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The State and Local Tap: Battles on the Bayou - Louisiana runoffs are today

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December 7, 2018Issue No. 140

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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.

State Politics: The Week in Review

Ballot Measures Update

2019:

  • One statewide measure is certified for the 2019 ballot in Colorado: a transportation bond issue automatically put on the ballot when voters rejected two proposed bond issues at the November 2018 election.
  • Four of the 26 states with a process for citizen-initiated measures allow for ballot initiatives or veto referendums on ballots for elections in any odd-numbered years: Colorado, Maine, Ohio, and Washington. Moreover, citizen-initiated measures could go on the Mississippi ballot because of the gubernatorial election in 2019.
    • Other states that frequently feature statewide measures referred to the ballot by the legislature in odd-numbered years include Louisiana, New Jersey, New York, and Texas.
  • Signatures for 2019 Initiatives to the Legislature in Washington are due on January 4, 2019.
  • Signatures for one initiative, Washington Initiative 976, have been submitted and are pending verification. Initiative 976 would limit taxes and fees related to transportation and vehicle registration, require vehicle value assessments for tax purposes to be based on Kelley Blue Book values, and repeal authorization for certain regional transit authorities, such as Sound Transit, to impose motor vehicle excise taxes

2020:

Signature requirement changes:

  • Voter turnout in 2018 elections caused a change in the number of valid signatures required for initiatives and veto referendums in 18 of the 26 states with at least one form of statewide initiative or referendum. Signature requirements are determined differently depending on the state. The majority of states with citizen-initiated measures—16—base signature requirements on ballots cast for gubernatorial candidates in the preceding gubernatorial election. Four states base signature requirements on total ballots cast in the preceding general election. Of the remaining states, two states base requirements on voters for presidential candidates within the state, two states base requirements on registered voters, one state bases requirements on votes cast for secretary of state candidates, and one state bases requirements on the state population.
  • Below are featured signature requirement changes:
    • California:
      • California ballot initiative signature requirements increased by 70 percent due to 2018 voter turnout; more signatures will be required to qualify initiatives for 2020 and 2022 ballots than ever before in the state’s 106 years of direct democracy.
      • Residents of California can initiate three types of ballot measures—initiated constitutional amendments, initiated state statutes, and veto referendums.
      • According to semi-official results reported on December 7, 2018, more than 12.4 million people voted in California’s gubernatorial election on November 6, 2018, resulting in the following projected signature requirement changes:
        • Amendments: 585,407 (2018) —> 994,146 (2020)
        • Statutes and veto referendums: 365,880 (2018) —> 621,341 (2020)
      • These numbers will not be finalized until Secretary of State Alex Padilla finalizes results at the statewide level on December 14.
      • The previous period with the highest number of signatures was 2012 and 2014, when 807,615 signatures were required for amendments and 504,760 signatures were required for statutes.
    • Arizona:
      • Signature requirements for Arizona ballot initiatives increased 58 percent due to 2018 election results.
      • Residents of Arizona can initiate three types of ballot measures—initiated constitutional amendments, initiated state statutes, and veto referendums.
      • Based on turnout in the 2018 gubernatorial election, which exceeded turnout in 2014 by 870,025 votes, Ballotpedia projects the following increases in signature requirements:
        • Amendments: 225,963 (2018) —> 356,467 (2020)
        • Statutes: 150,642 (2018) —> 237,645 (2020)
        • Veto referendums: 75,321 (2018) —> 118,823 (2020)
      • In Arizona, the signature requirement for initiated amendments is equal to 15 percent of the total votes cast in the prior gubernatorial election. The signature requirement for initiated statutes is equal to 10 percent of the vote. The signature requirement for veto referendums is equal to 5 percent of the vote.
    • Colorado:
      • Signature requirements for Colorado initiatives increased by 26.5 percent due to 2018 election results.
      • Residents of Colorado can initiate three types of ballot measures—initiated constitutional amendments, initiated state statutes, and veto referendums. The number of signatures required for all three types is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state, who is elected every 4 years. For the 2018 election, a total of 2,492,635 votes were cast for candidates for the office.
      • Based on that turnout, Ballotpedia projects the new signature requirement for citizen initiatives and veto referendums for the next cycle to be 124,632, up 26.5 percent from the prior requirement of 98,492 in effect from 2015 through 2018.
  • Click here to read about what effect 2018 results had on initiative signature requirements each state.

Monday, December 3

Utah Governor signs bill to replace Proposition 2, the medical marijuana initiative approved by Utah voters last month

  • Legislation designed to replace Proposition 2, known as the Utah Medical Cannabis Act or House Bill 3001, was passed by the legislature and signed by the governor on Monday. The bill was initially presented and referred to as a compromise deal between state legislators, Utah Proposition 2 supporters (such as the Utah Patients Coalition, Marijuana Policy Project, and Libertas Institute), and Proposition 2 opponents (such as Drug Safe Utah and the Church of Jesus Christ of Latter-day Saints). Utah is one of 11 states that have no restrictions on how soon or with what majority the state legislature can make legislative alterations to ballot measures.
  • House Bill 3001 made a number of changes to the original measure passed by voters. These changes included:
    • Removing the Prop 2 provision allowing patients to grow their own marijuana;
    • Reducing the number of dispensaries allowed; and
    • Requiring dispensaries to employ pharmacists to recommend dosages.
  • HB 3001 kept many of the same qualifying conditions provided for under Proposition 2, but also made some changes, including limiting the list of qualifying conditions to specific illnesses. The bill allows for medical marijuana treatment for HIV or AIDs but not other autoimmune disorders. The bill allows for medical marijuana treatment for cachexia, but not other conditions manifest by physical wasting. It allows marijuana treatment for Crohn's disease, but not similar gastrointestinal disorders.
  • HB 3001 added conditions that qualify for medical marijuana treatment, including:
    • Terminal illness for those projected to have less than six months left to live; and
    • A condition resulting in a patient receiving hospice care.
  • The Deputy Director of the Marijuana Policy Project, which supported Proposition 2, said, "This bill is undoubtedly inferior to the law enacted by voters in November. However, Proposition 2 would very likely have been defeated without the compromise deal, which prevented an onslaught of opposition spending. Advocates made the responsible decision to negotiate with opponents and ensure that patients were not left without any access to medical cannabis."
  • Former Salt Lake City mayor and attorney Rocky Anderson filed a lawsuit on December 5, 2018, regarding the legislature's action to replace Proposition 2 with the Utah Medical Cannabis Act. Anderson wrote, "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the ... recognition in the Utah Constitution that the people are to have the power to enact legislative changes." Anderson represents TRUCE, Together for Responsible Use and Cannabis Education, and the Epilepsy Association of Utah.

Tuesday, December 4

Raffensperger wins Georgia secretary of state runoff

  • On Tuesday, Brad Raffensperger (R) won a runoff election to become Georgia's next secretary of state. He defeated John Barrow (D) 52 percent to 48 percent. The two advanced to a runoff following the general election on November 6, in which neither received more than 50 percent of the vote.
  • Raffensperger's win means Georgia will maintain its Republican triplex status—Republicans will continue to hold the offices of governor, attorney general, and secretary of state. The secretary of state seat was left open by Brian Kemp (R), who ran for and won the governorship.
  • Georgia held two other elections on Tuesday. Republican Chuck Eaton won the runoff to be the next District 3 public service commissioner.
  • A special primary election for Georgia House of Representatives District 28 was also held; as of Friday, the race was too close to call with only 3 votes separating candidates Dan Gasaway and Chris Erwin. Results of the regularly scheduled District 28 primary earlier this year were deemed inconclusive due to ballot errors, and the Republican primary was rescheduled for Dec. 4. No Democrats filed for the seat.

Wednesday, December 5

Wisconsin Legislature approves early voting, Medicaid, transportation bills

  • The state legislature approved three bills along party lines in an overnight session.
  • SB 883 proposed eliminating the Department of Transportation's (DOT) ability to transfer state and federal funds between different highway programs and requiring federal funds to make up 70 percent of funding for highway development and rehabilitation projects. State law at the time of SB 883's passage allowed the DOT to combine state and federal funds for highway projects and did not specify a minimum amount of federal funds.
  • SB 884 proposed establishing a two-week early voting period; eliminating the office of the solicitor general in the state Department of Justice (DOJ); authorizing legislators to retain outside legal counsel, rather than DOJ representation; and decreasing the amount of governor-appointed members of the 12-member Wisconsin Economic Development Corporation (WEDC) from six to four. Governor-elect Tony Evers (D) previously expressed interest in dismantling the WEDC.
  • SB 886 proposed requiring childless Medicaid recipients between the ages of 19 and 50 "to participate in, document, and report 80 hours per calendar month of community engagement activities." It also proposed requiring monthly premiums for childless Medicaid recipients depending on income level and charging $8 copayments for nonemergency visits to the emergency room.
  • The bills and the legislative process faced criticism from Democrats and members of the public. The public was removed from the Senate gallery on December 4 for one hour. Protestors shouted "Shame!" and "Respect our votes!" in the state Capitol.
  • Evers said, "Power-hungry politicians rushed through sweeping changes to our laws to expand their own power and override the will of the people of Wisconsin who asked for change on November 6th." Gov. Scott Walker (R) denied the process was political maneuvering. Assembly Speaker Robin Vos (R) said the legislation was part of an effort "to make sure that the powers of each branch are as equal as they can be."

Wisconsin codifies end to judicial deference

  • Wisconsin legislators approved a bill that codified the intent of the Wisconsin Supreme Court’s ruling in Tetra Tech, Inc. v. Wisconsin Department of Revenue, which ended the practice of judicial deference to the statutory interpretations of administrative agencies in the state. In the ruling, the court determined that the practice of judicial deference to administrative agencies was contrary to Article VII, Section 2 of the Wisconsin Constitution, which vests judicial power in the state judiciary.
  • The judicial deference provision was part of a larger legislative package passed by the Wisconsin Legislature during a lame duck session held this week. Governor Scott Walker (R) stated that he intended to sign the legislation.
  • Wisconsin is one of five states that have ended the practice of judicial deference to the statutory interpretations of administrative agencies.

Gardner elected to 22nd term as New Hampshire secretary of state

  • The New Hampshire General Court re-elected incumbent New Hampshire Secretary of State Bill Gardner (D) to his 22nd term. Gardner, facing his first challenger since 1984, was unable to get a majority of the vote on the first ballot against Colin Van Ostern (D). He received 208 votes to Van Ostern’s 207. One legislator cast a scatter vote. On the second ballot, Gardner secured a majority by a 209-205 vote.
  • With 42 years experience, Gardner is the longest-serving state secretary of state currently in office.

Thursday, December 6

North Carolina Legislature sends voter ID-related bill to governor

  • The North Carolina Legislature sent SB 824 to the governor's desk after the state Senate agreed to House amendments. The House of Representatives approved an amended version of SB 824, 67-40 along party lines, on December 5. The state Senate originally approved the bill on November 29.
  • SB 824 proposes definitions for types of voter identification that would be accepted at the polls. It responded to the North Carolina Voter ID Amendment, a ballot measure that passed on November 6. The amendment added language to the state constitution to require voters to present a photo ID to vote in person.
  • The House amended the legislation to include a provision requiring the state Board of Elections to establish rules to verify absentee ballots using photo identification. The amendment proposed requiring voters to submit a photocopy of an ID or sign an affidavit saying they had good reason not to submit a photo ID with their absentee ballot.

Special Elections

  • As of this week, 99 state legislative special elections have been scheduled or held in 26 states. Elections have been held for 41 Democratic seats and 54 Republican seats. Twelve seats have flipped from Republican control to Democratic control. Four 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:

December 8

December 11

December 18

Local Politics: The Week in Review

Elections Update

Monday, December 3

Nearly 200 challenges filed against Chicago candidate petitions

  • Nearly 200 challenges were filed against candidates running in Chicago’s city elections. The offices of mayor, treasurer, and city clerk will be on the ballot on February 26 along with 50 city council seats. If needed, runoffs will be held April 2.
    • The deadline for candidates to file to run in these elections was November 26, but the ballot is not yet set. Candidates have until December 20 to withdraw, and the deadline to file objections to the candidates’ petitions was on Monday. Approximately 190 challenges were filed for the 53 city seats on the ballot, according to Chicago Election Board spokesperson Jim Allen. Allen said that the challenges might not be resolved before early voting is scheduled to begin on January 17.
    • A total of 212 candidates filed to run for the 50 city council seats. In 2015, 251 candidates initially filed to run. Fifty-five of those candidates were removed from the ballot due to petition challenges, 12 withdrew, and one died before the election took place, bringing the total number of city council candidates on the 2015 general election ballot to 183.
      • A total of 45 city council incumbents are running for re-election in 2019. Four incumbents had no challengers file to run against them. In 2015, 43 city council incumbents ran for re-election. Four of them were also unopposed in their bids for re-election following the filing deadline, and another three became unopposed after their challengers were removed from the ballot.
      • Of 21 mayoral candidates, 12 face challenges to their petition signatures. At least 13 of 16 total challenges were filed on behalf of fellow candidates.
    • Cook County Board President Toni Preckwinkle's campaign and businessman Willie Wilson's campaign are each challenging petitions from five candidates (nine different candidates between them). Former Chicago Public Schools CEO Paul Vallas is challenging two candidates' petitions. And attorney Jeremiah Joyce Jr. filed against one candidate.
    • The mayoral candidates facing signature challenges are: Dorothy Brown, Conrein Hykes Clark, Bill Daley, Catherine Brown D'Tycoon, La Shawn Ford, Ja'Mal Green, Neal Sales-Griffin, Lori Lightfoot, Richard Mayers, Garry McCarthy, Susana Mendoza, and Roger Washington.
    • Subscribe to The Deep Dish, Ballotpedia's weekly newsletter on Chicago's 2019 elections.
WHAT'S ON TAP NEXT WEEK

Here's what is happening in State and Local politics this week.

State Politics: What's On Tap Next Week

Saturday, December 8

Louisiana general election and special election runoffs

  • General elections for nine Louisiana school board openings, one judicial district division, and Shreveport municipal positions will take place, as well as runoffs in special elections for secretary of state and Louisiana House of Representatives District 90.
  • In the primaries on November 6, 2018, candidates failed to earn at least 50 percent of the vote for one school board seat in Caddo Parish and East Baton Rouge Parish, two seats in Calcasieu Parish and St. Tammany Parish, and three in Jefferson Parish. The top two vote-getters in each race advanced to the general.
  • Four candidates faced off in the primary for Orleans Parish Judicial District Division E. The top two vote-getters, Marie Williams (D) and Omar Mason (D), advanced to the general election. Both Williams and Mason have run as judicial candidates in Orleans Parish in the past, and this will be the winner's first time holding elected office.
  • Current Shreveport mayor Ollie Tyler will face challenger Adrian Perkins after the two advanced from the primaries. In addition, four city council seats will be decided.
  • A special election for secretary of state took place on November 6, 2018, but no candidate received a majority, so the top two vote-getters are advancing to a runoff on December 8. The secretary of state seat became vacant on May 8, 2018, when Tom Schedler (R) resigned after allegations of sexual misconduct. Kyle Ardoin (R) has been serving as acting secretary of state. Nine candidates, including Ardoin, ran in the special election for secretary of state on November 6, 2018. The top two vote-getters, Ardoin with 20.5 percent and Gwen Collins-Greenup with 19.8 percent, will face off on December 8.
  • For the Louisiana House of Representatives District 90 seat, Sean Morrison (D), Mary DuBuisson (R), Brian Glorioso (R), and John Raymond (R) ran in the special election on November 6. DeBuisson and Raymond advanced to the runoff with 29 percent and 25 percent of the vote, respectively. The seat has been been vacant since June 29, 2018, when Greg Cromer resigned to become mayor of Slidell, Louisiana.
States-in-session-12-07-18.png

The California State Legislature convened for an organizational session on December 3 to elect leadership, adopt rules, and introduce bills for the upcoming legislative session. With one Assembly race not yet called, both chambers have Democratic supermajorities—a 60-20 majority in the state Assembly and a 29-11 majority in the Senate. The legislature has been dominated by the Democratic Party since 1959 except in 1969 to 1971 when the Republican Party held both chambers and from 1994 to 1996, when Republicans briefly held a majority in the Assembly.

The Maine State Legislature convened December 5, also electing leadership. With two Senate races still uncalled, the state Senate have a 20-15 Democratic majority. Democrats have an 86-62-3 majority in the state House. Prior to the election, Maine was under divided government—Democrats controlled the legislature but Republican Paul LePage was in the governor's office. Heading into the 2019 legislative session, the state is a Democratic trifecta, with Democrats controlling the executive and legislative branches.

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