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The State and Local Tap: Four states with primaries, three certified ballot measures, two budget bills, one school board without a quorum

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May 4, 2018Issue No. 111

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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:

Ballot certs 5-4-18 new.png

Monday, April 30

Texas House of Representatives special election called

Kansas legislators approve fix to school funding bill

  • The Kansas State Legislature approved legislation to correct an $80 million error in a funding bill they passed on April 8. The bill passed on April 30 would ensure a $534 million education funding increase, as originally intended, and was sent to Gov. Jeff Colyer (R) who expressed support for the measure: "I appreciate the Legislature for working to quickly pass this important school finance bill. Getting funding to the classroom, requiring outcomes for schools, and doing so without a tax increase is a model to move education forward."
  • The legislature passed a measure increasing K-12 funding by $534 million over a five-year period on April 8. According to the Kansas State Department of Education, the plan contained an $80 million error in the first year, decreasing the amount of new school funding from $150 million to $72 million.
  • The Kansas Supreme Court ruled in October 2017 that the state did not sufficiently fund education. With this legislation, lawmakers attempted to address the court's order to provide more education funding or face school shutdowns until more funding can be provided. At the time of the bill's passage, Kansas spent more than $4 billion per year on K-12 education.

Gov. Hogan appoints replacement for Maryland Senate District 41

  • Gov. Larry Hogan (R) appointed Jill Carter to the Maryland State Senate District 41 seat. Carter replaces former Senator Nathaniel Oaks, who resigned on March 29, 2018, due to charges of federal bribery and obstruction of justice.
  • Carter is a Democratic candidate for District 41 of the Maryland State Senate. The primary election is scheduled for June 26, 2018. The general election will take place on November 6, 2018.
  • She is also a former Democratic member of the Maryland House of Delegates, representing District 41 from 2002 until the end of 2016. Carter resigned from her position effective January 2, 2017, in order to take a position with Baltimore Mayor Catherine Pugh's administration.

Oklahoma Gov. Fallin signs $7.6 billion budget bill

  • Gov. Mary Fallin (R) signed a $7.6 billion budget bill. The budget contains the following provisions:
    • An increase in education funding by 19.8 percent, including $353 million for teacher pay raises, $52 million for school support staff pay raises, $24 million for health benefits, and $33 million for textbooks.
    • $11 million for criminal justice changes, including $5 million for the Department of Mental Health and Substance Abuse Services to pay for risk/needs assessments and fund drug and mental health treatment courts and $4.8 million for the Department of Corrections to install a new tracking and monitoring system.
    • $23 million for the Department of Human Services to fund programs such as the Pinnacle Plan, which aids students in state custody.
  • In a press release, Gov. Fallin said, "For the first time in years, no agency is receiving a cut. This budget provides a long-term solution to the re-occurring budget deficits and helps reduce the reliance on one-time funds."
  • However, Rep. Scott Inman (D) said the budget did not replace millions of dollars of budget cuts that happened over time: "You [are] going to go home and tell your constituents that cutting higher ed by 26 percent, the health department by 27 percent, by cutting common ed when you adjust for inflation by 32 percent, by cutting career tech by 25 percent, juvenile affairs 18 percent, veterans 20 percent over the last decade that somehow they ought to be thankful for that."

Maine Gov. LePage’s state health department sued over refusal to implement Question 2, which enacted Medicaid expansion

  • At the election on November 6, 2017, voters in Maine approved Question 2, which required the state to provide Medicaid through MaineCare for persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line. As of May 1, 2018, the state had not begun the process of expanding Medicaid.
  • On Monday, four organizations and five individuals filed litigation in the Kennebec County Superior Court against the state to implement Question 2. The plaintiffs asked the court to declare that the Maine Department of Health & Human Services is obliged, per Question 2, to submit a state plan for Medicaid expansion to the U.S. Department of Health and Human Services. Plaintiffs said there was no lawful reason for the department to refuse submitting a plan. The governor appoints the head of the Department of Health & Human Services, who is currently Ricker Hamilton.
  • Attorney General Janet Mills (D), who is running for Maine governor in 2018, declined to comment on whether she would defend the state health department in the litigation. Mills has also called on the Gov. Paul LePage’s (R) office to implement Question 2, saying, “The law is the law. Medicaid expansion has been enacted into law by the people. There is really, in my view, no legal way to get around that. And the funds are available to get us through the biennium.”
  • Gov. LePage's office said he was unable to comment on active litigation. However, the governor did release a statement, which said, "While I remain adamantly opposed to the policy of expanding Medicaid because it threatens our state's financial stability, the legislature is allowing it to become the law. You, the Legislature now must do your job to fund it as quickly as possible so the Executive branch can do its job: execute the law. But I will not implement it without adequate funding.”
  • The Affordable Care Act (ACA), also known as Obamacare, provided for the expansion of Medicaid to cover all individuals earning incomes up to 138 percent of the federal poverty level. In 2018, the federal government financed 94 percent of the costs of state Medicaid expansion. For 2020 and subsequent years, the federal government will cover 90 percent of the costs.
  • In April 2018, signatures were submitted for Medicaid expansion initiatives in two states— Idaho and Utah. U.S. Rep. Raúl Labrador (R), a 2018 gubernatorial candidate in Idaho, said that if he is elected governor and voters approve a Medicaid expansion initiative, his administration would consider trying to repeal or amend the initiative. His primary opponent, Lt. Gov. Brad Little (R), said he would work to implement Medicaid expansion if voters approved the initiative.

Tuesday, May 1

South Carolina House special election held

Massachusetts Senate special election held

Iowa lawmakers pass bill restricting abortion if fetal heartbeat is detected

  • The Iowa State Legislature approved Senate File 359, which would prohibit abortion if a doctor detected a fetal heartbeat (usually around six weeks of pregnancy). The bill would make exceptions for rape, incest, fetal abnormalities, and to save the life of the mother.
  • Some Republican lawmakers expressed hope that the bill would be challenged in court. Sen. Rick Bertrand (R) said during the floor debate, "This bill will be the vehicle that will ultimately provide change and provide the opportunity to overturn Roe v. Wade. There's nothing hidden here about the agenda."
  • Becca Lee, a spokeswoman for Planned Parenthood of the Heartland, said the bill would institute an "intentionally unconstitutional ban on 99 percent of safe, legal abortion, designed to challenge Roe v. Wade." In an email to Reuters, Lee wrote, "The bill weaponizes fetal heartbeat, which is by all accounts an arbitrary standard that bans abortion long before the point of fetal viability."
  • The legislation was sent to Gov. Kim Reynolds (R) who did not say whether she would sign it.

Colorado House approves bill adjusting pension system that varies from Senate version

  • The Colorado House of Representatives approved Senate Bill 200, which proposes changes to the Public Employees' Retirement Association (PERA). According to the Denver Business Journal, the House version differed significantly from the version passed by the Colorado State Senate on March 27, 2018. The legislation was sent to a conference committee.
  • Both versions proposed measures to close a $32 billion to $50 billion unfunded liability.
The Senate version would...The House version would...
increase employee contributions by 3 percent.-
allow new employees to sign up for a limited defined contribution plan rather than a defined benefit plan.-
-allocate $225 million per year from the general fund.
raise the minimum retirement age from 58 to 65.raise the minimum retirement age from 58 to 60.
change the retirement pay formula to include the highest average salary of an employee's final seven years, rather than the final three years.calculate retirement pay using the five highest years of salary.
reduce annual cost-of-living adjustments from 2 percent to 1.25 percent.reduce annual cost-of-living adjustments from 2 percent to 1.25 percent.
  • House Majority Leader KC Becker (D) said she did not want to expand defined contribution plans and she did not want the $225 million general fund contribution removed. House Republicans did not agree with all the provisions in the final bill. An amendment proposed by Rep. Tim Leonard (R) that would have required new employees to join a defined contribution plan failed. Another amendment by Rep. Polly Lawrence (R) that would have raised the minimum retirement age to 65 and used the last seven years of highest-average salary earnings to calculate retirement payments also failed.
  • Pension costs contributed to teacher protests in the state. The Associated Press reported that school district contributions to public pension funds doubled between 2006 and 2017, leaving fewer funds for personnel. In the same period, teacher salaries grew 21 percent (from $44,439 to $53,768) but did not keep pace with inflation, and teachers experienced an 8 percent drop in buying power. Additionally, Colorado public sector workers do not receive social security checks. Suzanne Ethredge, president of the Pueblo Education Association, expressed concern that the PERA was their only option.

Primaries held in Davidson and Shelby counties in Tennessee

  • Partisan primaries were held for county positions in Davidson and Shelby counties in Tennessee on May 1. The winners of these primaries will compete in the general election on August 2.
    • In Davidson County, no Republicans filed for any of the seats up for election, so the winners of the Democratic primaries do not face major party opposition in the general. One incumbent was defeated in Davidson County; General Sessions Court Judge Nick Leonardo was defeated by Ana Escobar in a four-way primary. The following seats are up for election in Davidson County this year: county clerk, criminal court clerk, juvenile court clerk, public defender, register of deeds, sheriff, trustee, and judicial positions.
    • Two incumbents were defeated in the primary election in Shelby County. The District 13 county commissioner, Steve Basar, was defeated by Brandon Morrison, and Probate Court Clerk Paul Boyd was defeated by Chris Thomas in Republican primaries. The following seats are up for election in Shelby County in 2018: property assessor, districts one through 13 on the county commission, county clerk and four different court clerks, county mayor, register of deeds, sheriff, trustee, and judicial positions. The judicial positions did not appear on the primary ballot in Shelby County.

Two Florida House seats filled by special election

  • Special elections were held for Districts 39 and 114 of the Florida House of Representatives.
    • Republican Josie Tomkow defeated Democrat Ricky Shirah 60 to 40 percent in District 39 race. Tomkow will replace Neil Combee (R), who resigned in November 2017.
    • Democrat Javier Fernandez won the District 114 race, defeating Republican Andrew Vargas and independent candidate Liz de las Cuevas. Fernandez received 51 percent of the vote, compared to Vargas’ 47 percent and de las Cuevas’ two percent. The seat became vacant following Daisy Baez’s (D) resignation, which occurred after she reached a deal with the Miami-Dade State Attorney’s Office to plead guilty to a perjury charge related to her place of residence.

Idaho initiative signature deadline passes; signatures submitted for two initiatives

  • Tuesday was the deadline for proponents of statewide Initiatives in Idaho to submit signatures to county clerks. Four initiatives targeting the 2018 ballot had been filed and cleared for signature gathering for the 2018 election cycle: an initiative to expand medicaid, an initiative to allow betting on historical horse races, an initiative to legalize medical marijuana, and an initiative to prohibit abortion and make it an act of murder.
  • Reclaim Idaho, the group sponsoring the Medicaid expansion initiative, reported collecting more than 60,000 signatures. Save Idaho Horse Racing, the group behind the historical instant horse racing initiative, said they collected 114,815 signatures. The proponents of the medical marijuana initiative and the abortion prohibition initiative halted their signature gathering campaigns before the signature filing deadline and will not be on the ballot.
  • The required number of valid signatures to place a measure on the ballot for November 6, 2018, is 56,192, with signature gathering distributed across at least 18 of the state's 35 state legislative districts. County clerks must validate the signatures by June 30. The deadline to submit verified signatures to the Secretary of State’s office is July 6.
  • An initiative has not qualified for the ballot in Idaho since 2013, when the Idaho Legislature passed Idaho Senate Bill 1108. SB 1108 added the geographic distributions requirements for signature collection based on state legislative districts. Specifically, the state’s distribution requirement mandates that an initiative petition must contain signatures from 6 percent of registered voters in 18 of 35 legislative districts.

Bump stock ban advances in Connecticut and Delaware

  • Connecticut. The Connecticut House of Representatives voted 114-35 on a bill that would ban ownership of bump stocks and similar devices that increase the rate of fire of a semi-automatic rifle.
  • Gov. Dan Malloy (D) expressed support for the bill: "I cannot see one legitimate reason why anyone needs to own a bump stock other than for the mass shooting of people."
  • Scott Wilson, president of the Connecticut Citizens Defense League, said the bill was unnecessary because the manufacturer had already stopped making bump stocks and because there was "an impending ban on the instruments at the federal level." The Connecticut Citizens Defense League described itself as a grassroots organization "advocating for the right to keep and bear arms."
  • Delaware. The Delaware House of Representatives voted 34-4 to approve a second version of House Bill 330, which would ban bump stocks and similar devices. The original version would have prohibited buying, selling, or possessing the devices. Violations would be a felony, punishable by up to five years in prison. The second version changed the penalty for bump stock possession to a misdemeanor, punishable by up to one year in jail and a $2,300 fine. Sale, transfer, or purchase of bump stocks would remain a felony. The bill also included a provision in which the state could pay bump-stock owners up to $100 for bump stocks and up to $15 for trigger cranks through June 30, 2019, or until a $15,000 allocation ran out.
  • Gov. John Carney (D) expressed support for the measure.
  • Bump stocks were banned in Massachusetts, California, Vermont, New Jersey, Washington, and Florida at the time of the bills' passage, and legislation to ban bump stocks was under consideration in other states including Hawaii, Illinois, Maryland, and Vermont.


Thanedar, El-Sayed trade eligibility challenges in Michigan gubernatorial race

  • Michigan gubernatorial candidates Shri Thanedar (D) and Abdul El-Sayed (D) filed challenges to each other’s eligibility for the ballot Tuesday.
  • Under Michigan law, candidates running for governor must have been registered voters in the state for at least the four years immediately preceding the election. Between 2013 and 2016, El-Sayed attended medical school at Columbia University in New York. During that time, El-Sayed surrendered his Michigan driver's license in order to obtain a New York license. The El-Sayed campaign said in a statement to press that he had maintained property in Michigan during his time attending Columbia University.
  • Following a request from Democratic Party of Michigan Chairman Brandon Dillon, El-Sayed asked the Wayne County Circuit Court to determine his eligibility in March. On April 17, Secretary of State Ruth Johnson (R) filed a motion requesting the case's dismissal on the grounds that no formal challenge had yet been issued to El-Sayed's candidacy.
  • Thanedar's challenge, alongside three other challenges to El-Sayed filed by private citizens, will be reviewed by the secretary of state's office, which will recommend a course of action to the Board of State Canvassers.
  • Several hours after Thanedar filed his challenge, the El-Sayed campaign filed its own challenge to Thanedar’s eligibility, saying that some of the signatures on Thanedar’s nominating petitions did not appear to be valid.
  • Thanedar, El-Sayed, and former state Sen. Gretchen Whitmer (D) were the three Democrats to file for the August 7 primary election. Sitting Gov. Rick Snyder (R) is prevented by term limits from seeking re-election.

Wednesday, May 2

Florida State Senate President Joe Negron announces resignation in November

  • Joe Negron is a Republican member of the Florida State Senate, representing District 25. He was first elected to the chamber in 2009. Negron currently serves as state Senate president.
  • Negron announced that he plans to resign from the legislature in November, ending his term two years early. Negron cited term limits as the reason for his resignation. He ran in 2010, 2012, 2014, and 2016 due to redistricting and shifting district lines resulting from a lawsuit. His most recent election was for a four-year term ending in 2020. "I have done my very best to fight for my community in Tallahassee, and November is the right time to retire from my service in the Legislature," Negron said.

Maine Legislature overrides governor veto of marijuana bill

  • The Maine State Legislature voted to overturn Gov. Paul LePage's (R) veto of a bill that would allow marijuana sales in the state. LePage vetoed the bill on April 27, 2018, saying it would violate federal law. The House voted 109-39 and the Senate voted 28-6 to override the veto.
  • Recreational marijuana became legal in Maine in 2016 but the state did not have a way to regulate sales. The legislation requires the state Department of Administrative and Financial Services to write more regulatory rules on marijuana sales, including facility inspection, licensing, and sales tax collection. The legislation prohibits marijuana social clubs and limits the number of marijuana plants an individual can grow.

Initiative to increase minimum wage to $12 files signatures in Missouri

  • More than 120,000 signatures were filed for a ballot initiative to increase the Missouri minimum wage to $12 an hour. At least 100,126 signatures, depending on the congressional districts in which signatures were collected, need to be valid. The initiative would appear on the ballot for the election on November 6, 2018.
  • The measure would increase the minimum wage from $7.70 (2017) to $8.60 in 2019; $9.45 in 2020; $10.30 in 2021; $11.15 in 2022; and $12.00 in 2023. Thereafter, the minimum wage would increase or decrease each year based on changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).
  • As of the most recent campaign finance disclosure on April 17, the committee in support of the initiative—Raise Up Missouri—had raised $1.21 million, including $500,000 from the Sixteen Thirty Fund, $145,000 from the National Employment Law Project, and $142,500 from The Fairness Project. Opponents had not yet organized a committee. The Missouri Chamber of Commerce opposes the ballot initiative.
  • The state minimum wage in Missouri in 2018 is $7.85—60 cents higher than the mandated federal minimum wage. The state minimum wage is higher because a 2006 ballot initiative increase the minimum wage to $6.50 an hour and tacked the wage to inflation.
  • As of 2018, two municipalities in Missouri—St. Louis and Kansas City—had passed minimum wages higher than the statewide minimum wage; these local minimum wage laws were preempted by state law, however. During the 2017 legislative session, the Missouri State Legislature approved House Bill 1194 (HB 1194), which was designed to preempt municipal minimum wage ordinances. The bill said that no political subdivision of the state could establish, mandate, or require an employer to provide a minimum wage or employment benefits. Therefore, municipalities could not require a minimum wage or employment benefits that exceed the state's requirements. Gov. Eric Greitens (R) allowed HB 1194 to take effect without his signature.
  • As of May 2, there is one ballot measure—Proposition A—certified for the Missouri ballot in 2018. Approval of Proposition A would uphold the state's right-to-work law, passed as Senate Bill 19 (SB 19) in 2017. The legislation was put on the ballot as a veto referendum after labor organizations organized a campaign and collected signatures.

Massachusetts governor and attorney general call for resignation of Sen. Rosenberg

  • Gov. Charles Baker (R) and Attorney General Maura Healey (D) called for the resignation of state Sen. Stanley Rosenberg after a Senate committee released a report accusing Rosenberg of giving his husband, Byron Hefner, too much access to the state Senate. The committee report said Rosenberg "knew or should have known" that Hefner was harassing Senate employees.
  • In a statement, Gov. Baker said Rosenberg's behavior was "deeply disturbing" and "compromised the business of the Chamber and trust of his constituents. For the good of the institution and those who elected him to serve, I believe the Senator needs to resign immediately."
  • Healey said, "It’s clear to me that Stan Rosenberg cannot continue to serve in the Senate. I think it’s best if he steps down immediately."
  • Sens. James Welch (D), Barbara L'Italien (D), and John Keenan (D) also called for Rosenberg to step down.
  • Background.
    • On December 4, 2017, Rosenberg announced that he would temporarily step down as state Senate president while an independent investigation of allegations of sexual misconduct against his husband, Byron Hefner, took place. The allegations were first reported by the Boston Globe on November 30 and included charges that Hefner had sexually assaulted and harassed four men affiliated with the state capitol. Rosenberg said that Hefner did not have influence over his decisions as state Senate president.
    • On March 29, 2018, Hefner was indicted on charges of sexual assault, criminal lewdness, and distributing nude photographs without consent.

Arkansas Supreme Court allows state to continue enforcing its voter ID law

  • The Arkansas Supreme Court voted 6-1 to stay a lower court's order that barred the state from implementing its voter ID law. Consequently, state election officials will be allowed to enforce voter ID requirements in the upcoming primary election, scheduled for May 22, 2018. Attorney General Leslie Rutledge (R) said the following in a statement: "I am very pleased that the Arkansas Supreme Court agreed with the arguments we made on behalf of the State Board of Election Commissioners that the requirement that a voter show photographic identification or sign a statement affirming his or her identity as a registered voter is not burdensome and helps ensure free and fair elections. The stay issued this afternoon provides needed clarity for Arkansas voters and election officials." Jeff Priebe, an attorney for Barry Haas, an Arkansas voter who alleged that the law was unconstitutional, said, "We are disappointed for the voters in Arkansas that the Arkansas Secretary of State and the Attorney General continue to want to enforce an unconstitutional Voter ID Law. We look forward to presenting the whole case to the Arkansas Supreme Court."
    • On April 26, 2018, Pulaski County Circuit Judge Alice Gray issued a preliminary injunction barring the state from enforcing its voter ID law. Gray wrote the following in her order: "[Haas] is faced with the choice of complying with the unconstitutional requirements imposed by [the voter ID law] or not having his ballot counted during the May 2018 preferential primary. The court finds that this is not really a choice at all, and that irreparable harm would result to plaintiff in the absence of a preliminary injunction, as his ballot will not be counted." On April 27, 2018, Arkansas Secretary of State Mark Martin (R) and the Arkansas Board of Election Commissioners appealed Gray's ruling to the Arkansas Supreme Court, prompting the May 2 order by the court.
    • Arkansas' current voter ID law, which was signed by Governor Asa Hutchinson (R) in March 2017, requires voters who do not possess a valid form of photo identification to cast a type of provisional ballot after signing a sworn statement attesting to his or her identity. Also in 2017, the state legislature voted to place Issue 2, a constitutional amendment that, if adopted, would establish a more strict photo identification requirement for voters, on the ballot on November 6, 2018. This effort came as the result of a 2014 ruling by the Arkansas Supreme Court that found that the state's previous voter ID law violated the state constitution by creating a qualification for voting not otherwise found in the state constitution.

New Hampshire General Court certifies two ballot measures for election on November 6, 2018—first ballot measures since 2012

  • New Hampshire’s general election ballot will feature two ballot measures this year—the first ballot measures referred to voters since 2012. On Wednesday, the New Hampshire Senate approved CACR 15 and CACR 16. The New Hampshire House of Representatives approved the amendments earlier in the legislative session.
  • CACR 15 would add language to the New Hampshire Constitution stating that a taxpayer has a right to take legal action against the state or local government where the taxpayer resides to declare that the government spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. The amendment would also state that a taxpayer "shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer." The measure would allow the legal action to begin in the New Hampshire Superior Courts. The amendment received bipartisan support in both chambers of the General Court.
  • Rep. Paul Berch (D-Cheshire 1) said two state court decisions promoted the amendment’s introduction. He described the decisions, stating, “One annoys Republicans and one Democrats.” The case referred as annoying Democrats was Duncan v. New Hampshire, which was brought forward to invalidate a program allowing businesses to receive a tax credit for contributing to scholarship funds for private schools. The case referenced as annoying Republicans was Swank v. City of Manchester. In 2015, former GOP state Rep. Matthew Swank sued the city of Manchester over three alderpersons voting on a contract with the city’s teachers’ union who, according to Swank, had a conflict of interest due to immediate family members benefiting from the contract. Both of these cases were thrown out because the plaintiffs were not personally affected. CACR 15 would provide that plaintiffs need not prove that their personal rights were violated to have the merits of their cases heard.
  • CACR 16 would add language to the constitution stating that "An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.” Although the General Court did not record a partisan vote count for CACR 16, the amendment was approved with just enough support in both chambers to make the ballot. A 60 percent vote was needed in each chamber. Rep. Renny Cushing (D-Rockingham 21) said the amendment would protect residents from unreasonable search and seizure and establish, including as technology changes in the future. Rep. Timothy Horrigan (D-Strafford 6) said he was concerned with how the amendment could interfere with legitimate law enforcement activities.
  • Voters in New Hampshire haven’t voted on a statewide ballot measure since 2012, when voters rejected an amendment to ban new taxes on personal income and an amendment to make the chief justice of the state supreme court the administrative head of all the state courts. In New Hampshire, a constitutional amendment needs a two-thirds vote (66.67 percent) of electors to be approved. Between 1996 and 2016, 27.27 percent (3 of 11) of statewide ballots were approved by voters, and 72.73 percent (8 of 11) were defeated.

Oklahoma amendment allowing local voter-approved property taxes certified for November ballot

  • A constitutional amendment, Senate Joint Resolution 70, to allow certain voter-approved property taxes to fund school district operations was certified for the November 6, 2018 ballot. The measure would amend the state constitution to allow certain local voter-approved property taxes—known as ad valorem levies—to be used to fund school district operations rather than being restricted to construction and maintenance of school facilities and equipment. The amendment was introduced as Senate Joint Resolution 70 (SJR 70) and received its first reading on February 5, 2018. The state Senate approved SJR 70 on March 8, 2018, in a vote of 34-8, with six excused. The House passed an amended version in a vote of 57-34, with four excused, on April 24, 2018. The Senate adopted the House's amendments and passed the measure 28-15, with nine excused, on May 2, 2018, certifying it for the 2018 ballot. One Democrat out of 28 voted in favor of the amendment in the House. No Democrats approved it in the Senate. Twenty-eight of 39 Republicans approved the amendment in the Senate, and 56 of 72 Republicans in the House approved it.
  • From 1996 to 2016, 62 amendments were referred by the state legislature. Of these, 52 were approved and 11 were defeated.

Thursday, May 3

Investigations against Missouri Gov. Eric Greitens: Updates

  • Missouri legislators called for a special session scheduled to begin May 18 to discuss impeaching Gov. Eric Greitens (R). The decision to convene was made after 138 House members and 29 Senators signed a petition calling for the governor's impeachment.
  • Timeline:
    • April 30: The House Special Investigative Committee on Oversight released a report that claimed Greitens mischaracterized testimony his accuser gave in a video deposition from St. Louis Circuit Attorney Kim Gardner. A statement from Greitens on April 12 said that the video testimony showed the allegations in the committee's first report, released April 11, were false and accused Gardner of attempting to hide the testimony from the public. After examining video testimony and comparing it with previous statements, the committee concluded it did not find evidence to make it change its mind regarding the accuser's credibility. A spokeswoman for Greitens maintained that the allegations against him were false.
    • May 2: The House special committee released a report on Greitens' use of a charity donor list during his 2016 gubernatorial campaign. The report indicated that in 2012 Greitens signed an agreement with The Mission Continues not to disclose the identity, personal information, or contact information of donors and that in January 2015, Greitens' assistant sent campaign aides a list containing this information and other details of individuals, companies, and nonprofits that had donated $1,000 or more to the charity. The report said Greitens used the list, which was created in May 2014 when Greitens was stepping down as CEO of the charity, to fundraise for his 2016 gubernatorial campaign. The report also said that campaign aide Daniel Laub testified he was tricked into being falsely listed on an ethics commission settlement as giving the donor list to the campaign.
    • May 2: House Minority Leader Gail Beatty (D) called on Greitens to resign or be impeached, saying the governor is "utterly lacking in the moral authority necessary to effectively govern." House Speaker Todd Richardson (R) asked the committee to provide recommendations on actions that could be taken against Greitens. Greitens' attorney Michael Adams said before the report's release that the campaign "worked in good faith with the ethics commission for months to resolve this matter to the ethics commission’s satisfaction. Any notion that the campaign — through an adviser, an attorney, or anyone else — would intentionally mislead the ethics commission is simply false."
  • Click here to catch up on our coverage of the investigations into Gov. Greitens.

Arizona governor signs education bill, teacher strike ends

  • Arizona Educators United and the Arizona Education Association called an end to the strike that began on April 26. Arizona Educators United tweeted, "The education budget has been passed and signed. AEU is herby calling an end to the Walkout."
  • Gov. Doug Ducey (R) signed HB 2663, an education budget bill that increases teacher pay by 20 percent by 2020. A press release from the governor's office said the bill when fully implemented represents a $1 billion increase in education spending, including:
    • $644.1 million for a 20 percent teacher pay raise by 2020.
      • $304.9 million for a 10 percent raise over fiscal years 2018 and 2019.
      • $164.7 million for a 5 percent raise in fiscal year 2020.
      • $174.5 million for a 5 percent raise in fiscal year 2021.
    • $371 million to restore recession-era cuts over five years. The funds are flexible and districts can use them for curriculum updates, technology, or to increase support staff salaries. $100 million was allocated for fiscal year 2019.
    • $1.8 million for career and technical education.
    • $10 million ($3 million in state dollars, $7 million from federal funds) for behavioral health specialists.
    • $53 million for infrastructure renewal.
    • $86 million over two years to build five new schools.
  • A teacher vote between April 17 and 19 resulted in the decision to strike beginning April 26. Teachers demanded a 20 percent teacher pay raise, raises for support staff, and an increase in school funding to pre-recession levels. The strike was the first ever in the state.

Signatures filed for California ballot initiative to require companies to disclose whether consumers’ info is sold or disclosed

  • About 625,000 signatures were filed for a California ballot initiative to require companies to provide consumers with information about whether their personal information could be sold or disclosed commercially and how to opt out of the sale or sharing of their personal information. A total of 365,880 signatures need to be valid—58.5 percent of those submitted—for the initiative to make the ballot. The initiative would appear on the ballot for the election on November 6, 2018. Counties will spend the next month verifying signatures.
  • Specifically, the initiative would provide consumers with the power to request:
    • that a business release information the business collected about the consumer to the consumer;
    • that a business release information on how the consumer's personal information was sold or disclosed and to whom; and
    • that a business not sell or disclose the consumer's personal information.
  • The measure would also allow consumers to sue businesses for security breaches of consumers’ personal information or for other violations of the initiative’s provisions.
  • Californians for Consumer Privacy, a PAC, is leading the campaign in support of the measure. As of May 3, the PAC had raised $2.35 million, with 99.98 percent of funds received from San Francisco-based real estate developer Alastair Mactaggart.
  • The California Chamber of Commerce organized the Committee to Protect California Jobs to oppose the ballot initiative. The committee had raised $1.01 million, including $200,000 from each of the following: AT&T, Comcast, Facebook, Google, and Verizon Communications. Facebook, however, announced on April 11, 2018, that the firm would provide no additional funds to the opposition campaign.
  • As of May 3, 2018, seven ballot initiatives are pending signature verification in California, including initiatives to repeal the state’s recent fuel-tax increase, allow local governments to enact rent control, and begin the process of dividing the state into three states. One other ballot initiative—a $8.9 million water bond—has qualified for the ballot.

Signatures filed for Missouri initiative to change state's lobbying laws, campaign finance limits, and legislative redistricting process

  • On Thursday,, about 347,000 signatures were filed for a Missouri ballot initiative to change the state's lobbying laws, campaign finance limits, and legislative redistricting process. At least 160,199 signatures (around 46.2 percent), depending on the congressional districts in which signatures were collected, need to be valid for the measure to be placed on the ballot for the election on November 6, 2018.
  • The ballot initiative would make the following changes:
    • Lobbying: The measure would require legislators and legislative employees to wait two years after the conclusion of the legislative session in which the legislator or employee served to become a paid lobbyist. The measure would prohibit legislators from accepting gifts from paid lobbyists in excess of $5.
    • Campaign finance: The measure would establish campaign contribution limits for legislative candidates from one person to $2,000 for state House and $2,500 for state Senate. The measure would also prohibit making or accepting contributions using a fake name, the name of another person, or through another person as to conceal the actual donor's identity.
    • State legislative redistricting: The position of nonpartisan state demographer would be created. The demographer would be responsible for drawing legislative redistricting maps and presenting them to the house and senate apportionment commissions. The measure would establish a process of selecting a state demographer, which would give the Missouri State Auditor and majority and minority leaders of the Missouri State Senate power in selecting the demographer. The measure would require the demographer to take into account partisan fairness and competitiveness using an electoral performance index. The house and senate apportionment commissions would be allowed to change the demographer's legislative redistricting plan, provided that changes meet the redistricting criteria, and the changes are approved by seven-tenths of the commissioners. If no changes are made or approved, the demographer's tentative plan would become final.
    • Public records: The initiative would require that legislative records, including legislative proceedings, be considered public records.
  • Clean Missouri—the PAC sponsoring the initiative—had raised $2.01 million as of the most recent campaign finance filing on April 23. The committee had received contributions from labor and progressive organizations, including $250,000 from the National Education Association,$250,000 from the Missouri National Education Association, and $250,000 from the MOVE Ballot Fund. The MOVE Ballot Fund had received 99.97 percent of its funds from the Open Society Policy Center, which was founded by progressive billionaire George Soros.
  • Sam Cooper, executive director of the Missouri Republican Party, highlighted the contribution from Soros’ Open Society Policy Center, saying, “Under the guise of ‘Clean Missouri,’ they’ve accepted hundreds of thousands of dollars from George Soros in order to rewrite the Missouri Constitution in an attempt to disenfranchise Missouri voters. I wish I could say I was surprised, but after years of getting their tails kicked at the ballot box, I guess using Soros money to redraw legislative districts is the only chance they have of winning.” Molly Fleming, the executive director of Clean Missouri, responded to Cooper, saying that the MOVE Ballot Fund—a PAC—was established to provide transparency about its donations, unlike GOP-aligned nonprofits. She also said, “We’re really excited about the opportunity presented by the Clean Missouri effort to make our state government more open and accountable. Big money and political insiders have been running the show for too long — leaving working people out in the cold.”
  • There is one ballot measure—Proposition A—certified for the Missouri ballot in 2018. Proposition A was designed to overturn the state’s right-to-work law.

Colorado Sen. Randy Baumgardner stripped of committee posts as punishment for sexual harassment allegations

  • Sen. Randy Baumgardner (R) was stripped of his committee posts after an independent investigator concluded that claims that Baumgardner had created a hostile work environment in 2016 were credible.
  • Senate President Kevin Grantham (R) said, "It's never pleasant meting out punishments of this sort to colleagues, but the three of us who were tasked with making this decision are comfortable that it was justified in this case."
  • According to the Hastings Tribune, Grantham was referring to Senate Majority Leader Chris Holbert and Democratic Minority Leader Leroy Garcia. However, the Associated Press reported that Garcia said he was not consulted on the sanctions.
  • Background. On November 28, an anonymous former legislative staffer filed a formal sexual harassment complaint against Baumgardner. According to the complaint, Baumgardner inappropriately touched the staffer during the 2017 legislative session. Baumgardner declined to comment on the allegations. On February 13, 2018, Baumgardner announced his resignation as transportation committee chair in response to the allegations.
  • On April 2, the state Senate held a vote on whether to expel Baumgardner over the misconduct allegations against him. It failed 17-17, with Baumgardner abstaining. Twenty-four of the Senate's 35 members would have had to vote "yes" for Baumgardner to be expelled. Sixteen Republicans and one independent voted against the resolution, while 16 Democrats and one Republican voted for the resolution.

Louisiana State Legislature refers ballot measure to allow political subdivisions to loan public equipment and personnel to each other

  • The Louisiana State Legislature approved a constitutional amendment to allow political subdivisions of the state, through a written agreement, to exchange public equipment and personnel for an action or function the receiving subdivision is authorized to exercise. As a constitutional amendment, voters will be asked to approve the amendment on November 6, 2018.
  • As of 2018, political subdivisions are prohibited from loaning or exchanging equipment and personnel in Louisiana. Sen. Dale Erdey (R-13) filed the amendment in response to Legislative Auditor Daryl Purpera reprimanding the City of Denham Springs for loaning a vacuum truck and workers to the City of Walker. Sen. Erdey said, “There’s absolutely nothing wrong with neighboring cities helping out one another, especially in times of need.”
  • Members of the Louisiana State Legislature passed the amendment in bipartisan unanimous votes. On May 3, 2018, the amendment was filed with the secretary of state for inclusion on the ballot.
  • The amendment is the first referred to the ballot in Louisiana during the current legislative session for the general election ballot in 2018. From 1995 through 2017, an average of 10 measures appeared on the ballot during even-numbered years in Louisiana. The 2018 legislative session is expected to run through June 4, 2018, in which time the legislature could refer more amendments. As of May 4, 2018, seven constitutional amendments had been approved in one legislative chamber and are awaiting votes in the second legislative chamber.

Third legislatively referred constitutional amendment certified for the November 2018 ballot in Colorado

  • A constitutional amendment to remove the definition of industrial hemp from the Colorado Constitution (Senate Concurrent Resolution 18-003) was certified for the ballot. The amendment was introduced in the state Senate as Senate Concurrent Resolution 18-003 (SCR18-003) on April 11, 2018. It passed the Senate unanimously on April 23, 2018, and passed in the House with a vote of 60-5 on May 3, 2018.
  • The amendment would delete the definition of "industrial hemp" from the Colorado Constitution and instead require that industrial hemp have the same definition as in federal law, or if federal law allows a state to define industrial hemp, in state statute. However, federal law does not allow states to define industrial hemp in statute as of April 2018.
  • This amendment joins two others that were already referred to the 2018 ballot by the state legislature, an amendment to reduce the age qualification for legislative members from 25 to 21 and an amendment to shorten language on the Colorado ballot regarding judicial retention by consolidating questions.
  • A total of 118 measures appeared on statewide ballots in Colorado from 1995 through 2017. In that time period, the number of measures on statewide ballots ranged from zero to 14. An average of between nine and 10 measures appeared on the ballot in Colorado during even-numbered election years. From 1995 through 2017, about 42 percent (44 of 104) of the total number of measures that appeared on statewide ballots during even-numbered years were approved, and about 58 percent (60 of 104) were defeated.

Oklahoma refers amendment to establish an oil and gas tax revenue investment fund to the November ballot

  • The Oklahoma legislature referred an amendment to the November ballot that would establish the Oklahoma Vision Fund to set aside 5 percent of revenue from the state’s oil and gas production tax revenue into a fund that would be invested by the State Treasurer. Not later than September 30 each year, 4 percent of the average of the money in the fund over the previous five years would be transferred to the state’s general fund. Not more than 5 percent of the money in the fund could be spent to pay for bonds or other financing mechanisms under the amendment.
  • To put a legislatively referred constitutional amendment before voters, a simple majority is required in both the Oklahoma State Senate and the Oklahoma House of Representatives.
  • This amendment was sponsored by State Senator John Sparks (Oklahoma) (D-16) and State Representative Charles McCall (R-22) as Senate Joint Resolution 35. It was first read on February 6, 2017, and was approved by the state Senate in a vote of 42-0 with six excused on March 14, 2018. The House passed an amended version of SJR 35 in a vote of 94 to 3. The Senate rejected the House's amendments and called for a conference committee. The conference committee provided a version that was approved by the Senate and the House on May 2 and May 3 respectively. Final approval was unanimous in both chambers.
  • Four other measures are certified for the 2018 ballots in Oklahoma. One of these— a medical marijuana initiative—is going before voters for the election on June 26, 2018. The other three measures are constitutional amendments referred to the ballot by the legislature.
  • A total of 76 measures appeared on statewide ballots in Oklahoma from 1996 through 2016. In that time period, the number of measures on statewide ballots during even-numbered years ranged from three to 11 and an average of seven measures appeared on the ballot in Oklahoma during even-numbered election years. About 81 percent (60 of 74) of the total number of measures that appeared on statewide ballots during even-numbered years were approved, and about 19 percent (14 of 74) were defeated.

Friday, May 4

Filing deadline for some Florida candidates

  • Candidates running for certain races in Florida had to file by noon on this date. Candidates filed for U.S. Senate, U.S. House, judicial offices, state attorney, and public defender. Candidates running for a state executive office, state legislative seat, or a county seat have until June 22 to file.

Massachusetts Sen. Stanley Rosenberg resigned

  • State Sen. Stanley Rosenberg (D) resigned effective May 4, 2018, at 5:00 p.m. In a statement, he said, "I had hoped that, with the conclusion of the investigation, I would be able to focus, once again, on representing my constituents and contributing meaningfully to the work of the Senate. In light, however, of the disciplinary measures recommended by the Ethics Committee, it would not be fair to my constituents to have a representative in the Senate who lacked the authority to represent their interests fully."
  • The Senate Ethics Committee unanimously adopted a report and recommendations that Rosenberg be prohibited from serving in a leadership position (Senate president, leadership member, or committee chair) through the 2019-2020 session, pending the results of the November 2018 election.
  • Rosenberg faced calls for resignation from Gov. Charlie Baker (D), Attorney General Maura Healey (D), and Sens. Karen Spilka (D), James Eldridge (D), James Welch (D), Barbara L'Italien (D), Paul Feeney (D), and John Keenan (D) after the Senate Ethics Committee released a report on May 2.
  • The report found that Rosenberg did not violate any Senate rules but that he "knew or should have known" that his husband, Bryon Hefner, was harassing Senate employees. An independent investigation of allegations of sexual misconduct against Hefner began in December 2017. The allegations were first reported by the Boston Globe on November 30 and included charges that Hefner had sexually assaulted and harassed four men affiliated with the state capitol.
  • To read more about sexual misconduct in state capitols, click here.

Maine Republicans file suit in federal court to bar implementation of ranked-choice voting in June 12, 2018, primary

  • The Republican Party of Maine filed suit against Secretary of State Matthew Dunlap (D) in the United States District Court for the District of Maine, asking that the court bar state officials from implementing ranked-choice voting in the June 12, 2018, primary election and subsequent primaries. In the court filing, attorneys for state Republicans alleged that Maine's ranked-choice voting law "severely burdens the Party's right to freedom of association under the First and Fourteenth Amendments to the U.S. Constitution ... [by requiring] the Party to change the process which the Party has deemed most appropriate for selecting candidates to represent the Party's beliefs and messages."
    • Jason Savage, executive director of the Republican Party of Maine, said, "We feel the case law and precedent are clear, and that forcing Republicans to change the way we nominate our candidates is a clear violation of our First Amendment rights. We hope the court will expedite our request and act quickly to protect our right to select our nominee the way we choose." Scott Ogden, a spokesman for the Democratic Party of Maine, said, "The Maine Democratic Party has every intention of following the law and respecting the will of Maine people, who have said repeatedly that they want to elect their leaders through ranked choice voting. We’re disappointed that the Maine Republican Party thinks they know better than the majority of Mainers."
    • Maine's ranked-choice voting law, adopted via ballot initiative in 2016, has been the subject of ongoing litigation and legislative repeal efforts. In May 2017, the Maine Supreme Judicial Court issued an advisory opinion finding that provisions of the ranked-choice voting law violated the state constitution. In October 2017, the state legislature approved LD 1646, which provides for delayed implementation of the state's ranked-choice voting law pending voter approval of a constitutional amendment allowing for its use. LD 1646 also provides for the repeal of the ranked-choice voting law if no constitutional amendment is approved by December 1, 2021. Ranked-choice voting proponents initiated a veto referendum campaign to suspend and, ultimately, repeal LD 1646. Ranked-choice voting proponents filed the requisite 61,123 valid signatures to place the veto referendum on the June 2018 ballot, suspending LD 1646 pending resolution of the veto referendum and paving the way for implementation of ranked-choice voting in the June 2018 primary election for federal and state offices. A series of legal challenges followed. On April 3, 2018, Kennebec County Superior Court Justice Michaela Murphy issued an opinion in Committee for Ranked-Choice Voting v. Dunlap, ordering state officials to proceed with the implementation of ranked-choice voting in June. The next day, the Maine State Senate filed a separate suit (Senate of Maine v. Dunlap) requesting that the court bar the state from implementing ranked-choice voting in the upcoming primary election. On April 11, 2018, Murphy transmitted this suit to the state supreme court, which ruled unanimously on April 17, 2018, that "ranked-choice voting is the current statutory law of Maine for the primary elections to be held on June 12, 2018." The court noted that its ruling "focuses only on the June 2018 primary election; it does not address any other potential application of ranked-choice voting in Maine."

Arizona State Legislature amends voter-approved public financing initiative from 1998, requiring a vote of electors in November 2018

  • The Arizona State Legislature voted to amend Proposition 200, a voter-approved ballot initiative from 1998 that established a system to provide public financing for campaigns. Proposition 200 also set up a commission, called the Arizona Citizens Clean Election Commission (CCEC), to oversee the public financing system. As the Arizona State Constitution requires legislative changes to voter-approved ballot initiatives to go back before voters, the changes were referred to the ballot as a measure for the election on November 6, 2018.
  • The measure would prohibit candidates from using their public financing accounts to give funds to political parties or tax-exempt 501(a) organizations that are allowed to engage in activities to influence candidate elections. The measure would also remove the Citizens Clean Election Commission's (CCEC) exemption from rulemaking requirements. As of 2018, the CCEC, which oversees the public financing program, was empowered to adopt its own rules to govern the commission in public meetings following a 60-day period for public comment.
  • The legislation was approved along partisan lines in both chambers of the Arizona State Legislature. Republicans supported the measure, while Democrats opposed the changes. The state Senate voted 17-12 on May 3, 2018, and the state House voted 33-24 on May 4, 2018.
  • Rep. Athena Salman (D-26), who voted against referring the measure, took issue with how the changes would repeal the CCEC’s exemption from state rulemaking requirements, contending that the CCEC’s rules were stronger than state laws. She said the measure would reverse certain rules, such as those requiring transparent contracts between candidates and consultants. Rep. John Allen (R-15), who voted to refer the measure, said the current system incentives parties to “go out and recruit members who have no real interest, people to run in districts where they can’t win… get on the ballot, collect the $5 forms, and then take the maximum amount they can and funnel it somewhere else.”
  • The ballot measure is the third certified for the general election ballot in Arizona in 2018. HCR 2032, which legislators approved for the ballot in March 2018, would allow adjustments to retirement plans based on cost-of-living adjustments, rather than permanent benefit increases, for correctional officers, probation officers, and surveillance officers (Corrections Officer Retirement Plan) and elected officials (Elected Officials' Retirement Plan). Proposition 305, a veto referendum that collected signatures last summer, was designed to overturn a bill to expand the state’s Empowerment Scholarship Accounts program to make all public school students eligible to apply for an ESA. Signatures for ballot initiatives are due on July 5, 2018.

Special Elections

As of this week, 70 state legislative special elections have been scheduled or held in 23 states. Elections have been held for 16 Democratic seats and 33 Republican seats. Democrats have flipped seven seats as a result of special state legislative elections in 2018. 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:

May 5

May 15

Local Politics: The Week in Review

Elections Update

Tuesday, May 1

Nashville voters defeat $5.4 billion transit referendum

  • Voters in Nashville, Tennessee, defeated the Transit Improvement Program referendum with 63.99 percent of the vote, according to unofficial results. The referendum would have increased the city's sales tax, hotel tax, business tax, and rental car tax to fund a $5.4 billion transit proposal. The transit plan would have added five light rail lines, expanded bus service, and other transit improvements.
    • The city’s sales tax would have increased by 0.5 percent for the first five years, increasing to 1 percent in 2023. The hotel tax would have increased by 0.25 percent for the first five years, increasing to 0.375 percent in 2023. The business tax and rental car tax would have both increased by 20 percent.

Two officials recalled in Oregon leaves school board without a quorum

  • Judy Skirvin and Monty Akin were removed from their positions on the Clatskanie School District school board in Oregon following a recall election. The two members, along with board Chair Walt Lovegren, were targeted for recall after they voted to not renew the contract of Clatskanie Elementary School principal Brad Thorud on February 26. The other two members of the board at the time voted against the motion to not renew Thorud's contract. Lovegren’s name did not appear on the recall ballot as he resigned from the board before the petitions were verified.
    • The recall petitions against Lovegren, Skirvin, and Akin said that they did not represent their constituents when they voted to not renew Thorud's contract. The petitions said that because of their votes, the community had lost confidence and respect for them.
    • Clatskanie Superintendent Lloyd Hartley recommended that Thorud's contract not be renewed in February 2018 due to his inability to work other administrators. After the recall effort began, Hartley said he stood by his recommendation. Both Skirvin and Akin also said they stood by Hartley’s recommendation. Hartley resigned from his position on April 17.
    • Another board member, Valerie Williams, also resigned from the board in March 2018. Her resignation was not related to the recall effort. She said she was moving outside of the district.
    • The board delayed appointing new members to the two vacant positions until after the recall election. Because both recalls were approved and the board was left with one member, the Education Service District will send consultants to help appoint enough board members to have a quorum. Once a quorum is reached, those members will appoint members to the remaining vacant positions.
    • Ballotpedia has tracked 24 recall efforts targeting a total of 53 school board members in 2018. Four recall elections have been scheduled in the first half of 2018.

Municipal elections held in Virginia

  • In Chesapeake, Virginia, elections were held for mayor and city council. Five at-large seats on the city council were up for election. Three incumbents ran in the at-large city council election. Special elections were held for mayor and an additional city council seat. After former mayor Alan Krasnoff resigned in order to take office as clerk of the circuit court, Vice Mayor Richard West became mayor in November 2017. Councilman John de Triquet was then appointed vice mayor, and Dwight Parker was appointed to de Triquet's seat on the city council. West and Parker were required to run in special elections in 2018 in order to serve out unexpired terms that end on June 30, 2020. They both won election.
  • In Norfolk, Virginia, elections were held for five wards on the city council. Incumbents ran uncontested in Ward 1, Ward 4, and Ward 5. Courtney Doyle defeated two other candidates for the open Ward 2 seat. The incumbent of Ward 3 defeated her challenger.

School board elections held in Virginia

  • Five seats on the Chesapeake Public Schools school board were up for election. The school board consists of nine members elected at large to four-year terms. Five seats were up for election on May 1. Four incumbents won re-election. Challenger Patricia King won election to her first term.
  • Five seats on the Norfolk Public Schools school board were up for election. There are seven members on the board elected by ward to three-year terms. All five wards up for election had more than one candidate running in the general election. Tanya Bhasin of Ward 2 was the only incumbent running for re-election. She defeated two challengers in the election.

Recall efforts fail in Oxnard, California

  • A recall election in Oxnard, California, against Mayor Tim Flynn and city council members Carmen Ramirez, Bert Perello, and Oscar Madrigal was held. All four officials were retained in the recall vote. The recall effort was initiated after the four officials voted to raise wastewater rates through 2022. The fifth member of the city council, Bryan MacDonald, voted against the rate increase and was not targeted for recall. Recall organizers successfully submitted more than the required 12,043 signatures for each official to get the recall on the ballot.
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

Saturday, May 5

Texas House of Representatives special election

Monday, May 7

Candidate filing deadline in Ohio for independents

  • To appear on the November ballot in 2018, Ohio independent candidates must file to run by May 7. Independent candidates cannot be affiliated with a political party and must meet the qualifications for the office they are seeking. Independent candidates who want “nonparty candidate” or “other party candidate” to be printed under their names on the ballot must request it when they file their paperwork.
    • Potential candidates must file a declaration of candidacy, nominating petitions, and pay a filing fee. Signature requirements vary depending on the office being sought. Statewide offices such as governor and United States Senator require 5,000 qualified elector signatures. United States Representative and state legislature candidate signature requirements are based on the size of the district—if 5,000 or more electors in the district voted for the office of governor in the most recent election, candidates need signatures from 1 percent of the number of electors who voted; if less than 5,000 electors voted for said office, candidates need 5 percent of the vote or 25, whichever is less.

Tuesday, May 8

Indiana primary election

  • Ballotpedia will cover a total of 138 federal and state seats up for primary election in Indiana in 2018. These include 10 congressional seats and 125 state legislative seats. Ballotpedia will also cover municipal elections in Allen and Marion counties.

North Carolina primary and general elections

  • Ballotpedia will cover a total of 183 federal and state seats up for primary election in North Carolina in 2018. These include 13 U.S. House seats and 170 state legislative seats. Ballotpedia will also cover municipal elections in Durham, Forsyth, Guilford, Mecklenburg, and Wake counties and school board elections in the Durham, Winston-Salem/Forsyth, Guilford, Johnston, and Union school districts.

Ohio primary election

  • Ballotpedia will cover a total of 224 federal, state, and local seats up for primary election in Ohio in 2018. These include U.S. Congress, governor and other state executives, Ohio General Assembly, and Ohio state courts. Ballotpedia will also cover judicial and municipal elections across five counties: Cuyahoga, Fairfield, Franklin, Hamilton, and Lucas.
  • Republican primaries in the Ohio state legislature are of particular importance, with the next speakership at stake. The two candidates for speaker — Finance Committee Chairman Ryan Smith and former House Speaker Larry Householder — are supporting opposing candidates in the primaries because they expect their support in the January 2019 speaker's race. Twenty-nine state House primaries and four state Senate primaries will be contested, giving both Smith and Householder opportunities to campaign for their preferred primary candidates.
  • Also up for vote will be Ohio Issue 1, a ballot measure regarding congressional redistricting in the state. Issue 1 would create the following process for congressional redistricting in Ohio:
    • The measure would require the state legislature to adopt a 10-year congressional redistricting plan with 60 percent of members in each chamber voting in favor and 50 percent of Republicans and 50 percent of Democrats (or whichever two parties have the most members in the legislature) voting in favor.
    • Should the state legislature fail to meet these vote requirements, then the seven-member Ohio Redistricting Commission, established via Issue 1 in 2015, would get a chance to adopt a 10-year congressional redistricting plan, with support from at least two members of the minority party.
    • Should the commission fail to adopt a plan, the legislature would get a second opportunity to adopt a 10-year plan, but with a lesser requirement of one-third of the members from the two major parties supporting the proposal.
    • Failure at this stage would result in the legislature adopting a plan through a simple majority vote, with no bipartisan vote requirement but stricter criteria, and with the plan lasting two general election cycles (four years), rather than 10 years.
    • Issue 1 would take effect on January 1, 2021, and apply to congressional redistricting following the 2020 U.S. Census.
    • As of 2018, the Ohio General Assembly is responsible for adopting the state’s congressional redistricting plan, subject to the governor’s veto or citizen-initiated veto referendum. Adopting a congressional redistricting plan requires a simple majority vote in both chambers of the state General Assembly. The last time the state General Assembly adopted congressional maps was in 2011, which followed the 2010 U.S. Census. Republicans controlled the state Senate, state House, and governor’s office, thus holding a trifecta in state government. Republicans adopted a congressional redistricting plan with the support of 4 of 50 legislative Democrats (8 percent).

West Virginia primary election

  • Ballotpedia will cover a total of 121 federal and state seats up for primary election in West Virginia in 2018. These include four congressional seats and 117 state legislative seats.
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Local Politics: What's On Tap Next Week

Saturday, May 5

Texas local elections take place

  • Texas is holding municipal elections in many cities across the state. Ballotpedia is covering local elections in the 100 largest cities by population and all counties that intersect with those cities. This includes coverage of the cities of Arlington, Garland, Irving, and Lubbock.

Monday, May 7

Candidate filing deadline in Ohio

  • To appear on the November ballot in 2018, Ohio independent candidates must file to run by May 7. Independent candidates cannot be affiliated with a political party and must meet the qualifications for the office they are seeking. Independent candidates who want “nonparty candidate” or “other party candidate” to be printed under their names on the ballot must request it when they file their paperwork.
    • Potential candidates must file a declaration of candidacy, nominating petitions, and pay a filing fee. Signature requirements vary depending on the office being sought. Statewide offices such as governor and United States Senator require 5,000 qualified elector signatures. United States Representative and state legislature candidate signature requirements are based on the size of the district—if 5,000 or more electors in the district voted for the office of governor in the most recent election, candidates need signatures from 1 percent of the number of electors who voted; if less than 5,000 electors voted for said office, candidates need 5 percent of the vote or 25, whichever is less.

Tuesday, May 8

Indiana primary election

  • Ballotpedia will cover a total of 138 federal and state seats up for primary election in Indiana in 2018. These include 10 congressional seats and 125 state legislative seats. Ballotpedia will also cover municipal elections in Allen and Marion counties.

North Carolina primary and general elections

  • Ballotpedia will cover a total of 183 federal and state seats up for primary election in North Carolina in 2018. These include 13 U.S. House seats and 170 state legislative seats. Ballotpedia will also cover municipal elections in Durham, Forsyth, Guilford, Mecklenburg, and Wake counties and school board elections in the Durham, Winston-Salem/Forsyth, Guilford, Johnston, and Union school districts.

Ohio primary election and Toledo special election

  • Ballotpedia will cover a total of 224 federal, state, and local seats up for primary election in Ohio in 2018. These include U.S. Congress, governor and other state executives, Ohio General Assembly, and Ohio state courts. Ballotpedia will also cover judicial and municipal elections across five counties: Cuyahoga, Fairfield, Franklin, Hamilton, and Lucas. Also up for vote will be Issue 1, a ballot measure regarding congressional redistricting in the state.
    • The city council in Toledo, Ohio, will hold a special election for the District 6 seat on the same day as the statewide primary. The election was called after Lindsay Webb vacated her seat after being appointed as Lucas County Treasurer. Four candidates filed for election: Chris Delaney (D), David Ball (D), James Nowak (R), and Alex Rivera (R). Delaney was appointed to the position in late January 2018 to serve until the special election. The winner of the special election will hold the seat for the remainder of Webb’s term, which expires in 2020.
    • Ohio shares its primary date with Indiana, North Carolina, and West Virginia. The general election is November 6, 2018.

Maine school board recall to be held

  • A recall election seeking to remove three of the seven members of the Scarborough School Department Board of Education in Maine will be on the ballot. Recall supporters targeted board members Donna Beeley, Cari Lyford, and Jodi Shea after David Creech, principal of Scarborough High School, resigned from his position effective June 30. Creech did not publicly say why he resigned, and school officials said his resignation could not be discussed because it was a personnel matter. Creech's wife and lawyer said he was forced to resign by Scarborough Superintendent Julie Kukenberger. When Creech tried to withdraw his resignation, Kukenberger did not accept the withdrawal and the school board did not agree to meet with him.
    • Recall supporters said they were seeking recall due to incompetent oversight of the superintendent. Beeley defended the school board and Kukenberger, saying, “Social media and news outlets have promoted a narrative that due to the confidentiality required has been one-sided."
    • Voter turnout in the recall election will have to be at least 30 percent of the turnout at the last gubernatorial election in order for the results of the election to hold. If the members are recalled in the election, special elections will be held to elect their replacements. Ballotpedia has tracked 24 recall efforts targeting a total of 53 school board members in 2018.

City officials up for recall in Michigan

  • In Roscommon, Michigan, Village President Dan Fishel is facing a recall vote. Recall supporters accuse Fishel of violating a village ethics ordinance after he shared his personal opinions of the Roscommon Downtown Development Authority.
  • In Wayne, Michigan, a recall election is being held against Mayor Susan Rowe and City Councilmen Chris Sanders, Ryan Gabriel, and Anthony Miller. The recall effort was initiated after the city council's decision to extend elected official terms to 2018. The council approved the extensions because three council seats were due for election in 2017 prior to the city's decision to move elections from odd years to even years to coincide with state elections. Another approved petition argued that Sanders recruited residents outside of Wayne County to make critical comments about City Manager Lisa Nocerini at council meetings. Organizers are also seeking to remove Sanders due to his vote to block the sale of the vacant Wayne Activities and Banquet Center.

Newark elections

  • The city of Newark, New Jersey is holding a general election for mayor on May 8. The race is a battle between incumbent Ras J. Baraka and a former supporter, Newark City Councilwoman Gayle Chaneyfield Jenkins.
  • Chaneyfield Jenkins backed Baraka's 2014 mayoral bid, running as part of his slate of candidates. She later broke with the mayor.
  • The candidates differ on issues like development and education. Chaneyfield Jenkins opposed a Baraka-backed proposal mandating a number of low-income housing units in new residential developments. She was also against a state moratorium on charter school expansion that had Baraka's support.
  • Newark is also holding an election for the city council on the same day. Thirty-seven candidates filed for nine seats.


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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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