Everything you need to know about ranked-choice voting in one spot. Click to learn more!

The State and Local Tap: October 16, 2021

From Ballotpedia
Jump to: navigation, search

Our weekly summary of state & local news highlights Texas and Arkansas enacting policies allowing people to opt out of COVID-19 proof-of-vaccination requirements and voters flipping an Iowa House seat to Republican. Read all about it in this week’s edition of the State & Local Tap.

Voters flip Iowa House seat to Republican in Oct. 12 special election

A special general election was held for Iowa House of Representatives District 29 on Oct. 12. Jon Dunwell (R) won the special election with 2,820 votes, defeating Steve Mullan (D). 

The special election was called after Wesley Breckenridge (D) resigned to take a job with the Iowa Law Enforcement Agency on Sept. 10. Breckenridge served from 2017 to 2021. Breckenridge defeated Dunwell for the House District 29 seat in the November 2020 election. 

This was the third state legislative special election held in Iowa in 2021. A special election for Senate District 41 was held on Jan. 26 and another for House District 37 on Sept. 14.

As of Oct. 13, three seats flipped as a result of state legislative special elections. Connecticut State Senate District 36 flipped from Democratic to Republican in an Aug. 17 election and New Hampshire House of Representatives District Hillsborough 7 flipped from Republican to Democrat in a Sept. 7 election. 

Special election primary to be held in New Hampshire House district

A special election primary is being held on Oct. 19 for the Rockingham 6 District of the New Hampshire House of Representatives. Thomas Cardon, Jodi Nelson, and Neil Wetherbee are running for the Republican nomination. Mary Eisner is unopposed in the Democratic primary. The general election is taking place on Dec. 7, and the winner of the special election will serve until December 2022.

The seat became vacant on Aug. 5 after Anne Copp (R) moved out of the district. Copp was first elected to the seat in November 2020.

Heading into the special election, Republicans have a 207-188 majority in the New Hampshire House with five vacancies. New Hampshire has a Republican state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

As of October, 64 state legislative special elections have been scheduled for 2021 in 21 states. Between 2011 and 2020, an average of 75 special elections took place each year. New Hampshire held 29 state legislative special elections from 2011 to 2020.

Virginia Redistricting Commission misses initial redistricting deadline

The Virginia Redistricting Commission did not meet its initial Oct. 10 deadline to complete a legislative redistricting plan as specified in state law. The commission now has an additional 14 days to submit a legislative redistricting proposal which the General Assembly can only approve or reject without making amendments. 

If the commission does not reconvene to draft legislative maps, or if the maps they submit to the General Assembly are rejected, the authority to create new districts passes to the Virginia Supreme Court, which as of October 2021 was composed of a majority of judges that Republican governors appointed. Virginia is conducting redistricting this year under a new process that state voters approved in 2020 which established a 16-member commission of eight legislators and eight citizens.

Back-up commission formed to perform redistricting in Connecticut

In Connecticut, a nine-member Reapportionment Commission was formed to perform congressional and state legislative redistricting. The commission was created after the legislature’s Reapportionment Committee failed to meet its Sept. 15 deadline to adopt a redistricting plan, due to delays in the release of census data. The Commission consists of eight members appointed by the majority and minority leaders of each chamber of the legislature; the ninth member is selected by the eight previously selected commissioners. Maps drawn by the Reapportionment Commission must be supported by at least five commission members and are not subject to legislative approval. The Commission must complete redistricting by Nov. 30, and if they are unable to, the Connecticut Supreme Court will assume responsibility for drawing new congressional and legislative district boundaries.

Beth Barts, subject of Loudoun County school board recall effort, resigns from office

Beth Barts, the Leesburg District representative on the Loudoun County Public Schools school board in Virginia, announced her resignation from office on Oct 15. Her resignation will be effective Nov. 2.

Barts was the subject of a recall effort that included five other members of the board. Her petition was the first one filed with the Loudoun County Circuit Court. At a pre-trial hearing on Oct. 5, the circuit court judge ruled that the petition could advance to a full trial. The judge also granted the recall petitioners' request to appoint a special prosecutor. Stafford County Commonwealth’s Attorney Eric Olsen (R) was appointed to serve in that position.

In her resignation announcement, Barts said, “This was not an easy decision or a decision made in haste. After much thought and careful consideration, it is the right decision for me and my family.” Her attorney said he expected the recall case against her to be declared moot. He said if she had fought against the case, he expected her to have won.

Recall supporters said they launched the effort due to school board members' involvement in a private Facebook group. They said the board members' involvement in the group was a violation of Virginia’s Freedom of Information Act as well as the school board’s Code of Conduct because the members discussed public matters in a private setting. Recall supporters also alleged that the district was using Critical Race Theory in its employee training and student curriculum, which they opposed.

Interim Superintendent Scott Ziegler said the district uses a Culturally Responsive Framework that “speaks to providing a welcoming, affirming environment and developing cultural competence through culturally responsive instruction, deeper learning, equitable classroom practices and social-emotional needs for a focus on the whole child.” He said the district did not use Critical Race Theory in its staff training or student curriculum.

In Virginia, recall efforts are determined in circuit court rather than at the ballot box. Virginia also requires certain reasons to be met for a recall to move forward, including neglect of duty, misuse of office, incompetence, or conviction of misdemeanors related to drugs or hate crimes. Recall supporters must collect signatures ​​equal in number to 10% of the votes cast in the last election for that office. The recall effort against Barts needed 1,176 signatures. Recall supporters announced they collected 1,860. They submitted the petition signatures on Aug. 25.

Barts was first elected to a four-year term on the board on Nov. 5, 2019. She received 54.8% of the vote and defeated one other candidate. Though school board elections are nonpartisan, Barts is supported by the Loudoun County Democratic Committee.

Ballotpedia has tracked 81 school board recall efforts against 209 board members so far in 2021—the highest number of school board recall efforts we have ever tracked in one year. The next-highest year was in 2010 with 38 recall efforts against 91 school board members.

Texas, Arkansas enact policies allowing people to opt out of COVID-19 proof-of-vaccination requirements

On Oct. 11, Texas Gov. Greg Abbott (R) issued an order prohibiting public and private organizations and businesses from requiring customers or employees to get a COVID-19 vaccine if they object on personal, religious, or medical grounds. 

Abbott’s order is the second one he has issued that restricts proof-of-vaccination requirements in the state. Earlier, on April 6, Abbott issued an order prohibiting government agencies, businesses, and institutions that receive state funding from requiring people to show proof that they received a coronavirus vaccine. 

Abbott also signed Senate Bill 968 on June 7. That law prohibits government agencies and businesses from requiring proof of vaccination to receive services or enter the premises.

On Oct. 13, Arkansas Gov. Asa Hutchinson (R) allowed Senate Bill 739/House Bill 1977 to become law without his signature. The law requires employers to allow workers to opt out of vaccine requirements if they undergo weekly COVID-19 testing or prove they've had a prior infection. The law was scheduled to take effect 90 days after enactment.

Twenty states have banned proof-of-vaccination requirements. All 20 states—Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming—have Republican governors. In total, 20 out of the 27 states with Republican governors have prohibited proof-of-vaccination requirements through executive orders or legislation.

Ballot Measures Update

Thirty-nine statewide measures have been certified for the 2021 ballot in nine states so far.

  • Statewide measures for 2021 are finalized. No new measures are expected to be added to the ballot.
    • 24 measures are on the Nov. 2 ballot.
    • 4 measures are on the Nov. 13 ballot.
    • 4 measures were on the ballot on May 18 in Pennsylvania. They were approved.
    • 7 bond measures were on the ballot on March 2 in Rhode Island. They were approved.

Sixty statewide measures have been certified for the 2022 ballot in 29 states so far. 

  • No new measures were certified for the 2022 ballot last week.

Local Ballot Measures: The Week in Review

In 2021, Ballotpedia is providing comprehensive coverage of elections in America's 100 largest cities by population and all state capitals. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections, as well as all local ballot measures in California and a selection of notable local ballot measures about elections and police-related policies. Recent and upcoming local ballot measure elections are listed below:

  • Oct. 5 - Alaska: Voters in Juneau approved a 3% sales tax renewal measure.
  • Oct. 12 - Nebraska: Voters in the Ralston Public Schools District and the Westside Community Schools District approved a $83.75 million bond issue and a property tax measure, respectively.

Special Elections

Sixty-four state legislative special elections have been scheduled in 21 states so far this year. Forty-three specials have taken place already. Heading into those races, Democrats had previously controlled 20 of the seats, and Republicans previously controlled 23. Two seats flipped from Democratic control to Republican control, and one seat flipped from Republican control to Democratic control.

  • In special elections between 2011 and 2020, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
  • An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
  • An average of 88 seats were filled through special elections in each of the past five odd years (2011: 94, 2013: 84, 2015: 89, 2017: 98, 2019: 77).

Upcoming special elections include:

Oct. 19

Oct. 26

Nov. 2

States in session

Seven state legislatures—Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and Wisconsin—are in regular session.

Retrieved from "https://ballotpedia.org/wiki/index.php?title=The_State_and_Local_Tap:_October_16,_2021&oldid=8570588"