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The State and Local Tap: Previewing the midterm cycle's legislative special elections

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December 15, 2017Issue No. 93

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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

2017:

  • In 2017, 27 statewide measures were certified for ballots in nine different states. This is the lowest number of statewide ballot measures to be certified for the ballot in 70 years—since 1947 when there were 23 statewide measures. Overall, 21 measures were approved, and six were defeated—counting the advisory votes in Washington for which a majority of voters advised repealing the three tax bills presented to them. In 2015, a below-average 28 measures were certified for the ballot. In 2013, there were 31 measures on the ballot. From 1987 through 2015, the average number of measures on the ballot in odd-numbered years was 51 in an average of 11 states. Since 2001, the average was 41 measures in 10 states. In the last decade, the average dropped to 34 measures in eight states. The number of measures on the ballot in odd-numbered years after 1990 peaked in 1999 at 72 in 16 states.
    • This year’s measures consist of four citizen-initiated measures, 19 legislatively referred measures, one measure automatically referred to the ballot by the state constitution, and three advisory questions triggered by tax increasing legislation in Washington. No additional measures are pending certification.
    • Maine Question 2, an initiative to expand Medicaid under the Affordable Care Act (ACA), also known as Obamacare, was approved by 58.9 percent of voters.
    • Ohio Issue 2, the drug price standards initiative, failed with 79.3 percent voting against it following record-breaking spending by the support and opposition campaigns.
    • Ohio Issue 1, a Marsy’s Law initiative, passed by an even larger margin than Ohio Issue 2 failed by; 82.59 percent of voters approved the crime victims bill of rights.
    • New York Proposal 1, a question calling for a constitutional convention, failed with 83.2 percent of voters opposing it.
    • All 17 constitutional amendments that applied statewide that were put before voters were approved. This is only the second time this has happened since at least 1885, before which historical ballot measure records are incomplete. The other year that constitutional amendments on the ballot had a 100 percent approval rate was in 1947. The overall approval rate from 2006 through 2017 for this type of statewide ballot measure was 71.34 percent.

2018:

  • Thirty-four (34) measures are certified to appear on statewide ballots in 19 states in 2018 so far—nine citizen-initiated measures, 24 legislatively referred measures, 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.
    • No new measures were certified for 2018 ballots over the last week.
    • By this time in 2013, 59 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2015, 45 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
    • Signatures for 16 initiatives have been submitted and are pending verification in California, Massachusetts, Michigan, and South Dakota. To see this list, click here.
    • The most recent general signature filing deadline for 2018 citizen-initiated measures was December 6, 2017, for 2018 indirect initiated state statutes and 2020 initiated constitutional amendments in Massachusetts; proponents of five measures submitted petitions—which were previously verified by local registrars—with more signatures than the minimum requirements. Proponents of the only 2020 initiated constitutional amendment circulating—a measure that would have stated that nothing in the state constitution requires the public funding of abortion—announced that they did not collect the required signatures.
      • Some states feature signature deadlines specific to each initiative caused by circulation time limits.
    • The next general signature filing deadlines for 2018 citizen-initiated measures are below:

Monday, December 11

Mississippi house speaker says that state Rep. John Moore (R) was facing a sexual misconduct investigation prior to resignation

  • Mississippi state House Speaker Philip Gunn (R) said that state Rep. John Moore (R) had been facing multiple allegations of sexual misconduct and an investigation by the House Ethics Committee prior to his resignation on December 8. At the time of his resignation, Moore cited health concerns as the reason he was leaving office. Gunn did not go into detail about the allegations against Moore or say whether they were the reason for Moore’s resignation.
  • On December 11, the Clarion-Ledger reported that it had reached Moore by phone to ask him about the allegations. Moore initially said he did not know about the allegations and they were not the reason for his resignation. He later said that he was aware of the complaints and the House Ethics Committee investigation. He then said, "I can't even have an intelligent conversation about this, because I don't know ... I knew when I resigned like I did there would be some rumors started."
  • Moore was the seventh state legislator that Ballotpedia identified as resigning due to sexual misconduct allegations since increased coverage of the issue began in October 2017. The increased coverage was triggered by sexual harassment allegations against Hollywood film producer Harvey Weinstein. Five members of Congress have announced their resignations or retirements due to sexual misconduct allegations.
  • Read more about sexual misconduct allegations in state capitols across the country by checking out our overview page.

Utah state senator resigns to accept federal position

  • Utah state Senator Brian Shiozawa (R) resigned from his District 8 seat in the Utah State Senate on December 11, 2017, in order to serve as the regional director of intergovernmental and external affairs for Region 8 of the U.S. Department of Health and Human Services.
  • Shiozawa had served in the Utah State Senate since 2013. In addition to resigning from his state legislative seat, Shiozawa retired from his position as an emergency room physician at St. Mark’s Hospital in Salt Lake City, Utah, in order to relocate to Denver, Colorado.
  • “I want to thank the citizens of Utah Senate District 8 for whom I have had the honor to serve these two terms,” said Shiozawa in a statement. “While my role with you will now be different, I am honored to serve in this new capacity and will strive to continue to serve this great state in all the ways I can.”
  • Utah Governor Gary Herbert (R) will select a replacement to fill Shiozawa’s vacated state Senate seat. Former Democratic congressional candidate Kathie Allen has stated her intent to campaign for the seat in 2018.
  • Utah is currently one of 26 Republican state government trifecta: Republican Gary Herbert holds the governor’s office and Republicans have majorities in the state House and the state Senate.

Texas filing period comes to a close

  • The deadline passed for Texas candidates to file for the 2018 elections. However, official candidate lists are still unavailable in most races. In Texas, candidates file with party chairs, not with the secretary of state's office directly. The party chairs then have five days to review filings before they are required to pass those on to the secretary of state. Parties are later required to submit their final ballot order for each race to the secretary of state by December 21, 2017. The final candidate list for the March 6 primary is then populated using that information. Ballotpedia will provide more in-depth analysis on those filings once that information becomes available.
    • The candidate filing process varies from state to state. This can result in shorter or longer delays between the passage of the filing deadline and the release of an official candidate list. In some states, candidates file directly with local or state elections offices in order to run for office. In other states, such as Texas, candidates file with political party officials or campaign finance regulatory agencies instead. For example, in Virginia, party candidates who file to run in a primary election must file two forms with the state department of elections, a filing fee with the local treasurer's office, and two other forms with the political party chair.
    • At the state level, the offices connected to this filing deadline included the governor, lieutenant governor, attorney general, comptroller of public accounts, commissioner of general land office, commissioner of agriculture, railroad commissioner, and seven members of the state board of education. It also included 15 of the 31 state senators and all 150 state representatives. State judicial offices that were part of the filing deadline included three of nine members of the state supreme court, three of nine members of the state court of criminal appeals, and multiple members of the 14 state courts of appeals.
    • Texas is one of 26 Republican trifectas. Republicans control the Senate by a 20-11 majority and the House by a 95-55 majority. Gov. Greg Abbott (R) was first elected in 2014.

Business groups file legal brief challenging 2018 Massachusetts millionaire’s tax initiative

  • Several business groups in Massachusetts are challenging the constitutionality of an indirect initiated constitutional amendment that was certified to appear on the state election ballot on November 6, 2018, and filed a brief arguing the measure should be blocked from the ballot. If approved, the amendment would create an additional 4 percent tax, also known as a surtax, on income above $1 million. The revenue from the tax would be used to fund public education, public colleges and universities, road and bridge repairs, and public transportation.
  • In the legal brief, the plaintiffs argued that the initiative would violate Article 48 of the constitution by setting tax rates in the state’s constitution. Additionally, the plaintiffs argued that the measure violates a state rule prohibiting measures from containing provisions dealing with multiple, unrelated, subjects. The brief also expressed concern that the measure would undermine the legislature’s authority over spending and taxes by opening that authority up to special interests that influence the initiative process.
  • Plaintiff’s include, Christopher Anderson, president of the Massachusetts High Technology Council; Christopher Carlozzi, state director of the National Federation of Independent Business; Richard Lord, president and CEO of Associated Industries of Massachusetts; Eileen Mcanneny, president of the Massachusetts Taxpayers Foundation; and Daniel O’Connell, president and CEO of the Massachusetts Competitive Partnership.
  • Attorney General Maura Healey, Secretary of the Commonwealth Bill Galvin, and Raise Up Massachusetts, the group sponsoring the ballot measure, are responsible for defending it. They have until January 12, 2018, to file legal briefs. Arguments before the Massachusetts Supreme Judicial Court were scheduled for February 5, 2018.

Lawsuit filed in the United States Supreme Court against 2016 Massachusetts farm animal containment initiative

  • Thirteen states filed a lawsuit in the United States Supreme Court against the state of Massachusetts this week, alleging that Question 3—a citizen initiative passed by voters in 2016—is unlawful because it attempts to, "dictate how other states choose to regulate business operations and manufacturing processes within their own borders" in violation of the Commerce Clause of the United States Constitution.
  • The measure in question, was designed to prohibit breeding pigs, calves raised for veal, and egg-laying hens from being held in confined spaces—defined as a space that, "prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely." This measure was also designed to apply to business owners who knowingly sell pork, veal, or eggs from animals held in confined spaces, even if the source is outside of Massachusetts. The measure stipulates that full compliance is required by 2022. It was approved by more than 77 percent of voters in 2016.
  • In 2008, California voters approved a similar measure, which went into full effect in 2015. California has also faced lawsuits alleging that its version violated the Commerce Clause. So far, the lawsuits have been unsuccessful, and the measure remains in place. California’s revenue from egg production has fallen from $5 billion in 2012 to $3.5 billion in 2016.
  • The states that have joined the lawsuit against Massachusetts as plaintiffs include: Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin.

Tuesday, December 12

Republican wins Iowa State Senate special election to seat

  • State Rep. Jim Carlin (R) defeated former superintendent Todd Wendt (D) in a special election for the District 3 seat in the Iowa State Senate. Unofficial results had Carlin winning with 54.6 percent of the vote. The seat became vacant following the resignation of incumbent Bill Anderson (R) on November 1, 2017.
    • Iowa is one of 26 Republican state government trifectas. Republicans control the state Senate by a 28-20 majority with one independent and one vacancy and the state House by a 59-41 majority. Gov. Kim Reynolds (R) succeeded Terry E. Branstad, who resigned on May 24, 2017, to take the position of U.S. Ambassador to China.

Rep. Murdock defeats five primary challengers in Oklahoma State Senate special election

  • State Rep. Casey Murdock defeated five other candidates in the Republican special primary election for District 27 of the Oklahoma State Senate. Amber Jensen, a small business owner, ran unopposed in the Democratic primary. The two candidates will face off in the general election on February 13, 2018. District 27 was left vacant after the resignation of Bryce Marlatt (R) on September 12, 2017. Marlatt resigned from the state Senate after being charged with a felony complaint of sexual battery.
    • Oklahoma is one of 26 Republican trifectas. Republicans control the state Senate by a 39-7 majority with two vacancies and the state House by a 71-28 majority with two vacancies. Gov. Mary Fallin (R) was first elected in 2010.

Colorado poll shows Democratic candidates leading Tancredo in gubernatorial election

  • On Tuesday, a Public Policy Polling survey of 770 registered Colorado voters was released. The poll found four selected candidates seeking the Democratic nomination for governor in the 2018 election each in the lead over former Rep. Tom Tancredo (R) in hypothetical general election matchups. The poll, which was conducted between December 4-5, found Rep. Jared Polis (D), former state Treasurer Cary Kennedy (D), former state Sen. Michael Johnston (D), and Lt. Gov. Donna Lynne (D) each leading Tancredo in hypothetical matchups. Only Polis' 46-38 lead was outside the margin of error. Polis was followed by Kennedy (45-38), Lynne (43-38), and Johnston (43-39).
  • In its press release announcing the poll's findings, Public Policy Polling explained that it had selected Tancredo from among the ten declared Republican candidates based on polling in the Republican primary that indicated that he was the front-runner. Tancredo had previously run for governor under the Constitution Party banner in 2010, securing second place in the general election. In 2014, he ran for the seat again as a Republican but was defeated in the primary election.
  • The numbers represent an improvement for Tancredo over a poll of 500 registered voters conducted by Keating Research between November 9-13. That poll, which measured Tancredo in a hypothetical matchup against Kennedy, found Kennedy leading by a 50-34 margin.
  • So far, a total of 27 candidates have declared that they will run to succeed term-limited Colorado Gov. John Hickenlooper (D) in 2018, including nine Democrats and 10 Republicans. Major party candidates have until March 20 to file their candidacies in order to appear on the June 26 primary ballot. The winners of the primary elections will advance to the November 6 general election alongside any declared independent or third-party candidates.
  • In recent presidential elections, Colorado has not favored any one party; the Republican candidate has won the state in six of the past 10 elections while the Democratic candidate has won the other four. However, Democratic candidates have had recent successes in the state, having won each of the past three presidential elections. The state's representation in the U.S. Congress is split; four of Colorado's seven members of the House of Representatives are Republicans, while the remaining three are Democrats. Of the state's two members of the U.S. Senate, one is a Republican while the other is a Democrat. State-level politics have been similarly competitive. Of the five statewide elected executive offices, three are held by Republicans while two are held by Democrats. While Democrats hold the state House of Representatives by a 37-27 majority, Republicans hold the state Senate with an 18-17 majority. In recent years, Democratic candidates have had success pursuing the governorship, however—eight of the past 10 gubernatorial elections have been won by the Democratic candidate.
  • Because the governor is a Democrat and the state House of Representatives is under a Democratic majority while the state Senate is under a Republican majority, neither party holds a trifecta in Colorado. Likewise, since the governor is a Democrat while the attorney general and secretary of state are Republicans, neither party holds a triplex in Colorado. This means that Colorado is one of nine states where neither party has a trifecta or a triplex. Of those, only two other states—Louisiana and Montana—have Democratic governors.

Wednesday, December 13

South Carolina state representative resigns, pleads guilty to misconduct in office

  • State Representative Rick Quinn (R) resigned from his District 69 seat in the South Carolina House of Representatives on December 13, 2017, prior to pleading guilty to a misdemeanor count of misconduct in office. Four other individuals, including Quinn’s father, two former state legislators, and suspended state Senator John Courson (R), were indicted as part of the ongoing investigation. Former Speaker of the House Bobby Harrell (R) and former House Majority Leader Jim Merrill (R) resigned earlier this year after pleading guilty to separate charges of misconduct.
  • A South Carolina grand jury indicted Quinn in May 2017 on one count of common law misconduct in office and one count of statutory misconduct in office. The grand jury alleged that Quinn had used his public office to enrich his father’s political consulting firm and his own mail marketing firm by failing to disclose payments from clients with lobbyists in the South Carolina Legislature.
  • Quinn was suspended from the state House following the indictment. He was later indicted on charges of criminal conspiracy in October 2017. Those charges were dropped as a part of the plea deal. He faces up to a year in prison and a $1,000 fine.
  • A special election is required to fill Quinn’s vacated District 69 seat in the South Carolina House of Representatives. South Carolina is currently one of 17 states under divided government: Democrat Roy Cooper holds the governor’s office while Republicans hold majorities in the state House and the state Senate.

Kentucky state legislator accused of sexual misconduct commits suicide

  • Kentucky state Representative Dan Johnson (R), who was accused of molesting a 17-year-old girl at the church where he served as a pastor, committed suicide on the evening of December 13, 2017. He had denied the allegations in a Facebook post shortly before his death.
  • According to Louisville Public Media and the Kentucky Center for Investigative Reporting, the alleged molestation occurred on New Year's Eve in 2012 at the Heart of the Fire City Church. Johnson was the pastor of the church and the alleged victim had been staying in one of the church’s living areas.
  • Kentucky Governor Matt Bevin (R) issued his condolences via Twitter following Johnson’s death. “Saddened to hear of tonight’s death of KY Representative Dan Johnson,” Bevin tweeted. “My heart breaks for his family tonight...These are heavy days in Frankfort and in America...May God indeed shed His grace on us all...We sure need it…”
  • A special election is required to fill Johnson’s vacated District 49 seat in the Kentucky House of Representatives. Johnson’s widow, Rebecca Johnson, announced her intention to run for the vacant seat on December 14, 2017.
  • Kentucky is currently one of 26 Republican state government trifecta: Republican Matt Bevin holds the governor’s office and Republicans have majorities in the state House and the state Senate.

Minnesota state senator to transition to lieutenant governor; Gov. Dayton seeks opinion from state attorney general

  • Minnesota state Senator Michelle Fischbach (R), who serves as the state Senate president, is positioned to transition to the role of lieutenant governor when current Lieutenant Governor Tina Smith (D) is sworn into the U.S. Senate in January 2018. Minnesota Governor Mark Dayton (D) appointed Smith to the U.S. Senate seat vacated by Al Franken (D), who resigned after sexual misconduct allegations were brought against him.
  • According to the Star Tribune, Fischbach stated on December 13, 2017, that she plans to jointly hold her state Senate seat and serve as lieutenant governor. “I was elected as the state senator from District 13 to represent those constituents and as prescribed by law,” said Fischbach. “I will be planning on holding both of those roles and continuing to serve.” Fischbach claims that her position is supported by historical precedent: two state senators in the 1920s and 1930s jointly held their state Senate seats and served as lieutenant governor.
  • Dayton requested that Minnesota Attorney General Lori Swanson issue an opinion as to whether Fishbach would be required to resign her state Senate seat to serve as lieutenant governor. According to the Star Tribune, Dayton and members of Minnesota’s Democratic-Farmer-Labor Party claim that the state constitution prohibits a member of the Minnesota State Legislature from holding “any other office under the authority of the United States or the state of Minnesota, except that of postmaster or notary public.”
  • If Fischbach is required to resign, her departure would create a vacancy in the state Senate. Republicans currently hold a narrow 34-33 majority in the chamber.
  • Minnesota is one of 17 states under divided government: Democrat Mark Dayton holds the governor’s office while Republicans hold majorities in the state House and the state Senate.

Candidates file for election in Arkansas legislative special elections

  • The filing deadline passed for candidates running in special elections for three seats in the Arkansas General Assembly. The primary election is being held on February 13, with a primary runoff on March 13 if necessary. The general election will take place on May 22, 2018.
    • In Senate District 16, Bob Bailey, Breanne Davis, and Luke Heffley are facing off in the Republican primary. Teresa Gallegos is running unopposed in the Democratic primary. The seat became vacant after the death of Senator Greg Standridge (R). Standridge, who was being treated for cancer, passed away on November 16, 2017.
    • In Senate District 29, Jim Coy and Ricky Hill are facing off in the Republican primary. Steven McNeely is running unopposed in the Democratic primary. The seat became vacant following Eddie Joe Williams' (R) resignation. Williams resigned his seat on November 15, 2017, in order to serve as President Donald Trump's (R) representative to the Southern States Energy Board.
    • In House District 83, Donald Ragland and Timmy Reid are facing off in the Republican primary. No Democratic candidates filed for election. The seat became vacant following David Branscum's (R) resignation. Branscum resigned his seat on November 17, 2017, in order to become the U.S. Department of Agriculture's rural development director in Arkansas.
    • Arkansas is one of 26 Republican state government trifectas. Republicans hold a 24-9 majority in the state Senate with two vacancies. The state House is controlled by a 75-24 Republican majority with one vacancy. Gov. Asa Hutchinson (R) was elected to a four-year term in 2014.

Thursday, December 14

Republicans retain Virginia House District 40 after recount; three races remain uncalled

  • A recount found that Delegate Tim Hugo (R) retained Virginia House of Delegates District 40 in the November 2017 elections, defeating challenger Donte Tanner (D) by about 100 votes. Heading into the recount, Hugo held a 106-vote advantage. The race was one of four Virginia House races that went to a recount after the results on November 7 left them too close to call. The recounts in the other three races for Republican-held seats will be held next week. Republicans currently hold leads in two of the three races.
  • In the results do not change from the recounts or court proceedings, Republicans will have a 51-49 majority in the Virginia House in 2018. If Democrats win two seats, they will force the chamber into a 50-50 tie. If they win all three recounts, they will take control of the chamber for the first time since the 1990s. Heading into the November 2017 elections, Republicans held 66 of 100 state House seats. Democrats won at least 14 Republican-held districts.
  • The remaining districts and their respective margins are listed below:
    • District 28: Robert Thomas Jr. (R) leads Joshua Cole (D) by 82 votes. The recount will be held on December 21. There may be more to come in this race. The Virginia Department of Elections found that 147 votes in Stafford County were cast in the wrong elections, possibly influencing the results of District. House Democrats have filed a federal lawsuit asking for a new election to be held for the seat. A hearing in federal court is scheduled for early January.
    • District 68: Dawn Adams (D) leads Delegate Manoli Loupassi (R) by over 300 votes. Loupassi originally conceded the race to Adams, but he later asked for a recount. The recount is scheduled for December 20.
    • District 94: Delegate David Yancey (R) leads Shelly Simonds (D) by 10 votes. The recount is scheduled for December 19.
  • Regardless of the results of the recounts, Virginia will be under divided government in 2018. Ralph Northam (D) won the 2017 gubernatorial race to replace incumbent Terry McAuliffe (D) and the state Senate, which doesn’t hold elections until November 2019, has a 21-19 Republican majority. Once all winners of the 2017 elections have been sworn in, Virginia will be one of 18 states under divided government.

Maryland gubernatorial forum previews general election

  • Eight of the candidates seeking the Democratic nomination for governor of Maryland in the June 26 primary election appeared at a candidate forum on Thursday organized by the Committee for Montgomery, a Montgomery County political organization. The candidates in attendance were:
    • Rushern Baker (D) - Prince George’s County Executive
    • Maya Rockeymoore Cummings (D) - policy consultant
    • Ben Jealous (D) - former president of the NAACP
    • Kevin Kamenetz (D) - Baltimore County Executive
    • Rich Madaleno (D) - State Senator
    • Alec Ross (D) - Entrepreneur
    • Jim Shea (D) - Attorney
    • Krishanti Vignarajah (D) - Former Michelle Obama policy director
  • The only declared Democratic candidate who was not in attendance was activist Ralph Jaffe (D). Sitting Gov. Larry Hogan (R) was invited to participate but did not attend.
  • The eight Democratic candidates in attendance spent little time criticizing each others' records or disagreeing on policy, instead focusing their attention on Gov. Hogan. Criticism of the governor was focused on education and infrastructure, leading the Washington Post to suggest that "the forum offered an early glimpse at the subjects that will shape the race." On infrastructure, the candidates were critical of Hogan's policies in his first term, which they contended had put too much emphasis on highways at the expense of proposed light rail systems in Baltimore and the Maryland suburbs of Washington, DC. In particular, this criticism focused on a recent proposal put forward by the governor in which private companies would construct express lanes on the state's highways in return for the right to collect tolls from those lanes. On education, the candidates called for the governor to increase the amount of revenue allocated to the state's school construction fund.
  • Candidates have until February 27, 2018, to file their candidacies in order to appear on the June 26 primary ballot. So far, a total of nine Democrats have filed to appear on the primary ballot. Although no Republican candidates have yet filed, Gov. Larry Hogan (R) is expected to file to seek a second term. The winners of the June 26 primaries will advance to the November 6 general election, where they will appear alongside any declared third party or independent candidates.
  • In recent presidential elections, Democratic candidates have tended to succeed in Maryland; the Democratic candidate has won eight of the past ten presidential elections in Maryland, while no Republican has carried the state since George H.W. Bush (R) in 1988. Seven of the state's eight members of the U.S. House of Representatives are Democrats, as are both of its U.S. Senators. Democrats are similarly successful in state-level elections, holding a 91-49 majority in the state House of Representatives and a 33-14 majority in the state Senate. Of the state's four elected executive offices, two are held by Democrats (attorney general and comptroller) while two are held by Republicans (governor and lieutenant governor). Democratic candidates have also seen success in recent gubernatorial elections, winning eight out of the last ten gubernatorial elections.
  • Because the governor is a Republican while the Democratic Party holds majorities in both houses of the state Legislature, neither party holds a trifecta in Maryland. Likewise, because the governor and secretary of state are Republicans while the attorney general is a Democrat, neither party holds a triplex in Maryland. This means that Maryland is one of nine states where neither party has a trifecta or a triplex.

Hickenlooper makes his fourth appointment to Colorado Supreme Court

  • Colorado Governor John Hickenlooper (D) announced that he had appointed Melissa Hart to the Colorado Supreme Court. Hart replaces former Justice Allison Eid, who was elevated to the United States Court of Appeals for the 10th Circuit by President Donald Trump. Hart, a law professor at the University of Colorado, is Hickenlooper's fourth appointment to the seven-member supreme court. Hart's initial term expires on January 11, 2021. Hart must stand for retention in 2020 in order to remain on the bench.
  • The seven justices of the Colorado Supreme Court are appointed by the governor from a list of three names compiled by a nominating commission. Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last ten years.
  • The nominating commission consists of 17 voting members, with the majority being non-lawyers. Members include one citizen, licensed to practice law in the state; one citizen who is not a lawyer in the state; seven lawyers, licensed to practice law in the state (one from each of the state's congressional districts); seven citizens who are not lawyers in the state (one from each of the state's congressional districts); and one additional citizen who is not a lawyer in the state. There can be no majority of members from one political party, and each member is appointed for a six-year term. Those interested in serving on the commission must file an application with the Nominating Commission Liaison. Non-lawyers are appointed by the governor. Lawyer members are appointed jointly by the governor, attorney general and chief justice.

Filing deadline passes for Tennessee State Senate District 14 special primary election

  • Tennessee State Senate District 14 will be up for special election in 2018 after Jim Tracy (R) resigned following his appointment to a federal post by President Donald Trump (R). Three candidates filed for special election: Joe Carr (R), Shane Reeves (R), and Gayle Jordan (D). A primary election is scheduled for January 25, 2018, and the general election will take place on March 13, 2018.
    • Jordan lost to former State Sen. Tracy in the 2016 election with 25.6 percent of the vote. Carr was a Tennessee state representative from 2008 to 2014.
    • Two districts in Tennessee held or are holding special elections in 2017, one Senate special election and one House special election. Between the two elections, 12 candidates filed for election: two Democratic candidates, eight Republican candidates, and two independent candidates.
    • Tennessee is one of 26 Republican state government trifectas. Republicans hold a 26-5 majority in the state Senate with two vacancies. The state House is controlled by a 73-25 Republican majority with one vacancy. Gov. Bill Haslam was re-elected to a four-year term in 2014.

Friday, December 15

Two candidates file to run in a Missouri House special election

  • One Democrat and one Republican have filed to run for a vacant seat in District 39 of the Missouri House of Representatives. Ethan Perkinson (D) and Peggy McGaugh (R) have both filed to run in a special election to be held on February 6, 2018. The candidate list is subject to change. Candidates had until 5 pm (CT) on December 15 to submit a declaration of candidacy to the secretary of state’s office.
    • The seat became vacant in October 2017 after Joe Don McGaugh (R) was appointed to the 8th Circuit Court in Carroll County, Missouri. McGaugh ran for re-election in 2014 and 2016 but ran unopposed. He faced opposition in 2012 and was elected to the seat with 56 percent of the vote.
    • Missouri is one of 26 Republican trifectas. It became a Republican trifecta following the 2016 elections when the Republican Party took control of the governor’s office. Republicans control the Senate by a 24-9 majority with one vacancy and the House by 112-45 majority with six vacancies. Gov. Eric Greitens (R) was elected to a four-year term in 2016.

Special Elections

As of this week, 95 state legislative seats have been filled through special elections in 2017, and another three special elections have been scheduled in three states. Elections have been held for 45 Democratic seats and 50 Republican seats. Democrats have flipped 14 seats as a result of special state legislative elections in 2017. Republicans have flipped three seats. In special elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country each year. The number of net seats won and lost by Democrats and Republicans in state legislative special elections in 2017 has, so far, been similar to prior years.

  • An average of 89 seats were filled through special elections in each of the past three odd years ( 2011: 94, 2013: 84, 2015: 88).
  • 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:

December 19:

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Local Politics: The Week in Review

Elections Update

Saturday, December 9

Houston Board of Education runoff: Santos, Lira win

  • The Houston Independent School District Board of Education runoff election was held after no candidates in District I or District III received a majority of votes for either open seat. Gretchen Himsl and Elizabeth Santos faced each other for the District I seat and Sergio Lira and Jesse Rodriguez vied for the District III seat. Santos and Lira, who were both endorsed by more Democratic-leaning organizations than Himsl and Rodriguez, defeated their opponents. Unofficial results showed that Santos received 60.7 percent of the vote and Lira received 57.3 percent of the vote.
    • While the Houston Board of Education election is officially nonpartisan, Democratic- and Republican-leaning organizations weighed in and endorsed candidates. In District I, Ballotpedia identified 13 organizations that endorsed Santos. Santos was endorsed by several Democratic- and progressive-leaning organizations. Three Democratic Party groups endorsed Santos: the Harris County Tejano Democrats, the Harris County Young Democrats, and the Houston Stonewall Young Democrats. She was also endorsed by the Houston GLBT Political Caucus and Our Revolution Texas.
    • In the District III race, Lira received seven endorsements, including two from the Harris County Tejano Democrats and the Houston Stonewall Young Democrats. He also received an endorsement from The Houston Chronicle. The newspaper endorsed him in the general election as well.
    • Santos and Lira received the most official endorsements by organizations in their districts before the runoff election, sharing six endorsements. Two of these organizations were Democratic Party groups, the Harris County Tejano Democrats and the Houston Stonewall Young Democrats. The others were Community Voices for Public Education, the Houston Federation of Teachers, Houston United for Strong Public Schools, and the Texas Organizing Project.
    • Houston ISD is the largest school district in the state and served 215,225 students during the 2014-2015 school year, approximately 4.1 percent of all public school students in the state.

Houston Community College Board of Trustees runoff election results

  • The District IX seat on the Houston Community College Board of Trustees advanced to a runoff election after no candidate received a majority of the vote in the general election held on November 7, 2017. The seat was open because the incumbent did not run for re-election after he pleaded guilty to bribery charges and was censured by the board in July 2017. Pretta Vandible Stallworth defeated Eugene Pack in the runoff election with 71.8 percent of the vote. In the general election for the District IV and District V seats, incumbents Carolyn Evans-Shabazz and Robert Glaser defeated their opponents. Harris County in Texas had a population of 4,441,370 in 2014, according to the United States Census Bureau.

Monday, December 11

Filing deadline passes for county and court offices in Texas

  • The deadline passed for Texas candidates to file for the 2018 elections. However, official candidate lists are still unavailable in most races. In Texas, candidates file with party chairs, not with the secretary of state's office directly. The party chairs then have five days to review filings before they are required to pass those on to the secretary of state. Parties are later required to submit their final ballot order for each race to the secretary of state by December 21, 2017. The final primary candidate list is then populated using that information. Ballotpedia will provide more in-depth analysis on those filings once that information becomes available.
    • The candidate filing process varies from state to state. This can result in shorter or longer delays between the passage of the filing deadline and the release of an official candidate list. In some states, candidates file directly with local or state elections offices in order to run for office. In other states, such as Texas, candidates file with political party officials or campaign finance regulatory agencies instead. For example, in Virginia, party candidates who file to run in a primary election must file two forms with the state department of elections, a filing fee with the local treasurer's office, and two other forms with the political party chair.
    • Ballotpedia is covering municipal elections in 13 Texas counties: Bexar, Collin, Dallas, Denton, El Paso, Fort Bend, Harris, Lubbock, Nueces, Tarrant, Travis, Webb, and Williamson. These are the counties overlap with Texas cities that are within the 100 largest cities in the country. Harris County, which contains Houston, is the most populous Texas county. Most of these counties have three positions up for election on its five-member county commissioners court, which functions as the county’s primary legislative and policy-making body. The county judge is the head of the commissioners court. Also up for election in most counties are the county clerks, district clerks, and treasurers. In eight counties, the criminal district attorney is also up for election. The partisan primary election will be on March 6, 2018.
    • Ballotpedia’s 2018 coverage of local trial court elections in Texas includes all judges whose jurisdiction overlaps with one of the nation’s 100 largest cities by population.

New York City Council's Black, Latino/a, and Asian Caucus calls for speaker of color in 2018

  • The New York City Council's Black, Latino/a, and Asian Caucus issued a statement calling for the council to elect a speaker of color in 2018. Current Speaker Melissa Mark-Viverito (D), who is Latina, was not eligible to run for re-election to the council this year due to term limits. Her successor in the speaker's chair will be selected by the members of the city council in January, after the new members elected in November are sworn in.
  • Three white candidates - Corey Johnson (D), Mark Levine (D), and Jimmy Van Bramer (D) - and five candidates of color - Robert Cornegy (D), Donovan Richards (D), Ydanis Rodriguez (D), Ritchie Torres (D), and Jumaane Williams (D) - are competing to succeed Mark-Viverito as speaker. Johnson and Levine were pegged as early front-runners for the speakership, but black Councilman Cornegy and Latino Councilman Torres have recently gained notice in outlets such as the Observer and the Gotham Gazette. Cornegy and Torres are the co-chairs of the Black, Latino/a, and Asian Caucus, and the other three speaker candidates of color are members.
  • The race for the speakership is expected to be shaped by the county parties, with U.S. Rep. and Queens Democratic Party Chair Joe Crowley (D) named by both candidates and the press as an especially significant influence. However, a unified Black, Latino/a, and Asian Caucus could have the numbers to sway the decision. According to the New York City Council's website, the caucus currently has 24 members - two fewer than the majority required to win the speakership of the 51-member council. Some current caucus members were term-limited this year or opted not to run for re-election, but the departing members will all be succeeded by councilmembers of color who may choose to join the caucus. New York City is the largest city in the U.S. by population.

Tuesday, December 12

San Francisco Mayor Ed Lee dies, Board of Supervisors President London Breed becomes acting mayor

  • San Francisco Mayor Ed Lee died of a heart attack, making Board of Supervisors President London Breed the acting mayor. Lee assumed office on January 11, 2011, to serve out the remainder of former mayor Gavin Newsom's term. Lee was elected to a full term on November 8, 2011, and won re-election on November 3, 2015. If a majority of the Board of Supervisors cannot agree to a separate appointment, Breed will serve as acting mayor until a special mayoral election, scheduled for June 2018, is conducted.
    • The filing deadline for candidates to run in this election is January 9, 2018. People that were considering running in the regularly scheduled mayoral election in 2019 now have to decide whether to run in 2018 or wait until 2019. The following individuals have been reported as possible candidates: Board of Supervisors President London Breed (who is now acting mayor), former state Sen. Mark Leno, state Assemblyman David Chiu, Daniel Lurie, Supervisors Mark Farrell and Jane Kim, state Sen. Scott Wiener, and City Attorney Dennis Herrera. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

DC Mayor Muriel Bowser reports $1.4 million for re-election campaign

  • Muriel Bowser (D), the mayor of Washington, DC, announced her bid for re-election on September 22. She has since raised more than $1.4 million for her campaign and has more than $1.3 million in cash on hand.
  • Five other candidates have registered for the city's 2018 mayoral race so far: Alpha Bah (D), James Butler (D), Dustin Canter (I), Manley Collins (D), and Valencia Rutledge (I). Bah and Butler were the only candidates to submit reports by this week's filing deadline, reporting fundraising totals of a little over $6,000 each.
  • An open question in the race is whether former Mayor and current Ward 7 Councilman Vincent Gray (D) will make a bid to reclaim the mayorship. Gray, who was elected mayor in 2010, lost to Bowser in the 2014 Democratic mayoral primary. Since winning election to the Ward 7 seat on the city council in 2016, he has hinted at the possibility of a 2018 rematch. He declined to rule out a run following his April 2017 "State of Ward 7 Address," for example, saying, "I certainly loved the job as mayor." A June Washington Post poll found Bowser leading a hypothetical three-way Democratic primary with 50 percent of the vote, Gray picking up 27 percent, and DC Attorney General Karl Racine (D) taking 10 percent. Racine announced in September that he will seek re-election to his current post in 2018 rather than running for mayor, leaving Gray as the most prominent potential challenger in the race. Washington, DC, is the 23rd-largest city in the U.S. by population.

Wednesday, December 13

Recall effort against California councilman ends short of signatures

  • A recall effort against Newport Beach City Councilman Scott Peotter ended after petitions submitted by organizers were found to lack sufficient signatures to force an election. Peotter was targeted over his opposition to new public buildings and allegations that he insulted other city officials. The councilman countered that the recall effort was based on politics rather than legal issues or confrontations with public employees. Recall organizers said they would request a recount of petition signatures.
  • The Committee to Recall Scott Peotter submitted 10,696 signatures to the city clerk on October 27, 2017. Recall organizers needed to gather 8,455 signatures to require a recall election. This total equaled 15 percent of the city's registered voters at the time of the notice. The Orange County Registrar of Voters verified 8,339 valid signatures and determined that 2,357 did not meet legal requirements.
    • Ballotpedia has tracked 250 recalls against 344 elected officials. Of the 64 elected officials who faced recall elections, 36 officials were recalled, for a rate of 56.3 percent. This is equal to the 56.3 percent rate for 2016 recalls and lower than the 64.5 percent rate for 2015 recalls.

Thursday, December 14

Atlanta mayoral runoff election recount confirms Keisha Bottom's win

  • A recount of the Atlanta mayoral runoff election results was held on December 14, 2017, after candidate City Councilwoman Mary Norwood (I) filed a request with the Fulton County and DeKalb County Board of Elections on December 13, 2017. Residents in both counties voted in the election. Official results from the election on December 5 showed City Councilwoman Keisha Bottoms (D) defeated Norwood by 832 votes out of 92,502 ballots cast, or 50.45 percent of the vote. The recount confirmed that Bottoms had won, which kept the seat in Democratic hands. Norwood has until December 18, 2017, to contest the recount results. Her campaign has filed an open records request to ensure that only Atlanta residents voted in the mayoral runoff election. According to the Atlanta Journal-Constitution, Norwood’s campaign is considering filing a lawsuit disputing the rights of recently annexed Atlanta residents to cast a vote.
    • Under Georgia election law, Norwood was eligible to call for a recount because she lost the election by less than 1 percent of the vote. Following the certification of results, candidates had two business days to submit a recount request in writing. The results were certified on December 11, 2017.
    • Four city council seats were also on the Atlanta runoff election ballot. The new Atlanta city council president will be Felicia Moore, the District 4 incumbent, Cleta Winslow, retained her seat, and newcomers Dustin Hillis and Marci Collier Overstreet won first terms on the board in District 9 and District 11, respectively. Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

Judge cancels recall election of Montana sheriff

  • Five days before a recall was scheduled to occur, Montana District Court Judge Jon Oldenburg ruled that a recall petition against Pondera County Sheriff Carl Suta was too vague. This effectively ended the recall effort, which was initiated in July 2017 when proponents accused Suta of incompetence, abuse of power, and creating a hostile work environment. Suta denied all allegations against him. Signatures were collected, turned in, and verified by October 12. In November, Suta filed a challenge against the petition, claiming that the recall statement was 51 words over the 200-word limit, that the information on the statement was only obtained second-hand, and that the allegations against him did not amount to incompetence.
    • Ballotpedia has tracked 250 recalls against 344 elected officials. Of the 64 elected officials who faced recall elections, 36 officials were recalled, for a rate of 56.3 percent. This is equal to the 56.3 percent rate for 2016 recalls and lower than the 64.5 percent rate for 2015 recalls.
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, December 18

Oklahoma Legislature to meet in special session

  • A special session of the Oklahoma Legislature will convene on December 18, 2017. Governor Mary Fallin (R) called the special session to address the state’s budget shortfall.
  • Fallin vetoed 165 of the 170 sections contained in the state budget bill approved by the legislature during the previous special session that adjourned on November 17. The bill would have implemented $60 million in cuts to state agencies. The five remaining sections maintained funding for health and human services until the legislature could meet in another special session.
  • “As governor, I would like nothing more than to adequately fund agencies.” stated Fallin at the time of the veto. “The constant budget crisis has put us in survival mode. I want us to thrive. We will thrive when we can adequately and consistently fund our core services. That will happen when we find sustainable and predictable revenue sources.”
  • Oklahoma is currently one of 26 Republican state government trifectas: Fallin holds the governor’s office and Republicans have majorities in the state House and the state Senate.

Tuesday, December 19

  • Three states are holding special general elections for state legislative seats. These three elections represent the last state legislative special elections in 2017. In all, 98 special elections were called to fill vacancies in state legislatures. An average of 89 seats were filled through special elections in each of the past three odd-numbered years. Of the 98 special elections in 2017, 45 were called to fill seats previously held by Democrats and 50 were called for Republican seats. Heading into December 19, 17 seats had flipped as a result of 2017 special elections. Democrats flipped 14 of those 17 seats, while Republicans gained three of the seats. There have been 29 special elections called for 2018 so far.

Special election for Florida House of Representatives seat

  • Jose Vazquez Figueroa (D), Lawrence McClure (R), Bryan Zemina (L), and Ahmad Hussam Saadaldin are facing off in the special election for District 58 of the Florida House of Representatives. District 58 became vacant following incumbent Dan Raulerson's (R) resignation on August 15, 2017. Raulerson cited his health in his resignation. Raulerson won re-election to the seat in 2016, earning 58.5 percent of the vote against Figueroa.
    • Florida is one of 26 Republican state government trifectas. Republicans hold a 24-15 majority in the state Senate with one vacancy. The state House is controlled by a 76-40 Republican majority with four vacancies. Gov. Rick Scott (R) was re-elected to a four-year term in 2014.

Special election for Mississippi State Senate seat

  • Dan Carr, Joel Carter, and Ron Meyers are running in the special election for District 49 of the Mississippi State Senate. Special election candidates in Mississippi run without party labels. The seat became vacant on October 16, 2017, after Sean Tindell (R) resigned from the state Senate. Gov. Phil Bryant (R) appointed Tindell to the state Court of Appeals.
    • Mississippi is one of 26 Republican state government trifectas. Republicans hold a 31-19 majority in the state Senate with two vacancies. The state House is controlled by a 72-47 Republican majority with three vacancies. Gov. Bryant was re-elected to a four-year term in 2015.

Special election for Tennessee State Senate seat

  • Mary Alice Carfi (D) and Mark Pody (R) are facing off in the special election for District 17 of the Tennessee State Senate. Both candidates ran unopposed in their respective primary elections. District 17 was left vacant following Mae Beavers' (R) resignation. Beavers resigned from the state Senate effective September 1, 2017, in order to run for governor full-time.
    • Tennessee is one of 26 Republican state government trifectas. Republicans hold a 26-5 majority in the state Senate with two vacancies. The state House is controlled by a 73-25 Republican majority with one vacancy. Gov. Bill Haslam was re-elected to a four-year term in 2014.

Special primary elections for Wisconsin State Legislature districts

  • Special primary elections are being held for three seats in the Wisconsin State Legislature. Candidates who win in these elections will move on to the general election on January 16, 2018.
    • In Senate District 10, Reuben Herfindahl, John Calabrese, Patty Schachtner are facing off in the Democratic primary. Shannon Zimmerman and Adam Jarchow are running in the Republican primary. Brian Corriea is running as a Libertarian candidate. The seat was left vacant after the resignation of Sheila Harsdorf (R). Harsdorf resigned from the state Senate effective November 10, 2017, after being appointed as secretary of the Department of Agriculture, Trade and Consumer Protection.
    • In Assembly District 58, Tiffany Koehler, Spencer Zimmerman, Rick Gundrum, and Steve Stanek are facing off in the Republican primary. Dennis Degenhardt is running unopposed in the Democratic primary. The seat was left vacant after Representative Bob Gannon (R) passed away from natural causes on October 3, 2017.
    • In Assembly District 66, John Tate II and Greta Neubauer are facing off in the Democratic primary. No Republican candidates filed for election. On November 7, 2017, Representative Cory Mason (D) announced that he will resign from the state Assembly effective January 15, 2018. He was elected as mayor of Racine on October 17, 2017.
    • Wisconsin is one of 26 Republican state government trifectas. Republicans hold a 19-13 majority in the state Senate with one vacancy. The state Assembly is controlled by a 53-35 Republican majority with one vacancy. Gov. Scott Walker (R) was re-elected to a four-year term in 2014.

Local Politics: What's On Tap Next Week

Tuesday, December 19

Maryland city councilwoman faces recall over votes on development projects

  • Bowie City Councilwoman Diane Polangin faces a recall election over her vote in favor of new apartment and mixed-use development projects. The Bowie Citizens for Accountable Government initiated the effort in June 2017 and submitted enough signatures in November to trigger an election. Polangin said that the recall set a bad precedent by encouraging people upset with policy to remove elected officials.
    • Voters will be asked whether Polangin should be recalled from office or retain her office. If she is removed, a second election would be necessary to fill the council vacancy. Maryland does not have a statewide recall law, leaving the decision on whether to allow recalls up to cities. A recall provision was added to Bowie's city charter in 2004.
    • Ballotpedia has tracked 250 recalls against 344 elected officials. Of the 64 elected officials who faced recall elections, 36 officials were recalled, for a rate of 56.3 percent. This is equal to the 56.3 percent rate for 2016 recalls and lower than the 64.5 percent rate for 2015 recalls.


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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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