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The State and Local Tap: 13th veto by North Carolina Gov. Roy Cooper

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October 13, 2017Issue No. 85

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Week in review
On tap next week

THE WEEK IN REVIEW

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

State Politics: The Week in Review

Ballot Measures Update

2017:

  • The 2017 statewide ballot measure count is final: 27 different measure were certified for ballots in nine different states. This is the lowest number of statewide ballot measures to be certified for the ballot in 70 years—since 1947 when there were 23 statewide measures. One measure was decided in Maine on June 13. West Virginia voters decided a measure on October 7. Louisiana voters will decide three measures on October 14. The remaining 22 measures will be on ballots for the election on November 7. In 2015, a below-average 28 measures were certified for the ballot. In 2013, there were 31 measures on the ballot. From 1987 through 2015, the average number of measures on the ballot in odd-numbered years was 51 in an average of 11 states. Since 2001, the average was 41 measures in 10 states. In the last decade the average dropped to 34 measures in eight states. The number of measures on the ballot in odd-numbered years after 1990 peaked in 1999 at 72.

2018:

Saturday, October 7

West Virginians approve $1.6 billion bond measure

  • West Virginians approved Amendment 1, a $1.6 billion bond measure. With 100 percent of precincts reporting, the unofficial vote was 72.8%-27.2%. The measure authorizes the state to issue $1.6 billion in bonds over a four-year period to pay for the construction and improvement of highways, roads, and bridges. The measure also provides for the state legislature to collect an annual state tax to pay bond principal and interest for up to 25 years.
  • Shortly after 10pm EST on October 7, Gov. Justice declared a victory of Amendment 1. Justice, who was elected as a Democrat, asked the legislature to refer a bond measure in February 2017. In August 2017, Gov. Justice announced that he was changing his party to Republican. On August 19, 2017, the executive committee of the state Republican Party passed a resolution to oppose Amendment 1. Rob Cornelius, who drafted the resolution, said the ballot measure violates the party’s platform. Gov. Justice released a statement supporting Amendment 1 after his new party’s executive committee called for its defeat. He said, "This is a [sic] not a Democrat, Republican or Independent issue. It’s about jobs, safety, your roads and bridges, and hope for our state.”

Monday, October 9

North Carolina Gov. Roy Cooper vetoes his 13th bill of the year

  • On Monday, Gov. Roy Cooper (D) vetoed Senate Bill 656 also known as the Electoral Freedom Act of 2017. According to The News & Observer, the bill would eliminate the 2018 judicial primary elections, lower the threshold to avoid a primary runoff from 40 percent to 30 percent, and ease ballot access requirements for third party and unaffiliated candidates. The bill has now been referred to the Rules and Operations Committee in the state Senate. The Legislature is expected to meet on October 16 to consider an override of Cooper’s veto.
  • Cooper issued the following statement with his veto: “This legislation abolishes a scheduled election and takes away the right of the people to vote for the judges of their choice. It is the first step towards a constitutional amendment that will rig the system so that the legislature picks everybody’s judges in every district instead of letting the people vote for the judges they want. If the legislature doesn’t like the fact that judges are ruling many of their laws unconstitutional, they should change their ways instead of their judges.” Rep. David Lewis (R) issued a statement in support of a veto override. In the press release, Lewis said, “This legislation makes needed, non-partisan reforms to our ballot access laws and gives judicial candidates the time they need to analyze any forthcoming changes to judicial maps that the General Assembly may make. I urge my General Assembly colleagues to override this misguided veto.”
  • Gov. Roy Cooper (D) has issued 13 vetoes since he first took office on January 1, 2017. The North Carolina state Legislature has used its veto-proof majorities in each chamber to override nine vetoes. Cooper has argued that five of the bills that the legislature overrode—House Bill 100, Senate Bill 68, House Bill 239, Senate Bill 257, and House Bill 770— were intended to undermine his authority as governor. Republicans, meanwhile, insist that the legislation restores power to the legislature that was previously taken away by earlier Democratic administrations.
  • Veto-proof supermajorities: Republican supermajorities in each chamber of the legislature allow Republicans to pass legislation and override gubernatorial vetoes with little intervention by Democrats. A three-fifths majority is needed in each chamber—30 votes in the Senate and 72 votes in the House— to override gubernatorial vetoes.
  • North Carolina is one of 18 states under divided government. Republicans control the state Senate by a 35-15 margin. Republicans control the state House by a 74-46 margin. Gov. Roy Cooper (D) was elected in 2016 to a four-year term.

Virginia gubernatorial candidates clash on rural development in final debate

  • On Monday, Lt. Gov. Ralph Northam (D) and former Republican National Committee Chairman Ed Gillespie (R) met for the third and final debate in the Virginia gubernatorial election. The candidates discussed a range of issues, finding common ground on the opioid crisis while presenting contrasting proposals on rural development, immigration, and the economy. The debate was hosted by the University of Virginia at Wise in the state's rural southwest, and was billed as focusing equally on issues of relevance to the state as a whole and issues of particular importance to the region. As in the previous two debates, Libertarian candidate Cliff Hyra was not invited to attend.
  • Northam and Gillespie spent much of the first half of the debate contrasting their rural development proposals. While the candidates agreed on the need to promote the development of both coal and renewable energy as well as on the usage of public-private partnerships to bring broadband to more rural Virginians, they disagreed on how best to develop rural Virginia's economy. Northam's proposal, dubbed the G3 program, would cover the cost of tuition and fees for students looking to earn a workforce training certificate or associate degree in specific areas of need. Participants would be matched with a mentor and required to commit to one year of work in the public sector, at a small business or nonprofit, or in a rural area. Northam also argued in favor of bringing what he called new-collar jobs in science, technology, engineering, math, and health to rural Virginia. Gillespie referred to his own All Virginians' Agenda for Southwest Virginia, which calls for the expansion of rural universities, the promotion of the coal and hemp industries, and the expansion of Virginia's outdoor economy and tourism sectors. In particular, Gillespie argued in favor of the introduction of graduate programs in education and cyber security to the University of Virginia at Wise and the creation of 50 new stream and water access points across the state.
  • As in the previous two debates, Northam and Gillespie disagreed on the state of Virginia's economy. Gillespie argued that the state had suffered from slow economic growth under the administration of sitting Gov. Terry McAuliffe (D) and that his proposal to cut the state income tax by 10% would bring the state's economy back on track. For his part, Northam disputed Gillespie's charge that the economy had slowed and argued that his opponent's tax proposal would leave the state government unable to fund education and public health initiatives. See Ballotpedia's assessment of economic claims made during the first debate for more.
  • Recent polling indicates a competitive election. Since the beginning of September, a total of ten polls have been released in the race. Northam and Gillespie are tied in one poll, while Northam leads in the other nine. However, Northam's lead is outside the margin of error in only two; a September 19 Quinnipiac University poll showing Northam with a 51-41 lead and an October 5 Washington Post poll reporting Northam leading 53-40. With just over three weeks remaining until the November 7 election, neither candidate is clearly ahead.
  • Because the sitting governor is a member of the Democratic Party while the Republican Party holds majorities in both houses of the legislature, Virginia is one of 18 states under divided government. A Republican victory in November's gubernatorial election would make the state a Republican trifecta. Because the sitting governor, attorney general, and secretary of state are Democrats, Virginia is one of 11 states to have a Democratic triplex. A Republican victory in either the gubernatorial or attorney general elections would lead to divided triplex status in the state. Because the secretary of state of Virginia is appointed by the governor, Republican victories in both races would give the party control of all three offices, creating a Republican triplex.

Democratic attorneys general announce intent to sue over Clean Power Plan rollback

  • On Monday, two Democratic attorneys general announced their intent to file lawsuits challenging Environmental Protection Agency Administrator Scott Pruitt's decision to roll back the Clean Power Plan. Attorneys General Maura Healey of Massachusetts and Eric Schneiderman of New York challenged the decision, joined on Tuesday by Attorney General George Jepsen of Connecticut. Although he did not commit to a lawsuit, Attorney General Xavier Becerra of California also indicated that he was willing to pursue legal action against the administration.
  • First issued by the Environmental Protection Agency under President Barack Obama in August 2015, the Clean Power Plan is a regulation requiring reductions in carbon dioxide emissions, setting targets for each state based on existing emissions levels and implementing federal standards regulating emissions levels from electrical generators. The plan would have required each state to submit plans to meet emissions targets to the EPA for final approval, but was put on hold indefinitely pending a legal challenge in February 2016. Following an executive order from President Trump issued in March, EPA Administrator Scott Pruitt announced on Tuesday that the plan would be repealed, citing concerns over the agency's authority to enforce the regulations it contained.
  • The day before the plan's repeal was formally unveiled, Attorneys General Eric Schneiderman of New York and Maura Healey of Massachusetts announced that they would sue in the event of a repeal, citing public health concerns and challenging the legality of the Trump Administration's decision to roll back the regulation. They were joined the day after by Attorney General George Jepsen of Connecticut, who argued that the decision to repeal the plan would put his state's shoreline at risk due to rising sea levels.

Tuesday, October 10

Republicans win Florida state House special election and retain seat that voted for Clinton in 2016

  • Republican Bobby Olszewski won the special election to fill Florida House of Representatives District 44, an Orlando-area seat that voted for Hillary Clinton (D) over Donald Trump (R) in the 2016 presidential election by 6.2 points. The district also elected a Republican to the state House in 2016. According to unofficial results, Olszewski received 55.7 percent of the vote and his Democratic challenger Eddy Dominguez received 44.3 percent. Dominguez appeared on the ballot as Paul Chandler, the previous Democratic candidate who qualified to run. Chandler withdrew from the race in September after a lawsuit was filed challenging his Florida residency and eligibility to run. Because some ballots had already been mailed out at the time of his withdrawal, Chandler’s name still appeared on the ballot, even after Dominguez was appointed to run in his place.
  • Olszewski won a tightly-contested Republican Primary on July 25 by less than 100 votes. There was no Democratic Primary held because Paul Chandler was the only candidate who qualified to run. The seat became vacant in May 2017 following the resignation of Republican incumbent Eric Eisnaugle. He was appointed to the Florida Fifth Circuit Court of Appeal by Gov. Rick Scott (R). Eisnaugle was not opposed by a Democratic candidate in the 2014 or 2016 elections.
  • Also on October 10, a special Republican Primary was held in the race to fill state House District 58, a seat that was vacated by Republican Dan Raulerson in August. Lawrence McClure defeated Yvonne Fry in the primary with 54.9 percent of the vote, according to unofficial results. McClure will face Democrat Jose N. Vasquez Figueroa, Libertarian Bryan Zemina, and independent Ahmad Hussam Saadaldin in a special election on December 19 to decide control of the seat.
  • Republicans will have a 77-41 majority in the Florida state House once Olszewski is sworn in. They also control the state Senate and the governor’s office, making Florida one of 26 Republican trifectas.

Primary elections held to fill vacant seats in the Massachusetts House

  • Primary elections were held for two vacant seats in the Massachusetts House of Representatives on October 10. The elections were held for the First Berkshire District and the Third Essex District.
  • First Berkshire District: John Barrett III has defeated Lisa Blackmer, Stephanie Bosley, and Kevin Towle in the Democratic primary for the First Berkshire district in the Massachusetts House of Representatives. Christine Canning was unopposed in the Republican primary. Barrett and Canning will face off in the special election on November 7.
    • The seat became vacant on June 17, 2017, when Gailanne Cariddi (D) died from cancer. Cariddi was unopposed in the 2016 election.
  • Third Essex District: Andy Vargas has defeated Paul Magliocchetti in the Democratic primary for the Third Essex district in the Massachusetts House of Representatives. Shaun Toohey was unopposed in the Republican primary. Vargas and Toohey will face off in the special election on November 7.
    • The seat became vacant on July 19, 2017, after Brian Dempsey (D) resigned to join a Boston lobbying firm. Dempsey was unopposed in the 2016 election.
  • Massachusetts is one of 18 states under divided government. With two vacancies, Democrats control the state House by a 123-34 majority with one independent member. Democrats control the state Senate by a 32-6 majority with two vacancies. Gov. Charlie Baker (R) was elected to a four-year term in 2014.

State Rep. Jose Oliva (R) named as Florida state House speaker following 2018 elections

  • Florida House Republicans formally selected State Rep. Jose Oliva (R) as the next state House speaker following the 2018 elections, provided that he is re-elected and that Republicans maintain their majority in the chamber. He will take over from current House Speaker Richard Corcoran (R). Oliva is from the Miami-area and, according to the Tampa Bay Times, he will be the first Florida House speaker from the Miami-area since now-U.S. Senator Marco Rubio (R) served as speaker from 2006 to 2008.
  • Because Florida House members are limited to four terms in office, House speakers are typically selected to serve during their last two-year term before being prevented from seeking re-election. Speakers are also selected several years in advance, with State Rep. Chris Sprowls (R) expected to serve after the 2020 elections and State Rep. Paul Renner (R) expected to serve after the 2022 elections. Oliva was first elected in a 2011 special election, but his time in office did not begin counting against his term limits until 2012, the first regular election that he won.
  • Florida Republicans currently have a 76-41 majority in the chamber. They also control the state Senate and the governor’s office, making Florida one of 26 Republican trifectas.

Fiscal policy dominates first New Jersey gubernatorial debate

  • On Tuesday, former Ambassador to Germany Phil Murphy (D) and Lt. Gov. Kim Guadagno (R) met in Newark for the first of two general election debates in the New Jersey gubernatorial election. Much of the debate was dominated by discussion of fiscal policy, although the candidates also addressed their stances on immigration and marijuana.
  • Both Murphy and Guadagno referred to their plans to lower the state's property tax rates, which the New York Times reported were the highest in the nation in March. Guadagno promoted her circuit breaker property tax credit plan, which would cap the portion of property taxes set aside for education at five percent of a household's annual income. Households taxed above that rate would receive a tax credit to offset the difference, while the state government would increase aid to school districts to compensate for the loss in revenue. Murphy countered by arguing in favor of increasing state aid to schools directly, allowing localities to take action themselves to lower property taxes, asserting that sitting Gov. Chris Christie (R) had decreased state education funding by $9 billion since taking office.
  • Another topic of discussion was the interest arbitration cap, a policy which prohibits police officers and firefighters from receiving any more than a two percent raise as a result of arbitration with local governments. The cap was first implemented in 2011 and was extended in 2014, but is set to expire on December 31, 2017. Guadagno argued in favor of the cap's renewal, arguing that it was responsible for billions of dollars in savings. Murphy stated that he had not yet come to a final decision on whether to support renewal.
  • Outside of fiscal policy, two major points of discussion were immigration and marijuana. Murphy criticized the decision to end the Deferred Action for Childhood Arrivals program, a federal initiative allowing individuals brought to the United States as children to obtain temporary waivers preventing them from being deported so long as they meet specific criteria. Guadagno spoke in favor of the program's elimination, citing public safety concerns. Both candidates argued against the state's current laws regarding marijuana, with Guadagno calling for the decriminalization of the drug and Murphy supporting legalization for recreational use.
  • Gubernatorial debates in New Jersey are sponsored by the Election Law Enforcement Commission, an independent agency of the state government responsible for the monitoring and enforcement of campaign finance regulations. In order to qualify for a spot in the debates, candidates were required to submit proof before September 1 that they had raised and either spent or committed to spending at least $430,000 over the course of the general election cycle. This year, Murphy and Guadagno were the only two candidates out of the seven who will appear on the ballot to qualify for slots in the debates. Murphy and Guadagno will meet for one additional debate at William Paterson University on October 18. In addition, lieutenant gubernatorial nominees Assemblywoman Sheila Oliver (D) and Woodcliff Lake Mayor Carlos Rendo (R) will meet for a debate at Montclair State University on October 16.
  • Recent polling indicates that Murphy is leading Guadagno. Of the four polls released since the beginning of September, each has shown Murphy with a lead outside the margin of error, ranging from the 58-33 lead reported in a September 13 Quinnipiac University poll to the 42-29 lead reported by a September 20 FOX News poll.
  • Because the sitting governor is a Republican while the Democratic Party holds majorities in both houses of the legislature, New Jersey is one of 18 states to be considered to be under divided government. A Democratic victory in the gubernatorial election would make the state a Democratic trifecta. Because the sitting governor and secretary of state are Republicans and the sitting attorney general was appointed by a Republican governor, New Jersey is considered to be one of 23 Republican triplexes. Because the governor of New Jersey has the power to appoint the secretary of state and the attorney general, a Democratic victory in the gubernatorial election would cause the state to become a Democratic triplex.

Colorado Supreme Court strikes down state human smuggling law

  • The Colorado Supreme Court ruled that the Immigration and Nationality Act (INA), which comprises the body of federal immigration law, preempts Colorado's human smuggling law. The court relied on the principles set forth in the United States Supreme Court's 2012 ruling in Arizona v. United States, which held that federal immigration law preempted most of Arizona's state immigration law. In applying those principles, the Colorado Supreme Court found that the INA made clear Congress' intent to regulate human smuggling at the federal level and that Colorado's law "stands as an obstacle to the accomplishment and execution of" federal immigration law.
  • Colorado's law was passed in 2006 and made it a class 3 felony to knowingly transport individuals into or through the United States or state of Colorado in violation of federal immigration law.
  • Colorado Attorney General Cynthia Coffman (R) said she planned to appeal the decision to the U.S. Supreme Court, stating, "Colorado’s human smuggling law was not designed to interfere with federal immigration policy, unlike some other state laws that have been struck down by courts."

Wednesday, October 11

Amid budget talks, Connecticut’s largest teachers’ union sues state over education cuts

  • The Connecticut Education Association—the state’s largest teachers’ union—filed a lawsuit on October 11 claiming that education cuts that went into effect on October 1 would prevent schools from providing an adequate education for students. Connecticut’s school funding has previously been challenged in the courts for being too low. The October 1 cuts were mandated by an executive order signed by Gov. Dan Malloy (D). Malloy has been using the order to fund state programs at reduced levels since the General Assembly failed to pass a budget by the beginning of the 2018 fiscal year on July 1. As of October 12, Democratic and Republican state legislators were engaged in budget negotiations to try to reach a bipartisan compromise.
  • On October 10, House Speaker Joe Aresimowicz (D) said that the talks were promising and that he expected an agreement to be reached. Senate President Martin Looney (D) said that one of the main issues in the negotiations is developing a formula for education cost sharing payments. According to CT News Junkie, some legislative staffers involved in the negotiations expressed doubt that a deal will be reached.
  • The education funding cuts caused 139 of Connecticut’s 169 towns and cities to see their state aid either reduced or eliminated. The 30 poorest school systems, known as Alliance Districts, did not see a change in funding compared to previous years. The payments to the towns and cities varied, with some systems receiving as little as $7,000 in aid and others seeing up to $200 million.
  • Democrats currently have a 79-72 advantage in the state House and effectively control the 18-18 divided state Senate because Lieutenant Gov. Nancy Wyman (D) can cast tie-breaking votes. Connecticut is one of six Democratic trifectas.

Story background:

  • Connecticut has not had a budget in place for over three months. The impasse began when lawmakers were unable to agree to a two-year budget plan to close the state’s projected $5.1 billion budget deficit before the 2018 fiscal year began on July 1. Without a budget in place, Gov. Malloy has been funding state services at reduced levels via an executive order. This is the longest period of time Connecticut has ever gone without a budget in place.
  • The budget was not passed on time due to disagreements between Malloy and the Democratic-controlled General Assembly, disagreements among members of the majority Democratic caucus, and disagreements between Democratic and Republican legislators. Issues include the state’s income and sales taxes, relations with the state employees unions, funding for social services, and state aid for municipalities and education.
  • The competitive nature of Connecticut politics has further complicated budget discussions. The two parties have nearly equal numbers in both legislative chambers, and control of the state will be up for grabs in 2018. Both chambers have enough competitive seats in 2018 to swing control of the General Assembly to either party.
  • The governor’s race is also expected to be competitive. Malloy is near the end of his second term as governor and has registered an approval rating as low as 29 percent. In April 2017, he announced that he would not seek a third term in office. Before Malloy was elected in 2010, Connecticut had had a Republican governor since 1994. Malloy saw margins of victory of less than 5 percent in his 2010 and 2014 elections to the office. Cook Political Report has rated the 2018 election as a “Toss-up.”
  • On October 3, Connecticut House Republicans were unable to override Gov. Dan Malloy’s (D) veto of a budget that passed the General Assembly with support from all Republicans and eight Democrats. Republicans, who are in the minority in both legislative chambers, needed 101 votes in the state House and 24 votes in the state Senate—a two-thirds majority—to override the veto.
  • The Republican budget originally passed on September 16. Five House Democrats and three Senate Democrats joined with all Republicans in both chambers to pass it. The budget included $40.7 billion in spending over the FY2018-2019 biennium. Malloy vetoed the proposal on September 28, citing its funding reductions for higher education and other state programs as one of the reasons.
  • The General Assembly ratified a labor concessions agreement on July 31. The concessions deal amended the state’s agreement with state employee unions to allow for wage freezes and increased pension contributions while also extending the labor agreement from 2022 to 2027. Proponents say that the concessions deal will save the state $1.57 billion in two years, decreasing the projected two-year budget deficit from $5.1 billion to $3.5 billion. The deal passed the Connecticut House on July 24 in a 78-72 vote with most Democrats in support and all Republicans opposed. On July 31, the Connecticut Senate had an 18-18 party line split on the vote, with all Democrats in favor and all Republicans opposed. Lieutenant Gov. Wyman cast a tie-breaking vote in favor of the deal.


Friday, October 13

Louisiana voters, time to choose your judges

  • On Saturday, October 14, voters in Louisiana will elect two judges to the Louisiana Circuit Courts of Appeal. Democratic Judge Tiffany Gautier Chase and Democratic Judge Tracey Flemings-Davillier will face off for an open seat on the Louisiana Fourth Circuit Court of Appeal. The seat was formerly held by Judge Paul Bonin, who was elected to a local judgeship in 2016. Chase has served as a judge on the Orleans Parish Civil District Court (Division A) since 2007. Flemings-Davillier has served as a judge of the Orleans Parish Criminal Court since 2012.
  • Republican Sharon Marchman and Independent James Stephens will face off for an open seat on the Louisiana Second Circuit Court of Appeal. The seat was formerly held by retired Judge John Larry Lolley. Marchman has served as the juvenile/drug court judge for the 4th Judicial District, Division B, since 2000. Stephens is currently the chief judge of the 5th Judicial District. He has served on that court since 2007.
  • There are 53 justices on the five Louisiana Courts of Appeal, each elected to 10-year terms. Judges of the Louisiana Circuit Courts of Appeal are elected in partisan elections. Once elected, judges serve 10-year terms. Vacancies are filled via special elections. The judge elected at the special election will serve the remainder of the unexpired term. On each of the five courts, the judge who has served the longest is named the chief judge.

Special Elections

As of this week, 50 state legislative seats have been filled through special elections in 2017, and another 41 special elections have been scheduled in 14 states. Elections have been held for 20 Democratic seats and 30 Republican seats. Democrats have flipped eight seats as a result of special state legislative elections in 2017. Republicans have flipped one seat. In special elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country each year. The number of net seats won and lost by Democrats and Republicans in state legislative special elections in 2017 has, so far, been similar to prior years.

  • An average of 89 seats were filled through special elections in each of the past three odd years (2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

October 17

Verbatim Fact Checks

West Virginia Attorney General Patrick Morrisey and U.S. Rep. Evan Jenkins are running in the Republican primary for the chance to challenge Democratic Sen. Joe Manchin in 2018. A Jenkins campaign ad claims that Morrisey was #NeverTrump and refused to endorse the presumptive GOP nominee for 70 days following the West Virginia primary.

Determining whether Jenkins' claims are true requires tangible evidence. When asked to provide it, the Jenkins' campaign referred to content in the ad. However, that content does not support Jenkins’ claims against Morrisey.

The Jenkins’ ad refers repeatedly to the fact that Morrisey in 2016 ran as an unbound delegate to the GOP convention. Being an unbound delegate does not equate in any way to being #NeverTrump or to refusing to endorse Donald Trump.

Local Politics: The Week in Review

Elections Update

Monday, October 9

San Diego City Council approves emergency measures to combat hepatitis outbreak

  • The San Diego City Council unanimously approved two city contracts for services aimed at stemming a recent outbreak of hepatitis A in the city. The council authorized city officials to contract with a security service to provide armed protection at four portable public restrooms often frequented by the homeless. The second contract is for sanitizing streets and sidewalks in specific areas of the city. Both measures are designed to mitigate unsanitary conditions. San Diego also opened a temporary camping area for the homeless on city property, which includes around-the-clock security and bathroom facilities. The city is responding to an order from the county health department to take immediate action to halt the spread of the disease, which has caused 18 deaths. On October 13, Mayor Kevin Faulconer announced an additional program designed to increase the vaccination rate among residents most at risk for hepatitis A by having firefighters partner with nurses to administer the vaccines in targeted areas of the city. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.

Tuesday, October 10

School board member connected to alleged $700,000 embezzlement from charter school resigns before judge rules on recall petition

  • Analee Maestas resigned from her position as the District 1 representative on the Albuquerque Public Schools Board of Education in New Mexico just before a judge was scheduled to rule on a recall petition filed against her. If the petition had been cleared by the judge, recall supporters would have had to collect 208 signatures from registered voters in the district to get the recall on the ballot. A recall effort was pursued against Maestas on September 22, 2017, after the state auditor released a report claiming that nearly $700,000 had been embezzled from La Promesa Early Learning Center, a charter school Maestas founded in 2008 and where she served as executive director until September 2016.
    • The report accused Maestas’ daughter, who was the former assistant business manager of the school, of diverting approximately $500,000 into her personal bank account between June 2010 and July 2016. The report also said that Maestas’ daughter deposited an additional $177,000 in questionable checks to her personal bank account. Both incidents had been referred to local law enforcement and are under investigation. Maestas denied having any knowledge of the alleged embezzlement and said her daughter had substance abuse problems.
    • New Mexico Attorney General Hector Balderas (D) had demanded Analee Maestas’ resignation in a letter dated September 25, 2017. Balderas stated that the state constitution did not require her to be charged with a crime in order to be considered unfit to hold a public office and said he would take legal action if she did not resign. Maestas’ attorney had responded to Balderas’ letter by stating that she had not violated her oath of office and that the attorney general was wrong to suggest she had.
    • The Albuquerque Board of Education has 45 days to appoint a replacement for Maestas, who was elected in 2015. The district held general elections for three school board seats on February 7, 2017, and will next hold elections in 2019. The Albuquerque Public Schools Board of Education is the largest school district by enrollment in New Mexico and served 93,001 students during the 2014-2015 school year—approximately 27.5 percent of all public school students in the state.

Raleigh Mayor McFarlane finishes first in general election, but faces possible runoff

  • The city of Raleigh held municipal general elections for mayor and all seven seats on the city council. Incumbent Nancy McFarlane finished first with 48.45 percent of the vote but did not receive a majority. Attorney Charles Francis was second with 36.7 percent of the vote, and can request a runoff under state law. He has until noon on October 19, 2017, to request that runoff, which would take place on November 7, 2017. Francis has said that he will announce his decision on October 16. McFarlane is seeking her fourth two-year term and had received a majority of the vote in each of her three previous mayoral general election campaigns dating back to 2011. Before 2017, her lowest vote percentage in a mayoral election was 61 percent. She received greater than 73 percent of the vote in 2013 and 2015.
    • The city also held municipal elections for all seven seats on the city council. At-large Councilwoman Mary-Ann Baldwin decided not to run for a sixth two-year term, but all other city council incumbents ran for re-election. Five of those six incumbents won re-election outright by receiving a majority of the vote. In District E, Stef Mendell was fewer than 50 votes shy of getting a majority against incumbent Bonner Gaylord. In the lone open-seat race for an at-large seat, Nicole Stewart did not receive a majority of the votes cast, and thus could have faced a runoff against Stacy Miller. On Thursday, Gaylord and Miller both announced that they would not request a runoff in their respective races, meaning that Mendell and Stewart were elected to the council. Raleigh is the second-largest city in North Carolina and the 43rd-largest city in the U.S. by population.

Field set for Durham mayor and council general elections

  • The city of Durham held primary elections for mayor and three of six other members of the city council. Incumbent Bill Bell, who was first elected in 2001, opted not to run re-election. At-large Councilman Steve Schewel finished atop the seven-candidate field with just over 51 percent of the vote. Farad Ali received 29 percent in finishing second, and will face Schewel in the general election on November 7, 2017.
    • In the city council elections, neither of the two incumbents running for re-election finished first in their respective primaries. Ward 3 Councilman Don Moffitt finished third and was therefore defeated in his bid for a second term. Challenger Vernetta Alston received just over 50 percent of the vote to finish first, and Shelia Ann Huggins finished 5 percent ahead of Moffitt to take second with just under 27 percent. In the Ward 1 race, challenger DeDreana Freeman finished first ahead of incumbent Cora Cole-McFadden, although both advanced to the general election ahead of two other candidates. There was an open-seat contest in the Ward 2 race, as councilman Eddie Davis did not seek re-election. Mark-Anthony Middleton and John Rooks Jr. finished first and second, respectively, to advance from the primary. General elections for the mayor and city council races in Durham will take place on November 7, 2017. Durham is the fourth-largest city in North Carolina and the 82nd-largest city in the U.S. by population.

Incumbents take top spots in all but one primary election in Greensboro, North Carolina

  • Primary elections were held for mayor and all eight seats on the city council in Greensboro, North Carolina. The top two finishers in each race advanced to general elections on November 7, 2017. Incumbents ran for re-election in all nine contests, and every one of them finished either first or second. Mayor Nancy Vaughan won 61 percent of the primary vote to advance to a general election against second-place finisher Diane Moffett, who received 22 percent. In 2015, Vaughan became the first Greensboro mayor to win re-election since 2005 and is now seeking her third two-year term.
    • In the city council contests, incumbents Yvonne Johnson, Marikay Abuzuaiter, and Mike Barber were the top three vote recipients among the 15 candidates running for the three at-large seats, although Barber was ahead of fourth-place finisher Michelle Kennedy by just 11 votes based on election night results. Among the five district races, four incumbents finished first in their primaries, and all by margins of greater than 33 percent. District 4 Councilman Tony Wilkins was the only incumbent to finish second in the primary, receiving 43 percent of the vote compared with challenger Tammi Thurm’s 46 percent. Greensboro is the third-largest city in North Carolina and the 68th-largest city in the U.S. by population.

Newton wins Democratic nod in primary runoff for Charlotte City Council

  • A primary runoff election, or second primary as it’s referred to in North Carolina, was held for the Democratic Party nomination for the District 5 seat on the Charlotte City Council. Matt Newton defeated Darrell Bonapart 57 percent to 43 percent to win the Democratic nod for this open seat, as incumbent Councilwoman Dimple Ajmera is running for an at-large seat. Since no other candidates filed for the race, Newton will be elected unopposed in the general election on November 7, 2017. Bonapart finished first in the Democratic primary for this seat on September 12, 2017, with 35 percent of the vote, but was forced into this runoff because no candidate received greater than 40 percent. None of the other city council races, nor the mayoral race, required a primary runoff election. Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.

Wednesday, October 11

Cook County soda tax repealed

  • The Cook County Board of Commissioners in Illinois repealed its one-cent-per-ounce tax on sweetened beverages, effective December 1, 2017, which is the start of the county’s new fiscal year. The final vote to repeal the tax was 15-2; 11 votes were needed to rescind the ordinance. Cook County adopted the tax in 2016, which applied to all sweetened beverages, including regular and diet soda, sports drinks, pre-packaged coffees and teas with added sugar or artificial sweeteners, and energy drinks. Due to legal challenges, the implementation of the tax was delayed until August 2017. The county commission had approved the tax in 2016 after board president Toni Preckwinkle cast a tie-breaking vote in favor of the measure. Proponents argued that the tax would discourage consumption of sweetened beverages and promote better health among city residents. Opponents contended that the measure would cost the county jobs in the retail and beverage industries and hurt low-income consumers. Preckwinkle stated that the county would have to make difficult decisions to offset the $200 million in revenue the beverage tax was expected to generate for the county in the upcoming fiscal year. The county’s 2018 fiscal year preliminary operating budget is $4 billion. Cook County is the largest county in the state of Illinois and is home to the city of Chicago. The president and all 17 members of the county board of commissioners are up for election in 2018.

Outgoing Mayor Reed endorses Councilwoman Keisha Bottoms in Atlanta

  • Term-limited Atlanta Mayor Kasim Reed announced his endorsement of District 11 Councilwoman Keisha Bottoms in the November 7 nonpartisan general election for mayor. Bottoms is an attorney and the former executive director of the Atlanta and Fulton County Recreation Authority. A poll conducted by WSB-TV on October 7-8, 2017, of 750 respondents found that Bottoms was the second-most preferred choice among the 13 candidates in the race. At-large Councilwoman Mary Norwood led in multiple polls after the summer but remained shy of the 50 percent majority needed to win the election outright. If no candidate receives a majority of the vote on November 7, the top two vote recipients will advance to the runoff election on December 5, 2017. Reed was first elected mayor in 2009 and defeated Norwood in a runoff in 2013 to win re-election. Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

Chicago adopts proposal to refinance $3 billion in debt

  • The Chicago City Council voted 43-5 to adopt a securitization plan to refinance $3 billion in debt at lower interest rates than are available to the city currently. To accomplish this, the city will transfer the rights to $661 million in annual sales tax revenue to a separate legal entity to facilitate payments on the new debt. The establishment of this dedicated revenue stream is intended to make the repayments on any newly-issued debt more secure and thus more attractive to bondholders, which would in turn permit the city to offer the bonds at a lower interest rate. The most recent general obligation bonds issued by the city were at 6.25 percent, since its’ bond rating is considered below investment grade. Proponents of the plan, including Mayor Rahm Emanuel, stated that refinancing the city’s debt in this way will result in both cost savings and an improvement to the city’s credit rating. Opponents of the proposal said that they wanted more time to review the plan and more acknowledgment that the city was addressing the impacts of its current level of long-term debt. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.

Thursday, October 12

Two Seattle City Council members announce proposed business tax to help homeless

  • Two members of the Seattle City Council released a proposal to assess a tax on large businesses in the city to fund both short-term and long-term housing options to help homeless residents. The proposal by District 6 Councilman Mike O’Brien and newly-appointed District 8 Councilwoman Kirsten Harris-Talley would impose a tax of 4.8 cents per hour per employee and would only apply to businesses that generate more than $5 million annually in gross revenue. That rate would generate $100 in tax revenue for each employee who works 40 hours per week for 52 weeks. Harris-Talley issued a statement saying that large companies in the city are both the biggest beneficiaries of Seattle’s economic growth and the best able to contribute to measures that would increase the amount of affordable housing. Business groups, including the Seattle Metropolitan Chamber of Commerce, criticized the proposal as another tax on businesses, and they questioned why additional funds are needed after the city passed a $290 million property tax levy in 2016 to be used for low-income housing. Both mayoral candidates, Cary Moon and Jenny Durkan, said they looked forward to considering the proposal during the city’s upcoming budget process. Seattle is holding general elections for mayor and two at-large seats on the city council on November 7, 2017. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
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WHAT'S ON TAP NEXT WEEK

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

State Politics: What's On Tap Next Week

Saturday, October 14

Two special elections for vacant seats in the Louisiana House

  • Two special elections will be held on October 14 for two vacant seats in the Louisiana House of Representatives. The elections are being held for vacant seats in District 58 and District 77.
  • District 58: Miguel Aubert (D), Ken Brass (D), Adrienne Ricard Conish (D), and Alsie Dunbar (D) will face off in the special election. The seat became vacant following Ed Price's (D) election to the Louisiana State Senate. Price was re-elected in 2015 in the blanket primary with 55 percent of the vote.
  • District 77: Rob Maness (R), Casey Revere (R), Mark Wright (R), and Lisa Condrey Ward (no party) will face off in the special election. The seat became vacant following John Schroder's (R) resignation on June 16, 2017. Schroder was unopposed in the 2015 blanket primary and was re-elected.
  • Louisiana is one of 18 states under divided government. With two vacancies, Republicans control the state House by a 60-40 majority with three independent members. Republicans control the Senate by a 25-14 majority. Gov. John Bel Edwards (D) was elected to a four-year term in 2015.

Voters in Louisiana to decide three constitutional amendments on October 14

  • Voters in Louisiana will decide the fate of three constitutional amendments related to taxes. The amendments each required a two-thirds vote in both chambers of the Louisiana State Legislature during the 2017 legislative session to make the ballot.
  • Amendment 1 would exempt construction projects from property taxes until construction is completed. According to the Public Affairs Research Council of Louisiana, many parish assessors alreadu interpret a commission rule as meaning that buildings under construction are not assessed and taxed. However, this interpretation of a commission rule is not constitutional law. Amendment 1 would create a constitutional requirement that buildings under construction not be assessed and taxed. The state Senate voted unanimously to refer the amendment. In the state House, two Republicans and two Democrats voted against the amendment, while the remaining 58 Republicans and 39 Democrats voted for it. Protect LA Taxpayers, a PAC registered to support Amendment 1, has raised $325,000 to campaign for the measure.
  • Amendment 2 would provide a property tax exemption for the residence homes of surviving spouses of emergency responders, such as EMTs, firefighters, and law enforcement officers, killed while performing duties. No members of the state legislature voted against referring the amendment, although four House Democrats, seven Senate Democrats, and 11 Senate Republicans abstained from voting on the measure.
  • Amendment 3 would place revenue from new taxes on gasoline, motor fuels, or special fuels created on or after July 1, 2017, in a Construction Subfund for transportation infrastructure projects. During the 2017 legislative session, there were five bills introduced to increase the state taxes on fuels. None of the bills became law. Therefore, there is no existing tax revenue to go into the Construction Subfund as of the October 14 election. However, any taxes on fuels approved in 2018 or later would be placed in the Construction Subfund. The amendment received unanimous support in the state Senate. In the state House, one member, Rep. Steven Pylant (R-20), voted against referring the amendment to the ballot.
  • The average number of amendments to appear on an odd-year ballot in Louisiana between 1996 and 2016 was four or five; therefore, the 2017 ballot, with three amendments, is one measure below the 20-year average. Since 1996, the Louisiana State Legislature has referred 160 constitutional amendments to the ballot for voters consideration. Voters have approved 116, or 72.5 percent, of them.

Two state executive positions on the ballot in Louisiana special elections

  • This Saturday, voters in Louisiana will select successors to two interim state executive officials in a special election.
  • Elections in Louisiana follow a unique system reminiscent of a top-two or blanket primary system. In Louisiana elections, all candidates are featured on the same primary ballot regardless of party affiliation. If one candidate receives a majority of the vote during the first round of voting, that candidate wins the election outright. If no candidate receives a majority, then the top two candidates advance to a runoff election. This is not to be confused with the top-two primary system in place in California and Washington, in which the top two candidates always advance to a second round of voting regardless of whether the top finisher received a majority of the vote.
  • Voters statewide will elect a new state treasurer following the resignation of John Neely Kennedy (R) after his election to the U.S. Senate last December. Voters will choose from among Derrick Edwards (D), Neil Riser (R), John Schroder (R), Angele Davis (R), Terry Hughes (R), and Joseph Little (Lib) to fill the remainder of Kennedy's term, which lasts until the 2019 elections. The treasurer is responsible for the investment and disbursement of state funds as well as the return of unclaimed property, and is popularly elected every four years. The position is currently held by Ron Henson (R) on an interim basis.
  • In addition, voters in Public Service District 2 will elect a new Public Service Commissioner. Former commissioner Scott Angelle resigned in May after being appointed by President Trump to a position in the Bureau of Safety and Environmental Enforcement. Voters will select interim Commissioner Damon Baldone (R), Craig Greene (R), or Lenar Whitney (R) to fill the remainder of Angelle's term, which will expire at the end of 2018. The five-member Public Service Commission is responsible for the adoption and enforcement of regulations related to utilities and transportation in the state. Members are elected to six-year terms representing single-member districts.
  • Because the governor is a Democrat while the Republican Party controls majorities in both houses of the state Legislature, Louisiana is one of 18 states under divided government. Similarly, since the governor is a Democrat while the secretary of state and attorney general are Republicans, Louisiana is also one of 16 states to be under divided triplex control.

Monday, October 16

West Virginia special session to be held following approval of bond measure

  • Governor Jim Justice (R) announced on October 9 that he is calling the legislature into special session, scheduled to begin on October 16, in order to expedite his $3 billion program funding highway, road, and bridge construction and improvements. With the roads program moving forward, State Transportation Secretary Tom Smith stated that there are about 500 positions to fill in the West Virginia Department of Highways. Justice is tasking legislators with passing bills that would streamline the hiring process for the Department of Highways.
  • One element of the transportation funding program was Amendment 1, a $1.6 billion bond measure approved by about 73 percent of voters on Saturday. The measure also allows the state legislature to collect an annual state tax to pay bond principal and interest for up to 25 years. The executive committee of the state Republican Party passed a resolution to oppose Amendment 1. Rob Cornelius, who drafted the resolution, said the ballot measure violates the party’s platform. In response to the resolution, Gov. Justice said, "This is a [sic] not a Democrat, Republican or Independent issue. It’s about jobs, safety, your roads and bridges, and hope for our state.”
  • West Virginia is one of 26 Republican state government trifectas. Republicans hold a 22-12 majority in the state Senate. With one vacancy, Republicans have a 62-36-1 majority in the state House. Gov. Justice was elected as a Democrat to a four-year term in 2016. He switched his affiliation to the Republican Party on August 3, 2017.

Tuesday, October 17

Special election to be held for a vacant Democratic seat in the Massachusetts Senate

  • A special election will be held for a vacant seat in the Bristol & Norfolk District in the Massachusetts State Senate. Paul Feeney (D), Jacob Ventura (R), and Joe Shortsleeve (independent) will face off in the special election. Feeney has been endorsed by Sen. Bernie Sanders (D) and U.S. Rep. Joseph Kennedy III (D). Ventura has been endorsed by Gov. Charlie Baker (R) and state Reps. Steven Howitt (R) and Shawn Dooley (R).
  • The seat became vacant on April 28, 2017, when James Timilty (D) resigned to become Norfolk County treasurer. Timilty was unopposed in the 2016 election.
  • Massachusetts is one of 18 states under divided government. With two vacancies, Democrats control the state House by a 123-34 majority with one independent member. Democrats control the state Senate by a 32-6 majority with two vacancies. Gov. Charlie Baker (R) was elected to a four-year term in 2014.

Thursday, October 19

Obama to campaign with Northam in Virginia

  • Former President Barack Obama will make his first campaign appearance since leaving office, hosting a rally with Ralph Northam, Virginia’s lieutenant governor and candidate for governor. Northam is one of a handful of politicians Obama has endorsed this year. In 2016, he endorsed 161 candidates for office.

Local Politics: What's On Tap Next Week

Saturday, October 14

Eighteen candidates look to succeed Mayor Landrieu in New Orleans

  • A primary election will be held for the open mayoral seat and all seven seats on the city council in New Orleans. Eighteen candidates are running to replace term-limited incumbent Mitch Landrieu (D) in the mayor’s race. City Councilwoman LaToya Cantrell (D), Municipal Judge Desiree Charbonnet (D), and former Municipal Judge Michael Bagneris (D) have been the top three candidates in each of the five polls conducted on this race since early August. Those three also reported the most campaign contributions and expenditures through September 24, 2017, according to campaign finance reports. If no candidate receives more than 50 percent of the vote, the top two finishers will advance to a general election on November 18, 2017.
    • In the council races, Democrats have held all seven seats on the New Orleans City Council since 2007 and will maintain control after the election with only three seats contested by Republican or independent candidates. Four incumbents are seeking re-election, and none of them are running unopposed. There are three open-seat races, as District B Councilwoman LaToya Cantrell (D) is running for mayor and at-large Councilwoman Stacy Head (D) and District A Councilwoman Susan Guidry (D) were unable to seek re-election due to term limits. Four of the seven council races feature five or more candidates. If no candidate receives a majority of the vote in any race, the top two vote recipients will meet in the general election on November 18, 2017.
    • A primary election will be held for Orleans Parish Coroner, although only one candidate is still running for that seat. Incumbent Jeffrey Rouse (D) initially filed for re-election but withdrew from the race and endorsed his sole challenger, Dwight McKenna (D). Rouse’s withdrawal occurred after the deadline to be removed from the ballot, so both candidates’ names will still appear. Four other parish offices were up for election in 2017. The incumbent sheriff, civil court clerk, criminal court clerk, and parish assessor were all automatically re-elected because no candidates filed to run against them. New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S. by population.

Special election for school board seat in East Baton Rouge Parish

  • A special primary election will take place to fill a vacancy for one seat on the school board of the East Baton Rouge Parish School System in Louisiana. This vacancy was created when former board member Barbara Freiberg was elected to the Baton Rouge Metro Council in December 2016. Incumbent Michael Gaudet, who was appointed to the seat in July 2017, faces two challengers in the special election. If no candidate receives a majority of the vote, a special general election will be held between the top two finishers on November 18, 2017. The winner of this election will fill the remainder of Freiberg’s term and all nine seats will be up for election again on November 6, 2018.The East Baton Rouge Parish School System is the second-largest school district in the state and served 41,850 students during the 2014-2015 school year—approximately 5.9 percent of all public school students in the state.

Ten local judicial elections in Louisiana

  • Primary elections will take place for six district court judgeships and four justices of the peace in Louisiana. Three of these races feature more than two candidates. Therefore, if no candidate receives over 50 percent of the vote in any of those contests, a general election between the top two finishers will take place on November 18, 2017. Also, one district court judge and six justices of the peace were declared elected in July 2017 after each was the only candidate who filed by the qualifying deadline.
    • Louisiana also held local trial court elections earlier this year. One district court seat and one justice of the peace seat saw contested races that concluded on April 29, 2017. Eight justices of the peace were unopposed and declared elected after the filing period ended in January 2017.

Tuesday, October 17

Dispute over management of recreation center leads to recall election in Oregon

  • A recall election will be held to determine whether two city councilwomen, Jennifer Harris and Sally Robinson, will be removed from office in Sherwood, Oregon. The recall effort against Harris and Robinson was launched after they voted in August 2017 to negotiate with an out-of-state company to manage the city's recreation center instead of with the YMCA, who had managed the facility for the preceding 20 years. An agreement with the out-of-state company to run the center was rejected by the city council on September 26, 2017, over concerns about the deal's impact on the city’s budget.
    • Recall supporters also targeted the city’s mayor, Krisanna Clark-Endicott, but she resigned from office on October 3, 2017, and will not appear on the ballot. Harris and Robinson responded to the recall effort by saying that they hadn’t done anything unethical or improper, and were acting in the city's best financial interest with their votes. Robinson also argued that recall supporters were upset less by the financial implications of the contract than the city's decision to not renew its contract with the YMCA. Sherwood is located in northwest Oregon and was home to approximately 18,000 residents in 2010, according to the United States Census Bureau.

Resignation leads to special election in South Carolina School District

  • A special election will be held for one of the 11 seats on the Beaufort County School District school board. The special election for District 6 was triggered after former board member Patricia Felton-Montgomery resigned just several months after she was elected to the board in November 2016. Two newcomers have filed for the seat: John Dowling Jr. and Susan Gordon. The Beaufort County School District served 21,335 students during the 2014-2015 school year—approximately 3 percent of all public school students in the state.
    • Three more of South Carolina’s largest school districts by enrollment are holding elections for 11 seats in 2017. For additional information on these elections, please click here.


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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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