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The State and Local Tap: Fewest state legislative chambers switch partisan control since 1944

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November 14, 2020Issue No. 231

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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

  • There were 120 statewide measures on the ballot in 32 states on Nov. 3. As of Nov. 12 at 11:00 pm, Ballotpedia had called 84 measures as approved and 28 as defeated. The remaining eight were uncalled.
  • Click here to see all ballot measure election results, including highlighted measures.
  • Including the eight measures on the ballot earlier this year and one measure on the ballot in December, a total of 129 statewide ballot measures were certified for the 2020 ballot in 34 states.
    • Forty-three of the certified measures were citizen-initiated measures. Eighty-one were legislative referrals. One was an automatic constitutional revision commission question. Four were advisory measures in Washington.

Monday, November 9

Utah governor issues statewide mask order

  • Gov. Gary Herbert (R) issued a statewide order, effective Nov. 9, requiring people to wear masks in public when social distancing cannot be maintained. The order expires Nov. 23. Previously, masks were only required in high transmission-level counties.
  • Utah is the 34th state to issue a statewide order requiring individuals to wear masks in indoor or outdoor public spaces. All 24 states with a Democratic governor have statewide mask orders, while ten out of 26 Republican states require face coverings.

Tuesday, November 10

Martin Jenkins confirmed to the California Supreme Court

Alonso Vega resigns from Puerto Rico House of Representatives

  • Rep. Néstor Alonso Vega (New Progressive Party) resigned from his seat in the Puerto Rico House of Representatives on Nov. 10. Alonso Vega, who held an at-large seat in the chamber, had been arrested and indicted for a kickback scheme in which he allegedly increased an employee’s salary in order to receive half of the increase in return.
  • Alonso Vega had recently won re-election to his seat on Nov. 3. He is the third member of the Puerto Rico House of Representatives to have resigned after being arrested and charged with corruption this year, after María Charbonier Laureano and Nelson Del Valle Colón.
  • The Puerto Rico House of Representatives is the lower chamber of Puerto Rico’s bicameral legislature. All 51 of Puerto Rico’s House seats were up for election on Nov.3. Prior to the election, the New Progressive Party controlled the chamber with 35 seats, while the Popular Democratic Party held 15 seats, and one was held by an Independent. The results of the November election are not yet final.

Wednesday, November 11

Franklin Babauta appointed to Northern Mariana Islands House of Representatives

  • Northern Mariana Islands Governor Ralph Torres appointed Franklin Babauta to the District 1 seat in the NMI House of Representatives on Nov. 11. This seat had been vacant since October when former NMI House Minority Leader Edwin Propst resigned due to allegations of sexual misconduct.
  • The constitution of the Northern Mariana Islands requires that legislative vacancies which occur when less than half the term remains must be filled by the appointment of the candidate who won the next most votes in the most recent election for the seat. Babauta ran as an independent in the 2018 election, in which he placed seventh in a race for six seats. Babauta will serve out the remainder of Propst’s term, which ends in January 2021. He did not run for election to the seat in the general election on Nov. 3.
  • The Northern Mariana Islands House of Representatives is the lower house of the Northern Mariana Islands Commonwealth Legislature. All 20 seats in the chamber were up for election on Nov. 3. Prior to the election, the Republican Party held a majority in the chamber.

State governments see little change from Nov. 3 elections

  • Forty-four states held elections for one or more trifecta and triplex offices this year. Both Republicans and Democrats made gains in states with divided partisan control of state government.
  • A state government trifecta occurs when one party holds a state’s governorship and majorities in both chambers of the state legislature. Heading into the elections, Republicans had 21 state government trifectas, and Democrats had 15, leaving 14 states with divided government. As of Nov. 13, control of the Alaska House of Representatives had not yet been determined.
    • Republicans gained state government trifectas in Montana and New Hampshire. In Montana, Greg Gianforte (R) became the first Republican to win a gubernatorial election since 2000, while legislative Republicans held their majorities. Montana’s last state government trifecta was broken in 2004, meaning its divided government has lasted longer than in any other state. In New Hampshire, Republicans flipped both state legislative chambers while Chris Sununu (R) was re-elected as governor, restoring the Republican trifecta Democrats broke when they flipped the legislature in 2018.
  • Democrats held all of their trifectas but did not gain any new ones. Depending on whether Republicans gain a trifecta in Alaska, the 2020 elections will leave the nation with either 38 or 39 trifectas, the most since at least 1992.
    • A state government triplex occurs when the governor, attorney general, and secretary of state are all members of the same party. There were 19 Republican triplexes and 17 Democratic triplexes heading into the election, leaving 14 states without a triplex. As of Nov. 13, it was too early to determine the post-election triplex status of New Hampshire, where the secretary of state is appointed by the state legislature, and North Carolina, where the attorney general election remained too close to call. While New Hampshire did not have a triplex at the time of the election, North Carolina had a Democratic triplex.
    • Democrats and Republicans both gained one triplex in 2020. In Montana, Republicans flipped the governorship while holding the attorney general and secretary of state’s offices. In Oregon, Democrats flipped the secretary of state’s office and held the attorney general’s office, while Gov. Kate Brown (D) was not up for re-election.


Republicans gain control of two state legislative chambers in Nov. 3 elections, fewest flips since 1944

  • Elections were held for 86 state legislative chambers in 44 states this year. Heading into the elections, Republicans held a majority in 59 of the nation’s 99 state legislative chambers, while Democrats held a majority in 39. The Alaska House of Representatives was under a power-sharing agreement.
  • As of Nov. 13, final control of the Alaska House remained too early to call. Control of 83 state legislative chambers did not change.
  • The only two state legislative chambers to change control this year were the New Hampshire Senate and House. Both chambers flipped from Republican to Democratic control in 2018 and returned to Republican control this year.
  • Ballotpedia identified 24 state legislative battleground chambers this year, 23 of which were selected because they had a chance to flip control. Those chambers included 14 with Republican majorities at the time of the election, eight with Democratic majorities, and the Alaska House.
  • Regardless of whether the Alaska House flips, this will be the fewest number of state legislative chamber flips since 1944. That year, control of four chambers flipped.

Vermont requires all visitors to quarantine, Maryland issues new travel advisory

  • Vermont Gov. Phil Scott (R) issued a new order on Nov. 11 requiring all out-of-state travelers to self-quarantine for 14 days. Visitors can end their quarantine after seven days if they do not have symptoms and can produce a negative COVID-19 test. Visitors engaged in essential travel are exempt from the quarantine requirement.
    • Previously, Vermont had published a weekly list of high-risk and low-risk counties in neighboring states. Travelers from low-risk counties had been exempt from the quarantine requirement.
  • Gov. Larry Hogan (R) issued a travel advisory asking Maryland on Nov. 10 residents to avoid non-essential travel to other states, especially states with a COVID-19 positivity rate greater than 10%. Residents or out-of-state travelers who arrive in Maryland from a state that meets that threshold are asked to get tested and self-quarantine until the results come back.
  • Governors or state agencies in 25 states issued executive orders placing restrictions on out-of-state visitors. At least 14 of those orders have been rescinded.

Summarizing results from this year’s state executive elections

  • Thirteen states held elections for one or more top-four state executive offices (governor, lieutenant governor, attorney general, and secretary of state) in 2020. As of Nov. 13, final results in two elections remained too close to call.
  • Eleven states held elections for governor this year, including seven with a Republican governor and four with a Democratic governor. Nine incumbents (six Republicans and three Democrats) ran for re-election, all of whom were elected to a new term. In Utah, Gary Herbert (R), who has served as governor since 2009, did not run for re-election and was succeeded by Lt. Gov. Spencer Cox (R).
    • The only state where control of the governorship changed was Montana, where Gov. Steve Bullock (D) was term-limited. Bullock’s lieutenant governor, Mike Cooney (D), was defeated by U.S. Rep. Greg Gianforte (R), who was also the party’s nominee for governor in 2016. Gianforte’s win gave Republicans a trifecta in Montana.
  • Nine states held elections for lieutenant governor. This includes four states where the lieutenant governor runs on a ticket with the governor and five where the office is elected separately. The only state where partisan control of the office changed was Vermont. Vermont allows multiple political parties to nominate the same candidate, a process known as fusion voting. Incumbent David Zuckerman (VPP) is a member of the Progressive Party but was also nominated by the Democratic Party for lieutenant governor. Zuckerman ran for governor this year, and the Democratic and Progressive parties nominated different candidates for lieutenant governor. Democrat Molly Gray won the election to succeed Zuckerman.
  • Ten states held elections for attorney general; five with a Democratic attorney general and five with a Republican attorney general. As of Nov. 13, the attorney general elections in North Carolina and Washington, both states with Democratic incumbents, remained too close to call, although Bob Ferguson (D) appeared headed to re-election in Washington. None of the other attorney general elections resulted in a change in partisan control.
  • Seven states elected a secretary of state; five with a Republican secretary of state and two with a Democratic secretary of state. The only state where control of the office changed was Oregon, where Shemia Fagan (D) defeated Kim Thatcher (R) to flip the office back to Democrats. In Oregon, the secretary of state is first in line to the governorship; current governor Kate Brown (D) was secretary of state before succeeding to the governorship following John Kitzhaber’s (D) 2015 resignation. Fagan’s win gives Democrats a triplex in Oregon.

Thursday, November 12

Pennsylvania court invalidates mail-in ballots where proof of identity was submitted after Nov. 9

  • Pennsylvania Commonwealth Court Judge Mary Hannah Leavitt ruled Nov. 12 that Secretary of the Commonwealth Kathy Boockvar (D) lacked statutory authority to extend the deadline for mail-in voters to submit missing proof of identity. Leavitt barred election officials from counting ballots for which identification was received and verified after Nov. 9.
    • The Donald Trump campaign and the Republican National Committee sued Boockvar on Nov. 4 and the state's 67 county election boards, alleging that the deadline extension violated state law. Leavitt, a Republican, ordered election officials on Nov. 5 to segregate the ballots in question but stopped short at that time of invalidating the ballots altogether.
    • To date, Ballotpedia has tracked 33 lawsuits and court orders, spanning eight states, involving election disputes. For more information, click here.

Friday, November 13

New Mexico, Oregon announce new coronavirus restrictions

  • New Mexico Gov. Michelle Lujan Grisham (D) issued a statewide order Nov. 13 requiring nonessential businesses to stop all in-person activity, effective Nov. 16-30. Restaurants will be limited to delivery and curbside pickup. Religious services and state-defined essential retail spaces will not be allowed to exceed the lesser of 25 percent occupancy or 75 total individuals. Gatherings of up to 5 people from different households will still be allowed. For a full list of business and individual activities, click here to view Lujan Grisham’s full executive order.
  • Oregon Gov. Kate Brown (D) issued statewide restrictions effective Nov. 18 through Dec. 2. The order limits restaurants to delivery and curbside pickup services. Social gatherings will be limited to six people or fewer. Gyms and all indoor and outdoor recreational facilities (including zoos, pools, and museums) will be closed. Religious services will be limited to 25 people indoors or 50 people outdoors. The order will not change restrictions on personal care service businesses like barbershops.
  • New Mexico started reopening from its initial March 23 closures on May 11. Oregon also ordered its first statewide closure on March 23. The state started reopening on May 15.

Special Elections

Local Politics: The Week in Review

In 2020, 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, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia is also covering all local recall elections as well as all local ballot measures in California.

Thursday, November 12

A look at results from Nov. 3’s municipal elections

  • In this year’s November mayoral elections, four of the 24 elections called so far have seen party changes. Republicans lost three offices, and Democrats lost one. Democrats and independents each flipped two offices.
  • With the results we have so far, here’s what we know:
    • Democratic mayors increased from overseeing 63 of the 100 largest cities to 65.
    • Republican mayors decreased from holding 28 offices to 25.
    • Independents increased from holding three offices to holding five.
    • Mayoral races in Riverside and Stockton, California, remain undecided. December runoff elections for mayor will be held in Baton Rouge, Louisiana (Dec. 5); Corpus Christi, Texas (Dec. 12); and El Paso, Texas (Dec. 15).
  • Here’s a rundown of the races where parties changed hands:
    • In Honolulu, Hawaii, independent Rick Blangiardi won the open seat. Democratic mayor Kirk Caldwell was term-limited.
    • In Irvine, California, Democrat Farrah Khan defeated incumbent Christina Shea (R).
    • In San Diego, California, Democrat Todd Gloria won the open seat. The incumbent, Kevin Faulconer (R), was term-limited.
    • In Scottsdale, Arizona, independent David Ortega won the open seat. Incumbent Jim Lane (R) was term-limited.
    • In those four cities—and in most of the nation's largest cities—mayoral elections are officially nonpartisan, though many officeholders and candidates are affiliated with political parties. Read about the criteria Ballotpedia uses to identify each officeholder's partisan affiliation here.
  • Elections were held in 29 of the 100 largest U.S. cities. In 15 of the 29 cities, the incumbent was Republican at the start of 2020. Twelve incumbents were Democratic, one was independent, and one was nonpartisan.
  • In other notable local races:
    • George Gascón defeated incumbent Jackie Lacey in the nonpartisan general election for Los Angeles County District Attorney, the nation's largest local prosecutorial district. Preliminary returns show Gascón defeated Lacey 54% to 46%.
      • Gascón served two terms as San Francisco District Attorney, winning election to succeed Kamala Harris in 2011 and winning re-election unopposed in 2015. He did not seek election to a third term in 2019. Lacey was first elected as Los Angeles County District Attorney in 2012 and was re-elected unopposed in 2016.
      • Gascón was endorsed by Sen. Kamala Harris (D-Calif.), California Gov. Gavin Newsom (D), and Sen. Bernie Sanders (I-Vt.). Lacey received endorsements from Sen. Dianne Feinstein (D-Calif.), California State Treasurer Fiona Ma (D), and the Los Angeles County Police Chiefs’ Association.
      • Lacey was the first-place finisher in the March 3 nonpartisan primary, winning 49% of the vote to Gascón's 28%.
      • The last time an incumbent Los Angeles County district attorney was defeated in a re-election bid was in 2000.
  • Incumbent Ted Wheeler defeated Sarah Iannarone and write-in candidate Teressa Raiford (write-in) in the general election for mayor of Portland, Oregon.
    • Nineteen candidates ran in the May 19 primary. Wheeler received 49.1%—less than the majority needed to win the election outright. Iannarone received 24%, and Raiford received 8.5%.
    • Wheeler had support from United for Portland, a group that formed in October and included the Services Employees International Union, the Portland Business Alliance, the Oregon Restaurant & Lodging Association, the Oregon League of Conservation Voters, and the Portland NAACP.[5] Iannarone's endorsers included Sen. Bernie Sanders (I-Vt.), Our Revolution, and the Oregon Progressive Party.
  • Daniella Levine Cava defeated Esteban Bovo Jr. in the nonpartisan general election for Mayor of Miami-Dade County on Nov. 3. Incumbent Mayor Carlos Gimenez reached his consecutive term limit and could not run for re-election.
    • In the August nonpartisan primary, Bovo and Levine Cava advanced with 29.5% and 28.6% of the vote, respectively. Though the race is nonpartisan, the candidates received partisan support. Four local Republican organizations endorsed Bovo, who held office in the Florida House of Representatives as a Republican from 2008 to 2012. Seven local and state Democratic organizations, including the Florida Democratic Party, endorsed Levine Cava.
    • The office was last held by a Democratic-aligned candidate in 2004, which was also the last time a Democratic-aligned candidate and a Republican-aligned candidate faced off in a general election. Gimenez, a Republican, won re-election 48% to 32% in 2016, and won re-election in the primary with 54% in 2012.

States in session

Six states—Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania—are in regular session.

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WHAT'S ON TAP NEXT WEEK

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



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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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