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The State and Local Tap: Illinois signs its first budget into law since 2015

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June 8, 2018Issue No. 116

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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:

  • One hundred and seven (107) measures are certified to appear on statewide ballots in 31 states in 2018 so far—24 citizen-initiated measures, 74 legislatively referred measures, eight measures referred by a Florida commission, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. Review Ballotpedia’s list of 2018 initiative and referendum signature deadlines to stay ahead of 2018 ballot measure news, and see if there are initiatives currently circulating in your state here.
    • One new measure was certified for 2018 ballots over the last week.
    • By this time in 2014, 118 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 111 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
    • The average number of certifications by early June from 2010 through 2016 was 114, and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for 21 additional citizen-initiated measures have been submitted and are pending verification in California, Idaho, Michigan, Missouri, Oklahoma, and Oregon. To see this list, click here.
    • The most recent general initiative signature deadline was May 30, 2018, for initiatives in Michigan. Signatures were submitted for five measures, including initiatives concerning marijuana legalization, a redistricting commission, the repeal of prevailing wage laws, a minimum wage increase, and paid sick leave.
    • The next signature deadline for a state featuring initiative activity in the 2018 cycle is June 19 for initiated constitutional amendments in Nevada.
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Saturday, June 2

Billionaire Jeff Greene files to run in Florida Democratic gubernatorial primary

  • Billionaire real estate developer Jeff Greene filed to run in the Florida Democratic gubernatorial primary, making him the fifth major Democratic candidate to run. The other major candidates are former Miami Beach Mayor Philip Levine, former U.S. Rep. Gwen Graham, Tallahassee Mayor Andrew Gillum, and entrepreneur Chris King. All but Gillum have drawn from their personal or family wealth to finance their campaigns.
  • Greene could possibly run to the right of the Democratic field. Although he said he supported Hillary Clinton in 2016, he later urged Democrats to support President Donald Trump and not focus on defeating him in elections. Greene ran for U.S. Senate in Florida as a Democrat in 2010 and a U.S. House seat in California as a Republican in 1982. He lost in both primaries. He loaned his Senate campaign $23.8 million.
  • Marc Caputo and Matt Dixon at Politico offered the following analysis of Greene’s entry into the race: “Money talks, but it doesn’t quite shout in a Democratic primary in the same way it does in a Republican race… Assuming Jeff Greene doesn’t win the Democratic primary for governor, he’s bound to have an effect (if he campaigns). So let’s boil everything down to race, class and gender. Only one candidate, Tallahassee Mayor Andrew Gillum, boasts about being the ‘only non-millionaire’ in the primary of the five major candidates (including Greene). Gillum didn’t mention the obvious: He’s also the only African-American in the race. And if the vote fractures cleanly on racial lines in a state where more than a quarter of the Democratic primary is black, it’s a huge advantage for Gillum. But what if the vote divides by gender instead? In that case, Rep. Gwen Graham’s odds vastly improve. She’s the only woman candidate.”

Monday, June 4

Illinois governor signs complete budget bill for the first time since 2015

  • Gov. Bruce Rauner (R) signed a $38.5 billion budget bill—the first complete budget he signed since taking office in 2015. The Illinois State Legislature approved the budget on bipartisan lines and sent the bill to the governor on May 31, 2018.
  • House Republican Leader Jim Durkin said, "Both sides did not get everything they hoped for, but our priorities - Republican and Democrat - have been met." Rauner said in a statement, "I'm signing this legislation because it is a step in the right direction, but it is not perfect. ... We still need to enact reforms that bring down the cost of government, make the state friendlier to job creators, and ignite our state economy so it grows faster than government spending."
  • Among its provisions, the budget:
    • fully funds the education formula signed into law in 2017.
    • increases K-12 school funding by $350 million, early childhood education --funding by $50 million, and higher education funding by $25 million.
    • contributes $50 million to the state scholarship program.
    • introduces changes to the pension system. According to a press release from the governor's website, the changes were projected to save $445 million in fiscal year 2019.
    • creates adoption tax credits of up to $5,000 per child.
    • gives $500 million to the University of Illinois System for economic development initiatives.
    • invests $53 million in fiscal year 2019 for the construction of a veterans' home in Quincy, Illinois.

South Carolina Sen. Courson resigns, pleads guilty to official misconduct charge

  • Longtime state Sen. John Courson (R) resigned from office, pleaded guilty to one count of official misconduct, and agreed to cooperate with investigators. Courson served in the state Senate from 1985 to 2018.
  • Background. On March 17, 2017, a state grand jury indicted Courson on three charges of misconduct in office and using campaign donations for personal expenses. Courson was suspended from the state Senate as a result of the indictment. On October 18, 2017, Courson was indicted on charges of criminal conspiracy and statutory misconduct in office.
  • The indictment accused Courson of paying political consultant Richard Quinn's firm several political consulting payments while Quinn's firm was also writing Courson checks for less than $10,000. Courson allegedly cashed the checks at a Bank of America branch. The indictment said Courson paid the Quinn firm a total of $247,829 between 2006 and 2012 and the firm paid Courson $132,802 in multiple transactions.
  • Special prosecutor David Pascoe argued that Courson acted illegally by receiving the checks in amounts of less than $10,000. In this way, Pascoe argued, Courson avoided a law that requires banks to report transactions of $10,000 or more to federal authorities.

Catching up on the Louisiana special session: Legislature approves spending plan, fails to approve measures to fully fund it

  • Louisiana's second special session in 2018 and eighth in two years adjourned on June 4. The session, which began on May 22, was called to address the state's $648 billion budget shortfall resulting from nearly $1.4 billion in temporary taxes set to expire on June 30.
  • In the final hours of the special session, the legislature approved a budget bill but failed to pass enough tax measures to fully fund it, resulting in up to $500 million in cuts to the TOPS scholarship program, colleges and universities, and other state agencies.
  • The state Senate approved enough tax proposals to fund the government without major cuts, but the House rejected two proposals on the last day of the session. One proposal, sponsored by Rep. Lance Harris (R), would have extended an expiring tax at a 4.3 percent rate. The second proposal, sponsored by Speaker Pro Tem Walt Leger (R), would have extended the tax at a 4.5 percent rate. In the session's final minutes, House Speaker Taylor Barras (R), Rep. Harris, and Rep. Alan Seabaugh (R) filibustered to prevent Leger's bill from being reconsidered.
  • According to The Times-Picayune, the final budget proposal resembled a budget that Gov. John Bel Edwards (D) vetoed on May 22. At a press conference, Edwards did not say if he would veto the proposal. The Times-Picayune further reported that, should the governor allow the bill to become law, it was unlikely that lawmakers would allow the approved plan to go into effect without approving additional revenue measures.
  • Edwards said he would call a third special session—which costs the state $60,000 per day—for lawmakers to address tax bills. He did not specify dates other than to say the special session would end before July 1, when the tax bills expire and the state begins its 2019 fiscal year.

Democrat Julio Concepcion wins special election for seat in Connecticut House

  • Julio Concepcion (D) won a special election for the District 4 seat on the Connecticut House of Representatives on June 4. Concepcion was nominated by the Democratic Town Committee. He defeated Bryan Nelson, who was nominated by the Republican Town Committee, and Jessica Inacio (D), who qualified to be on the ballot by submitting petitions.
    • The seat became vacant due to the resignation of Angel Arce (D), who resigned effective April 9, 2018, due to allegations that he sent inappropriate Facebook messages to a 16-year-old girl.
    • Once Concepcion is sworn into office, the Connecticut House of Representatives will have 80 Democratic members and 71 Republican members. A total of 10 state legislative seats have flipped party control as a result of special elections in 2018. Nine seats flipped from Republican control to Democratic control. One seat flipped from Democratic control to Republican control.

Tuesday, June 5

Delaware bump stock ban gets amended for eighth time

  • The Delaware State Senate unanimously passed House Bill 300, which would prohibit bump stocks, after approving an amendment that would lower the penalty for a first-time offense of possessing a bump stock. Legislators in the House and Senate have been unable to agree on penalties for bump stock possession. The bill originally made it a felony for first-time offenders to possess, sell, or purchase a bump stock. The Senate's amendment—which would reduce the penalty from up to one year in prison and/or up to $5,000 in fines to 6-9 months in prison and/or up to a $1,000 fine—was the eighth since the bill's introduction.
  • HB 300 was sent to the state House of Representatives, which approved its own version on May 1.

Colorado governor vetoes marijuana-related legislation

  • Gov. John Hickenlooper (D) vetoed SB 1263, which would have expanded the list of conditions qualified for medical marijuana treatment to include autism spectrum disorder. In his veto letter, Hickenlooper cited medical professionals' concern about a lack of information regarding the safety and efficacy of using medical marijuana to treat autism spectrum disorder. He wrote, "In vetoing this bill, we do so on the sole concern that medical efficacy of [medical marijuana] to treat [autism spectrum disorder] has yet to be fully studied by medical professionals and scientific experts." On June 6, 2018, Lieutenant Governor Donna Lynne (D) signed Executive Order 2018 B-004, which instructed the state Board of Health to "to evaluate the safety and efficacy of medical marijuana for the treatment of autism spectrum disorders in children."

Michigan initiative to legalize recreational marijuana certified for November 2018 ballot

  • Voters in Michigan will decide a ballot initiative to legalize the recreational use and possession of marijuana on November 6, 2018. The Coalition to Regulate Marijuana Like Alcohol (CRMLA) collected an estimated 277,370 valid signatures—24,847 more than was required—and spent about $3.10 to collect the valid signatures required. As an indirect ballot initiative, the Michigan State Legislature had 40 days to adopt, reject, or take no action on the proposal. As no actions were taken, the initiative was certified for the ballot when the legislature adjourned on June 5.
  • Michigan could be the first state in the Midwest to legalize recreational marijuana. In 2015, voters in Ohio defeated Issue 3, which was designed to legalize the sale and use of marijuana and authorize 10 facilities with exclusive commercial rights to grow marijuana. As of June 2018, nine state had legalized the recreational use of marijuana, with eight enacting legalization through ballot initiatives. There are a total of 16 remaining states, including Ohio, where citizens could petition for initiatives to legalize marijuana.
  • CRMLA’s ballot initiative would create an excise sales tax of 10 percent, which would be levied on marijuana sales at retailers and microbusinesses. The initiative would allocate revenue from the tax to local governments, K-12 education, and the repair and maintenance of roads and bridges. Municipalities would be allowed to ban or limit marijuana establishments within their boundaries.
  • The top contributor to the support campaign was the Marijuana Policy Project, which donated $429,205. As of June 6, 2018, there were two committees, the Committee to Keep Pot Out of Neighborhoods and Schools and Healthy and Productive Michigan, registered in opposition to the initiative. The committees had raised $281,020. The top contributor to the opposition committees was Smart Approaches to Marijuana Action (SAM Action), which donated $275,000.
  • Signatures have also be filed in Michigan for ballot initiatives to create an independent redistricting commission, increase the minimum wage, and require paid sick leave for workers. Signatures have been certified for an indirect initiative to repeal the state’s prevailing wage law, which is before the legislature until the initiative is adopted or July 11, 2018.
  • As of June 6, Michigan is the only state with a certified recreational marijuana ballot initiative. Oklahoma and Utah will vote on medical marijuana ballot initiatives in 2018, and signatures are being counted in Missouri for medical marijuana and recreational marijuana initiatives.

Overview of June 5, 2018, state ballot measure elections

  • Voters in California addressed five ballot propositions, approving four and rejecting one. Voters in South Dakota approved one amendment. In California, Proposition 69, Proposition 71, and Proposition 72 were approved by wide margins, with majorities in every county voting to enact the ballot measures. Proposition 69 requires that revenue from the diesel sales tax and Transportation Improvement Fee, as enacted by Senate Bill 1 in 2017, be used for transportation-related purposes. Proposition 71 moves the effective date of ballot propositions from the day after election day to the fifth day after the secretary of state certifies election results. Proposition 72 allow the state legislature to exclude rainwater capture systems added after January 1, 2019, from property tax reassessments.
  • California voters approved Proposition 68, authorizing $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects. The measure required that between 15 and 20 percent of the bond funds, depending on the type of project, be dedicated to projects in communities with median household incomes less than 60 percent of the statewide average (about $39,980 in 2016). Senate President Kevin de León (D-24), who is challenging incumbent Dianne Feinstein (D) for the U.S. Senate in 2018, was the lead author of the $4-billion bond in the California State Legislature. Voters decided both de León's political future (he needed to receive the most or second-most votes to move on to the general election; initial results show that he is likely to come in second) and the bond measure he authored on June 5, 2018.
  • California voters rejected Proposition 70, which Rep. Chad Mayes (R-42) designed. The proposition resulted from negotiations between Gov. Brown (D), legislative Democrats, and legislative Republicans over the future of the state’s cap-and-trade program for greenhouse gases. Mayes agreed to support an extension of cap-and-trade, and promised support from some Republicans, if Democrats agreed to amend the constitution to require a one-time two-thirds vote in each chamber of the state legislature in 2024 to pass a spending plan for revenue from the state's cap-and-trade program. As Proposition 70 would have required a two-thirds (66.6 percent) vote of the state legislature to spend revenue from the program, members of the minority party may have been needed to pass a spending plan. The deal that Mayes brokered with Democrats cost him his role as state Assembly minority. More than 2.3 million voters also disliked Proposition 70, leading to the measure’s defeat.
  • South Dakota voters approved Constitutional Amendment Y by a margin of 79.5 percent to 20.5 percent. The amendment made changes to the Marsy's Law crime victim rights amendment passed by voters in 2016. The Marsy's Law amendment established certain rights for crime victims. Amendment Y made many of the rights guaranteed available if victims opt-in, rather than requiring law enforcement and criminal justice officials to provide the rights unless victims opted out. It allowed law enforcement officials to share certain information with the public in order to assist in solving crimes or apprehending criminals. Amendment Y also contained provisions preventing any lawsuits from being filed against state or local government officials based on the Marsy's Law rights. This was the first time voters in one of the six states in which Marsy’s Law measures were passed voted to make alterations to a Marsy’s Law.
  • The next statewide ballot measure elections in California and South Dakota are on November 6, 2018.
    • As of June 6, there are four measures certified for the ballot in California—a $4 billion housing bond, a $8.9 billion water infrastructure bond, an initiative to limit the revenue of dialysis clinics, and an initiative to allow seniors to transfer the tax-assessed value of their homes. Signatures are in the process of being verified for an additional nine ballot initiatives, including measures to repeal the recently-enacted gas tax, allow rent control, and divide California into three states. The state legislature has until August 31, 2018, to refer additional propositions.
    • Five measures are certified to appear on the ballot in South Dakota. Three are citizen initiatives. Two were referred to the ballot by the state legislature. Another initiative is pending judicial review.

Alabama election review

  • Alabama held its statewide primary on Tuesday. Ballotpedia covered elections for seven U.S. House seats, governor and eight other state executive positions, all 35 state senate seats and 105 state house seats, five state supreme court seats, six intermediate appellate court seats, school boards in Jefferson and Mobile counties, and municipal positions in Jefferson County. In races where no candidate received a majority of the vote, the top two vote-getters will advance to a primary runoff election on July 17. The general election will be on November 6, 2018.
    • Despite crowded races in both the Democratic and Republican primaries for governor, neither party will need a runoff to determine its nomination. Gov. Kay Ivey won with 56 percent of the vote against four challengers in the Republican primary, and Tuscaloosa Mayor Walter Maddox won the six-way Democratic primary with 55 percent of the vote.
    • Alabama Supreme Court Chief Justice Lyn Stuart was defeated 52 to 48 percent in the Republican primary by a current associate justice on the court, Tom Parker.
    • Incumbent Attorney General Steve Marshall (R) received a 28 percent plurality of the vote in the Republican primary and will advance to a July 17 runoff alongside second-place finisher and former Attorney General Troy King (R).

California election review

  • California held its statewide top-two primary on Tuesday. Ballotpedia covered election for one U.S. Senate seat, 53 U.S. House seats, nine state executive offices, 20 state Senate seats, and all 80 state Assembly seats. Ballotpedia also covered elections in 11 counties, 11 cities, and five school districts. All candidates who advanced from the primary will compete in the general election on November 6.
    • California state legislative top-two primaries round-up:
      • Assemblymen Chad Mayes (R) and Devon Mathis (R) both appear to have advanced to the general election despite opposition from fellow Republicans over their support for Democrat-backed cap-and-trade legislation in 2017. The seat of another cap-and-trade supporter, Assemblyman Rocky Chavez (R), will likely flip in 2018 as two Democrats appear to have advanced to the general election after winning a combined 51 percent of the vote. Chavez unsuccessfully ran in the 49th Congressional District primary.
      • Results were mixed for Democratic California state legislators accused of sexual misconduct. Former state Sen. Tony Mendoza (D) does not appear to have advanced to the general election in his bid to reclaim his old seat. He resigned from the legislature earlier this year over sexual harassment charges but said he was unfairly pushed out. Assemblywoman Cristina Garcia (D) appears to have finished first in her primary despite opposition from the State Building and Construction Trades Council. Garcia was a national leader in the #MeToo movement before being accused of harassment herself by former staffers. She will face Republican Mike Simpfenderfer in the November in a district that is likely to remain Democratic.
      • California state Sen. Josh Newman (D) was recalled from his Orange County-based seat due to his support for increasing the state’s gas tax in April 2017. Newman will be replaced in the state Senate by former Assemblywoman Ling Ling Chang (R), ending Democrats’ two-thirds majority in the chamber. He was the first California state legislator to be successfully recalled since 1995.
    • In the top-two primary for governor, Lt. Gov. Gavin Newsom (D) took first place with 33 percent of the vote. The Republican Party of California avoided a potential shutout as businessman John Cox (R) defeated former Los Angeles Mayor Antonio Villaraigosa (D) for the second spot on November’s ballot, receiving 26 percent of the vote to Villaraigosa’s 14 percent.

Democrats retain seats in two California State Assembly special elections

  • Special general elections were held for the District 39 and District 45 seats of the California State Assembly on June 5. The field of candidates for both seats was narrowed to two in a special primary on April 3. In the District 39 race, Luz Maria Rivas (D) defeated Ricardo Benitez (R), and Jesse Gabriel (D) defeated Justin Clark (R) in the District 45 race.
  • The two seats became vacant when Raul Bocanegra (D) and Matt Dababneh (D) resigned following sexual misconduct allegations.
  • After Rivas and Gabriel are sworn in, the California State Assembly will have 55 Democratic members and 25 Republican members. A total of 10 state legislative seats have flipped party control as a result of special elections in 2018. Nine seats flipped from Republican control to Democratic control. One seat flipped from Democratic control to Republican control.

Iowa election review

  • Iowa held its statewide primary on Tuesday. Ballotpedia covered elections for four U.S. House seats, governor and six other state executive positions, 25 of 50 state senate seats, and all 100 state house seats. All candidates advancing from the primary will compete in the general election on November 6, 2018.
    • In a Democratic gubernatorial primary that was shaken up by the suspension of one of the top candidate’s campaigns on May 23rd, retired businessman Fred Hubbell (D) earned over 55% of the vote and the party’s nomination. Runner up Cathy Glasson (D), who campaigned as the “bold progressive” of the field of six candidates, received 20.5% of the vote.

Montana election review

  • Montana’s primary was on June 5. Ballotpedia covered elections for U.S. Congress, two seats on the state’s public service commission, the state legislature, and judgeships on the state supreme court. All candidates advancing from the primary will compete in the general election on November 6, 2018.

New Jersey election review

  • New Jersey held its statewide primary on Tuesday. Ballotpedia covered elections for one U.S. Senate seat, 12 U.S. House seats, and local elections in Essex County. All candidates advancing from the primary will compete in the general election on November 6, 2018.
    • In addition to its regular elections, special elections were held for New Jersey State Assembly Districts 15, 32, 34, and 36.
    • June 5 was also the filing deadline for independent candidates wishing to run in the November general elections.

New Mexico election review

  • New Mexico held its statewide primary on June 5. Ballotpedia covered elections for U.S. Congress, governor and eight other state executive offices, the state House, judgeships on the state court of appeals, and local elections in Bernalillo County. All candidates advancing from the primary will compete in the general election on November 6, 2018.

South Dakota election review

  • South Dakota’s primary was held on June 5. Ballotpedia covered elections for U.S. Congress, governor and seven other state executive offices, and the state legislature. All candidates advancing from the primary will compete in the general election on November 6, 2018.
    • U.S. Rep. Kristi Noem (R) won a closely contested Republican gubernatorial primary, defeating Attorney General Marty Jackley (R) and earning over 56% of the vote. Noem and Jackley were nearly even according to two polls released in the final weeks before election day, and both campaigns released negative television ads over the weekend. Noem will face Billie Sutton (D) in the general election.

Hawaii filing deadline

Massachusetts filing deadline

Minnesota filing deadline

  • In 2018, Ballotpedia will be covering Minnesota elections at the federal, state, and local levels. On the ballot will be 10 congressional seats, including one special U.S. Senate election, five state executive seats, a special election for the Minnesota State Senate District 13 seat, all 134 Minnesota House of Representative seats, five state supreme court seats, and six appellate court seats. Ballotpedia will also cover local municipal and judicial elections in Hennepin and Ramsey counties.
    • To appear on the primary ballot, candidates had to submit signature petitions or pay a filing fee. For example, candidates for state executive offices had to submit 2,000 signatures or pay a $300 filing fee. With the option of paying a filing fee, candidates can choose to enter races closer to the filing deadline than if they collected signatures.
    • This happened when Minnesota Attorney General Lori Swanson (D), who previously stated she would run for re-election, filed for governor on June 4. Democratic candidates Debra Hilstrom and Mike Rothman, who both withdrew from the attorney general race after Swanson’s re-election announcement, re-entered the race. U.S. Representative Keith Ellison (D) also entered the race, leaving Minnesota’s 5th Congressional District open. Eight Democratic candidates filed for the seat on June 5, including three current members of the state legislature.

Missouri special election review

  • A special election was held for District 17 of the Missouri State Senate on June 5. The seat became vacant on January 4, 2018, after Ryan Silvey (R) was appointed to the Missouri Public Service Commission. State representatives Lauren Arthur (D) and Kevin Corlew (R) faced off in the special election. Unofficial results showed Arthur winning with 59.7 percent of the vote. Silvey won re-election in 2016 with 61.3 percent of the vote. He was elected to the chamber in 2012 with 52.8 percent of the vote.
    • Missouri State Senate District 17 is the 10th seat to flip as a result of state legislative special election. Nine seats have flipped from Republican control to Democratic control, and one seat has flipped from Democratic control to Republican control.

Wednesday, June 6

North Carolina Gov. Roy Cooper vetoes fiscal year 2019 budget bill

  • Gov. Roy Cooper (D) vetoed Senate Bill 99. His veto message read: "I will not sign my name to a budget that protects corporations and the wealthy at the expense of schools and students. This budget falls short of what our teachers and public education need. North Carolinians will not stand for a secret, unchangeable budget born of a broken legislative process."
  • According to The News & Observer, the Republican-controlled General Assembly of North Carolina could override the governor's veto in a repeat of the 2017 legislative session. A joint statement from Senate Leader Phil Berger (R) and House Speaker Tim Moore (R) defended the $23.9 billion budget and said, "The people of North Carolina deserve better and they will get it when we override his veto."
  • Legislators and the governor disagreed on a corporate income tax that would have gone into effect in 2019. Cooper wanted to halt the tax cuts on individuals earning more than $200,000 and use the revenue for teacher raises. Legislators approved a final budget bill that kept the tax cuts intact. Cooper denied the legislature's nonpartisan Fiscal Research Division's projections that his budget proposal would lead to a $450 million deficit in several years. Instead, he said the tax cuts would have led to a deficit if they had gone into effect. Legislators also proposed aiding public charter school expansion and private school voucher programs, which Cooper opposed. The News & Observer reported that, despite the disagreements, the legislation included provisions that went further than the governor's suggestions, including raising the minimum wage to $15 per hour and giving bigger raises to corrections officers.
  • The General Assembly of North Carolina agreed to the $23.9 billion budget bill along party lines on June 1, 2018. The plan included proposed pay raises. All state workers would have received at least a 2 percent raise. Corrections officers would have received 4 percent more, teachers 6.5 percent more on average, and highway patrol troopers 8 percent more. The bill also proposed funds for prison security, school safety and construction, state economic development initiatives, a plan to study on contaminants in state rivers, and a 1 percent cost-of-living adjustment for retired state employees.
  • Democrats accused Republicans of blocking amendments that would prevent upcoming tax breaks, create restrictions on firearms, and provide more funds to address emerging contaminants. Democrats were also unsatisfied with provisions to stop a light rail project for Orange and Durham counties and to delay implementation of revised water quality rules in Jordan Lake and Falls Lake watersheds.
  • House Speaker Tim Moore (R) defended the budget, "We've actually made a huge, consistent investment in education,. A substantial raise for teachers, 6.5 percent. ... Roughly a $3,100 average raise for principals. Making schools safer. ... Our state employees are saying this is a great budget. It takes the people at the lowest pay tier and makes sure they get a substantial raise."
  • Democrats criticized Republicans for conducting a closed-door process to pass the legislation. Rep. Billy Richardson (D) said in a speech, "It is so important that when we yield power, and our founding fathers taught us this, that we do so inclusively." Sen. Jeff Jackson (D) called on Republicans to have an open process: "You can't do it," he said. "You can't do it because the truth is it's a political calculation. You're betting that you'll pay less of a political price by eliminating any real budget process than you'd pay by actually going through that process, and you might be right."
  • Click here for more information about the conflicts between Gov. Cooper and the state Legislature.

U.S. Rep. Sean Patrick Maloney (D) announces run for New York Attorney General

  • U.S. Rep. Sean Patrick Maloney (D) is joining New York City Public Advocate Tish James in the New York Attorney General Democratic primary. The race heated up in the last month after incumbent Eric Schneiderman (D) resigned over sexual assault allegations and James entered the race to replace him with the support of prominent New York Democrats like Gov. Andrew Cuomo, U.S. Rep. Joe Crowley, and New York City Council Speaker Corey Johnson. James was endorsed by delegates at the state party convention in late May. She beat out two other declared candidates, Zephyr Teachout and Leecia Eves, with 85 percent of the vote.
  • Maloney said he was running in order to “get on offense” against the Trump administration. Before his resignation, Schneiderman’s office had challenged several Trump administration policies, including the rescinding of DACA and the travel ban on majority-Muslim countries, and pursued investigations of Trump University and the Donald J. Trump Foundation.
  • Maloney said he was unsure if he would continue running for his seat in the U.S. House and that he might make the decision after the Democratic primary for attorney general on September 13. The U.S. House primaries in New York are June 26. Trump won his district by 2 percentage points in 2016, making it a potentially competitive seat if Maloney wins the attorney general nomination.
  • Immediately after Schneiderman’s resignation, New York Solicitor General Barbara Underwood became the state’s attorney general. She was confirmed by the state legislature in a nearly unanimous vote to fill out the rest of Schneiderman’s term, becoming the first woman to hold the position. She said she was not interested in running for the full term.

Michigan State Legislature approves indirect initiative to repeal prevailing wage law

  • The Michigan State Legislature acted on an indirect initiative to repeal the state law requiring that workers be paid prevailing wages and fringe benefits on state projects. Once signatures are certified for an indirect ballot initiative in Michigan, the state legislature has 40 days to adopt or take no action on a proposal. The committee Protecting Michigan Taxpayers collected an estimated 268,403 valid signatures for the initiative, spending about $5.08 per required signature. The legislature received the indirect initiative on June 1, 2018.
  • According to Jeff Wiggins, president of Protecting Michigan Taxpayers, the goal of proponents was to have the state legislature vote on and approve the ballot initiative, rather than having voters decide the initiative on November 6, 2018. Wiggins said, "We are confident state lawmakers will do what is best for Michigan taxpayers and eliminate this costly carve-out.” He also stated that he was "very confident we have the votes.” As of 2018, Republicans controlled both the state Senate and state House.
  • On June 6, 2018, the legislature enacted the initiative, keeping the proposal off the ballot. In the state House, the vote was 56 to 53. In the state Senate, the vote was 23 to 14. Most legislative Republicans supported the initiative. Seven Republicans in the state House joined Democrats in opposing the proposal. Four Republicans in the state Senate joined Democrats in opposing the proposal. Gov. Rick Snyder (R) opposed repealing the prevailing wage law. Unlike a bill, however, an indirect initiative is veto-proof in Michigan, meaning Gov. Snyder could not veto the initiative.
  • Protect Michigan Jobs, also known as Michigan Prevails, led the campaign in opposition to the initiative to repeal the prevailing wage law. Opponents do not have the option to file a veto referendum against the legislature-approved initiative because the initiative contained an appropriation of $75,000. In Michigan, veto referendums cannot be filed against laws that contain appropriations.
  • The last time that the Michigan State Legislature approved an indirect initiative, rather than allowing the time to lapse for the initiative to go before voters, was in 2014, when legislators approved an initiative to empower the state Natural Resource Commission to be the sole designator of what animals are listed as game species and can be hunted.

Delaware State Senate approves state Equal Rights Amendment

  • The Delaware State Senate approved an Equal Rights Amendment for the state constitution. The amendment would prohibit state and local governments from discriminating based on sex. An earlier version of the bill failed in the state Senate due to Republican concerns of unintended consequences. The Senate first approved new language clarifying the bill's intent before voting unanimously in favor of the amendment.
  • The legislation was sent to the state House for consideration. Should it pass the state House, the amendment would need to be approved by both chambers in the 2019 legislative session in order to change the state constitution.

Federal judge rules in favor of Philadelphia in case involving sanctuary cities

  • Judge Michael Baylson of the Eastern District of Pennsylvania ruled for Philadelphia in a case involving federal grants and the city of Philadelphia.
  • Background: The U.S. Department of Justice provides localities with Edward Byrne Memorial Justice Assistance Grants (JAG) for law enforcement and criminal justice purposes. Localities are required to allow local law enforcement to communicate with federal immigration officers in order to receive grants. On July 25th, 2017, the Department of Justice announced two new conditions on JAG funding: 1) grantees must honor requests from federal immigration officials to give 48-hour notice of the release of certain detainees and (2) grantees must grant federal immigration officials access to local jails and prisons to interrogate prisoners. In announcing the new requirements, Attorney General Jeff Sessions said local jurisdictions needed to partner more closely with federal immigration authorities as part of the Justice Department’s strategies to reduce violent crime. The government justified withholding the funds from Philadelphia based on these criteria.
  • On November 15, 2017, Judge Baylson issued a memorandum opinion and order granting a motion for a preliminary injunction that prevented the federal government from denying federal funds to the city. Judge Baylson rejected the government’s argument for withholding the funds, holding that Philadelphia was “likely to succeed in its claims that the Department of Justice’s conditions are improper under settled principles of the Spending Clause, the Tenth Amendment, and principles of federalism.”
  • On June 6, Judge Baylson ruled for Philadelphia, saying that the city was entitled to receive prompt JAG funds and that the Trump administration's attempt to withhold federal funds from the city "violates statutory and constitutional law."
  • A spokesman for the Department of Justice, Devin O'Malley, said Baylson's decision was "a victory for criminal aliens in Philadelphia, who can continue to commit crimes in the city knowing that its leadership will protect them from federal immigration officers whose job it is to hold them accountable and remove them from the country." Miriam Enriquez, head of the city Office of Immigrant Affairs, said the ruling "should reaffirm to our immigrant communities that we are glad you are here, we want you here, we will always fight to ensure that Philadelphia remains a welcoming city to all."
  • Click here for more information about sanctuary cities.

Thursday, June 7

Patrick Murphy (D) passes on Florida gubernatorial race; endorses Gwen Graham

  • Former U.S. Rep. Patrick Murphy (D) announced he would not run in the 2018 Florida gubernatorial election. Instead, he endorsed former U.S. Rep. Gwen Graham (D). Murphy had been considering tapping former U.S. Rep. David Jolly, a Republican critical of Donald Trump, as his lieutenant gubernatorial running mate.
  • Besides Graham, Democrats seeking the position include former Miami Beach Mayor Philip Levine, Tallahassee Mayor Andrew Gillum, and businessmen Jeff Greene and Chris King. The winner will face either U.S. Rep. Ron DeSantis (R) or Agriculture Commissioner Adam Putnam (R).

Michigan Legislature sends Medicaid work requirement plan to governor

  • The Michigan State Legislature sent Senate Bill 897 to Gov. Rick Snyder (R). SB 897 would mandate the state to seek authorization from the federal government to require Medicaid recipients between the ages of 18 and 62 to show the state government that they participated in work, school, job training, or substance abuse treatment, for an average of 80 hours per month. Recipients who fail to reach the 80-hour per month average for three months in a 12-month period would lose coverage for at least one month and would not be allowed to reenroll until becoming compliant. Pregnant women, individuals with disabilities or medical conditions, caretakers, and unemployment recipients would be exempt from the requirements. If signed, the law would go into effect on January 1, 2020.
  • A fiscal analysis from the House Fiscal Agency estimated that of the 670,000 Medicaid recipients at the time of the bill's passage, 130,000 (20 percent) would be exempt, leaving 540,000 recipients who would need to comply with the work requirements. The agency estimated that of the 540,000 non-exempt recipients, between 5 and 10 percent (27,000 to 54,000) would lose coverage.
  • Bill sponsor Sen. Mike Shirkey (R) said the goal of the bill was "not to reduce costs. It was to find more workers. Our employers across the state don't have enough workers." Rep. Yousef Rabhi (D) had a different view: "Medicaid is not a jobs program. It is not a work program. It is a health care program. It is cruel and unusual in my opinion for an institution like this to be stripping health care from an estimated thousands of Michigan residents."
  • According to ABC News, the Trump administration had approved similar measures in Kentucky, Indiana, Arkansas, and New Hampshire, and was considering applications from seven other states, at the time of SB 897's passage.

Massachusetts State Senate approves extreme risk protection order legislation

  • The Massachusetts State Senate approved H 4539. The bill would allow a family or household member to petition a District Court judge to issue an extreme risk protection order, which would suspend an individual's license to carry firearms and confiscate their weapons, if the family/household member believed the individual posed a threat to themselves or another person. The judge would be required to hold a hearing within 10 days, at which point an argument could be made to extend the order for up to one year. Rulings could be appealed through the appeals process. The legislation included penalties for violating an extreme risk protection order and for filing false statements.
  • The House passed its own version on May 23. The Senate added amendments, including one provision saying the individuals involved would be provided with information for mental health treatment and counseling and another making the order effective immediately, rather than after a 24-hour period. The bill was sent back to the House to negotiate a compromise bill.
  • The Gun Owners Action League (GOAL) opposed the bill, saying it had "due process problems." Bill sponsor Sen. Cynthia Stone Creem (D) said, "We're not changing the 2nd Amendment, we're not doing anything drastic. All we're doing is making restrictions on those that should not be using guns."
  • According to MassLive.com, similar laws had been passed in five states at the time of H 4539's passage.

New Jersey Legislature sends six firearm-related bills to governor's desk

  • The New Jersey Legislature sent six firearm-related bills to Democratic Gov. Phil Murphy's desk. Murphy posted on Twitter that he planned to sign the bills on June 13: "Today, New Jersey passed sweeping gun safety legislation, including measures to expand background checks, reduce magazine capacity, and keep firearms out of the wrong hands. On Wednesday, I'll sign these bills into law, establishing some of the toughest gun laws in the nation."
  • The bills passed the state Assembly on March 26.
    • A 1181 would authorize law enforcement officers to confiscate firearms from individuals determined by a licensed healthcare professional to pose a risk to themselves or others. It passed 62-7 in the state Assembly and 30-5 in the state Senate.
    • A 1217 would establish protocols for issuing extreme risk protection orders, in which individuals can petition a judge to issue an order seizing firearms from individuals deemed to be a threat to themselves or others. It passed the state Assembly 59-12 and the state Senate 32-5.
    • A 2758 would require state residents to demonstrate a justifiable need to carry a handgun and would provide a legal definition of a justifiable need. It passed 48-26 in the state Assembly and 24-13 in the state Senate.
    • A 2757 would require all firearm sales, with select exceptions, to be conducted through a licensed dealer and would require the dealer to conduct a background check. It passed 62-10 in the state Assembly and 31-3 in the state Senate.
    • A 2759 would prohibit the possession of armor-piercing ammunition. It passed unanimously in both chambers.
    • A 2761 would prohibit firearm magazines that hold more than 10 rounds. It passed 48-25 in the state Assembly and 23-13 in the state Senate.
  • The Senate also voted on S 2465, which would prohibit guns assembled with untraceable components. It was sent to the state Assembly for consideration.

Friday, June 8

LePage administration appeals Maine judge's order to implement Medicaid expansion

  • The administration of Gov. Paul LePage (R) appealed to the Maine Supreme Judicial Court a judge's order that the state proceed with implementation of Medicaid expansion as approved by voters via a 2017 ballot initiative. The terms of the initiative require the state government to provide Medicaid to persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line. However, LePage maintains that his administration cannot enforce expansion provisions until the legislature appropriated funds for that purpose. Superior Court Judge Michaela Murphy disagreed, writing the following in her order issued June 4: "The court is not persuaded that the executive branch is excused from clear statutory obligations by the Legislature's failure to follow through with legislative obligations, as defined by the executive branch. The court concludes that the [health and human services] commissioner's complete failure to act cannot be considered substantial compliance [with the ballot initiative]."

Special Elections

As of this week, 78 state legislative special elections have been scheduled or held in 25 states. Elections have been held for 18 Democratic seats and 40 Republican seats. Nine seats have flipped from Republican control to Democratic control. One seat has flipped from Democratic control to Republican control. In special elections between 2011 and 2017, one party (either Republicans or Democrats) saw an average net gain of four seats across the country each year.

  • An average of 90 seats were filled through special elections in each of the past three odd years (2013: 84, 2015: 88, 2017: 98).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

June 12

Local Politics: The Week in Review

Elections Update

Tuesday, June 5

Minnesota filing deadline

  • In 2018, Ballotpedia will be covering Minnesota elections at the federal, state, and local levels. On the ballot will be 10 congressional seats, including one special U.S. Senate election, five state executive seats, a special election for the Minnesota State Senate District 13 seat, all 134 Minnesota House of Representative seats, five state supreme court seats, and six appellate court seats. Ballotpedia will also cover local municipal and judicial elections in Hennepin and Ramsey counties.

New Jersey election review

  • New Jersey held its statewide primary on Tuesday. Ballotpedia covered elections for one U.S. Senate seat, 12 U.S. House seats, and local elections for sheriff and county executive in Essex County. Incumbents Armando Fontoura (D) and Joseph DiVencenzo Jr. (D) both won their party nominations in the Essex County primaries and face one Republican challenger each in the general on November 6, 2018.
    • June 5 was also the filing deadline for independent candidates wishing to run in the November general elections.

California election review

  • California held its statewide top-two primary on Tuesday. Ballotpedia covered election for one U.S. Senate seat, 53 U.S. House seats, nine state executive offices, 20 state Senate seats, and all 80 state Assembly seats. Ballotpedia also covered elections in 11 counties, 11 cities, and five school districts. All candidates who advanced from the primary will compete in the general election on November 6.
    • Santa Clara County Superior Court Judge Aaron Persky was recalled for his 2016 decision to sentence Stanford student Brock Turner to six months in jail after he was convicted of sexual assault. Attorney Cindy Seeley Hendrickson was selected as his replacement.
    • Progressives claimed a 6-5 majority on the San Francisco Board of Supervisors with progressive Rafael Mandelman’s defeat of moderate incumbent Jeff Sheehy in a special election for District 8.
    • A recall election seeking to remove Joseph Barragan from his position as the nonpartisan Trustee Area 2 representative on the Alvord Unified School District Board of Education in California was approved by voters on June 5. Lizeth Vega was elected to replace him.
    • Two of the five seats on the San Diego Unified School District school board in California were up for primary on June 5. District B incumbent Kevin Beiser and District C incumbent Michael McQuary, who are both Democrats and supported by the American Federation of Teachers, were the only candidates to file to run in the election as regular candidates, but they both ended up facing challengers after two write-in candidates were certified to run a week before the election. Tom Keliinoi ran against Beiser, and Marcia Nordstrom ran against McQuary. Both write-in candidates are supported by Republicans. Because the district’s primary process sends the top two candidates who receive the most votes in the primary to the general election, the four candidates will again face each other on November 6.
    • Voters decided 155 local measures on June 5. As of June 8, Ballotpedia had called 98 measures as approved, 29 measures as defeated, and had not yet called 28 races.
      • San Francisco voters approved five measures and defeated two. One measure, a tax proposal for commercial rent, was ahead by a margin of 50.31 percent to 49.69 percent as of June 8.
      • Regional Measure 3, which was on the ballot for voters in nine counties in the Bay Area, was approved. It was designed to raise bridge tolls in the Bay Area—excluding tolls for the Golden Gate Bridge—by $3 over six years to fund the Bay Area Traffic Relief Plan, including a $4.5 billion slate of transportation projects. Voters in Alameda, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma counties approved it, and voters in Contra Costa and Solano counties rejected it.
      • Read about other measures here.

Alabama election review

  • Alabama held its statewide primary on Tuesday. Ballotpedia covered elections for seven U.S. House seats, governor and eight other state executive positions, all 35 state senate seats and 105 state house seats, five state supreme court seats, six intermediate appellate court seats, school boards in Jefferson and Mobile counties, and municipal positions in Jefferson County. In races where no candidate received a majority of the vote, the top two vote-getters will advance to a primary runoff election on July 17. The general election will be on November 6, 2018.
    • In Jefferson County, five seats on the county commission, district attorney, sheriff, two circuit court clerks, and 19 local judgeships were on the ballot. Two seats are up for election on both the Mobile County and Jefferson County school boards.

Massachusetts filing deadline


Friday, June 8

St. Louis filing deadline

  • The filing deadline for candidates running in municipal elections in St. Louis, Missouri, passed on June 8. Elections are being held for collector of revenue, license collector, recorder of deeds, and clerk of the circuit court. The primary election is on August 7, 2018, and the general election is on November 6, 2018.
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, June 12

Maine primary preview

  • Maine’s statewide primary will be held on Tuesday, June 12. One U.S. Senate seat, two U.S. House seats, and the office of governor will be on the primary ballot. Winners of their party nomination in the primaries advance to the general election on November 6, 2018.
    • Sitting Gov. Paul LePage (R) is prevented by term limits from seeking election to a third term in 2018, leaving the seat open. Of the past 10 gubernatorial elections in Maine, five have resulted in the seat changing hands. The last time a Maine gubernatorial election was won by a candidate who shares a party with the outgoing incumbent was in 1952. 20 candidates have declared their intention to seek the seat, including seven Democrats, four Republicans, one Libertarian, two members of the Green Party, and six independent candidates. The election was named by Politico as one of the top 10 gubernatorial races to watch in 2018. For more on this story, please click here.

Nevada primary preview

North Dakota primary preview

South Carolina primary preview

  • South Carolina’s statewide primary will be held on Tuesday, June 12. Seven U.S. House seats, seven state executive offices, and 124 state house seats will be on the primary ballot. Primary runoff elections will follow on June 26 for all races in which a candidate does not receive a majority of the primary vote. The general election takes place on November 6, 2018.

Wisconsin special state legislative elections

  • Two Wisconsin state legislative special elections are up for election. A primary was held on May 15, 2018. Wisconsin State Senate District 1 and Wisconsin State Assembly District 42 were both vacated on December 29, 2017, after the previous officeholders were appointed to new positions. Both districts intersect with one or more Pivot Counties.
    • Caleb Frostman (D) and André Jacque (R) will face off in the State Senate District 1 special election. In the State Assembly District 42 special election, Ann Groves Lloyd (D), Jon Plumer (R), and Gene Rubinstein (independent) will compete for the partial term.
    • The special elections were called after the National Democratic Redistricting Committee sued Gov. Scott Walker (R) for not calling a special election in 2018 to fill the two seats. A circuit court judge ruled that the state should hold the elections.
  • Three Wisconsin legislative special elections were held earlier this year, resulting in a single flipped seat in the Wisconsin State Senate. Wisconsin is currently one of 26 Republican trifectas: Walker holds the governor’s office and Republicans have an 18-14 majority in the state senate and a 63-35 majority in the state assembly.

Candidate filing deadline in Connecticut

Friday, June 15

Democratic Party convention to be held in South Dakota

  • Democrats in South Dakota will hold their state party convention from June 15 through June 16. At the convention, party members will nominate state executive candidates for the November 6 general election ballot. Candidates will be nominated for the following offices: lieutenant governor, attorney general, secretary of state, treasurer, auditor, public lands commissioner, and public utilities commissioner.
    • Republicans will hold their state convention from June 20 to June 23. The state Constitution Party will hold its convention on July 14. Libertarians held their convention on April 14.

Candidate filing deadline in New Hampshire

  • The filing deadline will pass to run in New Hampshire statewide elections. The primary election will be held on September 11, 2018, and the general election will be held on November 6, 2018. Two U.S. House seats, governor and state executive council members, all 24 state senate seats, and all 400 state house seats are up for election in 2018.
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Local Politics: What's On Tap Next Week

Tuesday, June 12

Nevada primary preview

Newark City Council runoff election preview

  • Three seats on the Newark City Council head to runoff elections on Tuesday after no candidate received a majority of the vote in the general election on May 8, 2018. Candidates for the East, West, and Central Wards are hoping to clinch victories in the nonpartisan races. If Mayor Ras Baraka -backed candidates Augusto Amador (I-East Ward), LaMonica Mciver (Central Ward), and Joseph McCullum (I-West Ward) win the three seats, all nine city council members will have been endorsed by Baraka in the current election cycle. Following the general election, state senate president pro tempore Teresa Ruiz (D-Newark) publicly backed Baraka’s candidates in the runoff elections.
    • Baraka-backed candidates also took the Newark Public Schools elections held earlier in the year on April 17. The Moving Newark School Forward slate claimed three of the nine seats on the Newark Public Schools Board of Education, marking the eighth consecutive election where a slate endorsed by the mayor won, leaving the board fully-comprised of Baraka-backed candidates.

Virginia Beach filing deadline

  • The filing deadline for candidates running in municipal and school board elections in Virginia Beach, Virginia, is June 12. Six seats on the Virginia Beach school board are up for election. Six seats on the city council are up for election. A special election is being held for mayor after the resignation of Will Sessoms on April 30. The general election will be held on November 6, 2018.

San Francisco Board of Supervisors filing deadline is June 12

  • The filing deadline for the San Francisco Board of Supervisors general election in California is June 12. The District 2, 4, 6, 8, and 10 seats will be up for election on November 6. A special election for the District 8 seat was held on June 5. Progressive Rafael Mandelman defeated moderate incumbent Jeff Sheehy in that election, which gave progressives a 6-5 majority on the board.


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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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