Help us improve in just 2 minutes—share your thoughts in our reader survey.

The State and Local Tap: It’s official; Californians will vote on 12 ballot measures in November

From Ballotpedia
Jump to: navigation, search

June 29, 2018Issue No. 119

The State and Local Tap Banner-White-750x191px.png

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 twenty-six (126) measures are certified to appear on statewide ballots in 33 states in 2018 so far—31 citizen-initiated measures, 86 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.
    • Twelve new measures were certified for 2018 ballots over the last week.
    • By this time in 2014, 135 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 121 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 fifth week of June from 2010 through 2016 was 137, and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for 15 additional citizen-initiated measures have been submitted and are pending verification in Idaho, Michigan, Missouri, Montana, Nevada, North Dakota, and Oklahoma. To see this list, click here.
    • The most recent general signature deadlines for 2018 were on June 19 and June 22.
      • June 19 was the deadline for signatures for initiated constitutional amendments in Nevada. Signatures were submitted for a renewable energy standards initiative; no signatures were submitted for the other pending initiative to prevent sanctuary cities.
      • June 22 was the signatures deadline for initiatives in Montana. Signatures for at least two initiatives were submitted.
TCJune26.png

Sunday, June 24

Louisiana Legislature approves tax measure, adjourns third special session

  • The Louisiana State Legislature passed a funding plan to extend part of a sales tax rate that would have expired on June 30, 2018, ending a budget impasse. The temporary 5-percent sales tax rate would have decreased to 4 percent, but lawmakers approved a 4.45 percent rate beginning July 1, 2018, through June 30, 2025—estimated to bring in $500 million of revenue per year. Lawmakers then voted to use the estimated revenue for the budget that begins on July 1, 2018. The funds were allocated to hospitals, public universities, the TOPS scholarship program, nursing homes, mental health services, and sheriffs, among others.

Monday, June 25

California measure certified for November ballot: initiative to repeal state gas tax increase

  • California Secretary of State Alex Padilla said his office received enough signatures for a ballot initiative to repeal fuel tax increases and vehicle fees that were enacted in 2017. The ballot initiative would also require majority voter approval (via ballot propositions) for the California State Legislature to impose, increase, or extend fuel taxes or vehicle fees in the future.
  • The Road Repair and Accountability Act of 2017 (RRAA) increased the gas excise tax, diesel excise tax, and diesel fuel sales tax and created two additional annual vehicle fees. In the California State Legislature, it had the support of most Democrats, and most Republicans voted against it. The RRAA repeal effort could have a notable impact on state politics in 2018.
  • Gubernatorial candidate John Cox (R) is campaigning on the initiative. His campaign committee has contributed to the initiative and, as have committees for GOP leadership in the U.S. House—Speaker of the House Paul Ryan (R-Wis.), House Majority Leader Kevin McCarthy (R-Calif.), and House Majority Whip Steve Scalise (R-La.).
  • Michael Quigley, executive director of the pro-RRAA California Alliance of Jobs, responded to congressional Republicans' contributions, saying, "The repeal is being funded by D.C. Republicans and their party leaders for purely political reasons; to re-elect Republican politicians."
  • As of 2018, increasing a tax in California requires a two-thirds vote of each state legislative chamber and the governor's signature. The ballot initiative would create the additional step of voter approval (via ballot propositions) to impose, increase, or extend fuel taxes or vehicle fees. The requirement that tax increases receive voter approval would affect taxes and tax rates enacted after January 1, 2017, meaning fuel taxes and vehicle fees that were created or increased in 2017 or 2018 would be repealed. This would have the effect of repealing the Road Repair and Accountability Act of 2017 (RRAA), which was narrowly approved by the state legislature in April 2017.

Vermont Legislature approves budget, governor to allow bill to become law without signature

  • Gov. Phil Scott (R) announced that he would allow a third budget bill approved by the state Legislature to become law without his signature. According to Seven Days, the bill resembled the one Scott vetoed on June 14, 2018. Scott voiced disappointment that the bill did not contain a compromise with Democratic lawmakers that fell apart on June 22.
  • Senate President Pro Tem Tim Ashe (D) said the budget "represents a compromise that most members of the public would say is a fair balance" between the governor and the legislature.
  • The bill used one-time funds to prevent residential property taxes from increasing but allowed nonresidential property taxes to rise by 4.5 cents. It also included a provision to create a teacher health benefit as well as a task force to reduce staff-to-student ratios at preK-12 schools.

Kansas Supreme Court rules that state's education funding is equitable but inadequate

  • In Gannon v. Kansas, the Kansas Supreme Court ruled that the state's legislative adjustments to education funding, SB 423 and SB 61, were equitable but inadequate. The court concluded that Kansas had not met the adequacy requirement in Article 6 of the state constitution. The court advised the state to undertake further adjustments to inflation and allowed the legislation (SB 19, SB 423, and SB 61) to temporarily remain in effect. The court extended the deadline for the state to fulfill its constitutional duties to June 30, 2019.
  • The adequacy requirement. The court rejected the state's argument that legislation passed in 2018 (SB 423 and SB 61) phasing in approximately $548 million in funding over five years was enough to meet Article 6's requirements and said the state did not appear to have adequately adjusted for inflation for the 2017-2018 or 2018-2019 school years. The court wrote, "In its current status, the State's chosen remediation plan does not comply. But by timely making financial adjustments in response to the plan's identified problems and its accompanying calculations—and then by completing the plan—the State can bring the system into constitutional compliance." The court also questioned the state's treatment of virtual school aid, asking for an explanation on the use of virtual school aid in the state's school funding calculations.
  • The equity requirement. The court ruled that the state complied with Article 6's equity requirement. The court wrote, "Upon our review, we conclude the State has shown that its proposed remedy, under the present circumstances, establishes that the K-12 public education financing system provided by the legislature through S.B. 19, S.B. 423, and S.B. 61 meets Article 6's equity requirement."
  • Following the court's October 2017 ruling that SB 19 was unconstitutional, the legislature passed and the governor signed SB 423 and SB 61.
    • SB 61 increased the state's base aid for the 2018-2019 school year from $4,128 to $4,165 and enacted gradual base aid increases in each school year from 2019-2020 to 2022-2023. The bill mandated that after 2023-2024, base aid would increase by a three-year rolling average based on the U.S. Bureau of Labor Statistics' consumer price index for all urban consumers in the Midwest region. It also required school districts to have a local budget that amounted to at least 15 percent of the funds received from the state.
    • SB 423 allocated $32.4 million for special education for the 2018-2019 school year and scheduled $7.5 million increases through 2022-2023. It appropriated the following funds for the 2018-2019 school year: $500,000 for the mentor teacher program, $2.8 million for an ACT and WorkKeys assessment program, and $10 million for a pilot program on mental health intervention and a related data system. SB 423 also required school districts to allocate a portion of their local budgets to at-risk and bilingual funds.
  • What happens next. New briefs will be submitted to the court by April 15, 2019, and response briefs by April 25, 2019. The court will hold oral arguments on May 9, 2019. The court is expected to issue a ruling by June 30, 2019.
  • Political reactions to the court's June 25 decision:
    • State Senate President Susan Wagle (R): "Today the unelected bureaucrats of the Kansas Supreme Court chose to continue with the endless cycle of school litigation, leading us down the road to an unavoidable tax hike. When Kansas is on par with Nancy Pelosi’s California for sky-high property taxes and families are fleeing the state, we can thank the Kansas Supreme Court."
    • State Rep. Brett Parker (D): "I think it was predictable and avoidable. This is why many of us tried to avoid another losing court case for the state of Kansas and public education funding. There were several opportunities to do right by our schools and we just never had enough votes for them."

North Carolina voters to decide whether to make their state the 22nd with a constitutional right to hunt and fish

  • On June 25, 2018, the North Carolina State Legislature referred to the November 6 ballot a constitutional amendment to create a state constitutional right to hunt, fish, and harvest wildlife.
  • The amendment would subject the right to hunt, fish, and harvest wildlife to statutes to promote wildlife conservation and management and preserve the future of hunting and fishing. The amendment would also declare that hunting and fishing are the preferred means of managing and controlling wildlife in North Carolina.
  • As of June 2018, 21 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to ensure such a right in 1777. The other 20 states have all adopted right to hunt and fish amendments since 1996, including Indiana and Kansas most recently in 2016.
  • At least 60 percent of the members of each chamber of the North Carolina State Legislature needed to approve the amendment. In the state House, the vote was 92-23 (72 votes were needed). In the state Senate, the vote was 41-6 (30 votes were needed). Republicans supported the amendment, and Democrats were divided on the amendment.

SCOTUS rules in Abbott v. Perez, upholding all but one of 11 challenged Texas districts

  • The Supreme Court of the United States issued a 5 to 4 ruling in Abbott v. Perez, upholding the legality of all but one of 11 challenged Texas congressional and state legislative districts that had been struck down as unconstitutional racial gerrymanders by a federal district court. Associate Justice Samuel Alito penned the court's majority opinion, which was joined by Chief Justice John Roberts and Associate Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch. The majority found that the district court had applied an improper standard of intent in striking down the following district maps: Congressional District 35 and House Districts 54, 55, 93, 103, 104, and 105. The majority also held that the maps' challengers had failed to satisfy the legal test for proving a violation of Section 2 of the Voting Rights Act for the following district maps: Congressional District 27 and House Districts 32 and 34. The court upheld the district court's finding with respect to House District 90, affirming that the district had been subject to an illegal racial gerrymander. Associate Justice Sonia Sotomayor penned a dissent, joined by Associate Justices Ruth Bader Ginsburg, Stephen Breyer, and Elena Kagan, in which she contended that the district court's decision should have been affirmed.

Illinois filing deadline for independent and new party candidates

  • The Illinois statewide filing period for independent and new party candidates began on June 18 and ended on June 25. To appear on the general election ballot, independent and new party candidates had to file a certain number of nominating papers based on the number of voters who voted in the previous election. The filing deadline for major party candidates was December 4, 2017, and the primary was on March 20.
    • State Senator Sam McCann submitted paperwork to appear in the Illinois gubernatorial election. He announced in April 2018 that he was running for governor as a Conservative Party candidate and returned 65,000 petitions, 40,000 more than the minimum number of valid signatures needed to appear on the ballot. McCann resigned from the Illinois State Senate Republican caucus when he made the announcement in April. He joins incumbent Bruce Rauner (R), J.B. Pritzker (D), William Kelly (Constitution), and Kash Jackson (Libertarian) on the general election ballot.

Tuesday, June 26

West Virginia House of Delegates unanimously approves impeachment investigation into state Supreme Court justices

  • The West Virginia House of Delegates unanimously approved a resolution authorizing the House Judiciary Committee to conduct an impeachment investigation into justices on the West Virginia Supreme Court of Appeals and to make recommendations to the full House of Delegates based on findings.
  • The resolution noted the filing of a formal statement of charges and an indictment against Justice Allen Loughry in June 2018 but also stated, "The Court’s actions and/or inactions have raised concerns that require further consideration and investigation by this body. Some or all of the five members of the Court may be guilty of maladministration, corruption, incompetency, gross immorality, or high crimes or misdemeanors, and may be unfit to serve as Chief Justice or as Justices of the West Virginia Supreme Court of Appeals."
  • The House rejected a proposed amendment to set deadlines for the committee investigation. The amendment would have set a July 23 deadline for the House to enact impeachment proceedings and an August 13 deadline for the Senate to conduct a trial. The amendment would have ended the proceedings before August 14, allowing voters to elect a new justice in the November 2018 election. Impeachment after August 14 would allow Gov. Jim Justice (R) to appoint a replacement for a two-year term until the 2020 election.
  • House Speaker Tim Armstead (R) removed himself from leading the investigation because of his interest in running for a position on the state Supreme Court. He was replaced by House Speaker Pro Tem John Overington (R).
  • Background.
    • Gov. Jim Justice (R) issued a proclamation convening the West Virginia State Legislature in a special session on June 26, 2018. The proclamation stated that the purpose of the special session was to discuss "[m]atters relating to the removal of one or more Justices of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification."
    • According to The State Journal, the governor's proclamation was issued after Republican legislative leaders sent a letter to Gov. Justice asking for a special session to consider impeaching West Virginia Supreme Court Justice Allen Loughry. The letter was sent while members of the West Virginia Legislature's Joint Committee on the Judiciary were discussing if and how impeachment proceedings should proceed. Sen. Charles Trump (R), a committee co-chairman, moved for the committee to examine whether impeachment proceedings should be brought against Loughry and then make a recommendation to the West Virginia House of Delegates. Del. Shawn Fluharty (D) wanted to know the timeline of impeachment proceedings.
    • On June 20, 2018, Justice Loughry was indicted on 22 federal counts, including two counts of wire, radio, or television fraud; 16 counts of fraud and swindles; one count of witness tampering; and three counts of making false statements. Loughry was accused of improperly using state vehicles, spending state funds for personal use, having state-owned property at his home, and lying to federal investigators. The indictment said Loughry acted "with intent to defraud, misused and abused his position, power and authority." The indictment followed a 32-count judicial complaint filed by the state Judicial Investigative Commission on June 6 which alleged Loughry had made "false statements with the deliberate intent to deceive" and "gave disinformation with the intent to harm another person."
  • Impeachment in West Virginia.
    • Article IV Section 9 of the West Virginia Constitution states, "Any officer of the state may be impeached for maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor." It gives the House of Delegates the sole power of impeachment and the Senate the sole power to try impeachments. Conviction requires approval by two-thirds of the Senate (23 members). The article also says the chief justice of the Supreme Court of Appeals shall preside at the court of impeachment, unless it would "be improper for him to act," in which case another Supreme Court justice would be designated to preside.
    • According to the Brennan Center for Justice, impeachment and removal of judges from office are rare. Citing a review of studies by the American Judiciary Society and the National Center for State Courts, the Brennan Center noted two instances in which a state Supreme Court justice was impeached since 1993—one in Pennsylvania (1993-1994) in which a state Supreme Court justice was removed from office and one in New Hampshire (2000) in which a state Supreme Court justice was impeached by the state House but the state Senate declined to remove the justice from office.
    • Metro News reported that the earliest record of impeachment in West Virginia was in 1875 against the state treasurer and the state auditor. The treasurer was impeached and removed from office and the auditor was impeached but acquitted by the state Senate. As of June 2018, the last impeachment proceeding in West Virginia was in March 1989, when the House brought 17 articles of impeachment against state Treasurer A. James Manchin. Manchin resigned before the state Senate could conduct a trial.

Colorado primary review

  • Colorado’s statewide primary was held on June 26. Ballotpedia covered elections for seven U.S. House seats, governor and 10 additional state executive seats, 17 state senate seats, and all 65 state house seats. Ballotpedia also covered municipal elections in Adams County, Arapahoe County, and El Paso County. The general election will be held on November 6, 2018.
    • Rep. Jared Polis (D) won the Democratic nomination to succeed term-limited Gov. John Hickenlooper (D). Polis won 44.4 percent of the vote to former state Treasurer Cary Kennedy’s (D) 24.7 percent.
    • The Republican nomination was won by state Treasurer Walker Stapleton (R), who received 47.7 percent of the vote to former state Rep. Victor Mitchell’s (R) 30.1 percent.
    • Two Republican state House incumbents lost their primaries. Judy Reyher lost to Don Bendell after she faced controversy for making negative remarks about black people and Muslims over social media. Philip Covarrubias lost to Rod Bockenfield, who was challenging him from the center.
    • Four candidates backed by Democratic Party leaders won open primaries for safe Democratic seats in the Colorado state legislature. However, Emily Sirota, who was endorsed by Bernie Sanders, beat the establishment-backed candidate in House District 9. The seat was previously represented by Paul Rosenthal (D), who did not qualify for the ballot after being accused of sexual harassment.

Maryland primary review

  • Maryland’s statewide primary was on June 26. Ballotpedia is covering elections for U.S. Senate, eight U.S. House seats, governor and three additional state executive seats, 47 state senate seats, and all 141 state house seats. Ballotpedia is also covering municipal elections in Baltimore and school board elections in five counties. The general election will be held on November 6, 2018.
    • Former NAACP President Ben Jealous (D) defeated Prince George’s County Executive Rushern Baker III (D) for the Democratic gubernatorial nomination. Jealous’ support from Sen. Bernie Sanders (I-Vt.) and progressive groups alongside Baker’s endorsements from figures such as Rep. Steny Hoyer (D-Md.) and his emphasis on his governing experience led some observers to compare the primary to the 2016 Democratic presidential primary. Jealous received 39.8 percent of the vote to Baker’s 29.3 percent.
    • Incumbent Marilyn Mosby (D) defeated two challengers to earn the Democratic nomination for Baltimore state's attorney. Both of Mosby’s opponents argued that her time in office played a role in rising violent crime rates in Baltimore. Mosby ran on her record, touting a 92 percent conviction rate. She became a national figure in 2015 when she filed charges against six police officers in relation to the death of Freddie Gray. No Republican filed to oppose Mosby in the November 6 general election.

Oklahoma primary review

  • Oklahoma held its statewide primary on June 26. Ballotpedia covered elections for five U.S. House seats, governor and eight additional state executive seats, 24 state senate seats, and all 101 state house seats. Ballotpedia also covered municipal elections in the following municipalities: Canadian County, Cleveland County, Oklahoma City, Oklahoma County, Osage County, Tulsa, and Tulsa County. The general election will be held on November 6, 2018.
    • At least 16 Republican incumbents in the Oklahoma state legislature lost their primaries or failed to avoid a runoff. Six incumbents--one state Senate and five state House--lost, while 10 state House incumbents will go to runoffs on August 28. The primaries occurred in the aftermath of a public school teacher strike in April 2018. Oklahoma teachers went on strike for nine days to protest what they said was a lack of education funding and inadequate pay.
  • Voters also approved State Question 788, designed to legalize marijuana for medical purposes in Oklahoma. It passe 57% to 43%. Passage makes Oklahoma the 30th state to allow medical marijuana. Obtaining a state-issued medical marijuana license will require a board-certified physician's signature. People with licenses will be permitted to possess up to three ounces of marijuana on their person and eight ounces of marijuana in their residence. A 7 percent tax will be levied on marijuana sales, with revenue being allocated to administrative costs, education, and drug and alcohol rehabilitation. Licenses will be required to operate dispensaries, commercial growing operations, and processing operations. Of the 29 states (and Washington, D.C.) permitting medical marijuana as of June 2018, 14 states achieved legalization via statewide ballot measure and 15 states passed laws in their state legislatures.

South Carolina primary runoff review

  • South Carolina’s statewide primary runoff was on June 26. Republican runoffs took place for the offices of governor, attorney general, and Districts 5, 87, and 110 of the state House. A Democratic runoff was held in House District 77.
    • In the gubernatorial race, incumbent Henry McMaster defeated John Warren. McMaster received 54 percent of the runoff vote to Warren’s 46 percent. McMaster will face Democratic challenger James Smith Jr. in the general election.
    • In the race for attorney general, incumbent Alan Wilson defeated state Rep. Todd Atwater. Wilson received 65 percent of the vote in the runoff, while Atwater received 35 percent. Wilson will face Constance Anastopoulo (D) in the general election.

Utah primary review

California measure certified for November ballot: $1.5 billion children's hospital bond

  • California Secretary of State Alex Padilla said his office received more than the 365,880 required signatures for a ballot initiative to authorize $1.5 billion in bonds for the construction, expansion, renovation, and equipping of children's hospitals in California. It will appear on the ballot on November 6, 2018.
  • Funds would provide for the Children's Hospital Bond Act Fund. Interest on the bond would be $1.4 billion over 35 years, bringing the total cost of the bond to $2.9 billion, according to the state's legislative analyst.
  • Voters of California cast ballots on 40 bond issues, totaling $158.829 billion in value, from January 1, 1993, through June 5, 2018. California voters have approved 32 of 40 bond measures they have voted on since 1993—a total of $147.409 billion in bonds.
  • Voters approved a $980 million bond issue initiative for children's hospitals—Proposition 3—in 2008. Proposition 61—an initiative to issue $750 million in bonds for children's hospitals—was approved in 2004.

North Carolina voters will consider adding a Marsy’s Law crime victims rights amendment to their state constitution

  • The North Carolina Legislature became the sixth state to refer a Marsy’s Law amendment to the ballot for the election on November 6, 2018. The amendment was approved 45-1 in the state Senate and 107-9 in the state House.
  • The amendment would provide crime victims with specific rights upon request, including the right to receive reasonable, accurate, and timely notice of court proceedings, the right to be present and reasonably heard at court proceedings, and the right to restitution in a reasonably timely manner when ordered by a court. The amendment would also provide the rights to family members, guardians, or legal custodians of minors, the legally incapacitated, or decreased who were crime victims.
  • In 2018, voters in Nevada, Oklahoma, Florida, Kentucky, and Georgia will also consider Marsy's Law amendments.
  • Going into the election, six states had ratified constitutional amendments known as Marsy's Law. The first was California in 2008, where voters approved the citizen-initiated Proposition 9.
  • As of 2018, a Marsy's Law measure has never been defeated at the ballot box.

Wisconsin ends deference to statutory interpretations made by agencies

  • The Wisconsin Supreme Court issued a decision in Tetra Tech, Inc. v. Wisconsin Department of Revenue that ended the practice of judicial deference to the statutory interpretations made by administrative agencies in the state. Wisconsin is at least the fifth state to take action addressing judicial deference to agencies at the state level.
  • In the context of administrative law, judicial deference applies when a court yields to an agency's interpretation of either a statute that the agency administers or a regulation promulgated by the agency. The United States Supreme Court has established several forms of deference in reviewing federal agency actions and many states have developed their own deference practices.
  • Recent United States Supreme Court decisions, such as Pereira v. Sessions, have raised questions about the future of deference doctrines at the federal level. In Pereira, the court declined to apply Chevron deference—a deference doctrine that instructs federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer. In his concurrence, Justice Anthony Kennedy observed that “it seems necessary and appropriate to reconsider, in an appropriate case, the premises that underlie Chevron and how courts have implemented that decision.”
  • In his opinion for the Wisconsin Supreme Court, Judge Daniel Kelly wrote, "We have also decided to end our practice of deferring to administrative agencies' conclusions of law. However, pursuant to Wis. Stat. § 227.57(10), we will give 'due weight' to the experience, technical competence, and specialized knowledge of an administrative agency as we consider its arguments."
  • In addition to the Wisconsin ruling ending judicial deference, other state examples include the following:
  • The Michigan Supreme Court ended judicial deference to agencies in 2008.
  • Arizona ended the practice through state legislation in April 2018.
  • The Mississippi Supreme Court ended judicial deference to agencies on June 7, 2018.
  • Florida has proposed ending judicial deference to agency interpretations through a constitutional amendment that will appear on the November 6, 2018 ballot.

Federal court rules that 11 Virginia House districts were subject to illegal racial gerrymandering

  • The United States District Court for the Eastern District of Virginia issued a 2-1 ruling in Bethune-Hill v. Virginia Board of Elections, finding that 11 Virginia House of Delegates districts were subject to an illegal racial gerrymander and must be redrawn. The court ordered a deadline of October 30, 2018, for the legislature to draw new lines. The case was reconsidered by the district court after the Supreme Court of the United States remanded it to the lower court based on an appeal arising from the court’s 2015 ruling that the districts were not racially gerrymandered. In the previous 2015 ruling, the court did find one district subject to an illegal racial gerrymander, bringing the total count to 12 districts.
  • Writing for the majority, Judge Barbara Milano Keenan said, "Overwhelming evidence in this case shows that, contrary to this constitutional mandate, the state has sorted voters into districts based on the color of their skin."

Wednesday, June 27

Rhode Island filing deadline

  • The filing deadline passed for major party candidates to run in Rhode Island. Elections on the ballot in 2018 include one U.S. Senate seat, two U.S. House seats, the governor’s office and four other state executive positions, all 38 state senate seats, and all 75 state house seats. Gov. Gina Raimondo (D) is running for re-election. The filing deadline for independent candidates is July 16. The primary is on September 12, and the general election is on November 6, 2018.

Californians to decide ballot measure on whether revenue from 2004 millionaire’s tax can be spent on homelessness prevention housing

  • California Gov. Jerry Brown (D) signed legislation for a ballot measure authorizing the state to use revenue from Proposition 63 (2004)—a 1 percent tax on income above $1 million for mental health services—on $2 million in revenue bonds for homelessness prevention housing for persons in need of mental health services.
  • Both chambers of the state legislature approved referring the ballot measure on June 25, 2018. The vote was 35-0 in the state Senate, and 72-1 in the state Assembly. Rep. Catharine Baker (R-16) was the only legislator to vote against the bill.
  • Proposition 63, approved in 2004, enacted an additional 1 percent tax on incomes of $1 million or greater. Revenue was required to be spent on mental health services and programs. It is estimated to generate $2.23 billion in fiscal year 2018-2019.
  • The California State Legislature previously passed legislation to spend revenue from Proposition 63 on revenue bonds for homelessness prevention housing in 2016. The legislation, however, did not go into effect because of pending litigation over whether revenue from the millionaire's tax could be spent on homelessness prevention housing without voter approval.
  • Unlike general obligation bonds, revenue bonds do not require a public vote in California. This measure was referred to the ballot because the revenue for the bond would come from a tax that was created through a ballot initiative. In California, changes to ballot initiatives require a vote of the public.

Amendment on legislative control over state commission appointments emerges from North Carolina conflict between Gov. Cooper (D) and GOP legislature

  • The North Carolina State Legislature approved a constitutional amendment for the November ballot stating that the legislature controls how appointments to state boards and commissions, including the state elections and ethics board, are made.
  • The proposal is the first constitutional amendment to emerge from the conflict between Gov. Roy Cooper, a Democrat, and the Republican-controlled North Carolina State Legislature. It passed 74-44 in the state House. All Republicans but one voted to approve the bill. Democrats voted against it. In the state Senate, the vote was 32-14. Republicans controlled 35 seats, and 32 of them voted to pass the amendment. Democrats voted to oppose the amendment.
  • Rep. Tim Moore (R-11), the Speaker of the House, said the proposed amendment would make the state elections and ethics board less partisan. He stated, “The elections and ethics oversight process should not be partisan and this constitutional amendment protects the board's impartiality in the strongest possible language.”
  • Ford Porter, spokesman for Gov. Roy Cooper (D), responded to the amendment, saying, "Legislative Republicans are fundamentally rewriting the constitution to exclude all North Carolinians but themselves from making decisions about what is in the best interest of the state. This breathtaking amendment would disrupt the balance of power and destroy careful checks and balances of government, giving Republicans exclusive control over how you can vote, the cost of your energy bill, and the quality of your drinking water."
  • Voters in North Carolina have voted on 10 constitutional amendments, approving all of them, since 1996. The last time North Carolina voters rejected a proposed constitutional amendment was in 1993.

Maine measure certified for ballot: $30 million wastewater bond added to November ballot

  • Gov. Paul LePage (R) signed legislation placing a $30 million bond measure on the November ballot. The ballot measure would authorize $30 million in general obligation bonds for wastewater infrastructure improvements, including $27.65 million for local wastewater treatment facilities and hydrographic modeling in coastal watersheds; $2.00 million to replace malfunctioning septic systems pollute coastal watersheds or cause a public nuisance; and $350,000 to assist homeowners in replacing or fixing substandard or malfunctioning wastewater treatment systems, such as septic tanks, cesspools, and other disposal systems. As of June 30, 2017 (the most recent debt update), Maine had $460.24 million in debt from voter-approved general obligation bonds.

Thursday, June 28

New Mexico filing deadline

  • The filing deadline passed for independent candidates and judicial retention elections in New Mexico. Two seats on the state supreme court and six seats on the state court of appeals are up for election in 2018. Three judges must file for retention in order to remain on the bench. The five other state judicial seats up in 2018 are subject to partisan elections. The general election is on November 6, 2018.

North Carolina measure certified for ballot: voters will decide whether to enact a new process to fill judicial vacancies between elections

  • The North Carolina State Legislature passed a constitutional amendment to create a new process of filling judicial vacancies that occur between judicial elections for state courts. The constitutional amendment will appear on the ballot for the election on November 6, 2018.
  • The new process involves a nine-member commission selecting candidates, legislators narrowing the list of candidates down to two, and the governor selecting the final nominee. As of 2018, the governor fills vacant seats, and the appointee serves until the next judicial election.
  • Members of the nine-member Nonpartisan Judicial Merit Commission would be appointed by the state legislature, governor, and supreme court chief justice.
  • The constitutional amendment emerged out of the conflict between Democratic Gov. Roy Cooper (R) and the Republican-controlled state legislature. As constitutional amendments do not require the governor's signature to go before voters, Gov. Cooper cannot veto the amendment.
  • The North Carolina State Senate approved the amendment, 34 to 13, on June 25, 2018. Republicans, along with one Democrat, voted for the amendment. The remaining Democrats voted against the amendment. In the state House, the vote was 73 to 45 (a roll-call was unavailable as of June 28).
  • Rep. Darren Jackson (D-39), who voted against referring the amendment, said, “This is nothing but a court-packing scheme. Don't try to tell us one thing when your intentions are clearly something else.” Rep. David Lewis (R-53), responded to criticisms of the amendment, saying, “To view this as anything other than a genuine attempt to find a way to fill judicial vacancies is just plain wrong.”

North Carolina measure certified for ballot: voters to decide on ballot measure to cap income tax at 7 percent, rather than the current 10 percent

  • The North Carolina State Legislature approved a constitutional amendment to lower the maximum allowable state income tax rate from 10 percent to 7 percent. As of 2018, the personal income tax rate in North Carolina is 5.499 percent. The amendment will appear on the ballot for the election on November 6, 2018.
  • The state Senate first approved a version of the amendment to cap the rate at 5.5 percent in March. On June 28, 2018, the state House of Representatives amended the top rate cap to 7.0 percent on June 28, 2018, and approved it 73 to 45. The state Senate concurred with the changes.
  • Some Republicans voted against the motion to concur, such as Sen. Tommy Tucker (R-35), who said, “We have a spending problem, therefore with the inability to curtail that at 5.5 percent, I’ll be voting against the motion to concur.” Senate President Phil Berger (R-26) responded to criticism of the decrease, stating, “It would be better if we could cap the income tax at 5.5 percent. I think that would be real progress. But I also think moving the maximum income tax rate from 10 percent to 7 percent is progress, just not as much. That is as far as the House would go.”
  • Public School Forum of North Carolina is opposing the amendment. The organization said, “Once again, we believe the whole concept of tying the state's hands down the road is bad for education, bad for business and bad for NC.”

California to preempt new local soda taxes until 2031 in a compromise to keep an initiative off the ballot that would have required a two-thirds vote of the electorate on all local taxes

  • California Gov. Jerry Brown (D) signed legislation to preempt local soda taxes until 2031 in a compromise to keep an initiative off the ballot that would have required a two-thirds vote of the electorate on all local taxes. The legislation, titled Assembly Bill 1838 (AB 1838), also preempted local taxes on other types of groceries.
  • The bill allows local governments that enacted soda taxes before 2018 to continue to impose them. Albany, Berkeley, Oakland, and San Francisco had passed ballot measures in recent years to impose taxes on soda. Ordinances to enact soda taxes were proposed in Sacramento, Santa Cruz, and Richmond for 2018. Due to AB 1838, these cities won’t be permitted to enact soda taxes until 2031. Assemblyman Richard Bloom (D-5), who voted for the compromise legislation, said, “What on Earth has happened here? If I sound like I am frustrated, angry and disgusted, I am.”
  • The ballot initiative that will no longer go before voters would have required a two-thirds vote of the electorate to approve all local taxes, such as soda taxes. Supporters of the ballot initiative raised $8.25 million as of June 28. More than $7 million was from the American Beverage Association California PAC.
  • Assemblyman Jim Wood (D-2) said the compromise legislation resulted from extortion. He tweeted, “Extortion is the practice of obtaining something through force or threats. That’s what’s happening this week and the bad actors are the beverage industry.” Senate President Toni Atkins (D-39) said that the ballot initiative would have been worse. “We find ourselves under the biggest rock and the smallest hard place,” she said.
  • The ballot initiative qualified for the ballot on June 27, 2018, after proponents collected more than the 585,407 required signatures. Proponents withdrew the ballot initiative on June 28, 2018, which was the deadline to do so.

California initiative withdrawn from November ballot: initiative to allow consumers to block businesses from selling their data withdrawn after legislature passed compromise bill

  • Gov. Jerry Brown signed compromise legislation in exchange for the backers of a ballot initiative to allow consumers to block certain businesses from selling or disclosing the consumer's personal information withdrawing the iniatiative from the ballot.
  • The measure was originally certified for the November ballot on June 25. Both the ballot initiative and compromise legislation allow consumers to request that businesses not share or sell their personal information. The bill also allows consumers to request that a business delete their personal information—something the ballot initiative would not have done. Compared to the ballot initiative, the legislation’s penalties for violations was more limited. Whereas the ballot initiative would have prohibited businesses from treating consumers who opted-out of having their data sold differently, the legislation allows companies to offer services and rates based on the information that consumers allow them to use.

California initiative withdrawn from November ballot: initiative to declare that lead-based paint is not a public nuisance, issue a $2 billion bond withdrawn after legislators agreed to pull bills unfavorable to initiative donors

  • On June 26, Secretary of State Alex Padilla said his office received enough signatures for a ballot initiative to authorize $2 billion in general obligation bonds for remediation projects, declare that lead-based paint is not a public nuisance, and eliminate liabilities of lead-paint manufacturers for claims pending after November 1, 2017.
  • On June 28, initiative sponsors withdrew the ballot initiative after legislators agreed to put on hold bills that would have penalized the funders of the ballot initiative—ConAgra Grocery Products and the Sherwin-Williams Company.
  • The bond revenue would have been used to remediate mold, asbestos, radon, water, pests, ventilation, lead, and other hazards. Interest on the bond would be $1.9 billion over 35 years, bringing the total cost to $3.9 billion, according to the state's legislative analyst.
  • The ballot initiative would have also declared that lead-based paint is not a public nuisance and eliminate the liability of lead-paint manufacturers for claims pending on or after November 1, 2017. It would have overturned the November 14, 2017, court ruling in People of California v. Conagra et al., which found three companies—ConAgra Grocery Products, NL Industries, and the Sherwin-Williams Company—liable in the creation of a public nuisance and required them to make payments to the state to remediate lead-based paint.

California initiative added to November ballot: voters will decide whether the legislature can establish year-round daylight saving time

  • Gov. Jerry Brown (D) signed a piece of legislation for a ballot measure to allow the legislature to establish year-round daylight saving time (DST) through a two-thirds vote. Congress would also need to approve the change before California could enact permanent DST. The measure will appear on the ballot on November 6, 2018.
  • The ballot measure needs to go before voters because state law requires that voters get to determine whether to change a voter-approved ballot initiative. In this case, voters will be deciding whether to repeal Proposition 12, a ballot initiative approved in 1949. Proposition 12 established DST in California. Rep. Kansen Chu (D-25), the legislative sponsor of the measure, described DST as an "outdated practice of switching our clocks in the fall and spring.” Rep. Chu also said, “We started this practice [DST] to conserve energy during wartime, but studies show that this is no longer the case. We are no longer saving energy, and studies have shown this practice increases risk of heart attacks, traffic accidents and crimes. It is time that we as a state reconsider whether this is still beneficial to our residents.” Sen. Jim Nielsen (R-4), took an opposing stance, saying, "It’s fixing something that is not broken. Our society has acculturated itself to Daylight Savings Time. I think it would create too much confusion to change it again."
  • As of 2018, the federal Uniform Time Act authorizes states to adopt DST. The Uniform Time Act also allows them to reject DST, and some states and territories have, including Arizona, Hawaii, American Samoa, Guam, Puerto Rico, and the Virgin Islands. The Uniform Time Act does not, as of 2018, authorize any states to adopt year-round DST.

NYC Council speaker endorses progressives in state Senate primaries

  • Two days after U.S. Rep. Joe Crowley (D) was defeated by Alexandria Ocasio-Cortez in his primary, New York City Council Speaker Corey Johnson endorsed four progressives challenging former members of the state Senate’s Independent Democratic Conference (IDC). He said the endorsements were not related to Crowley’s defeat. Crowley, the head of the Queens County Democratic Party, had backed Johnson in his bid to be city council speaker in early 2018.
  • Johnson joins New York City Comptroller Scott Stringer in supporting the progressives over the former IDC members. However, Gov. Andrew Cuomo (D) and state Senate Democratic Leader Andrea Stewart-Cousins have pledged to support the incumbents due to a truce they brokered in early April. The truce stated that the IDC members would end their alliance with Senate Republicans and rejoin the mainline Democrats if no incumbent state senators backed the primary challengers. The IDC rejoined the Democrats after the truce, but state Sen. Simcha Felder (D) continued his alliance with the GOP, giving them an effective 32-31 majority.
  • Progressives are challenging the former IDC members because their alliance with Republicans kept mainline Democrats out of power in the Senate, despite them having a numerical majority after the 2012 and 2016 elections. The IDC members say they aligned with Republicans to promote effective bipartisan government.

Tom Steyer puts $1 million behind Andrew Gillum (D) in Florida governor’s race

  • Billionaire Tom Steyer endorsed Tallahassee Mayor Andrew Gillum (D) in the Florida gubernatorial Democratic primary. He also announced that his progressive advocacy group, NextGen America, would put $1 million behind Gillum, with $500,000 being donated to Gillum’s political committee, Forward Florida, and $500,000 going directly into digital advertising and field organizing.
  • Gillum is in a five-candidate primary that features three candidates who are independently wealthy—former Miami Beach Mayor Philip Levine, businessman Chris King, and billionaire real estate investor Jeff Greene—and another, former U.S. Rep. Gwen Graham, who has access to family wealth. Gillum has cast himself as the progressive in the race, saying he supports the legalization of marijuana and a single-payer healthcare system. The Collective PAC, which was founded to elect black candidates, said it would put $1.5 million behind him.
  • Leading most polls are Levine, who has spent more than $10 million into television ads, and Graham, who is backed by a large number of federal and state Democratic officials from Florida. The primary will be held August 28.

NAACP files suit to overturn Connecticut state legislative district plan

  • The NAACP, in conjunction with five Connecticut voters, filed suit in federal district court, alleging that Connecticut's state legislative district plan violates the Amendment XIV, United States Constitution by counting prison inmates as residents of their incarceration facilities as opposed to their pre-incarceration addresses for redistricting purposes. In their initial court filing, submitted to the United States District Court for the District of Connecticut, the plaintiffs contended that this practice "impermissibly inflates the voting strength of predominantly white voters residing in certain Connecticut House and Senate districts, as compared to the voting strength of persons residing in all other House and Districts." The plaintiffs further alleged that "by counting prisoners in the districts where they are imprisoned instead of their pre-incarceration residences, prison gerrymandering dilutes the votes of residents in their home communities, who are disproportionately African-American and Latino, as compared to residents in other communities and districts."
    • Four states count prison inmates as residents of their pre-incarceration districts as opposed to their incarceration districts: California, Delaware, Maryland, and New York. The remaining states (including Connecticut) count prison inmates as residents of the districts in which they are incarcerated.

Friday, June 29

North Carolina measure certified for ballot: measure to require voters to present a photo ID to vote in person

  • The North Carolina Voter ID Amendment was certified for the November ballot. The measure passed both the state House and state Senate by the more minimum required 60 percent vote necessary for a legislatively referred constitutional amendment to go before voters. Republicans in both chambers supported the amendment, while Democrats voted against the amendment. It will ask voters whether they are for or against a "Constitutional amendment to require voters to provide photo identification before voting in person."
  • As of June 2018, North Carolina did not require voter identification to vote in person. In 2013, the state legislature passed a law requiring voter identification. The United States Court of Appeals for the 4th Circuit struck down the state's photo ID requirement, ruling that the state legislature had enacted the requirement with racially discriminatory intent. On May 15, 2017, the Supreme Court of the United States declined to hear the state's appeal, letting the Fourth Circuit's decision stand. The ballot measure would make North Carolina the 35th state with a voter identification law and the 18th state to require photo identification.

Special Elections

As of this week, 80 state legislative special elections have been scheduled or held in 25 states. Elections have been held for 21 Democratic seats and 43 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:

July 31

August 7

Local Politics: The Week in Review

Elections Update

Monday, June 25

Illinois filing deadline for independent and new party candidates

  • The Illinois statewide filing period for independent and new party candidates began on June 18 and ended on June 25, 2018. To appear on the general election ballot, independent and new party candidates had to file a certain number of nominating papers based on the number of voters who voted in the previous election.

Tuesday, June 26

Colorado primary review

  • Colorado’s statewide primary was held on June 26. Ballotpedia covered elections for seven U.S. House seats, governor and 10 additional state executive seats, 17 state senate seats, and all 65 state house seats. Ballotpedia also covered municipal elections in Adams County, Arapahoe County, and El Paso County. The general election will be held on November 6, 2018.

Maryland primary review

Oklahoma primary review

  • Oklahoma held its statewide primary on June 26. Ballotpedia covered elections for five U.S. House seats, governor and eight additional state executive seats, 24 state senate seats, and all 101 state house seats. Ballotpedia also covered municipal elections in the following municipalities: Canadian County, Cleveland County, Oklahoma City, Oklahoma County, Osage County, Tulsa, and Tulsa County. The general election will be held on November 6, 2018.

Utah primary review

Thursday, June 28

TitleHall wins Nashville Metro Council special runoff election

  • Jonathan Hall defeated Judy Cummings in tonight’s special runoff election for the District 1 seat on the Nashville Metro Council in Tennessee, taking 58 percent of the vote. Hall had finished first among five candidates in the special election held for this seat on May 24, 2018, but a runoff was required because he did not receive a majority of the vote. The special election was necessary after former council member Nick Leonardo resigned the seat in January 2018 to become a county judge. Hall will serve until Nashville’s next regular municipal elections in August 2019.

Friday, June 29

Idaho filing deadline

  • The candidate filing deadline for school board elections in Idaho passed. In 2018, Ballotpedia is covering school board elections in the Boise School District in Ada County. Three seats are up for election on the board this year. The general election will be held on September 4, 2018.

North Carolina filing deadline

  • The candidate filing deadline for local judgeship elections in North Carolina passed. In 2018, Ballotpedia is covering elections for local judges in Durham County, Forsyth County, Mecklenburg County, and Wake County. The general elections will be held 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

Monday, July 2

Indiana independent and write-in filing deadline

  • The filing deadline to run as an independent or write-in candidate in Indiana’s statewide general elections will pass. The election will be held on November 6, 2018. Ballotpedia is covering elections for one U.S. Senate seat, nine U.S. House of Representatives seats, three state executive positions, 25 state senate seats, and all 100 state house seats. The filing deadline for major party candidates was February 9 and the primary was on May 8.
    • There are also retention elections for judges on the Indiana Supreme Court as well as the Indiana Court of Appeals and municipal elections in Allen County and Marion County.

Thursday, July 5

Filing deadline for Michigan Supreme Court incumbent justices

  • Michigan Supreme Court incumbents hoping to serve another term have until July 5 to submit an affidavit of identity and an affidavit of candidacy to appear on the November general election ballot. Supreme Court candidates will then be nominated by political parties instead of holding a primary. Democratic, Republican, and Libertarian conventions will be held between August 15 and September 1. Candidates for secretary of state, attorney general, state board of education, and state boards of regents will also be nominated at that time.
Sessions 6 29 2018.png
Trifectas-3-2-18.png

Local Politics: What's On Tap Next Week

Monday, July 2

Indiana independent and write-in filing deadline

  • The filing deadline to run as an independent or write-in candidate in Indiana’s statewide general elections will pass. The election will be held on November 6, 2018. Ballotpedia is covering elections for one U.S. Senate seat, nine U.S. House of Representatives seats, three state executive positions, 25 state senate seats, and all 100 state house seats. The filing deadline for major party candidates was February 9 and the primary was on May 8.
    • There are also retention elections for judges on the Indiana Supreme Court as well as the Indiana Court of Appeals and municipal elections in Allen County and Marion County.


About

The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Back to top • More articles

Retrieved from "https://ballotpedia.org/wiki/index.php?title=The_State_and_Local_Tap:_It’s_official;_Californians_will_vote_on_12_ballot_measures_in_November&oldid=7967582"