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September 8, 2017Issue No. 80

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Week in review
On tap next week

THE WEEK IN REVIEW

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

State Politics: The Week in Review

Ballot Measures Update

2017:

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

2018:

Tuesday, September 5

Fifth Circuit stays ruling against Texas' voter ID law, allowing state to enforce voter ID requirements in Nov. 2017 elections

  • A panel of the United States Court of Appeals for the 5th Circuit voted 2-1 to stay an earlier ruling by a federal judge that barred Texas from enforcing its revised voter ID law, SB 5, in elections taking place in November 2017. Judges Jerry Smith and Jennifer Elrod formed the panel's majority and wrote the following in the Fifth Circuit's order: "The State has made a strong showing that it is likely to succeed on the merits. SB 5 allows voters without qualifying photo ID to cast regular ballots by executing a declaration that they face a reasonable impediment to obtaining qualifying photo ID. This declaration is made under the penalty of perjury. As the State explains, each of the 27 voters identified—whose testimony the plaintiffs used to support their discriminatory-effect chain—can vote without impediment under SB 5." Likelihood of success on the merits is a factor considered by judges when determining whether to stay a court order: if the party requesting a temporary stay is able to demonstrate that it will likely win the case, a judge is more likely to grant the request. Judge James Gray dissented, arguing that it was not clear that the state was likely to succeed on the merits and that, therefore, the request for a stay should have been denied. Further consideration of the case is pending in the Fifth Circuit.
    • Texas' voter ID law has been the subject of ongoing litigation. To learn more, see this article.

Republicans retain seat in a New Hampshire House special election

  • A special election was held for the Grafton 9 district of the New Hampshire House of Representatives. Vincent Migliore (R) defeated Joshua Adjutant (D) and John J. Babiarz (L) in the special election. The seat became vacant on February 22, 2017, when Jeff Shackett (R) resigned from the state House. Shackett and incumbent Robert Hull (R) were re-elected in 2016 with 30.43 percent and 25.83 percent of the vote, respectively.
  • New Hampshire is one of 26 Republican state government trifectas. With six vacancies and one member not yet sworn in, Republicans hold a 219-171 majority in the state House. There are also three Libertarians in the chamber. Republicans have a 14-10 majority in the state Senate. Governor Chris Sununu (R) was elected to a two-year term in 2016.

Hawaii governor signs rail tax bill

  • On Tuesday, Gov. David Ige (D) signed Senate Bill 4, which aims to fill a funding shortfall for Honolulu’s rail project. The bill was passed by the legislature last week during a five-day special session. In early May, Hawaii lawmakers ended their regularly-scheduled session without reaching a deal on how to fund the rest of the project. The project was budgeted for $6.8 billion but is now expected to cost around $10 billion. The Federal Transit Administration (FTA) is providing $1.55 billion for the project. Lawmakers were given a September 15 deadline to submit a financial plan to finish the rail project.
  • Senate and House leaders outlined their plan for the $2.378 billion funding shortfall package on August 24. SB 4 extends a 0.5 percent general excise tax surcharge on Oahu for three additional years from 2027 to 2030. The bill also increases Hawaii’s hotel room tax from 9.25 percent to 10.25 percent through 2030.
  • Hawaii is one of six Democratic trifectas. Democrats hold all 25 seats in the state Senate and the state House by a 46-5 margin. Gov. David Ige was elected to a four-year term in 2014.

General election ballot set in South Carolina special election

  • A special primary election was held for District 113 of the South Carolina House of Representatives. Marvin Pendarvis defeated Chris Collins and Angela Hanyak in the Democratic primary. Theron Sandy II defeated Rouzy Vafaie in the Republican primary. The general election between Pendarvis and Sandy is being held on November 7, 2017.
  • District 113 became vacant in August after Jackson Whipper (D) resigned to become a magistrate judge in Charleston County. Whipper was first elected to the state House in 1996. He did not face a general election opponent in the last decade.
  • South Carolina is one of 26 Republican state government trifectas. With four vacancies, Republicans maintain a 78-42 majority in the state House. Republicans have a 28-18 majority in the state Senate. Governor Henry McMaster (R) succeeded former Governor Nikki Haley (R), who was confirmed as the U.S. ambassador to the United Nations on January 24, 2017. McMaster will serve out the remainder of Haley's term, which expires in January 2019.

Wisconsin budget moves forward in the state legislature

  • The Joint Finance Committee of the Wisconsin State Legislature passed a motion Tuesday night that will lead to budget negotiations moving forward in the legislature. The plan, which was passed by the committee on a 12-4 party-line vote, puts $400 million towards transportation. Governor Scott Walker’s (R) budget proposal had $500 million going into transportation. The committee's plan also includes a state registration fee of $100 for electric vehicles and $75 for hybrid vehicles. On Wednesday, the full $76 billion budget passed in the finance committee. The state Senate and state House are both expected to see the budget put to a vote within the next two weeks.
  • Lawmakers in Wisconsin failed to pass a state budget by the start of the state’s new fiscal year on July 1. Since 1997, the state has passed only three budgets by July 1. In Wisconsin, spending levels from the previous two-year budget stay in effect until a new budget passes, allowing state agencies to continue operating and sparing citizens from most effects of a government shutdown. Continued budget stalemates can result in some projects being delayed and local school districts being put in the position of setting budgets without knowing how much state funding will be available.
  • Wisconsin is one of 26 Republican state government trifectas. Republicans control the state Senate with a 20-13 majority and the state Assembly with a 64-35 majority. Walker was re-elected to a four-year term in 2014.

Maryland Board of Public Works approves mid-year budget cuts

  • On Wednesday, the Maryland Board of Public Works approved $61 million in budget cuts proposed by Gov. Larry Hogan (R) in a 3-0 vote. The board consists of Hogan, Treasurer Nancy Kopp (D), and Comptroller Peter Franchot (D), and is responsible for approving spending cuts when the General Assembly is not in session.
  • Hogan had initially proposed $67 million in budget cuts last Thursday, citing long-term fiscal concerns over a projected $750 million shortfall in fiscal year 2018. The initial proposal included cuts ranging from 0.1 percent to 3.6 percent across a number of state government agencies and programs in an attempt to trim the state's $43.5 billion budget. The final proposal taken up by the board eliminated several cuts present in Hogan's initial proposal, including a $6 million cut to the state's disparity grant program, which provides funding to local governments with below-average tax revenue. The final plan also eliminated a proposed $150,000 cut to the Maryland Humanities Council's budget and a $200,000 cut to historic preservation funding.
  • Because Maryland has a Republican governor and Democratic majorities in both houses of the legislature, it is one of 18 states to be considered to be under divided government.

Coalition of Republican attorneys general withdraws immigration lawsuit

  • Following the Trump Administration's announcement on Tuesday that it would phase out the Deferred Action for Childhood Arrivals (DACA) program, a coalition of Republican attorneys general announced that they would withdraw a lawsuit challenging the program's legality. The coalition, led by Texas Attorney General Ken Paxton, called on U.S. Attorney General Jeff Sessions to end the program in a June 29 letter, which set a September 5 deadline for the administration to repeal the memorandum that had initially authorized the program and to cease issuing new DACA permits.
  • The DACA program, which was introduced by former President Obama in a June 2012 executive order, allowed specific groups of immigrants residing in the country without legal permission to apply for a two-year renewable permit which defers their deportation. The program was open to immigrants who were younger than 31 on June 15, 2012; have lived in the U.S. full-time since June 15, 2007; first came to the country before they were 16; and do not have a criminal record. With the exception of current students, DACA recipients are required to possess a high school diploma, GED certificate, or honorable discharge from the armed forces. According to the U.S. Citizenship and Immigration Services, nearly 790,000 immigrants have received DACA permits since 2012.
  • The June 29 letter, which was signed by ten Republican attorneys general and one governor, called on the administration to repeal DACA by September 5 in exchange for the withdrawal of a lawsuit challenging the program's eligibility. The letter noted that the ten states represented by the attorneys general were among the 26 states to successfully challenge the related Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Expanded DACA programs in United States v. Texas. That case, which was decided by a June 2016 U.S. Supreme Court ruling, was cited by the Trump administration as a factor in its decision to repeal the DAPA and Expanded DACA programs in June. In an interview with KXAN News, Attorney General Paxton cited concerns over the program's legality as a factor in pursuing the ultimatum, arguing that Congress should decide matters of immigration enforcement.

Wednesday, September 6

Massachusetts AG approves 21 initiatives targeting 2018 for signature gathering

Democrats launch super PAC focused on state legislatures

  • Democratic strategists from former President Obama’s campaigns have launched a new super PAC, Forward Majority, in an effort to flip 12 state houses from Republican to Democratic majorities in the next four years. The organization is modeled after the federal Senate Majority PAC and House Majority PAC, which both spend large sums in races for Republican candidates to U.S. Congress. The new super PAC aims to raise and spend up to $100 million in the next four years with an emphasis on state and local races.

Special session expected to be called for Oklahoma State Legislature

  • On Wednesday, the office of Governor Mary Fallin (R) stated that she would issue a formal call for a special session of the legislature in the days to come. The special session will convene on September 25, and will aim to remedy the loss of $215 million from four agency budgets.
  • The state Supreme Court ruled last month against a new cigarette tax passed by the legislature. The new tax was expected to bring in $215 million per year through a $1.50 assessment fee per pack of cigarettes. Earlier this year, Oklahoma lawmakers were faced with an $878 million budget shortfall. The legislature passed a budget in late May that included cuts of around 4 percent to many state agencies, as well as measures—including the cigarette tax—to raise additional revenue and avoid deeper cuts to agencies. Funding for common education was increased by 1.6 percent compared to the previous year. Fallin and leadership in the legislature have been discussing options to address the new $215 million budget gap.
  • Oklahoma is one of 26 Republican state government trifectas. With one vacancy, the Oklahoma State Senate is controlled by a 40-7 Republican majority. Republicans maintain a 72-27 majority in the state House, with two vacancies yet to be filled by special election. Fallin was re-elected to a four-year term in 2014.

Coalition of Democratic attorneys general files immigration lawsuit

  • On Wednesday, a coalition of Democratic attorneys general representing 15 states and the District of Columbia filed a lawsuit in the United States District Court for the Eastern District of New York challenging President Trump's decision to phase out the Deferred Action for Childhood Arrivals (DACA) program. The coalition, led by New York Attorney General Eric Schneiderman, Massachusetts Attorney General Maura Healey, and Washington Attorney General Bob Ferguson, argues that the decision to wind down the program violated the Fifth Amendment and the Administrative Procedure Act on the grounds that the administration did not sufficiently justify its decision. The DACA program, which was introduced by former President Obama in a June 2012 executive order, allowed specific groups of immigrants residing in the country without legal permission to apply for a two-year renewable permit which defers their deportation. The program was open to immigrants who were younger than 31 on June 15, 2012; have lived in the US full-time since June 15, 2007; first came to the country before they were 16; and do not have a criminal record. With the exception of current students, DACA recipients are required to possess a high school diploma, GED certificate, or honorable discharge from the armed forces. According to the U.S. Citizenship and Immigration Services, nearly 790,000 immigrants have received DACA permits since 2012.
  • Attorney General Xavier Becerra (D) of California declined to join the coalition of attorneys general, instead filing a separate challenge to the DACA repeal on Wednesday. Becerra's lawsuit argues that a repeal of DACA would have a disproportionate impact on the Californian economy since nearly one-quarter of all DACA recipients live in the state.

Thursday, September 7

Officials debate definition of Medicaid in writing ballot language for Maine Question 2

  • Maine Secretary of State Matt Dunlap (D) released the official ballot questions for the two initiatives— Question 1 and Question 2—that Maine voters will consider November 7, 2017. In Maine, the secretary of state is responsible for writing the questions that will appear on the ballot for citizen initiatives.
  • Question 2 was designed to expand who is eligible for Medicaid to cover persons under the age of 65 and with incomes at or below 138 percent of the federal poverty level. The Affordable Care Act (ACA), also known as Obamacare, provides states with funds to cover part of the costs of Medicaid expansion. In 2018, the federal government will finance 94 percent of the costs of state Medicaid expansion. For 2020 and subsequent years, the federal government will cover 90 percent of the costs. Maine Gov. Paul LePage (R) has vetoed legislation to enact Medicaid expansion five times.
  • Dunlap’s office reviewed comments over the previous month regarding ballot question drafts. His original draft for Question 2 described Medicaid as health insurance. The ballot question that he certified described Medicaid as health coverage.
  • Several Republican officials said that Dunlap should not describe Medicaid as health insurance. Rick Bennett (R), former Maine Republican Party chairperson and former state Senate president, and five Republican state representatives sent a letter asking Secretary Dunlap to describe Medicaid as taxpayer-funded health benefits or government-funded health benefits, rather than health insurance. In an interview on August 24, 2017, Gov. Paul LePage (R) stated, "They're calling it insurance. ... we probably have a basis to challenge that language. ... I'm going to challenge that [language].” He said Medicaid should be described as welfare or an entitlement.
  • Jason Savage, Executive Director of the Maine Republican Party, said Secretary Dunlap’s finalized ballot question, which described Medicaid as health coverage, was a “correct and non-partisan decision made in the interest of informing voters.” David Farmer, a spokesperson for the initiative support campaign, stated, "I think the Secretary of State’s Office did a good job of accurately describing what the initiative will do and who it will help.” As of September 8, Gov. LePage has not said whether he is still considering challenging the language of Question 2.
  • The final ballot question for Question 2 reads: “Do you want Maine to expand Medicaid to provide healthcare coverage for qualified adults under age 65 with incomes at or below 138% of the federal poverty level, which in 2017 means $16,643 for a single person and $22,412 for a family of two?”
  • The final question for Question 1—which would authorize a casino or slot machines in York County—reads: “Do you want to allow a certain company to operate table games and/or slot machines in York County, subject to state and local approval, with part of the profits going to the specific programs described in the initiative?”

Special Elections

Upcoming special elections include:

As of this week, 42 state legislative seats have been filled through special elections in 2017, and another 42 special elections have been scheduled in 12 states. Elections have been held for 19 Democratic seats and 23 Republican seats. Democrats have flipped four seats as a result of special state legislative elections in 2017. Republicans have flipped one seat. In special elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country each year. The number of net seats won and lost by Democrats and Republicans in state legislative special elections in 2017 has, so far, been similar to prior years.

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

Upcoming special elections include:

September 12

Local Politics: The Week in Review

Elections Update

In 2017, Ballotpedia is covering municipal elections across 59 of America's 100 largest cities by population and 24 of the largest counties by population, local judicial elections across seven states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 449 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and local ballot measures in the largest cities and counties across the United States.

Tuesday, September 5

Chicago and Atlanta officials react to DACA decision

  • Municipal officials in various cities responded to President Trump’s (R) decision to end the Deferred Action for Childhood Arrivals (DACA) program. Mayor Rahm Emanuel (D) told public school students on the first day of school in the city that Chicago was, in his words, “a Trump free zone,” and the chief executive officer of the city’s public school system stated that immigration officers were not allowed on school grounds in the city without a warrant. And the Atlanta City Council approved a resolution by an 8-2 vote urging President Trump to reverse his decision on the DACA program, and passed another resolution by a 9-1 vote recommending that city police limit their cooperation with federal immigration officials. Chicago is the third-largest and Atlanta is the 40th-largest city in the U.S. by population, and both are the largest cities in their respective states.

St. Louis mayor asks for empathy and calm ahead of police verdict

  • St. Louis Mayor Lyda Krewson released a video message asking city residents to react calmly to a pending verdict in the trial of a police officer who killed a man while on duty. Krewson also requested that residents attempt “to understand the reactions of others” when the decision is announced. In 2011, former police officer Jason Stockley shot and killed Anthony Lamar Smith after a car chase, and was tried this summer on first-degree murder charges. Prosecutors also allege that the officer planted a gun in Smith’s car after the incident to justify the shooting. Stockley’s attorneys argued during the trial that Smith was reaching for a gun and that the officer acted in self-defense. Stockley waived his right to a jury trial, and although arguments in the case concluded last month, Judge Timothy Wilson has not said when he will announce his decision. Some community activists, clergy members, and members of Smith’s family have pledged to initiate protests in the city if Stockley is not found guilty. St. Louis is the second-largest city in Missouri and the 58th-largest city in the U.S. by population.

Sheriff David Clarke joins pro-Trump super PAC

  • Former Milwaukee County Sheriff David Clarke, who resigned his position last week, joined the pro-Donald Trump super PAC America First Action, which is related to the main nonprofit supporting Trump's policy agenda, America First Policies. Clarke will serve as a spokesperson and senior advisor, a role he said would give him the chance to "promote President Trump’s agenda, including his fierce support for the American law enforcement officer, and ensure that the will of the American people who got President Trump elected is not derailed by the left or the self-serving Washington establishment."

Fire officials get upper hand over Los Angeles-area brush fire

  • Fire officials in Los Angeles announced that the LaTuna brush fire which started last weekend was about 80 percent contained, after temperatures cooled slightly and the region received rain from the remnants of a tropical storm. Mayor Eric Garcetti stated that the area consumed by the fire was the largest in the city’s history, and he was successful in asking Governor Jerry Brown (D) to declare parts of Los Angeles County a disaster area to expedite federal and state aid to the region. The fire closed freeways north of the city and forced the evacuation of about 700 residents. Although 1,400 homes were estimated to be at risk from the fire, officials believe that only five houses were destroyed. The cause of the fire is not known. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.

40 candidates file to run in Jersey City elections

  • The filing deadline passed to run in general elections for mayor and nine city council seats in Jersey City. Mayor Steven Fulop is running for re-election against attorney Bill Matsikoudis, who served as city attorney in a previous mayoral administration. A total of 38 candidates filed for the nine council seats, with seven incumbents running for re-election. Ward A Councilman Frank Gajewski and Ward E Councilwoman Candice Osborne are not seeking another term. The election is scheduled for November 7, 2017, and any race where no candidate receives a majority of the votes cast in the general election will advance to a runoff election on December 5, 2017. Jersey City is the second-largest city in New Jersey and the 74th-largest city in the U.S. by population.
    • This is the first election cycle following the passage of Public Question 1 in 2016. The measure, which passed with over 57 percent approval at the polls, moved the city’s election dates from a May primary and June general election to a November general election and December runoff.
    • Jersey City has been ordered to complete a property revaluation by November 1, 2017. This is the first property revaluation in the city since 1988. The revaluation was ordered by the New Jersey State Treasurer on April 4, 2016, after a state investigation found the city was in breach of contract with a firm hired to complete a separate property revaluation in 2010. To read more about this story as it unfolds, please click here.

Five Frederick, Colorado, officials survive recall attempt

  • In Colorado, recall elections against Frederick Mayor Tony Carey and Town Trustees Donna Hudziak, Fred Skates, Rocky Figurilli, and Salvatore DeSantis were all unsuccessful. The percentage of voters who chose to retain each official ranged from 58 to 63 percent. Carey, Hudziak, and Skates faced a recall due to charges that they did not represent the interests of the public in supporting a new drive-in restaurant development. A separate effort against Figurilli and DeSantis targeted their votes against new real estate developments. Hudziak stated that advocates for the recall were spreading false information about the board’s actions. A community group, Frederick United, formed in response to the recall and accused recall supporters of misleading town residents. They campaigned against the effort to recall Carey, Hudziak, and Skates. Frederick is located in Weld County, Colorado, and was home to 8,679 residents in 2010, according to the United States Census Bureau.

Wednesday, September 6

Florida cities prepare for powerful Hurricane Irma

  • Officials in several cities in Florida made preparations for the effects of Hurricane Irma, which ravaged islands in the Caribbean, including Barbados, Antigua, Puerto Rico, and the Virgin Islands, as a powerful Category 5 storm. Schools and government offices closed in advance of the storm, and major sporting events were postponed or rescheduled with Irma’s expected arrival this weekend. Miami Mayor Carlos Gimenez advised residents living in coastal areas of the city to leave those areas early in the week, and evacuation orders were issued for about 650,000 residents of Miami-Dade County on Thursday. In Tampa, Mayor Bob Buckhorn declared a state of emergency and suggested that people living in areas that are prone to flooding should consider evacuating far in advance of the storm. In the northern part of the state, Jacksonville Mayor Lenny Curry issued a mandatory evacuation order for city residents in low-lying and coastal areas on Friday, even though Irma is not expected to approach the area until later on Sunday. And travel websites reported that hotel rooms are in short supply as far north as Atlanta as residents of Florida and coastal Georgia made plans to temporarily relocate inland from the storm. Jacksonville, Miami, and Tampa are the three-largest cities in Florida, and the 13th-, 44th-, and 53rd-largest cities, respectively, in the U.S. by population.

Dallas and Memphis votes to remove Confederate statues

  • The Dallas City Council approved a resolution by a 13-1 vote authorizing the removal of a statue of Robert E. Lee from a city park also named after the Confederate general. Within hours of that decision, federal judge Sydney Fitzwater issued a temporary restraining order halting the removal, in response to a lawsuit filed by a member of the Texas division of the Sons of Confederate Veterans. On Thursday, Judge Fitzwater rescinded that restraining order after deciding that the lawsuit opposing the statute removal was not likely to be successful after a preliminary hearing. City officials have yet to announce when the Robert E. Lee statute will be taken down or devise a comprehensive plan addressing what to do about the multiple Confederate monuments in the city. On September 5, the Memphis City Council cast an initial unanimous vote in favor of a city ordinance calling for the removal of Confederate statues in two city parks. It is expected that the bill will be formally approved in October. However, Tennessee state law places final jurisdiction over these items with the Tennessee Historical Commission, which overruled a similar city ordinance calling for the removal of the statues in 2015. This year, members of the city council have expressed a desire to remove the statues regardless of the decision of the state historical commission, and challenging that body in court, if necessary. Dallas is the second-largest city in Texas, and the ninth-largest city in the U.S. by population, while Memphis is the largest city in Tennessee, and the 20th-largest city in the U.S. by population.

New York City public schools announce lunch is free for all students

  • New York City Department of Education Chancellor Carmen Farina announced that lunch will be provided to all students in the district this year. The district stated that they are able to provide every pupil access to both breakfast and lunch at no cost because of higher levels of funding from the federal government. Last year, three-quarters of the city’s public school students were eligible for free lunch. New York City now joins other large cities such as Boston, Chicago, and Dallas in providing lunch to all students without cost. Education advocates and members of city council supported the move, which they said is needed so that children who are identified as needing free lunch don’t receive negative attention from their peers. The New York City Department of Education is the largest school district in the state and served 989,387 students during the 2012-2013 school year—approximately 36.5 percent of all public school students in the state.

Wichita spends remaining proceeds from property sale

  • The Wichita City Council approved a plan by a 6-1 vote detailing how the city will spend the remaining $6 million in proceeds out of a total of $20 million received from the sale of a downtown hotel. The city purchased the hotel in 2001, and finalized the sale of it last year to billionaire Phil Ruffin. In December 2016, the city council allocated $10 million of the proceeds to improve streets and roads and $4 million towards public transit systems. The remaining funds were allocated to several projects in various parts of the city, including improvements to an existing park, the development of a new park, and the construction of a hangar to house and display a restored World War II aircraft. Wichita is the largest city in Kansas and the 49th-largest city in the U.S. by population.

Thursday, September 7

Louisville mayor responds to report that city police are supporting ICE

  • Louisville Mayor Greg Fischer released a statement in response to a report by a news agency that highlighted instances where city police had actively assisted federal Immigration and Customs Enforcement (ICE) officials. The report, which was done by the Kentucky Center for Investigative Reporting, identified 23 instances in the first six months of 2017 where Louisville police officers aided or provided back-up to ICE agents seeking to serve administrative warrants, talk with specific city residents, or apprehend detainees. While Louisville has not declared itself a sanctuary city, Fischer said that he wants the city’s police chief to meet with ICE officials to clarify those situations when it is appropriate for local officers to assist immigration agents. The mayor’s statement defined those instances as “when there is the potential for danger, when federal agents detain people who have local warrants for their arrest, or when a crime is occurring,” and it emphasized that Louisville police “does not enforce federal immigration laws.” Fischer was first elected mayor in 2010, re-elected in 2014, and announced earlier this year that he would seek a third term in 2018. Louisville is the largest city in Kentucky and the 28th-largest city in the U.S. by population.
    • Ballotpedia has followed issues related to sanctuary status and immigration policy throughout 2016 and 2017. Click here to read Ballotpedia’s coverage of sanctuary policy preemption conflicts between the federal government and local governments across the United States.

Friday, September 8

Idaho’s largest city holding elections for mayor, city council

  • The filing deadline passed to run in general elections for three of the six seats on the Boise City Council. The election is scheduled on November 7, 2017. Two of the three races will be for open seats as incumbents Ben Quintana and Maryanne Jordan did not file for re-election. Councilman TJ Thomson is running for a third term. If no candidate wins a majority of votes in the general election, a runoff election will be held on December 7, 2017. Boise is the largest city in Idaho and the 98th-largest city in the U.S. by population.

Control of the Orlando City Council at stake in November election

  • The filing deadline passed to run for three of the six seats on the Orlando City Council. The incumbents in all three districts filed for re-election and each will face at least one opponent. District 5 Councilwoman Regina Hill faces seven challengers. She won election to her first term in 2014 after finishing second in the general election that year and winning the runoff with 55 percent of the vote. The general election is scheduled on November 7, 2017, and a runoff election will take place on December 5, 2017, in any race where no candidate receives a majority of the vote. Orlando is the fourth-largest city in Florida and the 77th-largest city in the U.S. by population.

Pennsylvania judges seek retention

  • The filing deadline passed for judges of the Pennsylvania Court of Common Pleas to run in retention elections. All 45 judges in the state that were eligible for retention this year have filed to run. Judges run for retention in Pennsylvania if they previously won a full 10-year term in a partisan election. In retention elections, judges do not compete against another candidate, but voters are given a “yes” or "no" choice on whether to keep the judge in office for another term. There are six such judges in both Philadelphia and Lancaster counties, four each in both Allegheny and Lehigh counties, and the other 25 spread out among 19 other counties in the state. The general election is scheduled on November 7, 2017.

Three local judges are unopposed in Mississippi re-election bids

  • Candidates running in the general election for three local court judgeships in Mississippi were officially certified. The filing deadline for candidates wishing to run for these positions was on May 5, 2017. The incumbent judges for one Chancery Court and two Circuit Court positions are all running unopposed. The general election will take place on November 7, 2017.

Four seats up for election in second-largest school district in New Hampshire

  • The filing deadline will pass to run in nonpartisan general elections for four of the nine school board seats in the Nashua School District in New Hampshire, the second-largest in the state. The general election will take place on November 7, 2017. In the most recent election in this school district in 2015, only five candidates filed to run for five at-large seats. However, five area residents ran a write-in campaign after the school board voted to privatize the school district's custodial services to save money. Each of the five candidates who appeared on the ballot received between 11 and 13 percent of the votes cast, while the five write-in candidates each received about 8 percent. The Nashua School District served 11,788 students during the 2014-2015 school year—approximately 6.4 percent of all public school students in the state.
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, September 12

Special election to be held to fill a vacant seat in the Mississippi House

  • A special election will be held to fill a seat in District 102 of the Mississippi House of Representatives. The seat became vacant in June 2017 after Toby Barker (R) was elected as the mayor of Hattiesburg. Cory Ferraez, Missy Warren McGee, Casey Mercier, and Kathryn Rehner will face off in the special election. Candidates in Mississippi special elections run without party labels. Barker was re-elected to the seat in 2015 with 73 percent of the vote.
  • Mississippi is one of 26 Republican state government trifectas. Republicans hold the state House by a 72-47 margin with three vacancies. Republicans control the state Senate by a 32-30 margin. Gov. Phil Bryant (R) was elected to a four-year term in 2015.

Special election to fill a vacant Republican seat in the New Hampshire state House

  • A special election will be held for the Belknap 9 district of the New Hampshire House of Representatives. Charlie St. Clair (D) and Steven Whalley (R) will face off in the special election.
  • The seat became vacant on May 17, 2017, after Robert Fisher (R) resigned from the state House. It was revealed that he was the creator of an online forum on the website Reddit. The forum—called The Red Pill—promoted itself as a “discussion of sexual strategy in a culture increasingly lacking a positive identity for men.” Fisher was re-elected to the seat in 2016 with 53 percent of the vote.
  • New Hampshire is one of 26 Republican state government trifectas. With six vacancies and one member not yet sworn in, Republicans hold a 219-171 majority in the state House. There are also three Libertarians in the chamber. Republicans have a 14-10 majority in the state Senate. Governor Chris Sununu (R) was elected to a two-year term in 2016.

Two special elections to be held in Oklahoma State Legislature

  • A special general election will be held for District 46 of the Oklahoma House of Representatives. Jacob Rosecrants (D) and Darin Chambers (R) are facing off to fill the seat of former Representative Scott Martin (R). Martin resigned from the state House in order to direct the Norman Chamber of Commerce. His resignation was effective May 31, 2017. Martin and Rosecrants faced off in the November 2016 general election. Martin won that election with 60.4 percent of the vote.
  • There will also be a special primary election for District 37 of the Oklahoma State Senate. One Democrat is running unopposed, and seven Republican candidates are facing off to make it to the November 14 general election. On June 6, 2017, Senator Dan Newberry (R) announced that he will resign from the state Senate, effective January 31, 2018. He cited his pursuit of a professional promotion in a press release. Newberry won the seat in 2016 with 55.7 percent of the vote.
  • Oklahoma is one of 26 Republican state government trifectas. With one vacancy, the Oklahoma State Senate is controlled by a 40-7 Republican majority. Republicans maintain a 72-27 majority in the state House, with two vacancies yet to be filled. Governor Mary Fallin (R) was re-elected to a four-year term in 2014.

Wednesday, September 13

Missouri state Legislature convenes veto session; could also decide to expel two members

  • The Missouri General Assembly is expected to meet in a veto session on September 13. Lawmakers will consider five bills that were vetoed by Gov. Eric Greitens (R) during the 2017 legislative session. They will also consider Greitens’ use of line item vetoes on three appropriations bills.
  • Lt. Gov. Mike Parson (R) is urging the legislature to call itself into special session during the veto session to address cuts to nursing care. A three-fourths vote is required in both chambers of the legislature to call itself into special session. Gov. Greitens can also call the legislature into special session. Greitens vetoed House Bill 3 on June 30, 2017, which would have provided $35.4 million in funding for nursing care. Rep. Justin Alfterman (R) does not believe that the House or the Senate has the votes to override the veto. Alfterman said an alternative to overriding the veto would be to introduce similar legislation in a special session.
  • If the Legislature goes into special session, legislators may also decide to take action against state Sen. Maria Chappelle-Nadal (D) and state Rep. Warren Love (R) for comments that they made in August on Facebook. Sen. Chappelle-Nadal posted in a Facebook exchange that she hopes for President Trump's assassination. She has refused to resign and was removed from all her committee assignments by the Democratic caucus. State Rep. Warren posted an article on his Facebook page describing vandalism to a Confederate monument at the Springfield National Cemetery. In response to the article, Love suggested that the people responsible for the vandalism should be lynched. Gov. Eric Greitens (R) and other government officials have called for Love's resignation. Gov. Greitens posted on Twitter, "First, Sen. Chappelle-Nadal called for POTUS to be assassinated. Now, Rep. Love has called for people in Missouri to be hanged from trees. Leaders in MO need to do better & I don't think the Sen or Rep should be representing the people of MO; both should face same consequences." Rep. Love has rejected calls for his resignation.
  • Veto-proof supermajorities: Republican supermajorities in each chamber of the legislature allow Republicans to pass legislation and override gubernatorial vetoes without intervention by Democrats. A two-thirds majority is needed in each chamber—23 votes in the Senate and 109 votes in the House— to override gubernatorial vetoes.
  • Missouri is one of 26 Republican state government trifectas. With two vacancies, Republicans control the state Senate by a 23-9 margin. Republicans control the state House by 115-45 margin with three vacancies. Gov. Eric Greitens (R) was elected in 2016 to a four-year term.

Thursday, September 14

Connecticut legislators expected to meet and vote on budget

  • The Connecticut House is expected to meet next week in Hartford to vote on a budget agreement for the next two fiscal years. However, The Connecticut Mirror reported on September 5 that an agreement among legislative leaders has yet to be reached. House Democrats released a budget proposal on August 23 that included an increase in the state’s sales tax. House Speaker Joe Aresimowicz (D) said that the proposal could pass the Democratic-controlled House, but Senate President Pro Tempore Martin Looney (D) and Gov. Dan Malloy (D) have not endorsed the plan. A competing plan from Republican legislators is expected to be released soon.
  • Malloy released a new budget proposal on September 7, his sixth of the year. The proposal would restore payments to municipalities and education funding that were decreased under an executive order he is using to run the state in lieu of a budget. Moreover, Malloy announced on September 5 that he is amending an earlier request that Connecticut’s towns take on one-third of teacher pension costs, a liability that is expected to reach $6.2 billion by 2032. His original request would have had the towns pay over $400 million each fiscal year. He later amended his request to cap the contribution at $400 million per year. He is now proposing that communities contribute around $200 million for the next two fiscal years.
  • On September 7, Hartford Mayor Luke Bronin wrote a letter to Malloy and legislative leaders saying the city would seek permission to file for bankruptcy if it does not receive state aid by early November.

Story background:

  • Connecticut has not had a budget in place for over two months. The impasse began when lawmakers were unable to agree to a two-year budget plan to close the state’s projected $5.1 billion budget deficit before the 2018 fiscal year began on July 1. Without a budget in place, Gov. Malloy has been funding state services at reduced levels via an executive order. If a vote does not take place before the week of September 11, it will be the longest period of time Connecticut has ever gone without a budget in place.
    • On August 18, 2017, Malloy revised his executive order to change the amounts of the Education Cost Sharing payments that go to school districts. Under his revisions, the 30 lowest-performing school districts would see no change to their cost-sharing payments, 54 districts would receive reduced payments, and 85 districts would receive no state payment. The order is set to go into place October 1, 2017, if no budget has been approved.
  • The budget was not passed on time due to disagreements between Malloy and the Democratic-controlled General Assembly, disagreements among members of the majority Democratic caucus, and disagreements between Democratic and Republican legislators. Issues include the state’s income and sales taxes, relations with the state employees unions, funding for social services, and state aid for municipalities and education.
  • The competitive nature of Connecticut politics has further complicated budget discussions. The two parties have nearly equal numbers in both legislative chambers, and control of the state will be up for grabs in 2018. Democrats currently have slim majorities in both legislative chambers with a 79-72 majority in the state House and an 18-18 state Senate that they effectively control because Lieutenant Gov. Nancy Wyman (D) can cast tie-breaking votes. Both chambers have enough competitive seats in 2018 to swing control of the General Assembly to either party.
  • The governor’s race is also expected to be competitive. Malloy is near the end of his second term as governor and has registered an approval rating as low as 29 percent. In April 2017, he announced that he would not seek a third term in office. Before Malloy was elected in 2010, Connecticut had had a Republican governor since 1994. Malloy saw margins of victory of less than 5 percent in his 2010 and 2014 elections to the office. Cook Political Report has rated the 2018 election as a “Toss-up.”
  • The General Assembly ratified a labor concessions agreement on July 31. The concessions deal amended the state’s agreement with state employee unions to allow for wage freezes and increased pension contributions while also extending the labor agreement from 2022 to 2027. Proponents say that the concessions deal will save the state $1.57 billion in two years, decreasing the projected two-year budget deficit from $5.1 billion to $3.5 billion. The deal passed the Connecticut House on July 24 in a 78-72 vote with most Democrats in support and all Republicans opposed. On July 31, the Connecticut Senate had an 18-18 party line split on the vote, with all Democrats in favor and all Republicans opposed. Lieutenant Gov. Wyman cast a tie-breaking vote in favor of the deal.
  • Connecticut is one of six Democratic trifectas.
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Local Politics: What's On Tap Next Week

Tuesday, September 12

Nearly 40 primary elections to take place across New York City

  • Partisan primary elections will take place for mayor, public advocate, and all 51 seats on the city council in New York City. In the mayoral race, incumbent Bill de Blasio (D) faces four challengers in his re-election bid for the Democratic Party nomination. A poll conducted by Quinnipiac University in May 2017 found that de Blasio had a 74 percent approval rating among respondents who identified as Democrats.
    • The current composition of the New York City Council is 48 Democrats and three Republicans. Forty-one incumbents are running for re-election, and nine of them are running unopposed in both the primary and general election. Of the 10 city council open seat races, seven are due to term limits. That includes the District 8 seat of City Council Speaker Melissa Mark-Viverito (D). In total, there are 33 contested Democratic primaries, one contested Republican primary, and one contested Green Party primary.
    • Additionally, all five boroughs of the city are electing a borough president in 2017, and two are holding elections for borough district attorney. Two of those races feature primary elections: for the Democratic Party nomination for borough president in the Bronx and for the Democratic nod for district attorney in Brooklyn. New York is the largest city in the U.S. by population.

Charlotte holds Democratic & Republican mayoral primaries

  • The city of Charlotte will hold partisan primary elections for mayor and seats on its city council. Mayor Jennifer Roberts faces four challengers for the Democratic Party nomination, including at-large councilman Vi Lyles and North Carolina state Senator Joel Ford. Roberts was first elected mayor in 2015 and is seeking re-election to her second two-year term. Three candidates are vying for the Republican nomination in the mayoral race. A primary runoff will take place on October 10, 2017, in those races where no candidate receives greater than 40 percent of the vote. The general election will be held on November 7, 2017.
    • Partisan primary elections will also take place in nine of the 11 city council seats. Eight Democratic candidates are vying for the four at-large seats, with three incumbents running for re-election. There is no Republican primary for the at-large council positions since only three candidates filed to run. There are also Democratic primaries for the council seats in Districts 1, 2, 4, and 5. Two of those districts feature incumbents who are being challenged for their party’s nomination, while two of those districts are open seats. The only Republican primary among the city council races is in District 6, since incumbent Kenny Smith is running for mayor. In any contest where no candidate receives greater than 40 percent of the vote, a primary runoff will be held on October 10, 2017. The general election will take place on November 7, 2017. Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.

Buffalo mayor seeks fourth term

  • The city of Buffalo, New York, will hold partisan primary elections for mayor and two city judgeships. Mayor Byron Brown is seeking his fourth term and faces Buffalo City Comptroller Mark Schroeder and Erie County Legislator Betty Jean Grant for the Democratic nomination. A poll conducted early last month by Siena College found that Brown was the favored choice of 51 percent of likely Democratic voters. That same poll also determined that 67 percent of likely Democratic voters approved of the job Brown is doing as mayor. The general election will be held on November 7, 2017. Buffalo is the second-largest city in New York and the 73rd-largest city in the U.S. by population.

Des Moines school board races headline school elections in Iowa

  • Nonpartisan general elections will be held for 32 school board seats in 10 of the largest school districts by enrollment in Iowa. In total, these 10 school districts served 149,853 students during the 2014-2015 school year—approximately 30 percent of all public school students in the state.
    • Four seats will be up for election on the Des Moines Public Schools board, the largest school district in the state. Two incumbents are running unopposed for by-district seats, but a third is competing with two challengers for a pair of at-large seats. Ballotpedia, USA Talk, and the Interactivity Foundation organized the Des Moines Schools Community Discussion Project for the 2017 election. This involved online discussions of Des Moines voters and residents to discuss their ideas for the school district. The results of these discussions were used to create questions for school board candidates in order to help them state their thoughtful and heartfelt positions on important issues in the district. Click here to read the candidate responses.

Primary elections to be held for local New York court seats

  • Partisan primary elections will take place for 16 judgeships in New York county, family, surrogates’, and New York City civil courts. In total, 26 judicial positions are up for election this year in the state. Since New York allows candidates to file for more than one party nomination (known as cross-filing), some counties feature the same list of candidates vying to appear on the general election ballot for multiple parties. There are seven incumbents facing intra-party opposition in these judicial primaries. The general election for all 26 judicial positions in New York state will be held on November 7, 2017.

Large field challenges Mayor Jackson’s bid for fourth term in Cleveland

  • The city of Cleveland will hold nonpartisan primary elections for mayor and 11 of 17 seats on the city council. Mayor Frank Jackson is seeking his fourth term, and faces 10 challengers, including a state representative and two incumbent city council members. The two candidates who receive the most votes in the primary will advance to the general election on November 7, 2017.
    • While there are elections in all of the city’s 17 city council wards this year, primary elections will take place in those 11 where three or more candidates filed to run. Incumbents are running for re-election in nine of those wards; Ward 2 Councilman Zack Reed and Ward 10 Councilman Jeffrey Johnson are running for mayor instead. Seven of the 11 seats holding primary elections feature five or more candidates. As in the mayor’s race, the top two candidates in each ward will advance to the general election on November 7, 2017. Cleveland is the second-largest city in Ohio and the 48th-largest city in the U.S. by population.

Toledo mayor seeks re-election

  • Primary elections will take place for mayor and the six at-large seats on the city council in Toledo. Incumbent Paula Hicks-Hudson faces three challengers, with the top two vote recipients advancing to the general election on November 7, 2017. Although municipal positions in Toledo are officially nonpartisan, Hicks-Hudson is affiliated with the Democratic Party. Hicks-Hudson is seeking re-election to her first full term; she was appointed mayor in February 2015 upon the death of her predecessor, Michael Collins, and won election to the remainder of his unexpired term later that same year.
    • Primary elections will also take place for Toledo’s six at-large seats on the city council. Five incumbents are running for re-election; Steven Steel was unable to run for a third term due to term limits. Thirteen candidates are running for those six seats, and the top 12 candidates will advance to the general election on November 7, 2017. Toledo is the fourth-largest city in Ohio and the 67th-largest city in the U.S. by population.

Special election for Oklahoma County sheriff

  • Oklahoma County, Oklahoma, is holding a special general election for county sheriff. The special election will fill the vacancy created by the retirement of Sheriff John Whetsel, who retired effective March 1, 2017. Undersheriff P.D. Taylor, who was named interim sheriff after Whetsel’s departure, defeated three other candidates to win the Republican primary for this race back on April 4, 2017. Deputy Sheriff Michael Hanson won the Democratic primary on that same date and faces Taylor in the general election. Oklahoma County is the largest county in Oklahoma and is home to Oklahoma City.

Democratic primary election for Rochester school board

  • A Democratic primary election will take place for three seats on the Rochester City School District school board in New York. Six candidates, including two incumbents, are seeking the party’s nomination for the seats. Three candidates have also cross-filed with other political parties, so even if they don’t finish in the top three candidates in the primary, they will still appear on the ballot. The Rochester City School District is the third-largest in New York, and served 30,014 students during the 2014-2015 school year—approximately 1.1 percent of all public school students in the state.

Primary elections in two of the largest Massachusetts school districts by enrollment

  • Nonpartisan primary elections will be held in both the Fall River Public School and Lynn Public School districts in Massachusetts. Four incumbents are among the 13 candidates who filed to run for the six seats on the Fall River Public School Committee. The top twelve candidates in the primary will advance to the general election on November 7, 2017. Ten candidates, including four incumbents, are running for six seats on the Lynn Public Schools Committee, which is the fifth-largest school district in the state. Those 10 candidates are running unopposed in the primary due to municipal election rules. All 10 will move on to the general election, unless write-in candidates receive enough votes to defeat them. In total, both school districts served 25,117 students during the 2014-2015 school year—approximately 2.6 percent of all public school students in the state.

Oklahoma City voters to decide two sales taxes and a $967 million bond package

  • Oklahoma City voters will go to the ballot to decide Ordinance 25,750—a permanent 0.25 percent sales tax—and Ordinance 25,751—a 1 percent sales tax sunsetting after 27 months—and $967 million in bonds broken out into 13 different propositions. The largest bond proposition ( Prop. 1) would provide $491 million for streets and transportation. The next largest bond proposition ( Prop. 5) would provide $138 million for parks and recreation facilities. Revenue from Ordinance 25,750—an estimated $26 million annually—would go towards general city services. Revenue from Ordinance 25,751—an estimated 240 million total— would be earmarked for capital improvements, including street resurfacing, streetscape, trail, sidewalk, and bicycle infrastructure projects.


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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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