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The State and Local Tap: Is your rent too damn high? Californians may vote on rent control initiatives

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April 27, 2018Issue No. 110

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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:

  • Eighty-two (82) measures are certified to appear on statewide ballots in 26 states in 2018 so far—18 citizen-initiated measures, 55 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.
    • Three new measures were certified for 2018 ballots over the last week.
    • By this time in 2014, 99 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 96 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
    • The average number of certifications by the 17th week of the year from 2010 through 2016 was 103, and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for nine additional citizen-initiated measures have been submitted and are pending verification in California, Michigan, and Utah. To see this list, click here.
    • In Alaska, Massachusetts, and Michigan enough signatures were submitted and verified for eight indirect initiatives (one of which has two versions) to put them before the state legislatures during the 2018 session and then on the ballot if the legislatures don’t approve them (provided a second, smaller round of signatures is collected for the Massachusetts initiatives). To see this list of initiatives currently pending legislative consideration, click here.
    • The latest general signature submission deadline was on April 16, 2018, for initiatives in Utah.
    • The next general initiative signature deadlines are on May 1, 2018, for initiatives in Idaho and on May 6, 2018, for initiatives in Missouri.
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Monday, April 23

Signatures filed for 2018 ballot initiative to allow local rent control in California

  • Californians could vote on an initiative to repeal the law prohibiting rent control on November 6, 2018. The Coalition for Affordable Housing, a PAC registered to support the initiative, announced that more than 565,000 signatures were submitted. A total of 365,880 signatures need to be valid—64.8 percent of those submitted—for the initiative to make the ballot. Compared to the 15 ballot initiatives certified for the ballot in California in 2016, a 64.8 percent validation requirement is four percentage points above the average for an initiative to make the ballot (however, the range for certified initiatives in 2016 was 58.1 to 67.4 percent).
  • The measure would allow local governments to adopt amendments, ordinances, or regulations to govern how much landlords can charge tenants for renting apartments and houses. The measure would also repeal the Costa-Hawkins Rental Housing Act (CHRHA). Passed in 1995, the CHRHA prohibited local governments from enacting rent control on housing first occupied after February 1, 1995, and single-family homes and other units where the title is separate from connected units (such as condominiums and townhouses).
  • The Coalition for Affordable Housing PAC, as of April 23, 2018, had received 99.99 percent of funds from the AIDS Healthcare Foundation (AHF). The PAC had raised $2.05 million. AHF was behind California Proposition 60, which would have required condoms in pornographic films, and California Proposition 61, which would have required the state to purchase prescription drugs at prices no higher than what the U.S. Department of Veterans Affairs pays for them, in 2016. AHF also backed Ohio Issue 2 in 2017, which was similar to Proposition 61.
  • On April 23, Eric Garcetti (D), mayor of Los Angeles, endorsed the ballot initiative. Mayor Garcetti opposed the last AHF-backed initiative in California—Los Angeles Measure S. Measure S also addressed the issue of housing and would have imposed a moratorium on construction that required zoning changes to increase building density for up to two years. Over 70 percent of voters rejected Measure S.
  • The California Apartment Association organized a PAC called Californians for Responsible Housing to oppose the ballot initiative. The PAC had raised $3.70 million—$1.65 million more than supporters—with 59 percent of contributions from Essex Property Trust, Inc., and Affiliated Entities.
  • Housing could be a marquee ballot measure issue in California in 2018. Voters will also consider a $4 billion bond measure, which would be spent on housing programs, that the state legislature put on the ballot. Counties are also in the process of verifying signatures for a ballot initiative to allow seniors and severely disabled persons to transfer their tax assessments from a prior house to a new house. The legislature is also working on a constitutional amendment to allow persons with severely disabled children to transfer their tax assessments.
  • California does not have a signature deadline to file signatures for the November 2018 election. However, the secretary of state needs to verify signatures by June 28, 2018, for initiatives to make the next general election ballot. The secretary of state issued a recommended deadline of April 24, 2018, to give counties and the state enough time to verify signatures before the deadline on June 28.

Measure authorizing Hawaii legislature to enact residential investment property surcharge certified for statewide ballot

  • The Hawaii Surcharge on Residential Investment Properties to Fund Public Education Amendment was certified for the ballot. The measure would empower the Hawaii State Legislature to enact a surcharge on residential investment properties, with revenue from the surcharge earmarked for public education.
  • In Hawaii, a constitutional amendment can be placed on the ballot through a two-thirds vote in each chamber of the Hawaii State Legislature during one legislative session. The amendment was introduced to the legislature as Senate Bill 2922 on January 24, 2018, and passed in the Senate on March 6, 2018. The amendment would have applied the surcharge to residential investment properties valued at $1 million or more. On April 10, 2018, the state House approved an amended version of SB 2922, removing language regarding the value of residential investment properties. Instead, the amendment would allow the state legislature to determine the surcharge's amount and to what residential investment properties the surcharge would be applied. SB 2922 received the unanimous approval of the state House. On April 23, 2018, the state Senate gave final approval to the amended version of SB 2922, voting 23 to 1 with one member excused.
  • Historical facts:
    • A total of 35 measures appeared on statewide ballots between 1995 and 2016.
    • From 1995 to 2016, an average of three measures appeared on ballots during even-numbered years in Hawaii.
    • The number of measures appearing on statewide ballots between 1995 and 2016 ranged from two to five.
    • Between 1995 and 2016, 66 percent (23 of 35) of statewide ballots were approved by voters, and 34 percent (12 of 35) were defeated.

Medical marijuana bill passes in Missouri State House

  • The Missouri House of Representatives approved House Bill 1554. The measure would allow medical marijuana to be available to eligible patients with a terminal illness, including but not limited to cancer, glaucoma, HIV, amyotrophic lateral sclerosis (ALS), and epilepsy. Patients would be authorized to possess up to 20 ounces of smokeless medical marijuana. Preventing an eligible patient from accessing medical marijuana would be a class A misdemeanor.
  • The House must vote a second time before sending HB 1554 to the Missouri State Senate.

Tuesday, April 24

SCOTUS hears oral argument in Texas redistricting case

  • The Supreme Court of the United States heard oral argument in Abbott v. Perez, a case involving allegations of unconstitutional racial gerrymandering in Texas' congressional and state legislative district maps. Texas' district maps have been the subject of litigation since 2011. In November 2011, the United States District Court for the Western District of Texas ordered that interim maps, drawn by the court, apply to the 2012 election (Texas had failed to obtain preclearance of the redistricting plans from the federal government as required by the Voting Rights Act at the time). In January 2012, the Supreme Court of the United States struck down this order, finding that the lower court had exceeded its authority. In February 2012, the district court issued new interim maps, which were used in the 2012 election. In June 2013, the state legislature enacted new district maps. In March and April 2017, the district court ruled that the original 2011 maps for congressional and state legislative districts had been drawn with the intent to dilute the voting strength of racial minority groups, a violation of federal law. This ruling did not apply to the 2013 maps, which are the focus of the case presently before the Supreme Court. The maps' opponents alleged that the 2013 maps, like the original maps, represented an unconstitutional racial gerrymander. State officials denied this, maintaining that the remedial maps were substantially the same as those issued by the court in 2012.
  • In August 2017, a three-judge panel of the federal district court issued unanimous decisions finding that the following congressional and state legislative district maps had been drawn with racially discriminatory intent on the part of the state legislature: congressional districts 27 and 35 state House districts 32, 34, 54, 55, 90, 93, 103, 104, and 105. Ken Paxton (R), Texas' attorney general, appealed these decisions to the Supreme Court, requesting a stay against the district court's rulings pending full review of the case. Associate Justice Samuel Alito granted Paxton's request, granting a temporary stay against the rulings pending full review by the court. On September 12, 2017, the court voted 5-4 to implement a full stay. On January 12, 2018, the court announced that it would hear oral argument in the case.
    • Abbot v. Perez is the third major redistricting case that the Supreme Court has taken up this term. The other two, Gill v. Whitford and Benisek v. Lamone, involve allegations of partisan gerrymandering.

Candidate filing deadline in Michigan

  • In November 2018, Ballotpedia will cover a total of 262 seats in Michigan elections at the federal, state, and local levels. The filing deadline for 251 of those seats was on April 24 and applies to candidates for U.S. Senate and House of Representatives, state executive offices including governor, Michigan State Senate and House of Representatives, state and local judicial positions, and county positions. Also on the ballot are special elections for Michigan's 13th Congressional District, most recently held by John Conyers Jr., and special elections in Michigan State Senate District 2 and Michigan House of Representatives District 68. School board candidates, Wayne County Community College Trustees, and Supreme Court incumbents have later filing deadlines. Independent candidates have until July 19, 2018, to file for the general election. Michigan has the 34th statewide filing deadline in 2018.
    • Eight Democratic candidates and no Republican candidates filed for the Michigan's 13th Congressional District special election. Similarly, the Michigan State Senate District 2 special election drew eight Democratic candidates and no Republican candidates. Six total candidates filed for the special election in Michigan House of Representatives District 68: five Democratic candidates and one Republican candidate. The primary and general election for all three special elections are scheduled for the same dates as the statewide regular elections.
    • Primaries will be held August 7, 2018, and the general election will take place on November 6, 2018.

Democrats win New York Senate special elections, but Republicans will hold chamber

  • Shelley Mayer (D) beat Julie Killian (R) in the special election for New York State Senate District 37. However, state Sen. Simcha Felder (D) will continue caucusing with Republicans, dashing Democratic hopes of reclaiming control of the state Senate and gaining a trifecta in New York ahead of the 2018 elections.
  • Felder previously signaled that he might join the Democratic caucus if Mayer won in District 37 and Luis Sepulveda (D) held the more-safely Democratic District 32 (which he did). Earlier this month, eight members of the Independent Democratic Conference who caucused with Republicans rejoined the Democratic caucus, giving them a 32-31 numerical majority once Mayer and Sepulveda are sworn in. Felder’s continued alliance with Republicans will give the GOP effective control, though, and it will prevent the state from becoming a Democratic trifecta ahead of the November 2018 general elections.
  • Other results from New York’s 11 state legislative special elections Tuesday night included a Democratic pick-up in Assembly District 10. Unofficial results in Assembly Districts 102 and 107 showed Republicans narrowly holding the seats.

Louisiana Senate approves bill banning abortions after 15 weeks

  • The Louisiana State Senate voted 31 to 3 on Senate Bill 181, which would restrict abortions after 15 weeks, down from 20 weeks under Louisiana law at the time. The bill would not go into effect unless a federal court approves a similar policy in Mississippi which is currently facing legal challenges.
  • The bill was sent to the Republican-controlled state House for consideration.

Oregon governor calls for special session on May 21

  • Gov. Kate Brown (D) called for a one-day special session on May 21 to discuss whether sole proprietorships should be allowed to qualify for small business tax breaks.
  • Brown said including sole proprietorships would balance an earlier measure she approved that would prevent business owners from obtaining two tax deductions, one from the federal government and one from the state.
  • Republican lawmakers, such as Senate GOP minority leader Jackie Winters, said the need to discuss a new tax break was the fault of the governor and Democratic Party. Winters added that Republicans would try to ensure that as many businesses as possible benefited from Brown's plan.
  • A one-day special session would require a supermajority vote to suspend normal operating procedures.

Michigan State House approves $56.7 billion budget plan

  • The Michigan House of Representatives approved two measures making up a $56.7 billion budget plan.
  • According to The Associated Press, the House plan would increase base per-student education funding from $120 to $240 and would raise higher education funding by 1 percent. It would also include a provision in which public universities that fail to meet requirements related to sexual discrimination would lose 10 percent of operations funding.
  • The budget would provide historic funding levels for roads, workforce development, and school safety, but would decrease overall general fund spending.

Brad Levin sues to appear on Colorado Attorney General ballot

  • Attorney Brad Levin (D) filed suit against the Colorado secretary of state Tuesday, challenging his elimination from the race to succeed Attorney General Cynthia Coffman (R).
  • In order to appear on the June 26 primary ballot, candidates for statewide office in Colorado are required to submit petitions with the signatures of 1,500 registered party members from each of the state’s seven congressional districts or receive at least 30 percent of the vote at their party’s state assembly.
  • The secretary of state announced Tuesday that it had rejected 7,017 of Levin’s 15,996 signatures. The Levin campaign says that some of the rejected signatures should not have been rejected and had not been properly scanned. The secretary of state’s office also said that some of the signatures were from independent voters rather than registered Democrats, in violation of a provision of state law Levin has challenged in the past.
  • A hearing on Levin’s case is scheduled for May 2. Should the court rule in Levin’s favor, he will join former University of Colorado Law School Dean Phil Weiser (D) and state Rep. Joe Salazar (D) on the primary ballot. A fourth candidate, prosecutor Amy Padden (D), suspended her campaign Tuesday and endorsed Weiser.
  • The winner of the Democratic primary will face District Attorney George Brauchler (R), the only Republican to file for the seat.

Wednesday, April 25

Eleventh Circuit stays federal district court order requiring changes to Florida's felon voting rights restoration process

  • The United States Court of Appeals for the 11th Circuit voted 2-1 to stay a federal judge's order implementing a permanent injunction against Florida's felon voting rights restoration system. The decision comes after Judge Mark E. Walker, of the United States District Court for the Northern District of Florida, ruled that Florida's felon voting rights restoration process violates the United States Constitution. On February 1, 2018, Walker issued his initial ruling on the matter, writing, "In Florida, elected, partisan officials have extraordinary authority to grant or withhold the right to vote from hundreds of thousands of people without any constraints, guidelines, or standards. The question now is whether such a system passes constitutional muster. It does not." On March 27, 2018, Walker issued a permanent injunction against the state's existing felon enfranchisement process and ordered state officials to "promulgate specific and neutral criteria to direct vote-restoration decisions" by April 26, 2018. On April 6, 2018, Governor Rick Scott (R) and the other members of Florida's Executive Clemency Board (Pam Bondi, Adam Putnam, and Jimmy Patronis) petitioned the Eleventh Circuit for a stay of Walker's decision pending appeal.
    • In the April 25 order, Judge Stanley Marcus wrote, "We are satisfied that the State Executive Clemency Board has made a sufficient showing ... to warrant a stay, and, accordingly, we stay the district court’s entry of injunctive relief until this appeal is resolved by a panel of the Court. The Fourteenth Amendment expressly empowers the states to abridge a convicted felon’s right to vote. Binding precedent holds that the Governor has broad discretion to grant and deny clemency, even when the applicable regime lacks any standards. And although a reenfranchisement scheme could violate equal protection if it had both the purpose and effect of invidious discrimination, appellees have not alleged -- let alone established as undisputed facts -- that Florida’s scheme has a discriminatory purpose or effect. And the First Amendment provides no additional protection of the right to vote."
    • Judge William Pryor joined in the opinion penned by Marcus. Judge Beverly Martin wrote the following in an opinion that concurred in part and dissented in part: "I don't believe the defendants have met their burden ... for a stay pending this appeal. They have demonstrated nothing more than a mere possibility of success on the merits of the plaintiffs' First Amendment claims. I would, however, modify the permanent injunction imposed by the District Judge ending all vote restoration processes."

$8.877 billion bond initiative for water infrastructure and conservation certified for November ballot in California

  • The secretary of state announced that a $8.877 billion bond initiative had qualified for the November 2018 ballot. The initiative would earmark bond revenue for water infrastructure, groundwater supplies and storage, surface water storage and dam repairs, watershed and fisheries improvements, and habitat protection and restoration.
  • Counties conducted a random sample of the 604,805 filed signatures for the initiative and found that about 76.7 percent of them were valid, indicating that 463,896 of filed signatures were valid. At least 365,880 signatures needed to be valid for the initiative to make the ballot.
  • This was the second statewide bond measures related to the environment certified to go before voters in 2018. On June 5, voters will cast ballots on a legislative referral to issue $4 billion in general obligation bonds for state and local parks, environmental protection projects, water infrastructure projects, and flood protection projects.
  • The state fiscal analyst said the initiated bond issue would generate about $8.4 billion in interest over a 40-year period, meaning the bond would cost the state a total of $17.3 billion. The largest amount of bond revenue—$2.355 billion—would go toward conservancies and state parks to restore and protect watershed lands and nonprofits and local agencies for river parkways. The measure would also allocate $640 million to groundwater sustainability agencies to implement their plans and $500 million for public water system infrastructure improvements to meet safe drinking water standards, including the treatment of contaminants, or ensure affordable drinking water. The ballot initiative would require that $1.398 billion be spent on projects benefitting what the state defines as disadvantaged communities and an additional $2.637 billion be prioritized for disadvantaged communities. California defines disadvantaged communities as communities with an annual median household income less than 80 percent of the statewide annual median household income. With a median household income of $63,783 in 2017, according to the U.S. Census Bureau, 80 percent was $51,026.
  • Californians for Safe Drinking Water and a Clean and Reliable Water Supply, a political action committee (PAC), led the signature drive for the ballot initiative. The PAC, along with two smaller committees, raised $2.21 million as of April 25. The largest contributions were from the California Waterfowl Association ($275,000) and Ducks Unlimited ($250,000).
  • Voters of California cast ballots on 39 bond issues, totaling $154.829 billion in value, from January 1, 1993, through January 1, 2018. Voters approved 31 (79.49 percent) of the bond measures—a total of $143.409 billion. All seven of the bond measures related to water infrastructure between 1993 and 2018 were approved. The last water bond on the ballot was Proposition 1, which voters approved in 2014.

Hawaii State Senate approves bump stock ban

  • The Hawaii State Senate unanimously approved Senate Bill 2046, which would prohibit the manufacture, sale, transfer, and possession of bump stocks and similar devices. The bump stock, which allows semi-automatic firearms to fire similarly to automatic weapons, was linked with the October 2017 mass shooting in Las Vegas.
  • The Hawaii Rifle Association, a National Rifle Association affiliate, opposed the bill. President Harvey Gerwig wrote in testimony that the bill was vague, overreaching, and would "turn an innocent gun owner into a felon." According to the Honolulu Civil Beat, the bill did not receive much other opposition.

Doug Robinson regains spot on Colorado gubernatorial ballot

  • Businessman Doug Robinson (R) qualified to appear on the ballot in the June 26 Republican primary to succeed term-limited Gov. John Hickenlooper (D-CO) Wednesday.
  • In order to appear on the June 26 primary ballot, candidates for statewide office in Colorado are required to submit petitions with the signatures of 1,500 registered party members from each of the state’s seven congressional districts or receive at least 30 percent of the vote at their party’s state assembly.
  • The secretary of state's office had announced Friday that Robinson was short 22 signatures in the 2nd Congressional District and would not qualify for the ballot, leading Robinson to file suit.
  • A review of signatures in the 2nd Congressional District revealed 40 signatures that had not been initially counted that both parties agreed were valid, making up Robinson's initial 22-signature shortfall. District Judge Ross Buchanan approved the agreement Wednesday, putting Robinson on the June 26 primary ballot.
  • Robinson will face former Parker Mayor Greg Lopez (R), former state Rep. Victor Mitchell (R), and state Treasurer Walker Stapleton (R) in the primary election.

Thursday, April 26

Michigan Board of Canvassers verifies signatures for Marijuana Legalization Initiative. In 40 days, the initiative could be certified for the November 2018 ballot.

  • The Michigan Board of Canvassers concluded that more than enough signatures had been submitted for a ballot initiative to legalize the recreational use and possession of marijuana. A random sample of signatures indicated that 277,370 signatures were valid—24,847 more signatures than was required. The Michigan State Legislature has 40 days—until June 5, 2018—to adopt or reject the proposal. If the legislature rejects the initiative or takes no action, then the measure will be placed on the November 2018 general election ballot.
  • Michigan would be the second state in the Midwest to vote on marijuana legalization. Ohio voted on a ballot initiative in 2015, and voters rejected the proposal 63.7-36.3 percent. The Ohio ballot initiative would have authorized 10 facilities with exclusive commercial rights to grow marijuana, whereas the Michigan ballot initiative would not provide a certain number of facilities with exclusive commercial rights. Marijuana has been legalized on the West Coast, Alaska, Colorado, and three New England states.
  • The Michigan initiative was specifically designed to allow adults aged 21 years or older to possess and use marijuana for recreational purposes. Individuals would be permitted to grow up to 12 marijuana plants in their residences. The measure 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 taxes to local governments, K-12 education, and the repair and maintenance of roads and bridges. The measure would also legalize the cultivation, processing, distribution, and sale of industrial hemp. Municipalities would be allowed to ban or limit marijuana establishments within their boundaries.
  • The Coalition to Regulate Marijuana Like Alcohol, a political action committee, is leading the campaign in support of the ballot initiative. The committee spent $308,536 in cash and received $375,000 in in-kind services for the signature driving, with about $3.10 expended on each signature required. The committee received a total of $1.63 million as of April 25. The Marijuana Policy Project (MPP) and the MPP Foundation were the largest contributors, donating a combined $599,205.
  • There were two committees organized to oppose the initiative, which had raised a combined $$281,020 as of April 25. The largest contributor to the opposition was SAM (Smart Approaches to Marijuana) Action, which donated $275,000. SAM Action opposed all five of the marijuana legalization initiative on the ballot in 2016.
  • In Michigan, the possession or use of marijuana for recreational purposes is currently illegal. Voters approved a ballot initiative, Proposal 1, to legalize the medical use of marijuana in 2008. Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws, both medical and recreational marijuana are illegal under federal law as of 2018. In January 2018, Attorney General Jeff Sessions (R) rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized.

Michigan Board of Canvassers deadlocked on certifying initiative to repeal prevailing wage, backers to take issue to court

  • The Michigan Board of Canvassers was deadlocked on certifying signatures for an initiative to repeal the law requiring that workers be paid prevailing wages and fringe benefits on state projects. Staff of the Michigan Department of State, who estimated that 268,403 signatures were valid, recommended certification. The state Board’s two Republican members voted for certification, while the two Democratic members voted against certification. The Democrats cited petitions from circulators who listed non-residential buildings as residential addresses, which was in violation of a state law requiring circulators to use a proper address. Attorney General Bill Schuette (R) said that while circulators could be prosecuted for violating the law, he did not believe that this could be a reason to reject petitions. Julie Matuzak, a Democratic board member, stated, "I think there is a real and legitimate legal conflict that needs to be sorted out either by the Legislature or the courts." Norman Shinkle, a Republican board member, said, "I think it’s our job to follow staff recommendations, as we have done.” Sponsors of the initiative said the campaign for the initiative would file a lawsuit in the Michigan Court of Appeals to order the board to certify the initiative.
  • If the measure is eventually certified, it would go before the Michigan State Legislature for 40 days. The state legislature would be permitted to approve the initiative, which would keep it off the ballot. House Speaker Tom Leonard (R-93) said, “I hope the courts ... rule quickly so we can get this over here to the Legislature, and we can get it done.” Speaker Leonard said he believed House Republicans had enough votes to approve the initiative. Republicans control both the state House and state Senate. Unlike a bill, an initiative approved by the legislature does not need the signature of the governor. Gov. Rick Snyder (R) has said that he opposes repealing the prevailing wage law.
  • Protecting Michigan Taxpayers, a political action committee, is leading the campaign in support of the initiative. The PAC spent $1.28 million to collect the 252,523 valid signatures required for the initiative, resulting in a total cost per required signature (CPRS) of $5.08. The committee had raised a total of $1.55 million as of April 25, with $1.31 million from the Associated Builders and Contractors of Michigan. The Protect Michigan Jobs PAC organized to oppose the ballot initiative—and to sponsor its own initiative to uphold the prevailing wage law—and had raised $782,028 as of April 25 from labor organizations.
  • Under the existing prevailing wage law, the state department of labor determines the prevailing wage and benefits required for each type of contractor or mechanic prior to advertising for contract bids. The wages are determined according to wages paid for similar projects in the local jurisdiction "under collective agreements or understandings between bona fide organizations of construction mechanics and their employers." As the initiative would remove this requirement, contractors that provide wages and benefits below the prevailing wage and benefit levels would be able to make bids on state projects. The prevailing wage law was enacted in 1965.

Illinois State Senate passes bump stock ban

  • The Illinois State Senate approved Senate Bill 2343 by a 38-10 vote. SB 2343 would prohibit the sale, manufacture, purchase, or possession of a bump stock or trigger crank. Bump stocks and trigger cranks are devices that increase the rate of fire of a firearm. The bill was sent to the Illinois House of Representatives for consideration.
  • The House approved a similar measure earlier this year, but the Senate approved the bill with amendments. Bill sponsor Sen. Kwame Raoul (D) said SB 2343 was meant to be a compromise.
  • Gov. Bruce Rauner (R) vetoed a bill related to firearm dealer licensing on March 13, 2018, but he expressed support for a bump stock ban.

Investigations into Missouri Gov. Eric Greitens: Update

  • Indictment for felony invasion of privacy. Gov. Eric Greitens (R) was indicted by a St. Louis grand jury for felony invasion of privacy on February 22, 2018. Greitens was accused of taking a nude photograph of a woman with whom he had an affair and threatening to release the image if the woman spoke publicly about the affair.
    • April 23 hearing. Greitens' lawyers accused former lead investigator William Tisaby of perjury, asking for the case to be dismissed or for the prosecutors to be disqualified from a separate case related to charges of computer tampering. The defense filed a motion to disqualify St. Louis Circuit Attorney Kimberly Gardner and her office, claiming that prosecutors knew that Tisaby was lying under oath.
    • Gardner announced during the hearing that Tisaby was no longer the lead investigator, and First Assistant Circuit Attorney Robert Steele said Tisaby was replaced by Anthony Box.
    • Greitens' lawyers also said during the hearing that Al Watkins, who represented the ex-husband of the woman with whom Greitens had an affair, received two anonymous cash payments of $50,000 each. Watkins confirmed that he received the payments in January 2018 and reported them to federal investigators. He said it was unclear who the money was for but that "it’s really clear that this was given by virtue of what they anticipated to be the fallout from disclosure of these recordings." The funds were used to pay some of the ex-husband's legal fees.
    • April 26 hearing. Judge Rex Burlison denied a deposition request from Greitens' legal team to question the former chairman of the Missouri Democratic Party, Roy Temple. According to The Kansas City Star, Temple filed a complaint against Greitens with the Missouri Ethics Commission in March 2018, claiming that Greitens was untruthful about obtaining a donor list from The Mission Continues, a veterans charity he founded in 2007.
    • Greitens' legal team deposed former lead investigator William Tisaby. Tisaby pleaded the Fifth Amendment during his deposition. Tisaby's attorney, Jermaine Wooten, said Tisaby intended to invoke his Fifth Amendment rights for both the invasion-of-privacy case and for the felony computer tampering case.
  • Indictment for felony computer tampering. On April 20, Greitens was indicted for felony computer tampering. The indictment alleged that Greitens used a donor list from The Mission Continues without authorization for political purposes during his 2016 gubernatorial campaign. Greitens founded The Mission Continues in 2007 and left in 2014.
    • In a hearing before Cole County Circuit Judge Jon Beetem, Greitens' attorney Jim Bennett said Attorney General Josh Hawley had a personal interest in calling for Greitens' resignation because of Hawley's campaign for the U.S. Senate. Bennett argued, "It's one thing to be the attorney general exercising your duties. It's another thing to be doing that at the exact same time you have a personal interest in attaining a different situation, which would be related to that Senate race." Hawley called for Greitens to resign after a special investigative committee released a report finding the accusations against Greitens credible.
    • Bennett asked for the judge to appoint a special independent counsel.
    • State Solicitor General John Sauer, representing the attorney general's office, argued that Hawley's call for Greitens' resignation was part of the attorney general's official role and said that claims of personal interest were "unsupported by evidence."
  • Petition for special session to consider impeachment procedures. House Speaker Todd Richardson (R) announced that a petition to consider a special session for impeachment procedures was circulating in the House. Richardson said the petition included signatures from a majority of House Republicans and that he anticipated Democratic support. Rep. Kip Kendrick (D) said Democrats were willing to sign the petition but preferred to begin impeachment procedures immediately. The legislature can call a special session if three-fourths of the members in each chamber approve a petition.
  • Read more about the investigations into Gov. Greitens here.

Arizona teachers walk out statewide in protest

  • Arizona teachers began a statewide walkout—the first ever in the state—demanding a 20 percent teacher pay raise, raises for support staff, and an increase in school funding to pre-recession levels, which would amount to about $1 billion.
  • Background.
    • A teacher vote between April 17 and 19 resulted in the decision to walkout on April 26. The vote was organized by Arizona Teachers United, which describes itself on Twitter as "an education group created to support Arizona educators."
    • At least 100 school districts of the state's 200 districts announced closures, affecting about 75 percent of the state's public school students.
    • The National Education Association ranked the average salary for Arizona teachers ($47,403) in 2017 as 44th out of the 50 states and Washington, D.C. The national average for teacher salaries in 2017 was $59,660.
  • Legislative responses to the strike.
    • Senate President Steve Yarbrough said he was working with Gov. Doug Ducey (R) on boosting teacher pay 20 percent by 2020. His statement also said, "It is unfortunate that many teachers are apparently preparing to strike, walking out on the students and forcing schools to close their doors. The children are the real victims of a strike. While the schools close, the Legislature remains open, with leaders attempting to complete their task to bring the teachers significantly better pay. We hear their frustration."
    • Sen. John Kavanagh (R) said teachers' demands were outrageous and unreachable. To those impacted by the walkout, he said, "You should be upset at [teachers] for abandoning kids when they’ve been promised 20 in ’20 and it looks like a good deal."
    • Gov. Doug Ducey (R) released a statement in which he encouraged citizens to "call your legislator and tell them to vote 'yes' on a 20 percent pay raise for Arizona teachers."
  • Gov. Ducey's plan.
    • Gov. Ducey announced a plan to increase teacher salaries 20 percent by the 2020 school year on April 12. The governor's plan would increase teacher pay 9 percent in the 2018-2019 school year with 5 percent increases in the 2019-2020 and 2020-2021 school years, amounting to a 20 percent net increase by 2020 (the calculation includes a 1 percent raise from the 2017-2018 school year).
    • Ducey also proposed investing $371 million in funds over the next five years with an additional $100 million investment in fiscal year 2019.
    • Rep. David Livingston (R) said legislators agreed to Ducey's plan and expected to present a formal budget bill the week of April 30.
    • Teachers expressed skepticism about Ducey's plan. Teacher and Arizona Teachers United organizer Derek Harris said: "What he gave us today was just a proposal, it wasn’t legislation, and we don’t know where the money’s coming from and we don’t know if he’s talking about everybody involved in education or just classroom teachers."

Colorado teachers protest at state capitol

  • More than 10,000 teachers used personal days to protest for more education funding and better pay. The protests caused more than 12 school districts to close, impacting about half of the state's public school students, according to Education Week.
  • Colorado Public Radio reported that legislators agreed to a bipartisan plan that would raise education funding but were negotiating changes to the pension system at the time of the protests on April 26.
  • Colorado legislators cannot raise taxes without asking voters, and the teachers' union expressed support for a ballot measure that would raise taxes on corporations and on people earning $150,000 or more.

Oklahoma legislature sends amendment to voters for joint Governor and Lieutenant Governor tickets

  • The Oklahoma Joint Governor and Lieutenant Governor Tickets Amendment was certified for the November 2018 ballot. The measure would amend the state constitution to provide for the governor and lieutenant governor to be elected together on one ticket starting in 2026.
  • The amendment was introduced by Sen. Adam Pugh (R) and Rep. Mark Lepak (R) as Senate Joint Resolution 66. It was approved by the state Senate on March 13, 2018, in a vote of 29-12, with seven excused. Four Republicans joined all eight Democrats in opposing the amendment in the Senate. On April 23, 2018, the state House approved the measure with amendments in a vote of 69 to 22 with 10 excused and one vacancy. On April 25, the state Senate concurred with the House amendments and approved the measure in a vote of 34 to 9 with 4 excused and one vacancy, certifying the measure for the ballot. Only one Democrat, John Sparks, voted yes in the Senate.
  • According to the National Lieutenant Governors Association, 26 states elect governors and lieutenant governors together. Seventeen states have separate tickets for the governor and the lieutenant governor for general elections. The secretary of state is the successor to the governor in three states, and the governor and secretary of state are elected separately. In the remaining four states, state senate leaders serve as the successors to the governor. In two of those states, the title of lieutenant governor is given to the presiding senate leaders.
  • From 1996 to 2016, 62 amendments were referred by the state legislature. 52 were approved and 11 were defeated.

Arkansas voter id requirement ruled unconstitutional, making the decision by state voters on November’s voter id constitutional amendment even more significant

  • Pulaski County Circuit Judge Alice Gray ruled that Arkansas most recent voter identification law was unconstitutional and issued a preliminary injunction against enforcing it. Without this ruling, the May 22 primary election is the first election at which it would have been in place. After a previous 2013 bill—Senate Bill 2—was ruled unconstitutional, the Arkansas legislature took two steps in early 2017: they approved a new voter identification requirement—House Bill 1047—and put Issue 2, a constitutional amendment to require photo identification to vote, on the November 2018 ballot. The offices of the attorney general and the secretary of state were reviewing the Judge Gray’s Ruling, and, as of April 27, 2018, had not announced whether or not the state would appeal the ruling to the Arkansas Supreme Court. Barring a successful appeal, the approval of Issue 2 in November would be the quickest way to enact voter id laws in the state.
  • In 2012, Republicans took over control of both chambers of the legislature for the first time since 1874. Senate Bill 2 was approved by the Republican controlled legislature in the 2013 legislative session.
  • Going into 2018, 34 states (including Arkansas) enforced or were scheduled to begin enforcing voter identification requirements. A total of 17 states required voters to present photo identification, while 16 accepted other forms of identification, as of April 2018.
  • Voter id laws and other election rules have been high-profile issues in 2018. On January 4, 2018, President Trump tweeted, "As Americans, you need identification, sometimes in a very strong and accurate form, for almost everything you do.....except when it comes to the most important thing, VOTING for the people that run your country. Push hard for Voter Identification!" Former U.S. Attorney General Eric Holder, who is now the chair of the National Democratic Redistricting Committee (NDRC), included voter ID laws among tactics he said Republicans were using to improve results for Republicans at midterm elections: “Republicans seem to come up with a whole variety of ways in which they want to restrict the number of people who get to the polls. And that’s just not good for democracy. It seems to me that Republicans see that they can’t necessarily win the game, so they’re trying to change the rules."

Friday, April 27

Signatures filed in California for initiative to repeal a fuel tax increase passed last year

  • The first signatures were filed in California for an initiative to repeal a gasoline and diesel fuel tax increase that legislators passed in April 2017. The initiative would also require majority voter approval for the state legislature to impose, increase, or extend a future tax on gasoline, diesel fuel, or the operation of a vehicle or trailer coach on public highways. Sponsors stated that the campaign would be filing at least 830,000 signatures and possibly as many as 900,000 signatures. At least 585,407 of the signatures need to be valid for the initiative to make the ballot for the election on November 6, 2018.
  • Politico and the Los Angeles Times reported that state Republicans are funding the campaign with the hope of energizing voters who oppose last year’s tax increase. Carl DeMaio, a former member of the San Diego City Council, said the initiative “is going to put Democrats in real bad spot.” David Gilliard, a political consultant, stated, “Everybody on the Republican side, at least all my clients, are definitely making this an issue. It's generating a lot of support in their districts, because people are angry about this gas tax and the price of gasoline in California.”
  • The California GOP has given $400,000 to the effort to repeal the tax and require a public vote of future increases. U.S. House Majority Leader Kevin McCarthy’s congressional PAC has contributed $300,000 and John Cox’s gubernatorial PAC has contributed $300,000. Other Republicans contributing to the campaign include U.S. Reps. Ken Calvert, Mimi Walters, Devin Nunes, and Doug LaMalfa. The campaign PAC, called Give Voters A Voice, and the Howard Jarvis Foundation’s Reject the Gas Tax PAC have raised a combined $1.87 million, according to reports available on April 27.
  • John Vigna, a spokesman for the California Democratic Party, responded to the idea that the initiative could energize voters for Republicans, saying, “The condition of our infrastructure is an embarrassment that hurts the entire economy of the state, and Californians want it fixed. Republicans are deluding themselves if they think this is a silver bullet that will save them from the Trump-sized anchor weighing them down.”
  • In September 2017, a coalition of 20 business, labor, and local government organizations that support the tax increase sent letters to California's 14 Republican members of Congress warning them to not to get involved in the initiative campaign. The letter stated, “With so much at stake, our organizations will have no option but to mount a robust and powerful effort in opposition to this initiative, using the voices of California’s business community to counter your efforts. We don’t think your objective is to create new political adversaries.”
  • In the California State Legislature, the legislation to increase gasoline and diesel fuel taxes had the support of just one Republican—Sen. Anthony Cannella (R-12). Two Democrats—Sen. Steve Glazer (D-7) and Rep. Rudy Salas (D-32)—joined Republicans to oppose the legislation. Gov. Jerry Brown signed the bill into law on April 28, 2017.

Special Elections

As of this week, 68 state legislative special elections have been scheduled or held in 23 states. Elections have been held for 14 Democratic seats and 31 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 1

May 5

Local Politics: The Week in Review

Elections Update

Tuesday, April 24

Candidate filing deadline in Michigan

  • In November 2018, Ballotpedia will cover a total of 262 seats in Michigan elections at the federal, state, and local levels. The filing deadline for 251 of those seats was on April 24 and applies to candidates for U.S. Senate and House of Representatives, state executive offices including governor, Michigan State Senate and House of Representatives, state and local judicial positions, and county positions. Also on the ballot are special elections for Michigan's 13th Congressional District, most recently held by John Conyers Jr., and special elections in Michigan State Senate District 2 and Michigan House of Representatives District 68. School board candidates, Wayne County Community College Trustees, and Supreme Court incumbents have later filing deadlines. Independent candidates have until July 19, 2018, to file for the general election. Michigan has the 34th statewide filing deadline in 2018.
    • Eight Democratic candidates and no Republican candidates filed for the Michigan's 13th Congressional District special election. Similarly, the Michigan State Senate District 2 special election drew eight Democratic candidates and no Republican candidates. Six total candidates filed for the special election in Michigan House of Representatives District 68: five Democratic candidates and one Republican candidate. The primary and general election for all three special elections are scheduled for the same dates as the statewide regular elections.
    • Primaries will be held August 7, 2018, and the general election will take place on November 6, 2018.

Wednesday, April 25

Filing deadline for the Lackawanna City School Board

  • The filing deadline passed for three of the nine seats on the Lackawanna City School District school board in Erie County, New York. The general election is being held on May 15, 2018. The district served 1,772 students during the 2015-2016 school year.
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, May 1

Two special elections for Florida House of Representatives

  • There are special elections for two seats on the Florida House of Representatives on Tuesday, May 1. These will be the third and fourth state legislative special elections in Florida this year.
  • Democrat Ricky Shirah faces Republican Josie Tomkow in the District 39 race. The winner will replace Neil Combee (R), who resigned in November 2017. Tomkow defeated Jennifer Spath in the Republican primary, and Shirah was unopposed in the Democratic primary.
  • The District 114 election is a three-way race between Democrat Javier Fernandez, Republican Andrew Vargas, and independent candidate Liz de las Cuevas. 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. Vargas defeated Jose Pazos in the Republican primary. Fernandez was unopposed for the Democratic nomination.

Massachusetts State Senate special election to be held

  • A special election for the First Suffolk District of the Massachusetts State Senate is being held on Tuesday, May 1. This will be the third state legislative special election to take place in Massachusetts in 2018. Nick Collins (D) faces no Republican opposition in the special election, as Collins was the only candidate to file. The election is being held to replace Democrat Linda Dorcena Forry, who resigned from office on January 26, 2018, to take a private sector job.
  • Massachusetts is one of 16 states under divided government. The Democratic Party holds majorities in both chambers of the state legislature. However, the governor's office is held by Republican Charlie Baker.

South Carolina House of Representatives special election to be held

Friday, May 4

Filing deadline for candidates running for some Florida races

  • Candidates running for certain races in Florida must file by noon on May 4. Candidates will be filing 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. Aside from those races, Florida has the 35th statewide filing deadline in 2018.
    • In the U.S. Senate race, Senator Bill Nelson (D) is seeking re-election. There are also elections for Florida’s 27 members of the U.S. House of Representatives. Florida is currently represented by 11 Democrats and 16 Republicans.
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Local Politics: What's On Tap Next Week

Tuesday, May 1

Deadline to turn in ballots for Oregon school board recall is May 1

  • A recall election seeking to remove Judy Skirvin and Monty Akin from their positions on the Clatskanie School District school board in Oregon is being conducted by mail-in ballot. The deadline for voters to turn in ballots is May 1. Skirvin and Akin, 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 voted against the motion to not renew Thorud's contract. Lovegren resigned from the board before the recall 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.
    • Hartley recommended that Thorud's contract not be renewed in February 2018 due to his inability to work with 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.
    • Ballotpedia has tracked a total of 20 recall elections targeting 43 school board members in 2018. The Clatskanie recall is the second school board recall election that was on the ballot this year.

Primary elections in Shelby and Davidson counties in Tennessee

  • There are primary elections in Shelby and Davidson counties in Tennessee on Tuesday, May 1. The winners of the Democratic and Republican primaries will compete in the general election on August 2, 2018. These counties are included in Ballotpedia’s coverage of the 100 largest cities in the U.S. by population and the counties that overlap with them. Memphis is in Shelby County and Nashville shares a consolidated government with Davidson County.
    • In Shelby County, the following seats are up for election: property assessor, District 1 through District 13 on the county commission, county clerk and four different court clerks, county mayor, register of deeds, sheriff, and trustee.
    • In Davidson County, the following seats are up for election: county clerk, criminal court clerk, juvenile court clerk, public defender, register of deeds, sheriff, trustee, and judicial positions.

Municipal elections being held in Virginia

  • In Chesapeake, Virginia, elections are being held for mayor and city council. Five at-large seats on the city council are up for election. Three incumbents are running in the at-large city council election. Special elections are being 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 are required to run in special elections in 2018 in order to serve out unexpired terms that end on June 30, 2020
  • In Norfolk, Virginia, elections are being held for five wards on the city council. Incumbents are running uncontested in Ward 1, Ward 4, and Ward 5. Ward 2 has three candidates vying for the open seat. The incumbent of Ward 3 faces one challenger.

School board elections being held in Virginia

  • Five seats on the Chesapeake Public Schools school board are up for election. The school board consists of nine members elected at large to four-year terms. Five seats are up for election on May 1. Eleven candidates are running for election, including five incumbents.
  • Five seats on the Norfolk Public Schools school board are up for election. There are seven members on the board elected by ward to three-year terms. All five wards up for election have more than one candidate running in the general election. Tanya Bhasin of Ward 2 is the only incumbent running for re-election.

Recall election being held in Oxnard, California

  • A recall election in Oxnard, California, against Mayor Tim Flynn and city council members Carmen Ramirez, Bert Perello, and Oscar Madrigal is being held on May 1. 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.

Friday, May 4

Filing deadline for candidates running for some Florida races

  • Candidates running for certain races in Florida must file by noon on May 4. Candidates will be filing 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. Aside from those races, Florida has the 35th statewide filing deadline in 2018.
    • In the U.S. Senate race, Senator Bill Nelson (D) is seeking re-election. There are also elections for Florida’s 27 members of the U.S. House of Representatives. Florida is currently represented by 11 Democrats and 16 Republicans.


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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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