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The State and Local Tap: Candidates making the final push before Tuesday's primaries in Texas

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March 2, 2018Issue No. 102

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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:

  • Forty-five (45) measures are certified to appear on statewide ballots in 23 states in 2018 so far—14 citizen-initiated measures, 30 legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. Review Ballotpedia’s list of 2018 initiative and referendum signature deadlines to stay ahead of 2018 ballot measure news, and see if there are initiatives currently circulating in your state here.
    • Two new measures were certified for 2018 ballots over the last week.
    • By this time in 2014, 67 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 61 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
    • The average number of certifications by the ninth week of the year from 2010 through 2016 was 70, and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for nine additional citizen-initiated measures have been submitted and are pending verification in Maine, Michigan, and South Dakota. To see this list, click here.
    • In Alaska, Maine, Massachusetts, and Washington, enough signatures were submitted for nine indirect initiatives (one of which has two versions) to put them before the state legislatures during the 2018 session and then on the ballot if the legislatures don’t approve them (provided a second, smaller round of signatures is collected for the Massachusetts initiatives). To see this list initiatives that have been certified to the legislature, click here.
    • The latest deadlines were on February 1, 2018, for all signatures to be verified for initiated constitutional amendments in Florida and February 9, 2018, for initiatives in Wyoming. Enough signatures were submitted in Florida for two initiatives. In Wyoming, signatures were not submitted for the one pending initiative.
    • The next signature deadline is April 15, 2018, for initiatives in Utah.
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Sunday, February 25

California Democratic Party endorses in statewide races, ballot measures

  • The California Democratic Party held its annual convention where delegates voted to endorse in federal and statewide races and on ballot measures. To receive an endorsement, a candidate or ballot measure needed to receive support from at least 60 percent of delegates.
  • No candidate in the races for governor, lieutenant governor, and attorney general received consensus support. Incumbent Alex Padilla (D) was endorsed for secretary of state.
  • The party endorsed support for Proposition 68, 69, 71, and 72; it opposed Proposition 70.
    • Propositions supported by the California Democratic Party:
      • Proposition 68—a $4 billion legislatively referred bond issue for parks, environmental protection, and water infrastructure
      • Proposition 69—a transportation lockbox amendment requiring certain tax and fee revenue related to transportation be used exclusively for transportation purposes
      • Proposition 71—an amendment moving the default effective date of ballot propositions from the day after election day to the fifth day after the secretary of state certifies election results
      • Proposition 72—an amendment creating a property tax exemption for rainwater capture systems
    • Propositions opposed by the California Democratic Party:
      • Proposition 70—a constitutional amendment requiring a one-time two-thirds vote to use revenue from the cap-and-trade program

Monday, February 26

Texas House Speaker Straus discusses his most important issues in 2018 Texas Republican primaries

  • Texas House Speaker Joe Straus (R) laid out what he considers to be the three most important criteria for Texas voters in the March 6 primaries in a speech to the North Texas Commission on February 26. His criteria were:
    • “No. 1, are you willing to increase the state’s share of school funding in order to improve education and reduce the burden on local property taxes? Yes or no?
    • No. 2, do you support the traditional conservative principle of local decision-making? Yes or no?
    • No. 3, when that bathroom bill comes back in 2019, will you vote for it or against it?"
  • Republicans supportive of Straus’ priorities and those opposed to his leadership are facing off in the state House primaries. Straus is not seeking re-election, so the outcome of the primaries will influence who the next House speaker is and could impact the policy areas that Straus mentioned in his speech.

California gubernatorial candidate Doug Ose suspends campaign

  • Former Rep. Doug Ose (R) suspended his campaign for governor of California Monday, citing difficulty raising funds. In his announcement, Ose said that "People who had given $25,000 in the past are only giving $1,000...They’re beat down. They don’t see the same path forward as I do. And if I don’t have the money to get my message out, it doesn’t make sense to go ahead."
  • Ose's withdrawal brings the number of declared Republican candidates to 13, including businessman John Cox (R) and Assemblyman Travis Allen (R), although additional candidates have until March 9 to file. In all, 48 candidates have declared their intention to appear on the June 5 top-two primary ballot. The top two finishers will advance to the November general election, regardless of partisan affiliation.
  • Because the governor is a Democrat and the Democratic Party holds majorities in both houses of the state Legislature, California is one of eight Democratic trifectas. Similarly, since the governor, attorney general, and secretary of state are all Democrats, California is one of 12 Democratic trifectas. This makes California one of 7 states with a Democratic trifecta and a Democratic triplex.

Tuesday, February 27

Democrat wins former Republican seat in Connecticut special election

  • Democrat Philip Young won the District 120 seat on the Connecticut House of Representatives in a special election on February 27, defeating his Republican opponent Bill Cabral with 51 percent of the vote, according to unofficial results. The seat became vacant due to the resignation of Laura Hoydick (R), who left office after she was sworn into office as mayor of Stratford. She held the seat from 2010 to 2018, and her predecessor, Republican John Harkins, held the seat from 1996 to 2009. The seat has been held by Republicans for more than 40 years.
  • Once Young is sworn in, the Democrats will hold an 80-71 majority in the House. The Connecticut State Senate is split evenly 18-18 between Republicans and Democrats. This was the sixth seat to flip in special election across the country in 2018. Democrats flipped all six seats.

Primary runoffs set up two Alabama state legislative special elections

  • Two primary runoffs were held in Alabama for vacancies in the Alabama Legislature. A Republican primary runoff was held for District 4 of the House of Representatives and a Democratic primary runoff was held for District 26 of the State Senate. The special elections for both seats will be held April 15.
  • In the senate race, David Burkette defeated John Knight for the Democratic nomination. They had emerged from a five-way Democratic primary that was held on December 12, 2017. Burkette will face Republican D.J. Johnson in the special general election in April. The seat was formerly held by Senate Minority Leader Quinton Ross (D), who resigned to become president of Alabama State University.
  • Parker Moore defeated Tom Fredricks in the Republican primary runoff for the state house seat. They advanced from the Republican primary in December, defeating Tom Wilson. Moore will compete against Democrat Juanita Allen Healy and independent Pete Willis on April 15. This seat became vacant following Micky Hammon’s (R) removal from office after he pleaded guilty to mail fraud.

Robert Goforth (R) wins special election for Kentucky House

  • Republican Robert Goforth defeated Democrat Kelly Smith 67 to 33 percent in a special election for District 89 of the Kentucky House of Representatives. Goforth replaces Marie Rader (R), who resigned in December 2017.
  • Goforth must run for re-election in the regularly scheduled elections this year in order to retain the seat. Both he and Smith have already filed to run again—the statewide filing deadline was January 30. Goforth will face Republican Keith Hays in the primary election on May 22, and if he wins, will meet Kelly Smith again in the general election on November 6. Smith was the only Democrat who filed for the race.

Democrat wins vacant seat in New Hampshire House of Representatives

  • Democratic candidate Philip Spagnuolo defeated Republican candidate Les Cartier in the special election for New Hampshire's District Belknap 3 on February 27, 2018. Unofficial vote totals showed Spagnuolo winning 968 (53%) votes to Cartier's 841 (46%). Following the election, the partisan composition of District Belknap 3 shifted from three Republican representatives and one Democratic representative to two representatives of each party.
    • The seat became vacant in September 2017 following the death of former member Donald Flanders (R). Spagnuolo and Cartier advanced from partisan primary elections held on January 9, 2018. Spagnuolo was unopposed while Cartier defeated William Henry Davies.
    • New Hampshire is one of 26 states with a Republican trifecta. A trifecta occurs when one party holds the governorship, a majority in the state senate, and a majority in the state house in a state’s government. For more information on state government trifectas, please click here.

Three candidates advance to general in special Rhode Island State Senate election

  • A primary election was held for Rhode Island State Senate District 8. Three candidates advanced to the general election scheduled on April 3, 2018: Sandra Cano (D), Nathan Luciano (R), and independent Pamela Braman. The seat was left vacant after James Doyle (D) resigned on January 9, 2018, saying he was stepping down to deal with personal health struggles.
    • Rhode Island is one of eight states with a Democratic trifecta. A trifecta occurs when one party holds the governorship, a majority in the state senate, and a majority in the state house in a state’s government. For more information on state government trifectas, please click here.

Republican primary runoff required in South Carolina House special election

Filing deadline passed in Massachusetts State Senate special election race

  • The special election filing deadline for the First Suffolk District of the Massachusetts State Senate passed on Tuesday. The Massachusetts Secretary of State website does not yet have a list of candidates who filed. Ballotpedia will have more information on the candidates who filed next week once the list becomes available. The special election will take place on May 1, 2018, with a primary election to be held on April 3, 2018. The election will replace state Sen. Linda Dorcena Forry (D), who resigned from office on January 26, 2018, to take a job with Suffolk Construction Company.

Texas Agriculture Commissioner Sid Miller (R) endorsed for second term by President Trump

  • President Trump endorsed sitting Texas Agriculture Commissioner Sid Miller (R) for re-election Tuesday, saying "AC Sid Miller has been with me from the beginning, he is “Trump’s Man in Texas.”" Miller faces podcast host and former lobbyist Trey Blocker (R) and businessman Jim Hogan (R), who was the Democratic nominee for Agriculture Commissioner in 2014, in the March 6 primary election. The winner will face businesswoman Kim Olson (D) in the November general election.
  • Other Texas Republicans endorsed for re-election by the president Tuesday include Gov. Greg Abbott (R), Lt. Gov. Dan Patrick (R), and Land Commissioner George P. Bush (R).
  • Because the governor is a Republican and the Republican Party holds majorities in both houses of the state Legislature, Texas is one of 26 Republican trifectas. Similarly, since the governor, attorney general, and secretary of state are all Republicans, Texas is one of 22 Republican triplexes. This makes Texas one of 21 states with a Republican trifecta and a Republican triplex.

Filing deadline for Maryland candidates

  • The filing deadline for candidates running in Maryland elections passed. Federal and state offices on the ballot this year will include a U.S. Senate seat, eight U.S. House seats, four state executive offices including the governor and attorney general, all 47 state Senate seats, all 141 state House seats, two of the seven seats on the state court of appeals, and three of 13 seats on the state court of special appeals. Local offices on the ballot will include several municipal offices in Baltimore as well as circuit court judgeships and school board positions across the state. Ballotpedia's featured elections in Maryland this year include the Democratic primaries for governor and the 6th Congressional District and the general election contest for governor. The state's primary is on June 26, and the general election is on November 6, 2018.

South Dakota legislature puts 55 percent supermajority requirement proposal for constitutional amendments on the November 2018 ballot

  • The state House approved Senate Joint Resolution 1, an amendment to require a 55 percent supermajority vote at the ballot to approve constitutional amendments. Since the state Senate had already approved it, this certified the amendment for the November 2018 ballot. The state House voted 55-9, with six excused, in favor of Senate Joint Resolution 1. The vote was along partisan lines; eight of 10 Democrats voted against the amendment, and the other two were excused. Out of the 60 Republicans, 55 voted in favor of SJR 1, one—Kyle Schoenfish (R-19)—voted against it, and four were excused. Senators Ernie Otten (R-6) and James Bolin (R-16) and representatives Kent Peterson (R-19) and Karen Soli (D-15) sponsored the amendment.
  • This amendment would make South Dakota the fifth state with a supermajority requirement for constitutional amendments. It would make it the second with a 55 percent supermajority requirement along with Colorado.
  • From 2006 through 2017, voters decided 20 constitutional amendments and approved eight of them, for an approval rate of 40 percent. Of the eight that were approved, three were approved by less than a 55 percent supermajority. All three were put on the ballot by the state legislature:
    • Amendment C in 2006 was approved by 51.83 percent of voters. The measure was designed to allow the state to recognize marriage only between a man and a woman. The measure was later overturned as unconstitutional.
    • Amendment I in 2008 was approved by 52.41 percent of voters. The measure was designed to allow for a maximum of forty legislative session days each year.
    • Amendment R in 2016 was approved by 50.61 percent of voters. It allowed the South Dakota Legislature to determine a separate entity, board or procedure to run technical schools and prevented the South Dakota Board of Regents from running such schools.
    • The last time a citizen-initiated constitutional amendment was approved by more than a majority but less than a 55 percent supermajority was in 1982, when 52.24 percent of voters approved Amendment A, an amendment concerning state Senate redistricting.
  • In every state but Delaware, constitutional amendments must be ratified by voters. Eleven states have some requirement for approval beyond a simple majority of those voting, such as the supermajority requirement found in Senate Joint Resolution 1 or a double majority. Four of those states have a supermajority requirement.
    • Colorado requires a 55 percent supermajority vote to approve constitutional amendments. This requirement was enacted through Amendment 71, an initiated constitutional amendment approved by voters in 2016.
    • Florida and Illinois require a 60 percent supermajority vote to approve amendments. For Illinois, the requirement is 60 percent of those voting on the amendment or a majority of those who cast a ballot for any office in that election.
    • New Hampshire requires a two-thirds (66.67 percent) supermajority vote of those voting on the amendment for ratification.
  • Background
    • Senator Bolin introduced a similar but stronger amendment in 2017 that was designed to require a 60 percent supermajority vote for constitutional amendments and require a two-thirds (66.67 percent) supermajority vote in the state legislature to refer amendments to the ballot. The bill—Senate Joint Resolution 2 (2017)—passed in the state Senate but did not make it out of the House State Affairs Committee.
    • Direct democracy is a big issue in South Dakota this year. South Dakota State Legislature is considering over a dozen proposals to change the state’s laws governing ballot measures. The South Dakota State Legislature approved House Bill 1141 during its 2017 legislative session. The bill established a task force to investigate the state's initiative and veto referendum processes and suggest changes to the legislature for consideration in the 2018 legislative session. The task force approved and recommended 10 proposals for consideration by the legislature in 2018. This amendment proposing a 55 percent requirement for voters to pass amendments was one of them. Moreover, two initiatives with provisions that affect direct democracy in South Dakota have been certified for the 2018 ballot as well. One—among provisions concerning an ethics board, campaign finance, and lobbying restrictions—would require voter approval for future changes to the state’s initiative and referendum process and would prevent legislative alteration of citizen initiatives. Another was designed to ban out-of-state ballot measure campaign contributions. These proposals follow a year in 2016 that featured more citizen-initiated measures on the ballot than since 2006, both in South Dakota and the country.

Alabama Senate votes to send Ten Commandments measure to 2018 ballot; approval needed in House

  • The Alabama State Senate voted 23 to 3, with eight senators not voting, to approve a constitutional amendment designed to authorize the display of the Ten Commandments on public property, including public schools. The amendment needs to be approved in the state House to go on the ballot in November 2018.
  • The amendment would require the Ten Commandments to be displayed, according to the measure, "in a manner that complies with constitutional requirements," including being mixed with historical or educational items. The measure would prohibit the state from using public funds to defend the constitutionality of the amendment.
  • The proposal would also add statements regarding three religious rights to the state constitution, including: (1) every person would be at liberty to worship according to individual conscience; (2) no person would be compelled to attend or support a place of worship or minister; and (3) no person’s civil and political rights would be diminished or enlarged because of individual religious beliefs.
  • Sen. Gerald Dial (R-13) sponsored the amendment in the state Senate, where 21 votes were needed to pass the measure. The amendment received the support of 22 Republicans and one Democrat. Three Democrats voted against the amendment. Five Republicans and three Democrats did not vote. In the state House, Republicans hold 70 seats and Democrats hold 32 seats. At least 63 members need to vote in favor of it to refer the amendment to the 2018 general election ballot.
  • In 2002, the U.S. District Court for the Middle District of Alabama issued a ruling declaring that a Ten Commandments monument displayed in the state courthouse rotunda violated the U.S. Constitution. The monument was ordered by Roy Moore, who was chief justice of the Alabama Supreme Court between 2001-2003 and 2013-2017 and a candidate for U.S. Senate in 2017 . Moore appealed to the Eleventh Circuit Court of Appeals, which upheld the district court’s decision. Moore refused to remove the monument. The eight other members of the Alabama Supreme Court intervened on August 21, unanimously overruled Moore, and ordered the removal of the monument.

Washington State Senate agrees to bump stock buy-back program

  • The Washington State Senate concurred in the state House's amendment to SB 5992 in a 31 to 18 vote. Republican senators Doug Ericksen, Joe Fain, Curtis King, Mark Miloscia, Steve O'Ban, and Hans Zeiger joined all Democrats to vote in favor of an amendment to SB 5992.
  • SB 5992 would make it illegal to manufacture or sell a bump stock, effective July 1, 2018. The bill would additionally ban owning, buying, loaning, furnishing, transporting, assembling, or repairing a bump stock, effective July 1, 2019.
  • The approved amendment establishes a buy-back program administered by the Washington state patrol and implemented between July 1, 2018, and June 30, 2019. Individuals would be able to exchange their bump stocks for $150. Bump stocks usually cost between $130 and $330, according to the Columbia Basin Herald.
  • On February 23, the state House of Representatives passed SB 5992 56 to 41, with forty of the House's 48 Republicans and Democrat Brian Blake voting against the bill.
  • The bill was sent to Democratic Gov. Jay Inslee’s desk. Inslee tweeted his support for the bill.

Washington Legislature passes net neutrality bill

  • The Washington State Legislature passed HB 2282 when nine Republican senators joined the Senate's 26 Democrats to approve the measure, 35 to 14. The state House passed the measure on February 9, 93 to 5 (Republican representatives Vincent Buys, Mary Dye, Drew Stokesbary, Brandon Vick, and J.T. Wilcox voted against).
  • HB 2282 would prohibit internet service providers (ISPs) from blocking content, impairing traffic based on content, or engaging in paid prioritization. It would also require ISPs to disclose information about network management practices, performance, and commercial terms.
  • The bill was sent to Gov. Jay Inslee's (D) desk. Inslee tweeted that he was glad the legislature passed the measure.
  • The legislation is part of Washington's response to the Federal Communications Commission's (FCC) decision on December 14, 2017, to repeal net neutrality rules instituted during the Obama administration. The FCC also sought to prevent state and local government from imposing net neutrality rules.
  • As of February 18, 2018, Washington was one of 21 states and the District of Columbia involved in a legal challenge to the FCC's ruling. All of the states that joined the suit also had Democratic attorneys general. At least 26 other states had also introduced bills in response to the FCC's decision.

Washington Legislature approves bill allowing communities to adjust election systems

  • The Washington State Legislature passed SB 6002 when the House approved the measure. Republican Representatives Paul Graves (District 5b) and Larry Haler (District 8) joined the House's 50 Democrats to pass the bill, 52 to 46. The measure passed the state Senate on January 19, 29 to 19. Republican Senators Joe Fain, Brad Hawkins, Mark Miloscia, and Tim Sheldon joined every Democratic senator to vote "yes."
  • A bill analysis from the state House described the act's purpose as "to protect the equal opportunity for minority groups to participate in local elections." The act would allow cities, towns, and school districts, among others, to change election systems from city-wide or at-large elections to district elections, for example.
  • According to The Stand, a website connected to the Washington State Labor Council, AFL-CIO (WSLC), the act would provide local communities with a process other than litigation to address voter disenfranchisement. The Stand reported that similar legislation passed the state House six times in the past six years but failed in the state Senate, formerly under Republican control.
  • Washington is one of eight states with a Democratic trifecta, in which the House, Senate, and governor's office are controlled by the same party. Democrats gained control of the senate after Manka Dhingra (D) defeated Jinyoung Lee Englund (R) for the District 45 seat in a special election on November 7, 2017.

Wednesday, February 28

Filing deadline for North Carolina candidates

  • The filing deadline passed to run in elections across North Carolina. In 2018, North Carolina voters will elect 13 candidates to the U.S. House, all 50 state senators, and all 120 state house seats. This was also the filing deadline for multiple county-level, municipal, and school board elections in the state. The general election is scheduled on November 6, 2018.
  • As of March 2018, North Carolina operates under a divided government. Throughout the country, there are 16 states with divided governments. A total of 26 states have Republican trifectas, while eight states have Democratic trifectas. A state government trifecta is a term used to describe a single-party government where one political party holds the governor’s office and a majority in both chambers of the state legislature.

Virginia flood abatement tax exemption amendment certified for November ballot

  • The Virginia House of Delegates voted 89-8, with three not voting, to give final approval of a constitutional amendment— Senate Joint Resolution 21—to authorize local governments to provide a partial local property tax exemption for real estate subject to recurrent flooding that undertook improvements to abate or mitigate flooding or become more resilient against flooding. Since the state Senate approved the amendment earlier in the 2018 session and both chambers approved it in the 2017 session, this approval by the state House on February 28, 2018, certified the amendment for the ballot. The eight dissenters and three members that did not vote were Republicans. In 2017, 37 Republicans voted against the amendment.
  • Since Virginia is one of 12 states in which legislative approval of proposed constitutional amendments is required in two successive sessions before going to the ballot, legislative elections in Virginia can determine the fate of legislatively referred constitutional amendments that are part way through the process. Elections for the office of Virginia House of Delegates took place in 2017. All 100 house seats were up for election. The general election took place on November 7, 2017. Going into the election, Republicans controlled the state House by a 66-34 majority. In 2017, the state Senate was also controlled by Republicans 21-19 and remained so going into 2018. In 2017, the legislature approved this flood abatement tax exemption amendment along with four other proposals. This measure was approved with bi-partisan support, but legislators approved two constitutional amendments along partisan lines that were designed to empower the legislature to review and reject state administrative rules. The amendments, known as Senate Joint Resolution 295 (SJR 295) and House Joint Resolution 545 (HJR 545), faced opposition from all but one legislative Democrat. Most Republicans voted to approve the amendments, although 15 percent rejected SJR 295 and 20 percent rejected HJR 545. Due to Republicans’ 66-member majority in the state House, the party could afford to lose some members to the opposition. Because of the 15 seats that Democrats won from Republicans (the final outcome in one district is pending a lawsuit over results), the fate of these two amendments was made uncertain at best. As Republicans retained 51 of the chamber’s 100 seats, the amendments survival will depend on whether the party’s representatives can convince their five colleagues who voted against both proposals and were re-elected in 2017—Reps. Campbell, Edmunds, Garrett, Jones, and Ware—to vote in favor of them in 2018.
  • The other two amendments approved in 2017 were a transportation revenue lockbox amendment and an amendment to remove a restriction on where the surviving spouse of a disabled military veteran may have his or her principal place of residence in order to receive a property tax exemption. Both received bi-partisan support.

Simon Poll: Pritzker leads Illinois' Democratic gubernatorial field

  • Businessman J.B. Pritzker leads the Democratic field in this year's gubernatorial race in Illinois, according to a new poll released by Southern Illinois University's Paul Simon Public Policy Institute. The poll, which surveyed 472 Democrats from February 19-25 and has a margin of error of 4.5 percentage points, found that 31 percent of respondents favored Pritzker. State Sen. Daniel Biss and businessman Chris Kennedy rounded out the top three, with 21 percent of the vote and 17 percent, respectively. Twenty-five percent of respondents were undecided.
  • This was at least the sixth poll to find Pritzker ahead in the race. He also took the top spot among the surveyed candidates in a pair of polls conducted earlier in the month last month, two January polls, and a poll run in October 2017.
  • Six Democratic candidates - Biss, Kennedy, Pritzker, Madison County Superintendent of Schools Bob Daiber, nonprofit organizer Tio Hardiman, and physician Robert Marshall - filed for the March 20 primary. The Democratic nominee will face the winner of the Republican primary in the November 6 general election. Incumbent Bruce Rauner faces state Rep. Jeanne Ives in the Republican contest.

Illinois lawmakers advance four firearm-related bills

  • The Democratically-controlled Illinois House of Representatives passed four bills related to firearms.
    • Senate Bill 1657 passed in a 64-52 vote and was sent to the governor's desk. The state Senate approved the bill 30-21 in April of last year. SB 1657 would require firearms dealers to obtain a license from the state Department of Financial and Professional Regulation. The five-year licenses would cost $1,000. It would also create a gun dealer licensing board to assist in enforcing the bill. According to The Associated Press, opponents of the bill argued that firearms dealers are already required to obtain licenses from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. Bill sponsor Rep. Kathleen Willis (D) said more state oversight would help prevent criminals from possessing firearms.
    • House Bill 1467 passed by a vote of 83-31. The bill would prohibit the manufacture, sale, or possession of bump stocks. The bump stock, which allows semi-automatic firearms to fire similarly to automatic weapons, was linked with the October 2017 mass shooting in Las Vegas. Gov. Bruce Rauner's (R) press secretary said the governor would support a bump stock ban.
    • House Bill 1465 advanced in a 64 to 51 vote. HB 1465 would increase the age requirement for purchasing or possessing assault-style weapons from 18 to 21.
    • House Bill 1468 passed in a 79 to 37 vote. The bill would require a 72-hour waiting period before buyers could pick up assault-style weapons. Illinois law already requires a waiting period for handguns.
  • House Bills 1467, 1465, and 1468 were sent to the Illinois State Senate for approval.
  • Illinois is under divided government. Democrats control the state Senate (37-22) and the state House (67-51) while the governor's office is under Republican control.
  • Illinois will have a primary election on March 20, 2018. All 118 state House seats are up for election, as well as 39 seats out of the state Senate's 59 seats. Read more about the 2018 elections in Illinois’ state Senate and state House.

Vermont Senate unanimously passes legislation regarding extreme risk protection orders

  • The Vermont State Senate unanimously passed legislation that would allow law enforcement officers to obtain an extreme risk protection order. If approved by a judge, the order would allow the officer to seize firearms from an individual deemed to pose an extreme risk of injury to him- or herself or another person. An extreme protection order would allow police to seize firearms for 14 days with the possibility to extend the seizure depending on the results of a court hearing.
  • The bill had the support of Republican Governor Philip Scott and of groups such as the Vermont Federation of Sportsmen's Clubs and GunSense Vermont. The Vermont Federation of Sportmen's Clubs describes its mission as to "preserve our right to hunt, fish, trap, and own firearms" and to "foster & encourage all the shooting sports." GunSense Vermont describes itself as a group of gun owners and non-gun owners who support changing the state's gun laws "that make it too easy for guns to fall into the wrong hands."
  • The bill passed 12 days after police arrested a teenager allegedly planning to conduct a school shooting in Fair Haven, Vermont.

Indiana governor signs into law bill allowing for Sunday alcohol sales

  • Indiana Governor Eric Holcomb (R) signed Senate Bill 1 into law, providing for the legal sale of alcohol on Sundays for the first time in state history. The legislation was introduced in the Indiana State Senate, where it was approved by a vote of 39 to 10 on January 22, 2018. The Indiana House of Representatives approved an amended version of the bill by a vote of 82 to 10 on February 20, 2018. The Senate voted to concur in the House amendments on February 22, 2018, sending the legislation to Holcomb for his signature. Upon being signed, the legislation took immediate effect. Prior to the enactment of Senate Bill 1, Indiana was the last remaining state in the nation to bar Sunday alcohol sales.
    • Indiana is one of 26 states that operates under a Republican trifecta. A state government trifecta is a term used to describe a single-party government where one political party holds the governor’s office and a majority in both chambers of the state legislature.

Thursday, March 1

Candidate filing deadline in Arkansas

  • The deadline for candidates seeking election in Arkansas was Thursday, March 1. Arkansas voters in 2018 will weigh in on four U.S. House of Representatives seats, governor and six other state executive positions, 18 out of 35 state senate seats, all 100 state house seats, one state supreme court justice, and two seats on the Arkansas Court of Appeals.
  • Arkansas is currently represented by four Republicans in the U.S. House of Representatives. The state became a Republican trifecta following the 2014 elections when the Republican Party took back control of the governor’s office and retained control of both legislative chambers. Republicans maintained their trifecta in the 2016 elections. Entering the November 2018 election, Arkansas is one of 26 Republican state government trifectas.

Candidate filing deadline in Mississippi

  • The deadline for candidates seeking election in Mississippi was Thursday, March 1. One seat on the U.S. Senate and four seats on the U.S. House are up for election in 2018. Mississippi is currently represented in Congress by Republican Senator Roger Wicker, three Republican U.S. Representatives, and one Democratic U.S. Representative.
  • There is also one seat on the state supreme court and five seats on the Mississippi Court of Appeals up for election.
  • Entering the November 2018 election, Mississippi is one of 26 Republican state government trifectas.

Candidate filing deadline for non-incumbents in Nebraska

  • The deadline for non-incumbents to file for election in Nebraska passed on March 1. Nebraska voters will elect one member to the U.S. Senate, three members to the U.S. House of Representatives, governor and seven additional state executive positions, and 24 of 49 state senate seats. The filing deadline also passed to run in school board and municipal elections. A primary election will be held on May 15, 2018, and the general election is scheduled on November 6, 2018. The incumbent filing deadline passed on February 15, 2018.
  • Nebraska is one of 26 states that operates under a Republican trifecta. A state government trifecta is a term used to describe a single-party government where one political party holds the governor’s office and a majority in the single chamber of the state legislature.

Oregon Legislature approves bill about net neutrality, government contracts

  • The Oregon State Senate approved HB 4155, a bill about net neutrality and government contracts, by a 21 to 7 vote with four Republican senators voting in favor along with all Democrats. HB 4155 passed the state House of Representatives on Monday, February 26, 40 to 17. Six Republican representatives joined 34 Democrats to vote “yes.”
  • HB 4155 would not implement net neutrality rules but would require state and local governments in Oregon to contract with internet service providers (ISPs) that abide by net neutrality principles. State and local governments would be prohibited from contracting with ISPs that engage in paid prioritization, content blocking, or other forms of content discrimination.
  • Gov. Kate Brown (D) has previously tweeted support for preserving net neutrality principles.
  • Oregon is one of eight Democratic state government trifectas: Democrats control the House, Senate, and the governor’s office.
  • On December 14, 2017, the Federal Communications Commission (FCC) voted 3-2, along party lines, to repeal net neutrality rules instituted during the Obama administration. The FCC also sought to prevent state and local government from imposing net neutrality rules.
  • As of February 18, 2018, legislators in at least 26 other states have introduced bills in response to the FCC's ruling. Many of the bills focus on net neutrality requirements for ISPs who do business directly with the state.
  • Oregon also joined 20 states and the District of Columbia in a legal challenge to the FCC's ruling repealing the 2015 Open Internet Order. All of the states that joined the suit have Democratic attorneys general. Click here for more information about state responses to the FCC ruling.

Iowa governor appoints new state agriculture secretary

  • Iowa Gov. Kim Reynolds (R) appointed Mike Naig (R) as Iowa Secretary of Agriculture. Naig replaced Bill Northey (R), who was confirmed as under secretary of agriculture for farm and foreign agricultural services for the U.S. Department of Agriculture on February 27. Naig will serve for the remainder of Northey's term, which will end in January 2019.
  • According to the Sioux City Journal, Naig has expressed interest in running for the position in this year's elections, which will take place on November 6, 2018. The candidate filing deadline is March 16, 2018.
  • Iowa is one of 26 states that operates under a Republican trifecta. A state government trifecta is a term used to describe a single-party government where one political party holds the governor’s office and a majority in both chambers of the state legislature.

Georgia Legislature eliminates jet fuel sales tax exemption from tax bill

  • The Georgia State Legislature eliminated a provision that would have provided a jet fuel sales tax exemption to companies like Delta Airlines from a larger tax measure, HB 918. Delta was estimated to receive $40 million of the $50 million in projected savings from the provision.
  • HB 918 would also reduce the top individual and corporate tax rate from 6 percent to 5.5 percent by 2020, and would double standard deductions for taxpayers.
  • The state Senate passed HB 918 without the tax exemption provision by a 44 to 10 vote. Democrats accounted for all the "no" votes. The state House, which had already passed the tax measure with the jet fuel sales tax provision intact on February 26, agreed to the Senate's amended version, 135 to 24. Gov. Nathan Deal (R) said he would sign the measure.
  • Delta Airlines announced on February 24 that they would no longer provide discounted fares to National Rifle Association (NRA) members. According to Delta, the company was the state's largest private employer, with 33,000 employees statewide in 2015, and contributed $300 million per year to state and local governments through taxes and fees. The company has been based in Atlanta since 1941.

Illinois Senate votes to ask voters about marijuana legalization in non-binding referendum

  • The Illinois State Senate voted 37-13, with nine members not voting, to ask voters in a non-binding referendum whether to legalize the possession and use of marijuana for persons 21 years old or older and tax and regulate marijuana similarly to how the state taxes and regulates tobacco and alcohol. Senate Democrats and about a quarter of Senate Republicans supported referring the question to the ballot for the election on November 6, 2018.
  • As a non-binding referendum, the question would not require the state legislature to take action. Should a majority of voters approve the question, the legislature would still need to pass a bill to legalize marijuana. Sen. Bill Cunningham (D-18), a legislative sponsor of the question, said, "I think it well advised for us as members of the Illinois General Assembly, before we possibly take a vote on this issue, to find out what our voters think.” Sen. Chris Nybo (R-24), who voted against referring the question in the state Senate, stated, "I just think that given what the state of Illinois is facing there are so many other important issues we should be putting before our citizens.”
  • The question was sent to the state House of Representatives, where 60 votes are needed to pass the measure. Democrats control 67 seats and Republicans control 51 seats. As the question is a piece of legislation, and not a resolution like constitutional amendments, Gov. Bruce Rauner (R) would need to sign the bill to send the question to the ballot. Gov. Rauner has said that he is opposed to marijuana legalization, but he has not commented on the advisory question. Rachel Bold, the governor’s press secretary, stated, “If legislators want to put a referendum on the ballot, they should put term limits on the ballot. We know the people of Illinois want term limits – let’s give them a chance to vote on the issue.” Voters in Cook County, Illinois, will be asked a similar question about whether the state should legalize marijuana on March 20, 2018.
  • As of March 2018, the possession and use of marijuana for recreational purposes is illegal in Illinois. The state has decriminalized the possession of 10 grams or less of marijuana and has a medical marijuana program.
  • In 2014, legislative Democrats, with the signature of Gov. Quinn (D), referred three non-binding questions to the statewide ballot, which asked about whether health insurance plans should be required to cover prescription birth control, whether the state should increase the minimum wage to $10 an hour, and whether the state should enact a 3 percent tax on incomes greater than $1 million. Voters approved all three questions. The legislature failed to pass a tax on income greater than $1 million, with the state House defeating an amendment in 2016. The legislature passed a $15 minimum wage bill in 2017, but Gov. Rauner vetoed the legislation. The one policy change that did follow a 2014 advisory question was a bill to require health insurance to cover birth control, without co-payments or deductibles, for state employees and those with state-regulated health plans.

West Virginia teacher walkout reaches day seven out of the classroom

  • Public schools in West Virginia remained closed on March 2 after the state Senate tabled a motion to immediately consider a bill that would give school employees a 5 percent raise. The walkout, which was expected to end Thursday, March 1, continued over concerns with the Public Employee Insurance Agency (PEIA), a state insurance plan in poor fiscal health, according to CNN.
  • Background
    • In a demand for better pay and benefits, about 22,000 public school teachers and 13,000 staff walked out on Thursday, February 22, causing schools to close.
    • The walkout occurred after Gov. Jim Justice (R) on Wednesday, February 21, signed legislation granting teachers a 2 percent pay raise, effective July 2018, followed by a 1 percent pay raise in 2019 and 2020.
    • Christine Campbell, president of the American Federation of Teachers-West Virginia, told CNN that the bill did not address teacher concerns about the teachers' public employees insurance program, rising healthcare costs, and payroll tax deduction options.
  • Governor, legislature propose pay raise
    • On February 27, Gov. Justice proposed increasing the already-passed teacher pay raise to 5 percent and suggested funding for the raise could come from extra revenue expected from measures such as the federal tax cut.
    • On February 28—the deadline for the state Legislature to pass a bill out of its chamber of origin—the House of Delegates suspended constitutional rules and voted on HB 4145, a bill to raise school employee pay 5 percent. The bill passed 98 to 1. On the same day, the governor issued an executive order creating a special task force "to address and explore all avenues that will lead to a permanent fix for [the Public Employees Insurance Agency]." He also placed a 16 month moratorium on the agency.
    • On March 1, the state Senate tabled a motion to immediately consider HB 4145 and placed it on the Senate finance committee agenda. According to The Associated Press, the Senate version of HB 4145 would allocate the revenue surplus the governor identified towards the PEIA instead of teacher pay.
  • West Virginia Attorney General’s response
    • Also on March 1, West Virginia Attorney General Patrick Morrisey (R) said his office was prepared to take legal action should any agency, such as the West Virginia Superintendent of Schools or the state Board of Education, request it. In a statement last week, state Superintendent Steven L. Paine said he believed the walkout was unlawful. As of March 1, the attorney general had not received any legal action requests.
  • The National Education Association ranked the average salary for West Virginia teachers in 2016 ($45,622) as one of the lowest (48th) in the country, ahead of Oklahoma, Mississippi, and South Dakota (ranked 49th, 50th, and 51st, respectively).
  • All 100 House seats are up for election in 2018, along with 17 out of 34 seats in the Senate. A primary election will be held on May 8, 2018.

Special Elections

As of this week, 22 state legislative seats have been filled through a special election in 2018, and another 27 special elections have been scheduled in 16 states. 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:

March 6

Local Politics: The Week in Review

Elections Update

  • In 2018, Ballotpedia is providing comprehensive coverage of elections in America's 100 largest cities by population. This encompasses every office on the ballot in these cities, which includes their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections as well as all local ballot measures in California.
  • Local ballot measure elections occurred in California on January 23, January 30, and February 27.
  • The next local ballot measure election dates in California are on March 6 and April 10.
  • On March 20, voters in Cook County, Illinois, will decide an advisory question on whether or not to legalize recreational marijuana.
  • On April 3, 2018, Anchorage voters will decide 13 propositions, including Proposition 1, a citizen initiative designed to require access to public restrooms and locker rooms based on sex at birth rather than self-identified gender identity. The other propositions include bond issues, a property tax exemption measure, a charter amendment concerning the sale of ML&P, and fire service area annexation measure.
  • Also on April 3, 2018, Kansas City voters will decide a capital improvements sales tax measure.

Tuesday, February 27

No incumbents file for Newark’s school board race

  • Fourteen candidates filed to run in the Newark Public Schools election next month—and none of them were incumbents. The 2018 election marks the third since 2011 that did not see any incumbents file for re-election. The election will also be the first since the district regained full local control from the State of New Jersey after over two decades of state oversight. The filing deadline passed on February 27, although the candidates have until March 5 to amend or withdraw their petitions.
  • The 2017 election saw the Newark Unity slate of candidates win all three spots up for election. This race was the seventh consecutive one to feature a slate of candidates backed by Newark Mayor Ras Baraka, leaving the board entirely comprised of Baraka-backed candidates. Ballotpedia has not yet identified whether any candidates will run as a slate backed by Baraka in 2018.

Filing deadline for Maryland candidates

  • The filing deadline for candidates running in Maryland elections passed. Federal and state offices on the ballot this year will include a U.S. Senate seat, eight U.S. House seats, four state executive offices including the governor and attorney general, all 47 state Senate seats, all 141 state House seats, two of the seven seats on the state court of appeals, and three of 13 seats on the state court of special appeals. Local offices on the ballot will include several municipal offices in Baltimore as well as circuit court judgeships and school board positions across the state. Ballotpedia's featured elections in Maryland this year include the Democratic primaries for governor and the 6th Congressional District and the general election contest for governor. The state's primary is on June 26, and the general election is on November 6, 2018.

SF mayoral candidate takes legal action to remove “acting mayor” title from Breed’s ballot designation

  • San Francisco mayoral candidate Mark Leno filed a writ in the San Francisco Superior Court on February 27 aiming to require fellow candidate London Breed to remove the title of "acting mayor" from her ballot designation for the June 5, 2018, special election. Breed became the acting mayor immediately upon the passing of former Mayor Ed Lee in December 2017 since she was the board president of the San Francisco Board of Supervisors. She was later removed by the board by a 6-3 vote, in part because the board wanted an interim mayor who wasn’t also running in the special election to replace Lee.
  • “Because Breed is not the Acting Mayor of San Francisco, and does not perform any mayoral duties, her chosen ballot designation is not factually accurate and it misleads the voters, in violation of the California Elections Code,” the petition read.
  • Breed's spokeswoman Tara Moriarty issued a response to the legal action. "To be clear — this is not Board President Breed’s call...President Breed was Acting Mayor when papers were filed; she has no problem being listed as President of the Board of Supervisors. But the law is clear: Per Elections Code section 13017(g) a candidate is not permitted to change his or her ballot designation after the deadline for filing nomination papers. It’s up to the Department of Elections to defend its decision on the ballot designation."
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, March 6

Texas statewide primary election

Special election for Oklahoma House of Representatives District 51Title

  • Republican Brad Boles will face off against Democrat Charles Murdock in a special general election to fill the vacancy left when the previous incumbent, Republican Scott Biggs, resigned to accept a job with the federal government.
  • The seat has been securely Republican since at least 2012. In 2016, Biggs won re-election with nearly 80 percent of the vote.
  • Oklahoma has been a Republican trifecta since 2010. Republicans control the governor’s office and the state legislature.

Oregon candidate filing deadline

  • The filing deadline for candidates running in Oregon elections will pass. Federal and state offices on the ballot this year will include five U.S. House seats, two state executive offices including the governor and labor commissioner, 15 of the 30 state senate seats, all 60 state house seats, three of the seven seats on the state supreme court, and three of the 13 seats on the state court of appeals. Local offices on the ballot will include several municipal offices in the city of Portland and Multnomah County. The state's primary is on May 15, and the general election is on November 6, 2018.

Recall election being held in Unalaska, Alaska

  • A recall election against Unalaska Mayor Mayor Frank Kelty will be held on March 6. Ryan Burke initiated the recall and accuses Kelty of giving one company preference for dock usage instead of having a public bidding process.
  • Recall organizers needed to gather and submit at least 168 valid signatures from city residents by December 22, 2017, to require an election. The signatures were turned in on December 15, 2017. The city clerk's office had until December 26, 2017, to determine whether there were enough valid signatures. Kelty declined to appeal, and the recall election was scheduled.

State legislative special elections being held in Massachusetts

Filing deadline for Pennsylvania candidates

  • The filing deadline for candidates running in statewide elections in Pennsylvania will pass. State offices on the ballot this year will include the governorship, lieutenant governorship, 25 of the 50 state Senate seats, and all 203 state House seats. Ballotpedia's featured elections in Pennsylvania this year include the Democratic primaries for Congressional districts 1 and 15 . Featured Republican primaries include the race for governor as well as Congressional districts 8, 9, 11 and 15. The filing deadline for federal offices is on March 20. The state's primary is on May 15, and the general election is on November 6, 2018.

Friday, March 9

Idaho candidate filing deadline

  • The filing deadline for candidates running in Idaho elections will pass. Federal and state offices on the ballot this year will include two U.S. House seats, seven state executive offices including the governor and lieutenant governor, all 35 state senate seats, all 70 state house seats, one of the five seats on the state supreme court, and two of the four seats on the state court of appeals. Local offices on the ballot will include several municipal offices in Ada County as well as school board elections in Boise. The state's primary is on May 15, and the general election is on November 6, 2018.

California candidate filing deadline to pass

  • The filing deadline for California’s state elections is March 9. Twenty state Senate seats, 80 state House seats, and a number of state executive seats including governor will be on the primary election ballot on June 5. The two candidates who receive the most votes in that primary, regardless of party, will advance to the general election on November 6. If no incumbent files for a specific seat, the filing deadline will be extended to March 14.

Georgia candidate filing deadline

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Local Politics: What's On Tap Next Week

Tuesday, March 6

Texas statewide primary election

Special election to be held for the Pittsburgh City Council

  • The city of Pittsburgh, Pennsylvania, is holding a special election for the District 8 seat on the city council. The seat was left vacant after the resignation of Dan Gilman (D). Gilman resigned on January 3, 2018, in order to work as Mayor Bill Peduto's chief of staff.
  • Sonja Finn (D), Rennick Remley (R), Marty Healey (I), and Erika Strassburger (I) are facing off in the special election.

Friday, March 9

California local filing deadline to pass

  • The filing deadline for a number of counties, cities, superior courts, and school districts in California will pass on March 9. If no incumbent files for a specific seat, the filing deadline will be extended to March 14. Ballotpedia is covering elections comprehensively in 12 counties that are holding elections on June 5. Some offices on the ballot will send candidates to a runoff election on November 6 if one candidate does not receive a majority of the votes for a specific seat, while other races will determine the winners outright on June 5 in a general election.
  • Other local offices across the state will be holding general elections on November 6. The filing deadlines for those offices is in August.


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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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