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The State and Local Tap: AG races receive national attention, funding

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October 19, 2018Issue No. 135

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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

2018:

  • The last pending statewide measures have been certified; voters in 37 states will decide 156 statewide ballot measures in November. A total of 168 statewide ballot measures were certified for 2018 ballots, but 12 were decided at pre-November elections. Of the 156 measures on the ballot in November, 64 are citizen-initiated measures.
    • There were 158 measures certified for the 2014 ballot. In 2016, 162 measures were ultimately on the ballot.
    • Notable trends for 2018 include redistricting and election policy, marijuana, Medicaid expansion and healthcare, Marsy’s Law, energy, restrictions on taxes, abortion, and minimum wage.
    • So far, at least $648.7 million has been contributed to support and opposition campaigns for 2018 statewide ballot measures, with the largest amounts in California, Florida, and Nevada.
      • Support campaigns had raised about 56 percent of the campaign funds as of October 10, 2018.
      • The 69 citizen-initiated measures had featured about 87 percent of the campaign finance activity.
  • Ballotpedia’s ballot language readability report for 2018 showed the average Flesch-Kincaid Grade Level (FKGL) score for ballot titles or questions at the graduate reading level of 19.5; average state scores for ballot titles or questions ranged from eight to 42.
    • The average reading grade level score for ballot summaries or explanations—for the measures that had them—was 16; average state scores ranged from seven to 43.
    • Read the full report by clicking here.
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Top ballot measure campaign contributions

So far, at least $835.6 million has been contributed to support and opposition campaigns for 2018 statewide ballot measures, with the largest amounts in California, Nevada, and Florida.

    • Support campaigns had raised about 53 percent of the campaign funds as of October 17, 2018.
    • The 69 citizen-initiated measures had featured about 87 percent of the campaign finance activity.

According to reports available as of October 10, 2018, the following 15 states featured the most in ballot measure campaign contributions:

    • California - $307,386,196.82 in contributions
    • Nevada - $121,396,953.24 in contributions
    • Florida - $91,156,324.81 in contributions
    • Washington - $56,902,817.03 in contributions
    • Arizona - $52,697,794.28 in contributions
    • Missouri - $40,853,172.08 in contributions
    • Massachusetts - $26,149,912.33 in contributions
    • Colorado - $22,440,857.94 in contributions
    • 9. Montana - $20,855,344.74 in contributions
    • 10. Oregon - $17,627,462.53 in contributions
    • 11. Alaska - $13,003,779.70 in contributions
    • 12. Arkansas - $11,976,116.02 in contributions
    • 13. Georgia - $8,487,584.00 in contributions
    • 14. Utah - $7,894,385.72 in contributions
    • 15. Michigan - $7,077,492.20 in contributions

Monday, October 15

Florida Supreme Court rules next governor will appoint three supreme court justices

  • The Florida Supreme Court ruled only the next governor, not incumbent Rick Scott (R), could appoint replacements for state Supreme Court Justices Barbara J. Pariente, R. Fred Lewis, and Peggy Quince, all of whom are retiring at the end of their terms January 7, 2019. Pariente and Lewis were appointed by Gov. Lawton Chiles (D) in 1997 and 1998, respectively. Quince's appointment was a joint decision between Chiles and incoming Gov. Jeb Bush (R) in December 1998.
  • The seven-member Florida Supreme Court is currently comprised of the three Chiles appointees, three appointees from Gov. Charlie Crist (who was elected as a Republican but later switched to the Democratic Party), and one appointee from Gov. Scott.
  • In Florida, a judicial nominating commission screens potential judicial candidates, submitting a list of three to six nominees to the governor. The governor must appoint a judge from this list. Florida is one of 24 states that uses this system of assisted appointment. Newly appointed judges serve for at least one year, after which they appear in a yes-no retention election held during the next general election. If retained, judges serve six-year terms.
  • Earlier this year, Scott asked the Judicial Nominating Commission (JNC) to submition nominations by November 10 to fill the vacancies. The court order said Scott exceeded his authority.
  • The order granted a writ of quo warranto requested by the League of Women Voters of Florida and Common Cause Florida in September. The groups argued Scott's term would expire before the terms of the justices and therefore the next governor should appoint replacements. Scott's attorneys argued his actions followed precedent set by previous governors.
  • Tallahassee Mayor Andrew Gillum (D), former U.S. Rep. Ron DeSantis (R), and five others are running in the general election on November 6, 2018, for Florida's governorship. Elections forecasters call this race a toss-up.
  • Gillum released the following statement after the decision, "I am pleased the Florida Supreme Court has brought closure to this important issue finding, as we have consistently stated, that the next Governor of Florida will appoint the next three Supreme Court justices. It is a duty I take extremely seriously and, as Governor, one of my top priorities will be to restore integrity to the judicial nominating process."
  • A spokesman for DeSantis said, "If Andrew Gillum is elected, out-of-state, radical groups would pressure him to appoint activist judges who would legislate from the bench to fit their own ideology. The consequences of this would be felt for generations, and it would be dangerous for every person in our state."

West Virginia impeachment proceedings: Updates and next steps

  • The West Virginia State Senate adjourned until called by the president. The adjournment followed an October 11 ruling from temporary state supreme court justices blocking the Senate from proceeding with Justice Margaret Workman's impeachment trial, scheduled for October 15. It is unclear when the Senate will reconvene or how the October 11 ruling will impact the impeachment trials of Justices Davis and Loughry.
  • What happened: On October 11, five circuit court judges temporarily assigned to the state supreme court ruled the impeachment proceedings violated the state constitution's separation of powers clause. Acting Justice James Matish, writing for the majority, argued the Senate did not have the authority to impeach Workman. He also argued alleged procedural errors in the House denied the justices' due process. Acting Justices Bloom and Reger concurred in part and dissented in part. They agreed the impeachment articles were invalid but disagreed with the majority's decision that alleged legislative procedural errors invalidated the process.
  • On October 2, the Senate voted 32-1 not to remove Justice Beth Walker from office. Senators also unanimously approved a resolution publicly reprimanding and censuring Walker.
  • Investigation and impeachment proceedings, launched in June 2018, stemmed from the justices' alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges.
  • Next steps: It is unclear when the Senate will reconvene or what will happen with the remaining trials. Acting Supreme Court Justice Paul Farrell, who was presiding over the trials, said the ruling prohibited him from continuing to preside. Senate President Mitch Carmichael (R) said in a statement the Senate could not conduct a trial without a presiding officer from the supreme court.
  • Senate Communications Director Jacque Bland said the Senate planned to appeal the case before the Supreme Court of the United States. Mark Williams, the lead attorney for Justice Workman, said it was unlikely SCOTUS would accept the case.
  • Workman's impeachment trial date was scheduled for October 15. Trial dates for Justices Davis and Loughry were scheduled for October 29 and November 12, respectively. On October 15, acting Justice Farrell issued a motion delaying Davis' trial until an unspecified date.

Meet the eight candidates running for the Detroit Public Schools school board

  • Eight candidates are running for two at-large seats on the Detroit Public Schools Community District school board on November 6. This is the second election since the school board regained control of district schools from government-appointed emergency managers in 2017. With just one incumbent running, there is guaranteed to be at least one new member of the board.
  • The candidates are athletic coach Terrell George, executive assistant Natalya Henderson, incumbent Deborah Hunter-Harvill, Reverend David Murray, Melinda Murray, entrepreneur Britney Sharp, community advocate Shannon Smith, and retired nurse Corletta Vaughn. You can watch introductory videos of the candidates here.
  • A ninth person, Deborah Elaine Lemmons, will also appear on the ballot, since she withdrew from the race too late to have her name removed.
  • Key issues in the race include the board’s relationship with superintendent Nikolai Vitti and how to address water supplies with elevated levels of lead and copper, poor infrastructure and facility conditions, and a teacher shortage.

Tuesday, October 16

Energy-related ballot initiatives break campaign finance records in Arizona and Nevada

  • Campaign finance reports were filed showing Arizona and Nevada with recording-breaking contributions to ballot measure campaigns surrounding energy-related ballot measures. Between the two energy measures in Nevada and one energy measure in Arizona, $143.47 million has been raised.
  • In Arizona, $40.71 had been raised for and against Proposition 127, an initiative to require utilities to acquire 50 percent of their electricity from renewable resources by 2030. Clean Energy for a Healthy Arizona is leading the campaign in support of Initiative 127 and has raised $18.49 million, with 99.8 percent of the funds coming from NextGen Climate Action. Tom Steyer, a California-based investor and Democratic donor, founded NextGen Climate Action. Arizonans For Affordable Electricity, which is opposed to Initiative 127, has raised $22.21 million from Pinnacle West Capital Corporation—the owner of the state’s largest electric utility, Arizona Public Service.
  • NextGen Climate Action is also funding the campaign behind Nevada Question 6, which, like its counterpart in Arizona, would require utilities to acquire 50 percent of their electricity from renewable resources by 2030. In Nevada, Nevadans for a Clean Energy Future has received $6.38 million.
  • The second most expensive ballot measure of 2018 thus far, and the most expensive in Nevada state history, is Question 3, which would prohibit state-sanctioned electric-generation monopolies and, according to the measure’s text, require an open, competitive retail electric energy market. A total of $96.39 million had been raised by the campaigns surrounding Question 3. Nevadans for Affordable, Clean Energy Choices, which is leading the campaign in support of Question 3, has raised $33.28 million. The largest contributors to the support committee were the data-storage firm Switch and the Las Vegas Sands Corporation, which Sheldon Adelson founded and chairs. Switch provided $10.90 million and Las Vegas Sands provided $21.87 million to the campaign. The Coalition to Defeat Question 3 is leading the campaign in opposition to Question 3. The coalition had raised $63.13 million, with 99.99 percent of the campaign's funds coming from NV Energy. Berkshire Hathaway, which Warren Buffett chairs, is the parent firm of NV Energy. As of 2018, NV Energy controls about 90 percent of the state’s electricity market.
  • The next set of campaign finance reports are due on October 29, 2018, in Arizona and November 2, 2018, in Nevada.
  • As of October 17, 2018, Ballotpedia had tracked $835.6 million in contributions to the ballot measure campaigns.

Poll shows Utah medical marijuana initiative with one point lead, down from 16 point lead in previous polls

  • A Salt Lake Tribune-Hinckley Institute of Politics poll conducted October 3-9, 2018 and October 11-12, 2018 showed declining support for Utah's medical marijuana initiative, Proposition 2. The poll found that, of 822 respondents, 51 percent supported the measure, 46 percent opposed it, and 3 percent were undecided.
  • A previous Salt Lake Tribune-Hinckley Institute of Politics poll, conducted from June 11 to 18, 2018, found that, of 809 respondents, 66 percent supported the measure, 30 percent opposed it, and 4 percent were undecided.
  • Recent polls from other firms conducted in late August and from September 30 to October 7, 2018, respectively, both showed 64 percent support, 33 percent opposition, and 2 percent undecided.
  • The average of all polls on Utah Proposition 2 aggregated by Ballotpedia since February 2017 showed 68 percent support, 28 percent opposition, and 4 percent undecided.
  • Review Ballotpedia’s aggregation of ballot measure polls by clicking here.
    • Recent highlighted polls include:
      • 10/14: SurveyUSA on California Proposition 10 (Rent Control): 35 support, 46 percent opposition, 18 percent undecided
        • 1 to 2 points difference from previous September poll
      • 10/14: SurveyUSA on California Proposition 8 (dialysis company revenue): 47 percent support, 34 percent opposition, 19 percent undecided
      • 10/14: SurveyUSA on California Proposition 6 (gas tax repeal): 58 percent support, 29 percent opposition, 13 percent undecided
        • Polling aggregation average: 45 percent support, 41 percent opposition, 14 percent undecided
      • 10/9: Crosscut/Elway poll on Washington Initiative 1639 (gun requirements): 59 percent support, 34 percent opposition, 7 percent undecided
      • 10/8: Baldwin Wallace University poll on Ohio Issue 1 (drugs and criminal justice): 48 percent support, 31 percent opposition, 22 percent undecided.
        • Another poll concluded on 10/8 on Ohio Issue 1 showed 43 percent support, 38 percent opposition, and 19 percent undecided.

Democratic and Republican attorney general races receive national attention, funding

  • Hillary Clinton campaigned at an event in New York City for several female candidates running in attorney general races next month. The candidates she appeared with were January Contreras (AZ), Tish James (New York), Kathy Jennings (Delaware), and Dana Nessel (Michigan). The event was coordinated by the Democratic Attorneys General Association, whose stated goal is to “elect women to half of the Democratic Attorneys General seats by the end of the 2022 cycle.”
  • Some of these races have been targeted by the Republican Attorneys General Association (RAGA). The group had spent over $1.5 million supporting Mark Brnovich (R) and opposing Contreras in Arizona as of October 17. RAGA has also spent about $3 million in the Colorado attorney general race supporting George Brauchler and opposing Phil Weiser.

Friday, October 19

State supreme courts: Arkansas tort-related measure and term limits measure are invalid, votes not to be counted; minimum wage measure is valid

  • The Arkansas Supreme Court ruled that Issue 3, the state legislative term limits initiative, was invalid and ordered election officials to not count votes on the measure. On Thursday the Arkansas Supreme Court also confirmed Issue 1, a measure concerning Tort law, as invalid and ordered election official to not count votes on that measure as well. It was too late to remove the measures from ballots. The supreme court also ruled that Arkansas Issue 5, an initiative to increase the state's minimum wage to $11 per hour by 2022, was valid.
  • Arkansas Issue 1, would have capped attorney contingency fees; limited punitive damages and non-economic damages awards; and allowed the legislature to adopt, amend, or repeal rules regarding pleading, practice, or procedure prescribed by the state supreme court.
  • Arkansas Issue 3 would have imposed term limits of six years for members of the Arkansas House of Representatives and eight years for members of the Arkansas Senate. Arkansas Term Limits sponsored the citizen initiative and spent $475,553 on the collection of the 84,859 required signatures, resulting in a cost per required signature of $5.60.
  • In 2016, three measures previously certified for the ballot in Arkansas were ruled invalid by the Arkansas Supreme Court in the last half of October and the first week of November, and the measures remained on the ballot but votes were not counted.

Special Elections

  • As of this week, 94 state legislative special elections have been scheduled or held in 26 states. Elections have been held for 25 Democratic seats and 45 Republican seats. Ten seats have flipped from Republican control to Democratic control. Two seats have flipped from Democratic control to Republican control. In special elections between 2011 and 2017, one party (either Republicans or Democrats) saw an average net gain of four seats across the country each year.
    • An average of 90 seats were filled through special elections in each of the past three odd years (2013: 84, 2015: 88, 2017: 98).
    • 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:

November 6

December 4

Local Politics: The Week in Review

Elections Update

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

Tuesday, October 23

Surveying Colorado's 2018 ballot measures

  • Ballotpedia's experts are ready to break down the 13 statewide measures set to appear before Colorado voters this year. With 2018's measures covering a wide range of issues—including redistricting, fracking, banking, campaign finance, marijuana, and more—this webinar is a great opportunity to get all the details you need to make an informed decision at the polls.
  • Grab your spot!
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About

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

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