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The Policy Tracker: July 2016
In 2015 and 2016, the Public Policy Desk on Ballotpedia produced a weekly Policy Tracker to report on major national and state public policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from July 2016.
- Public policy news for July 2016
July 25, 2016
Federal court says Texas' voter ID law violates Section 2 of Voting Rights Act
- Click to learn more about voting in Texas and voter ID laws.
On July 20, 2016, the United States Court of Appeals for the 5th Circuit ruled that Texas' voter identification law violates Section 2 of the Voting Rights Act. The case was heard by all 15 members of the court, nine of whom joined in the majority opinion. The court determined that the state's voter identification law had a "discriminatory effect" on black and Latino voters, who sometimes lack the required forms of identification. The court stopped short of striking down the law as a whole. Instead, the court ordered that election officials must "ensure that any remedy enacted ameliorates [the law's] discriminatory effect, while respecting the Texas State Legislature's stated objective to safeguard the integrity of elections by requiring more secure forms of voter identification." The appeals court also stopped short of saying whether the requirement was enacted with discriminatory intent, remanding that question to the lower court for further consideration. Texas Democrats applauded the court's decision. State Representative Trey Martinez Fischer (D) said, "The court got it right, recognizing the stink of discrimination." Meanwhile, Republicans, who controlled the state legislature at the time the requirement was enacted, defended the law. Governor Greg Abbott said, "Voter fraud is real, and it undermines the integrity of the election process. Texas will continue to make sure there is no illegal voting at the ballot box."[1][2][3]
Republican Party platform addresses high-profile environmental policy issues
- Click to learn more about environmental policy in the United States.
The Republican Party officially adopted its 2016 platform at the Republican National Convention. The platform addressed several high-profile environmental policy issues and supported the transfer of certain federal lands from federal ownership to state government ownership—though the platform did not specify which federal lands should be transferred. Such transfers are at odds with previous statements made by presidential nominee Donald Trump, who expressed support for keeping federal lands under federal ownership. The platform also opposes federal protection under the Endangered Species Act for several high-profile species, most notably the sage grouse, the prairie chicken, and the gray wolf. Addressing recent EPA regulations put forth by the Obama administration, the platform calls for eliminating expansive water regulations under the Clean Water Act and for repealing mandatory greenhouse gas reductions for power plants—commonly known as the Clean Power Plan—under the Clean Air Act. On climate change, the platform states the issue is “far from this nation’s most pressing national security issue” and calls for “dispassionate analysis of hard data” on the issue. In lieu of federal regulations, the platform endorses market-based policies to deal with environmental problems.[4]
- Click to learn more about the effect of the Affordable Care Act by state.
Covered California, the state's health insurance exchange, announced average premium increases of 13.2 percent for 2017. The increase is the largest since the exchange opened in 2014; the previous two years both saw rate increases at an average of 4 percent. Executive Director Peter Lee stated that the primary reason for the increase was the coming end of two federal programs intended to stabilize premiums. These programs, temporary risk corridors and transitional reinsurance, were established to help insurers adjust to the new market dynamics during the first few years of the Affordable Care Act's major provisions that went into effect in 2014, such as the requirement that all individuals acquire health insurance.[5]
Other factors included rising prescription drug costs and the enrollment of "substantially sicker" consumers outside of regular open enrollment periods. Lee specifically stated the increases were not due to insurer profits. The new rates came with increased pressure on the state government to act on reining in medical and prescription drug costs.[5]
The 13.2 percent increase slated for 2017 in California is still lower than the nationwide average of 22.7 percent in the 36 states that have finalized next year's rates.[5]
July 18, 2016
Federal judge strikes down Virginia law requiring convention delegates to support primary winner
- Click to learn more about Virginia's Republican delegates.
On July 11, 2016, federal Judge Robert Payne struck down a Virginia law binding convention delegates to support the winner of the state's presidential primary. The law in question conflicted with the Republican Party's primary rules, which allocated Virginia's convention delegates proportionally according to the primary vote. (Donald Trump won the contest with approximately 35 percent of the statewide vote.) The challenge to the state law was brought by Carroll “Beau” Correll, a Ted Cruz supporter, who argued that the law violated his free speech and free association rights. Correll's attorney, David Rivkin Jr., said, "Today's decision should give comfort to all delegates that they cannot be punished for voting their conscience at the Republican National Convention." Although Payne's ruling establishes that delegates cannot be subject to criminal prosecution for voting against the winner of the primary, it does not contravene Republican Party rules, which still bind Virginia's delegates proportionally.[6]
U.S. Fish and Wildlife Service to use drones to deliver vaccine-laced candy to endangered ferrets
- Click to learn more about endangered species in Montana.
The U.S. Fish and Wildlife Service announced that it would deliver vaccine-laced M&Ms via aerial drone to an endangered ferret species in Montana. The black-footed ferret species, which has been listed as endangered since 1967, has around 300 members nationwide. The vaccines are meant to protect the species from the Sylvatic plague, a bacterial disease that is lethal to ferrets and prairie dogs. Previously, Fish and Wildlife Service officials dropped vaccines on foot throughout the species’ habitat, but the agency has since developed a device to eject vaccine-laced M&Ms in several different directions. The device will be carried by drone over the Bend National Wildlife Refuge, where the ferrets are located.[7]
Regulatory board prohibits Kansans without proof of citizenship from voting in certain elections
- Click to learn more about voting in Kansas.
On July 12, 2016, the Kansas Rules and Regulations Board issued a temporary regulation prohibiting an estimated 17,000 Kansans from voting in state and local elections. The regulation applies to Kansas residents who registered to vote at local motor vehicle offices but failed to provide proof of United States citizenship at the time of registration. Kansas' Secure and Fair Elections (SAFE) Act requires voters to provide proof of citizenship at the time of registration in order to participate in state and local elections. The temporary regulation, which was recommended by Kansas Secretary of State Kris Kobach (R), came in the wake of a temporary injunction issued by federal Judge Julie Robinson in May 2016. Robinson determined that Kansas could not enforce its proof of citizenship requirement on voters who registered under the provisions of the National Voter Registration Act, also known as the "motor voter" law. According to the Lawrence Journal-World, the regulation "means that voters who fall into that category will be given a full ballot, but their ballots will be set aside as provisional ballots and will be counted after Election Day." The regulation is set to be in effect for 120 days (including November 8, the date of the general election). If a federal appeals court overturns Robinson's order, the regulation will be voided. Bryan Brown, an attorney for the Kansas State Department, said, "The legislature passed the SAFE Act. The secretary of state, as a constitutional officer, is merely attempting to enact it, per the duties put upon him by the Constitution of the State of Kansas." State Representative Jim Ward (D) opposed the regulation, saying, "I cannot believe the secretary of state would pull this kind of chicanery. It is not a coincidence that the 120th day will be the general elections."[8]
July 11, 2016
Maryland town bans fracking
- Click to learn more about fracking in Maryland.
The Friendsville Town Council in Maryland voted 5-1 to ban hydraulic fracturing ("fracking") for natural gas in the town. This is the fourth town in the state to ban fracking since 2011. The town council took up the issue because the town lies over a portion of the natural gas-rich Marcellus Shale rock formation. On June 1, 2015, a new law allowing the state to create fracking regulations went into effect. The bill set a deadline of October 1, 2016, for these new rules to go into effect. Under current law, there is a moratorium against fracking until October 2017. Maryland has had a moratorium against fracking since 2011, when the state began studying the potential impacts of fracking.[9][10]
Two western Maryland counties (Garrett and Allegany) overlie the Marcellus Shale, meaning that fracking could be practiced in the state. A 2011 executive order from Governor Martin O'Malley called for three studies to be done on the potential impacts of fracking in Maryland before any drilling could occur. The first study was released in June 2014, the second study was released in August 2014, and a draft of the third study was released in October 2014.[11][12]
Missouri governor vetoes voter ID bill
- Click to learn more about voting in Missouri.
On July 7, Missouri Governor Jay Nixon (D) vetoed legislation providing for the enactment of a photo ID requirement for voters. In a statement to lawmakers, Nixon said, "Making voting more difficult for qualified voters and disenfranchising certain classes of people is wrong." In May 2016, the Republican-controlled state legislature approved two bills. One proposed an amendment to the state constitution that would allow for the enactment of a photo ID requirement; Nixon placed this measure on the November 8, 2016, ballot. The other, which was vetoed by Nixon, was drafted to provide the legal basis for a photo ID requirement if the constitutional amendment is approved by voters. State lawmakers are scheduled to reconvene in September and may opt to override Nixon's veto, given the comfortable margins by which both bills were first passed. State Senator Will Kraus (R) said, "I do not foresee many members switching their votes on this issue. Most legislators recognize this is a common-sense measure, and I believe voter ID will be brought up during the veto session."[13]
U.S. Senate passes GMO labeling standard
- Click to learn more about environmental policy in the United States.
On July 6, the U.S. Senate passed legislation regarding the labeling of genetically modified organisms (GMOs) by a vote of 65 to 32. The legislation proposes blocking state governments from passing mandatory labeling laws for consumer products that contain GMOs. The legislation also proposes allowing food producers to have QR codes for consumers to scan with a smartphone to find out whether a product contains GMOs. The legislation comes after the Vermont Legislature passed legislation in 2013 requiring labels for food productions with GMOs; the Vermont law, the first of its kind at the state level, went into effect on July 1, 2016. Supporters of the Senate bill, which included most Republicans and some Democrats, have argued that the legislation is a compromise that allows food producers to avoid having to navigate multiple state laws. Opponents of the bill, which included most Democrats, have argued that the legislation is backed by special corporate interests and would deny the right of consumers to know the content of their food.[14][15]
July 5, 2016
SCOTUS agrees to hear North Carolina redistricting case
- Click to learn more about redistricting in North Carolina.
On June 27, 2016, the United States Supreme Court agreed to hear McCrory v. Harris, a redistricting case originating in North Carolina. Although the state's congressional district map was adopted in 2011, it has since been the source of ongoing controversy and litigation. In February 2016, a federal district court ruled that two of North Carolina's congressional districts constituted an illegal racial gerrymander. The court found that state lawmakers had placed disproportionately large numbers of black voters in these two districts, thereby diluting the impact of their votes. The district court ordered lawmakers to draft a new map within two weeks. The General Assembly of North Carolina, which is controlled by Republicans, approved a new map on February 19, 2016; the legislature also approved a bill delaying North Carolina's congressional primary from March 15 to June 7. Both bills passed along largely partisan lines, with Democrats voting against the bills and Republicans voting in favor of them. In the meantime, state officials appealed the decision to the United States Supreme Court and petitioned the high court for a stay of the lower court's ruling. Although a stay was not granted, the appeal will be heard by the high court in the coming term.[16][17][18]
Illinois governor signs six-month stopgap budget
- Click to learn more about Illinois state budget and finances.
On June 30, Illinois Gov. Bruce Rauner (R) signed a six-month stopgap budget into law after the budget cleared the Illinois State Legislature with bipartisan support. The budget’s adoption ends nearly one and a half years of stalemate between Rauner and state legislative leaders. Rauner and Illinois Democrats had been unable to pass a budget due to controversy surrounding Chicago Public Schools. The school district has struggled to remain solvent and requested additional state aid. Rauner publicly opposed funding a bailout of Chicago Public Schools, while state Democrats supported additional funding. The adopted budget guarantees that public elementary and secondary schools in Illinois will receive state funding for the entire 2016-2017 school year at at least the same funding level received during the 2015-2016 school year. The budget includes $100 million in low-income student funding earmarked for Chicago Public Schools. The state of Illinois will also contribute roughly $200 million per year to the Chicago Public Schools pension fund under the budget’s provisions. Rauner and Illinois Speaker of the House Michael Madigan (D) expressed displeasure at the failure to reach a full budget agreement and hope that the stopgap budget will lead into long-term budget reform discussions.[19][20]
U.S. Senate committee holds oversight hearing on sage grouse plans
The U.S. Senate Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining held an oversight hearing on federal plans aimed at protecting the sage grouse, a ground-dwelling bird that inhabits 11 Western states. In 2015, the U.S. Fish and Wildlife Service declined to list the sage grouse as an endangered species, promising federal conservation plans aimed at protecting the species. Republicans on the committee were critical of the U.S. Department of the Interior’s approach to working with state governments, which have implemented their own plans to protect the species over the past several years. Sen. Steve Daines (R-Mont.) said federal conservation plans so far constitute “one-size-fits-none” plans that do not take into account the varying needs of each state. Sen. Mike Lee (R-Utah) criticized the federal government’s disregard for the suggestions of state governments in formulating federal conservation plans. Sen. John Barrasso (R-Wyo.) criticized the Interior Department’s delay in creating final agency plans for the species. An Interior Department official defended the department’s actions, citing the federal government’s continual work with state governments to finalize conservation plans. The official stated that federal conservation plans are not one-size-fits-all plans but are being formulated with each state’s needs in mind.[21]
Kansas governor signs bill to fund poorer school districts
- Click to learn more about Kansas state budget and finances.
Kansas Governor Sam Brownback (R) signed legislation sending $38 million to poorer school districts in the state for the 2016-2017 school year. The legislation, which came out of a special session of the state legislature, diverts some of the funds from other areas of the budget and redistributes the rest from wealthier districts. The Kansas Supreme Court had given state lawmakers until June 30 to devise a new school funding plan or face a court-ordered shutdown of the state’s public schools. The court approved the new plan signed by Brownback on June 28. This resolved the school funding standoff that would have closed schools if lawmakers had not passed a new plan before the court’s deadline.[22][23]
See also
Public policy in the 50 states
Footnotes
- ↑ The New York Times, "Federal Court Rules Texas’ ID Law Violates Voting Rights Act," July 20, 2016
- ↑ Ballot Access News, "Fifth Circuit En Banc Panel of 15 Judges Weakens Texas Government Photo-ID Law," July 20, 2016
- ↑ United States Court of Appeals for the 5th Circuit, "Veasey v. Abbott," July 20, 2016
- ↑ Committee on Arrangements for the 2016 Republican National Convention, "Republican Platform 2016," accessed July 21, 2016
- ↑ 5.0 5.1 5.2 The Sacramento Bee, "Covered California health care premiums to jump 13.2 percent in 2017," July 19, 2016
- ↑ Richmond Times-Dispatch, "Judge strikes down Va. primary law challenged by anti-Trump convention delegate," July 11, 2016
- ↑ The Verge, "US government plans to use drones to fire vaccine-laced M&Ms near endangered ferrets," July 12, 2016
- ↑ Lawrence Journal-World, "State board limits votes of 17,000 Kansans missing citizenship proof; Kobach-initiated process called 'appalling,'" July 12, 2016
- ↑ wtop, "Western Maryland town bans fracking within its borders," July 6, 2016
- ↑ Bay Journal, "Second Western Maryland town council OKs fracking ban," July 6, 2016
- ↑ The Washington Post, "Fracking could threaten air quality, workers’ health, latest report says," August 18, 2014
- ↑ The Baltimore Sun, "UM study warns of health impacts from fracking," August 18, 2014
- ↑ The Kansas City Star, "Missouri voter ID bill is vetoed by Gov. Jay Nixon," July 7, 2016
- ↑ The Hill, "GMO labeling bill advances in Senate," July 6, 2016
- ↑ United States Senate, "U.S. Senate Roll Call Votes 114th Congress - 2nd Session," accessed July 8, 2016
- ↑ Election Law Blog, "Breaking: SCOTUS to Hear NC Racial Gerrymandering Case," June 27, 2016
- ↑ Supreme Court of the United States, "Certiorari–Summary Dispositions," June 27, 2016
- ↑ Ballot Access News, "U.S. Supreme Court Accepts Another Racial Gerrymandering Case," June 27, 2016
- ↑ Chicago Tribune, "Rauner, top lawmakers hold lengthy talks on budget impasse, Madigan 'optimistic,'" accessed July 5, 2016
- ↑ Governing, "Illinois (Kind Of) Passes First Budget in Almost 2 Years," accessed July 5, 2016
- ↑ Washington Examiner, "GOP senators slam plans for rebuilding sage grouse numbers," accessed July 5, 2016
- ↑ KMBC, "Brownback signs Kansas school funding bill," accessed July 5, 2016
- ↑ ABC News, "Kansas Supreme Court accepts latest school funding," accessed July 5, 2016
