issa's colleagues in California's Republican congressional delegation, meanwhile, has backed one of Harkey's opponents. U.S. Rep. Ed Royce (R-CA-39), who is also retiring this year, endorsed San Diego County Supervisor Kristin Gaspar (R) for the 49th District seat.
Republicans Rocky Chavez, Brian Maryott, and Joshua Schoonover, Democrats Douglas Applegate, Sara Jacobs, Paul Kerr, Mike Levin, and Christina Prejean, and Peace and Freedom Party candidate Jordan Mills have also announced their candidacies for the June 5 primary. California uses a top-two primary system in which all candidates compete in the same primary and the two who receive the most votes, regardless of party affiliation, advance to the November general election.
The Cook Political Report and Larry Sabato's Crystal Ball give Democrats a slight edge in the race, rating it as "Leans Democratic." 2018 Democratic candidate Applegate came within 0.6 points of unseating Issa in 2016.

Thursday, January 25

20 percent of U.S. House races do not have a Democratic or Republican candidate

Ballotpedia is tracking U.S. House races without a Democratic or Republican candidate in the 2018 midterm elections. As of January 2018, a total of 21 U.S. House races do not have a Democratic candidate and 64 do not have a Republican candidate.

Trump administration releases initial framework for immigration plan

In an immigration plan that will be formally released next week, the Trump administration will endorse allowing as many as 1.8 million individuals who were brought into the U.S. without legal permission as children U.S. citizenship in exchange for $25 billion in border security, including a border wall, and changes to the immigration system. Senior White House adviser Stephen Miller discussed President Donald Trump's decision to offer citizenship to individuals known as Dreamers, saying, “The president has indicated a willingness to extend citizenship to 1.8 million individuals as part of this immigration reform package. That would be the DACA population, plus individuals who failed to apply for DACA but otherwise met the requirements, as well as adjustments in timeframe that would bring the total maximum population size to 1.8 million.”
- The immigration plan includes:
  - A path to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients, as well as those who are eligible but did not apply for legal status. The administration estimates that it would take 10-12 years for these individuals to earn citizenship.
  - A $25 billion trust fund for a wall on the U.S.-Mexico border, new security on the U.S.-Canada border, more border agents, and more immigration judges. According to The Hill, "The money would be kept in a trust fund so it could not be clawed back by future Congresses."
  - Limits on chain migration or family-based migration. Spouses and minor children of U.S. citizens would still be eligible to migrate to the U.S., but parents and siblings would not.
  - Eliminates the visa lottery system, an immigrant visa program for people from countries with historically low rates of immigration to the U.S.
The Trump administration will ask members of the Senate to use his immigration plan to draft legislation and introduce it the week of February 5, 2018.

U.S. Rep. Patrick Meehan (R-Penn.) announces retirement due to sexual misconduct allegations

U.S. Rep. Patrick Meehan announced that he would not seek re-election in 2018. His announcement came five days after it was reported that he had settled a sexual harassment claim against him brought by a former staffer. He said, "Unfortunately, recent events concerning my office and the settlement of certain harassment allegations have become a major distraction. I need to own it because it is my own conduct that fueled the matter.”n January 20, 2018, Meehan was removed from his position on the House Ethics Committee after the New York Times reported that he had settled a misconduct complaint by a former staff member with funds allocated for his congressional office. According to the report, an unnamed aide said that Meehan made unwanted romantic advances toward her in 2017. The report said that Meehan became hostile toward the woman when she did not reciprocate.
Meehan told the Philadelphia Inquirer and Daily News that he did not harass her and that any hostility he showed was related to votes on the repeal of the Affordable Care Act during the same time period. He said he had told the staffer “that I was a happily married man and I was not interested in a relationship, particularly not any sexual relationship, but we were soul mates. I think that the idea of soul mate is that sort of person that you go through remarkable experiences together.”
Five Democrats and one Republican have filed to run for Meehan’s seat, which, as of January 26, was rated “Lean Republican” or “Toss-up” by race rating agencies. One of the Democrats who filed, state Sen. Daylin Leach (D), suspended his campaign in December after sexual misconduct allegations were levied against him.
Ballotpedia has found allegations of sexual misconduct against 49 federal and state officials since reports of similar allegations against Harvey Weinstein broke in October 2017. Meehan was the eighth federal official to retire or resign due to allegations. There have been ten similar retirements and resignations by state officials.

Friday, January 26

Poll has Garcia leading field of candidates in IL-4 race

A poll released by Garin-Hart-Yang for Illinois congressional candidate Jesus Garcia has him leading the field of candidates with 59 percent support. Joe Moreno came in with 8 percent and Sol Flores with 6 percent. The three Democratic candidates are running along with two others for the open seat of Luis Gutierrez (D) in Illinois' 3rd Congressional District. The Democratic primary will be held on March 20.

Congress is in session

The Senate will be in session Monday through Friday. The House be in session Monday through Wednesday.

SCOTUS is in session

The U.S. Supreme Court is not scheduled to hear any additional arguments next week. To date, the court has agreed to hear arguments in 71 cases; of those 71 cases, the court has heard arguments in 39 cases. To learn more about this term, read our overview.

WHAT'S ON TAP NEXT WEEK

Saturday, January 27

Candidate filing deadline will pass in West Virginia

The filing deadline will pass for individuals interested in running for U.S. Congress, the state legislature, and local judgeships in West Virginia. West Virginians will elect one member to the U.S. Senate, three members to the U.S. House of Representatives, 17 state senators, and all 100 state representatives. Since many local court judges were elected in West Virginia's first nonpartisan judicial elections in 2016, any judicial elections which occur in 2018 will be to fill unexpired terms resulting from vacancies. Primary elections are scheduled on May 8, 2018, and general elections are scheduled on November 6, 2018.
- The U.S. Senate seat currently held by Joe Manchin (D) is up for election in 2018 and considered to be a battleground. Manchin is seeking re-election and is one of the most vulnerable Senate incumbents in the country. Republicans are considering the Senate race in West Virginia one of the party's best chances to take control of a seat, given the largest margin of victory for Donald Trump in the 2016 presidential election came from West Virginia where he defeated Hillary Clinton by 42 points. This seat was rated, on average, a Toss-up by four outlets as of January 24, 2018. CNN listed this seat among 10 U.S. Senate seats it considered the most likely to flip in 2018.
- West Virginia’s three U.S. House seats are all currently held by members of the Republican Party, and all three are expected to be safe Republican holds in the general election. District 3 will be open following incumbent Evan Jenkins’ decision to seek election to the U.S. Senate. The Republican race to replace him has drawn a crowded field, including three members of the state House of Delegates, one former state delegate, and the former chair of the state Republican Party.

Tuesday, January 30

Kentucky candidate filing deadline to pass

The filing deadline for candidates will pass to run for office in Kentucky. The offices on the ballot include the six Kentucky districts in the U.S. House of Representatives, which are held by five Republicans and one Democrat, as well as 19 seats on the Kentucky State Senate, all 100 seats on the Kentucky House of Representatives, one seat on the Kentucky Supreme Court, and one seat on the Kentucky Court of Appeals. Ballotpedia is also covering elections in Lexington and Louisville since they are in the top 100 cities in the U.S. by population. This includes the mayor and city council of both cities, any judges serving in those areas, and the school boards of Fayette and Jefferson counties.
- This will be the fourth major filing deadline of the cycle, following Illinois, Texas, and West Virginia. Kentucky’s primary election is on May 22, 2018, and the general election will be on November 6, 2018.

Trump to deliver first State of the Union address

President Donald Trump will deliver his first State of the Union address from 9 to 10:30 p.m. ET at the U.S. Capitol Building. Rep. Joe Kennedy III (D-Mass.) will deliver the Democratic response to Trump's State of the Union address.

Where was the president last week?

On Monday, President Donald Trump received his daily intelligence briefing. He also signed a continuing resolution to fund the government through February 8, 2018.
On Tuesday, Trump signed two actions relating to Section 201 of the Trade Act of 1974.
On Wednesday, Trump held a credentialing ceremony for newly appointed ambassadors to Washington, D.C. He then had lunch with Vice President Mike Pence. He also participated in a working session with mayors before leaving for Davos, Switzerland, to attend the World Economic Forum.
On Thursday, Trump attended the World Economic Forum in Davos, Switzerland. He met with U.K. Prime Minister Theresa May and Israeli Prime Minister Benjamin Netanyahu. He then met with Klaus Schwab, founder and executive chairman of the World Economic Forum. In the evening, Trump hosted a reception in the evening with world leaders and a dinner with European business leaders.
On Friday, Trump spoke at the World Economic Forum in Davos, Switzerland, and met with world leaders including Rwandan President Paul Kagame and Swiss President Alain Berset. He then departed Zurich, Switzerland, to return to the White House.

Federal Judiciary

145 judicial vacancies in life-term, Article III judicial positions
54 pending nominations
27 future vacancies to life-term, Article III judicial positions, with one pending nomination for a future vacancy.

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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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