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The State and Local Tap: Our last primary wrap-ups of the cycle

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September 14, 2018Issue No. 130

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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:

  • The last pending statewide measures have been certified; voters in 38 states will decide 153 statewide ballot measures in November. Although no more measures are going through the regular process to qualify for the ballot, court cases are still pending that could remove certain measures or allow certain measures that were previously removed to go back on the ballot. A total of 166 statewide ballot measures were certified for 2018 ballots, but 12 were decided at pre-November elections. Of the 154 measures on the ballot in November, 65 are citizen-initiated measures.
    • By this time in 2014, 158 measures had been certified for the 2014 ballot, and that was the final number. By this time in 2016, 165 measures had been certified for the 2016 ballot; ultimately, three measures were removed from the ballot after the second week in September, leaving 162 statewide measures on the ballot in 2016.
    • No additional measures are pending signature verification.
    • Notable trends for 2018 include redistricting and election policy, marijuana, Medicaid expansion and healthcare, energy, restrictions on taxes, abortion, and minimum wage.
    • So far, at least $459.8 million has been contributed to support and opposition campaigns for 2018 statewide ballot measures, with the largest amounts in California and Florida.
  • In the last week, three statewide measures were certified for the ballot or added back to the ballot by a court decision. Four measures were removed from the ballot by court rulings.
  • According to reports available as of September 12, 2018, the following 10 states featured the most in ballot measure campaign contributions:
    • California - $183,381,831.37 in contributions
    • Florida - $74,376,439.83 in contributions
    • Nevada - $34,804,641.14 in contributions
    • Missouri - $30,974,841.69 in contributions
    • Arizona - $29,283,569.24 in contributions
    • Washington - $22,568,752.66 in contributions
    • Massachusetts - $15,878,503.12 in contributions
    • Montana - $13,013,824.12 in contributions
    • Alaska - $10,290,920.67 in contributions
    • Oregon - $9,217,978.19 in contributions
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Monday, September 10

Bernie Sanders endorses Zephyr Teachout in NY AG Democratic primary

  • Law professor Zephyr Teachout picked up an endorsement from U.S. Sen. Bernie Sanders (I-Vt.) in the New York Attorney General Democratic primary. Gubernatorial candidate Cynthia Nixon, 14th District candidate Alexandria Ocasio-Cortez, and groups like Our Revolution and the Progressive Change Campaign Committee also endorsed her.
  • Sanders’ endorsement of Teachout came the same day Siena College released a poll showing Teachout trailing U.S. Rep. Sean Patrick Maloney and New York City Public Advocate Tish James. Maloney received 25 percent, James received 24 percent, and Teachout received 18 percent. The margin of error was 4.3 percentage points. A Maloney-allied satellite group also launched a $100,000 digital ad campaign against Teachout over the weekend. The other candidates began to focus their criticisms on Teachout after The New York Times endorsed her in late August.
  • Teachout and Maloney have positioned themselves as outsiders willing to break with the Democratic Party and investigate allegations of public corruption in Gov. Andrew Cuomo’s (D) administration. James, meanwhile, was endorsed by Cuomo and the Democratic Party of New York shortly after entering the race. The seat became open in May when incumbent Eric Schneiderman (D) resigned over allegations that he abused women. Schneiderman denied the allegations.

Tuesday, September 11

New Hampshire primary review

  • New Hampshire held its statewide primary on September 11. Ballotpedia covered elections for two U.S. House seats, six state executive positions including governor and all five seats on the state executive council, all 24 state senate seats, and all 400 state house seats. The primary winners advanced to the general election that will be held on November 6, 2018.

Impeachment trial dates set in proceedings against West Virginia Supreme Court justices

  • The West Virginia State Senate held a pretrial hearing as part of the impeachment proceedings against the state's four active supreme court justices.
  • Senators rejected a motion to adopt a censure resolution against Justices Beth Walker and Margaret Workman. The resolution would have required the justices to accept and acknowledge the problems identified during the proceedings, take responsibility for their role, and commit to continuing the process of establishing and implementing preventative policies. In exchange, the charges would have been dropped.
  • Del. John Shott (R) said he thought the resolution was fair, necessary, and would be "a good first step to rebuilding the trust" in the judiciary. Sen. President Mitch Carmichael (R) said senators needed to hear evidence before they could vote on the resolution.
  • The Senate also rejected a motion, 15-19, from Senate Judiciary Chairman Charles Trump (R) to remove Justice Robin Davis from the impeachment trials. Trump argued Davis' resignation meant she no longer qualified to be tried. Sen. Robert Karnes (R) said Davis should be tried to prevent her from serving as a senior status judge, should she be found guilty. Sen. Craig Blair (R) said, "We want to make sure that, if the judge is guilty, they can’t run for office again." He also said he wanted Davis to have an opportunity to dispute the charges.
  • Acting Chief Justice Paul Farrell set trial dates for Justices Davis, Loughry, Walker, and Workman. They are:
    • October 1: Justice Walker
    • October 15: Justice Workman
    • October 29: Justice Davis
    • November 12: Justice Loughry.
  • All of the justices denied the charges against them. The Senate adjourned until Walker's trial on October 1.
  • Ballotpedia staff discussed the situation with the West Virginia State Supreme Court in a wbinar that you can watch here.

The Detroit News/WDIV-TV poll: Michigan Proposal 1 (marijuana legalization) has support and one-third undecided on Proposal 2 (independent redistricting commission)

  • The Detroit News and WDIV-TV released a poll that surveyed 600 likely voters between September 5 and September 7 on Michigan Proposal 1 and Proposal 2. The poll had a margin of error of 4 percentage points.
  • Proposal 1, which would make Michigan the first state in the Midwest to legalize recreational marijuana, received support from 56 percent of respondents, while 38 percent opposed and 6 percent were undecided. Jonathan Oosting of The Detroit News said age was the most predictive variable of whether a respondent supported or opposed Proposal 1. He said, "Just 37 percent of voters over the age of 65 said they support legalization compared with 79 percent for 18-29 year olds and about 72 percent for 30-39 year olds."
  • The poll’s respondents were more divided on Michigan Proposal 2, which would transfer the power to draw the state's congressional and legislative districts from the state legislature to an independent redistricting commission. The ballot initiative would require four of the commissioners to be Democrats, four to be Republicans, and five to be independents or members of third parties. Proposal 2 had a 38 percent plurality in the poll, with 31 percent opposed and 31 percent undecided.

Wednesday, September 12

Rhode Island primary review

  • Rhode Island held its statewide primary on September 12. Ballotpedia covered elections for one U.S. Senate seat, two U.S. House seats, five state executive positions including governor and lieutenant governor, all 38 state senate seats, and all 75 state house seats. The primary winners advanced to the general election that will be held on November 6, 2018.
    • Raimondo wins Democratic nomination in RI gubernatorial primary
      • Incumbent Gov. Gina Raimondo defeated former Secretary of State Matt Brown and state Rep. Spencer Dickinson in Rhode Island's Democratic gubernatorial primary.
      • Brown was backed by progressive groups such as Our Revolution RI and Justice Democrats. Raimondo was endorsed by former Vice President Joe Biden (D) as well as several local unions and town Democratic committees.
      • Raimondo campaigned on the decreased unemployment rate and job gains in the state during her tenure, which she attributed in part to the implementation of tax credits for businesses. Brown described Raimondo's economic policies as corporate socialism and called for raising taxes on large corporations.
      • Raimondo faces Allan Fung (R) in November.
    • Mckee wins in LG Democratic primary
      • Incumbent Lt. Gov. Daniel McKee (D) defeated state Rep. J. Aaron Regunberg (D) in the Democratic lieutenant gubernatorial primary by a margin of fewer than 2500 votes with all but one precinct reporting.
      • Regunberg challenged McKee from the left and was endorsed by Sen. Bernie Sanders (I) in the final week of the campaign.
      • Mckee had the backing of the state party and highlighted efforts to combat the opioid crisis and provide workforce training dollars to small business as examples of successes during his tenure.
      • He will again run on a joint ticket with Gov. Gina Raimondo (D) in the general election.
    • State party, incumbents square off in state legislative Democratic primaries
      • In the Rhode Island state legislative primaries, the Democratic Party of Rhode Island and some local committees opposed Democrats incumbents supportive of legalized abortion.
      • State Sen. Jeanine Calkin lost to a state party-backed challenger, while state Rep. Marcia Ranglin-Vassell beat back a local party-endorsed challenger. State Rep. Moira Walsh defeated a challenger who the state party initially endorsed but later withdrew support for.
      • Other incumbents defeated were state Rep. Ramon Perez, who missed out on the state party's endorsement, and state Sen. Paul Jabour, who lost to activist Samuel Bell.

South Dakota governor signs two bills related to online sales tax

  • Gov. Dennis Daugaard (R) signed two bills the South Dakota State Legislature approved the same day in a special session.
  • Senate Bill 1 (SB 1) passed the state Senate 30-3 and the state House 62-4. SB 1 authorized the state to begin collecting sales taxes from remote online sellers who complete more than $100,000 in online sales in the state. The bill will go into effect November 1.
  • Senate Bill 2 (SB 2) passed the state Senate 30-3 and the state House 60-6. It requires online marketplace providers like eBay to collect sales taxes for third-party vendors using their platforms. It will go into effect in March 2019.
  • The bills followed a June SCOTUS ruling in South Dakota v. Wayfair, Inc. SCOTUS decided states could collect sales taxes from companies that did not have a physical presence in the state. As of September 2018, 33 states had some form of law, directive, or regulation to collect sales taxes from out-of-state sellers. Of those, seven states had a July 1, 2018, implementation date; 13 had an October 1 date; five had a January 1, 2019, date; four states had some other implementation date and four states had pre-Wayfair implementation dates.

Missouri State House approves two bills in special session

  • The Missouri House of Representatives approved two special session bills.
    • House Bill 2 (HB 2): The House approved HB 2, 141-1. HB 2 would allow circuit courts to establish drug treatment courts.
    • House Bill 3 (HB 3): The House passed HB 3, 119-23. HB 3 would allow high school computer science classes to count as math, science, or practical arts credits needed for graduation. It would also create a program to promote STEM career awareness.
    • Both bills advanced to the state Senate.
  • HB 2 and HB 3 were revised versions of two bills Gov. Mike Parson (R) vetoed after the regular session. Parson said the original version of HB 2 violated state law on changing bill purposes and including multiple subjects. He also disagreed with a provision on judicial pensions. Parson said the regular-session version of HB 3 would have directed the STEM career awareness program towards one company. He did not specify the company.

Thursday, September 13

New York primary review

  • New York held its statewide primary on September 13. Races on the ballot included governor and lieutenant governor and two other state executive positions, all 63 state senate seats, and all 150 state assembly seats. Ballotpedia is also covering local elections in Buffalo, New York, and Erie County. Congressional primaries were held on June 26. The general election will be held on November 6.
    • New York Gov. Andrew Cuomo beat back a primary challenge from actress Cynthia Nixon, who cast herself as progressive alternative to Cuomo. Cuomo highlighted his governing record, including increases in the minimum wage and the legalization of same-sex marriage. Nixon, meanwhile, said Cuomo governed as a fiscal conservative and was responsible for issues with the New York City subway system.
    • Incumbent Kathy Hochul defeated New York City Councilman Jumaane Williams in a separate primary for lieutenant governor. Hochul was aligned with Cuomo and emphasized the administration’s governing record and experience. Williams campaigned with Nixon and presented himself as more progressive than Hochul.
    • New York City Public Advocate Letitia “Tish” James won the Democratic primary to replace Eric Schneiderman (D) as attorney general. She defeated law professor Zephyr Teachout, U.S. Rep. Sean Patrick Maloney, and former Hillary Clinton aide Leecia Eve.
    • Six of the eight Independent Democratic Conference (IDC) members in the New York State Senate, including IDC founder Jeff Klein, were defeated in their primaries by progressive challengers. The defeats come five months after the IDC agreed to end its alliance with Senate Republicans and rejoin the Senate Democratic caucus. The IDC kept Senate Republicans in control of the chamber even when Democrats won more seats in the chamber in the 2012 and 2016 elections.

Friday, September 14

Judge orders Missouri Amendment 1—concerning lobbying laws, campaign finance limits, and legislative redistricting—off the 2018 general election ballot

  • Judge Daniel Green of the Cole County Circuit Court ordered Missouri Amendment 1 to be removed from the general election ballot. Judge Green said Amendment 1 violated the state’s single-subject rule, which says that ballot initiatives "shall contain not more than one subject.”
  • Amendment 1 would make changes to the state's lobbying laws, campaign finance limits for state legislative candidates, and legislative redistricting process. Clean Missouri, the PAC behind Amendment 1, said the measure's policies relate to one subject—ethics. Judge Green, however, said Amendment 1’s substantive changes relate to “at least two different and extremely broad purposes: (One), the organization of the General Assembly, and (two), ethics or campaign finance regulation aimed at avoiding misconduct by public officials in multiple branches and levels of government.”
  • Clean Missouri's lawyer Chuck Hatfield said the group would appeal immediately. Hatfield stated, "We have always thought that this legal matter would be decided at the Appeals Court level. This is a speed bump, but the law is on our side, the people are on our side, and Amendment 1 will be passed in November to clean up Missouri politics.” Clean Missouri sent an e-mail to supporters that said "[Judge Green] sided with lobbyists and special interests who are desperate to keep Amendment 1 off the November ballot.”
  • Missouri GOP spokesperson Chris Nuelle responded to the ruling, saying, "From the beginning, Clean Missouri has used the guise of ethics reform and sleek marketing to distract Missourians from their real aim: radically redistricting Missouri to solely benefit liberal Democrats."
  • An appeal of Judge Green’s ruling would go to the Missouri Court of Appeals, Western District. Typically, a three-judge panel, rather than all 11 judges of the appeals court district, hear and decide a case. Of the 11 judges on the Court of Appeals, Western District, former Democratic governors appointed 9 of 11. Former Republican governors appointed 2 of 11. Judge Green was elected to the Cole County Circuit Court as a Republican.

Special Elections

As of this week, 93 state legislative special elections have been scheduled or held in 26 states. Elections have been held for 22 Democratic seats and 45 Republican seats. Ten 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:

November 6

Local Politics: The Week in Review

Elections Update

Tuesday, September 11

Three city officials recalled in Toledo, Oregon

  • A recall election was held in Toledo, Oregon, against Mayor Billie Jo Smith, Councilor Terri Strom, and Councilor Deanne Dunlap. Residents voted to remove all three members from office. Each recall election had about 54 percent of voters approving the recalls. Recall organizers had accused the three officials of questionable personnel practices, fiscal irresponsibility, and failing to recognize errors in the city's budget. The recall effort was initiated after the firing of the city fire chief.

Thursday, September 13

New York primary review

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, September 17

Filing deadline for Mississippi House special elections

  • The filing deadline will pass to qualify for two special elections to fill the vacant Mississippi House District 31 and House District 85 seats. In District 31, Rep. Sara Thomas (D) resigned on June 30, 2018, after having held the position for over two decades. In District 85, Rep. Chuck Middleton (D) resigned in September 2018 after also serving more than two decades. Both special elections will correspond with the general election held on November 6, 2018. If necessary, a runoff election will be held on November 27, 2018. The winners will serve the remainder of the four-year terms in their respective districts through January 2020.

Tuesday, September 18

Texas special election runoff

  • A special runoff election between Pete Gallego (D) and Peter Flores (R) will take place for Texas State Senate District 19. Flores and Gallego defeated six other candidates in the special election on July 31, 2018, to advance to the runoff election. The election is being held to replace state Sen. Carlos Uresti (D), who resigned from the state senate on June 18, 2018. This was four months after he was found guilty of charges related to bribery surrounding a government contract and charges of wrongdoing.

Wednesday, September 19

Learn how to navigate Cal-Access

  • Every year, voters in California decide state and local ballot measures on as many as a dozen different election dates. A central piece of reporting on these ballot measures involves the online political disclosure system Cal-Access. In this webinar, Ballotpedia's ballot measure experts will walk you through how to use Cal-Access to get the answers you need for your reporting. The registration fee for this webinar is $10. Reserve your spot here.
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Local Politics: What's On Tap Next Week

Tuesday, September 18

Colorado recall election in Englewood

  • In Colorado, a recall election will be held on the question of whether to remove Englewood City Councilmember Laurett Barrentine from office. The recall effort was initiated in April 2018 and supporters turned in a sufficient number of signatures to get the election on the ballot. Should the recall against Barrentine be successful, the city charter requires another special election to fill the vacant seat.
    • Supporters of the recall election include two former Englewood mayors, Jim Woodward and Randy Penn. They claim that Councilmember Barrentine is a bully, an obstructionist, and unprofessional.
    • Barrentine, who was elected in 2015, believes she's being targeted for not being of the same mindset of previous city leaders.


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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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