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The State and Local Tap: Review Tuesday’s elections in under 10 minutes

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November 10, 2017Issue No. 89

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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:

  • The 2017 statewide ballot measure count is final: 27 different 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. One measure was decided in Maine on June 13. West Virginia voters decided a measure on October 7. Louisiana voters decided three measures on October 14. The remaining 22 measures were on ballots for the election on November 7; voters approved 16 measures, defeated three, and voted to advise repealing three tax bills in Washington. 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.

2018:

Sunday, November 5

Kentucky House speaker resigns leadership position following reveal of sexual harassment settlement

  • Jeff Hoover (R) resigned as speaker of the Kentucky House of Representatives after admitting that he had settled a sexual harassment claim from a legislative staffer in October. During a press conference, Hoover denied the sexual harassment claims but said he had sent inappropriate text messages to the staffer. Hoover will remain a member of the chamber.
  • The sexual harassment claim settlement was first reported by the Courier Journal on November 1. On November 4, other Republican leaders in the Kentucky House announced they were going to hire a law firm to investigate the activities reported by the Journal. Following Hoover’s resignation as speaker, the leaders said the investigation would still go forward.
  • On November 4, Gov. Matt Bevin (R) said that any legislators who had settled a sexual harassment claim should resign. Hoover’s resignation came in the midst of a debate over Bevin’s proposal to end the state’s pension system and replace it with a 401(k)-style retirement system. According to ABC News, the pension debate has strained relations between Bevin and Hoover, who previously said he would not vote for the plan.
  • On November 6, the FBI said it was looking into sexual harassment and retaliation possibly related to the Hoover incident. According to the Lexington Herald Leader, these claims could be related to the demotion of House Republican Communications Director Daisy Olivo, who said she was relieved of her duty of speaking to the press after she reported what she said was a “toxic work environment” in the House Republican leadership office to the Legislative Research Commission.

Monday, November 6

Maine House misses overriding LePage’s veto of marijuana sales implementation by 17 votes

  • The Maine State Legislature met on November 6 to consider Gov. Paul LePage's (R) veto of LD 1650, a bill to implement a regulation and licensing system for marijuana cultivators, retail stores, and processing facilities and to enact a 10 percent tax on wholesale and retail sales. In the veto override roll call, the state House voted 74-62 in favor of the bill, which was 17 votes shy of the two-thirds supermajority required to push it past LePage's veto. Thirteen representatives were absent. LD 1650 also would have required cities to opt in before retail establishments could operate within the city's limits. Gov. LePage vetoed the bill on Friday.
  • Marijuana legalization was passed by Maine voters in November 2016 through a citizen initiative, Question 1. Personal growth, possession, and use of recreational marijuana became legal on January 30, 2017, but the Maine legislature amended Question 1 to delay commercial marijuana activity until February 1, 2018. With the veto of LD 1650 standing, the February 2018 start date for marijuana sales goes back into effect, leaving many questions about licensing, regulation, and taxes still unanswered. The legislature will likely consider extending the delay of commercial implementation or trying to pass a new implementation bill in January during the first month of the 2018 session.
  • Maine is one of 18 states under divided government. Republicans control the Senate by an 18-17 majority. With one vacancy, Democrats control the House with a 74-69 majority. There are also six independent members and one Green Independent member. Gov. LePage (R) was elected to a four-year term in 2014.

Three Republican state legislators set to resign following appointments to the Trump administration

  • This week, three Republican state legislators announced their intention to step down following appointments to positions with the U.S. Department of Agriculture (USDA) under the Trump administration.
  • On November 6, Washington state Senator Kirk Pearson announced that he would resign in order to serve as Washington’s USDA rural development state director. The following day, Colorado state Representative Clarice Navarro announced her upcoming resignation on November 12 in order to serve as Colorado’s Farm Service Agency (FSA) state director. On November 8, Florida state Representative Neil Combee followed suit and announced his resignation effective November 24 in order to serve as Florida’s FSA state director.
  • The slate of resignations will create vacancies in the Washington State Senate, the Colorado House of Representatives, and the Florida House of Representatives. As of November 9, Republicans held a 77-40 majority in the Florida House while Democrats held a 37-28 majority in the Colorado House and a 25-24 majority in the Washington Senate. In Washington and Colorado, the political party that last held the vacant seat helps select the successor, who is then appointed to the position. In Florida, a special election must be called to fill the vacancy.

Nevada Democrats file a request for a preliminary injunction to stop recall efforts against three state senators

  • Attorneys for Nevada Democrats on Monday filed a request for a preliminary injunction to block the recall efforts against three state senators. At the time of the filing, three recall petitions were underway against three state senators, but the recall against Sen. Patricia Farley (nonpartisan) submitted insufficient signatures on November 9. The recall efforts against Sen. Joyce Woodhouse (D) and Nicole Cannizzaro (D) are still ongoing. The recall against Woodhouse is headed for a December special election and signatures are due for the recall against Cannizzaro on November 14.
  • The injunction is similar to the lawsuit that Democrats filed in October over the recall efforts. Attorneys Marc Elias and Bradley Schrager argue in the request that if special elections are needed in the recalls, it would “burden, abridge, and deny the fundamental right to vote” for voters in the three state Senate districts.” The motion requests that the court holds a hearing and rules on the preliminary injunction before November 30.
  • As of November 2017, seven recall petitions had been filed against state lawmakers in 2017. Three recall petitions failed to make the ballot and four are still ongoing. Since 2011, 72 recall petitions have been filed against state lawmakers. Eight recalls were successful, nine were defeated at the ballot, 51 did not go to a vote, and four recall campaigns are still ongoing. The last time a recall petition made the ballot was in 2013. Two Colorado state senators were successfully recalled in 2013.
  • Nevada is one of 18 states under divided government. Democrats have a 10-9 majority in the Nevada State Senate with one nonpartisan member caucusing with Democrats and one vacancy. Democrats also have a 27-14 majority in the Nevada State Assembly with one vacancy. The governor’s office is held by Republican Brian Sandoval.

Proponents of eight initiatives targeting the South Dakota 2018 ballot submit signatures, including a drug price standards and medical marijuana

  • The deadline for initiative signature submission for the South Dakota 2018 ballot passed. At least 13,871 signatures were required to place an initiated state statute on the ballot, while 27,741 signatures were required to put an initiated constitutional amendment on the ballot.
  • In total, proponents of eight measures submitted signatures by Monday’s deadline. A citizen initiated constitutional amendment measure, which was designed to create a state legislative redistricting commission composed of nine registered voters, submitted over 34,000 signatures. Additionally, a constitutional amendment initiative that would establish top-two primary elections for state legislators, the governor, U.S. representatives, U.S. senators, and county officers submitted over 37,000 signatures. Another constitutional amendment measure aimed at revising campaign finance and lobbying laws submitted over 50,000 signatures in October and is still awaiting verification. Each of these measures must have at least 27,741 valid signatures in order to qualify for the 2018 ballot.
  • Five of the measures for which signatures were submitted by the deadline are initiated state statutes and must have at least 13,871 valid signatures in order to qualify for the 2018 ballot. These measures include an initiative designed to legalize medical marijuana, which submitted approximately 15,000 signatures; a measure that would ban out-of-state contributions to ballot question committees, which submitted over 18,000 signatures; a measure that would increase the state’s tobacco tax from about $1.53 to $2.53 per pack of 20 cigarettes, which submitted over 19,000 signatures; a measure designed to require state agencies to purchase prescription drugs at prices no higher than what the U.S. Department of Veterans Affairs pays, which submitted over 22,000 signatures; and a measure that would allow counties to conduct elections by mail, which submitted over 20,000 signatures.
  • Proponents of five measures failed to submit signatures by Monday’s deadline, and those initiatives will not be on the 2018 ballot. These measures included two initiatives designed to legalize marijuana, a measure that would have allowed patients diagnosed with terminal diseases to secure lethal medication, a measure that would have made changes to the state’s initiative and referendum process, and a measure that would have required students to use bathrooms and locker rooms designated for their biological sex.
  • Now that signatures have been submitted, the secretary of state must verify them using a random sample method. At least 5 percent of the signatures must be sampled.

Tuesday, November 7

Roundup of state legislative elections

  • On November 7, 2017, the Virginia House of Delegates, the New Jersey General Assembly, and the New Jersey State Senate held general elections for a total of 220 state legislative seats—roughly 3 percent of the total legislative seats in the country. Gubernatorial races in New Jersey and Virginia also coincided with the state legislative elections. New Jersey became a Democratic state government trifecta, meaning that Democrats gained control of the governor's mansion in addition to maintaining majorities in both chambers of the state legislature. Virginia, on the other hand, remained under divided government following a Democratic victory in the governor’s race and Democratic gains in the state House that have left partisan control undecided.
  • Special state legislative elections also took place on November 7 in 10 states. In the state of Washington, Democrats gained effective control of the state Senate and Washington became a Democratic state government trifecta. In the Georgia State Senate, the race to fill Senate District 6 ended Republicans’ supermajority control of the chamber.
  • The 2017 state legislative elections were the first general legislative elections to take place since President Donald Trump (R) took office in January 2017. Historically, the party that holds The White House has tended to lose seats in state legislatures. Democratic gains in state legislatures on November 7, including 15 seats in the Virginia House with four more seats pending recounts, and 11 net Democratic seats gained through special state legislative elections so far in 2017 are consistent with this trend.

For more details about Tuesday’s state legislative elections read on below:

  • Virginia House of Delegates: Democrats had a better night than was expected, picking up at least 15 seats and putting control of the chamber in play. Before the elections, Republicans held a 66-34 advantage. As of November 10, Democrats had won 49 seats and three elections, all held by Republican incumbents, were too close to call. Republicans currently hold slim leads in all three races, with Democrats expected to ask for recounts after the election results are certified later in November. If Democrats win one additional seat, the chamber will be tied 50-50 for the first time since the 1990s. The last time it was tied, the two parties reached a power-sharing agreement.
  • Georgia General Assembly: There were nine special elections for state legislative seats (two state Senate and seven state House) held on Tuesday. Five were decided that night and four will have runoff elections on December 5. Democrats flipped two state House seats in the Athens-area and secured both spots in the runoff election for Senate District 6, which is located in northern Atlanta. The SD-6 result means that Democrats will gain an additional seat in the state Senate in December and break the Republicans’ two-thirds supermajority in the chamber.
  • New Hampshire House of Representatives: Two special elections were held in New Hampshire for two vacant seats in the state House. Democrats won both elections in the Hillsborough 15 District and Sullivan 1 District. In the Hillsborough 15 election, New Hampshire Democrats flipped their fourth seat in the state House in 2017.
  • New Jersey State Legislature: All 120 seats in the Legislature were up for election on Tuesday. In the state Senate, Democrats had a net gain of one seat and will hold a 25-15 majority when the 2018 legislative session begins in January. Two incumbents, one Democrat and one Republican, were defeated in the Senate elections. In the General Assembly, the race in District 8 is still too close to call. An official recount will take place in the race. Democrats picked up two open seats in the chamber and increased their majority from 52-28 to 54-24 pending the recount. If Republicans retain both seats in District 8 after the recount, Democrats will hold a 54-26 majority in the 2018 legislative session. No incumbents were defeated in the General Assembly elections.
  • Washington State Legislature: Special elections took place in the state Senate and state House in order to address eight vacated seats between the two chambers. The vacated seats included five seats in the state Senate and three seats in the state House. Democratic candidate Manka Dhingra won the special election for Senate District 45. Her win gives Democrats full control of the state Senate and a state government trifecta in Washington. Democrats already had a numerical majority in the state Senate. However, because Senator Tim Sheldon (D) caucuses with the GOP, Republicans maintained effective control of the chamber.

Roundup of statewide ballot measures

  • On Tuesday, voters in seven states approved 16 measures, defeated three measures, and voters in Washington voted to advise repealing three tax bills passed in the 2017 session.
  • Maine
    • Question 1: Maine voters defeated Question 1—a citizen initiative designed to give Shawn Scott authority to operate a casino in York County. Initiative proponents spent $2.7 million to get the initiative on the ballot and another $6.3 million campaigning to support it. Ultimately, 83 percent of voters rejected it.
    • Question 2: Maine voters approved Question 2—a citizen initiative to expand Medicaid according to Obamacare. Following the approval of the initiative by 59 percent of voters, Gov. Paul LePage (R) released a statement saying that he would seek to block or at least delay the implementation of Question 2 until the legislature provides funding for the state’s portion of the cost without raising taxes.
      • Fairness Project Executive Director Jonathan Schleifer said that similar citizen initiative petition efforts filed for 2018 ballots in other states gave the approval of Question 2 significance beyond healthcare coverage within Maine. The Fairness Project provided nearly $1 million to support Question 2. Schleifer said, "We need to end the conversation around repealing Obamacare and make it very clear, as we did last night, that folks want to expand it. We’re not waiting until 2020, we’re going to get as much of this done in 2018 as we can."
      • In his statement, LePage said, “The last time Maine experimented with Medicaid expansion in 2002 under then-governor Angus King, it created a $750 million debt to hospitals, resulted in massive budget shortfalls every year, did not reduce emergency room use, did not reduce the number of uninsured Mainers and took resources away from our most vulnerable residents—the elderly and the intellectually and physically disabled. Credit agencies are predicting that this fiscally irresponsible Medicaid expansion will be ruinous to Maine’s budget.”
    • Question 3: Maine voters approved the $105 million transportation bond issue 72 percent to 28 percent.
    • Question 4: Maine voters approved this legislatively referred amendment to increase from 10 years to 20 years the time required for the state to pay off MainePERS's unfunded liabilities.
  • New York
    • Proposal 1: New York voters rejected a proposal to hold a constitutional convention 83.2 percent to 16.8 percent. The proposal is automatically referred to the ballot every 20 years by the New York Constitution, with the most recent vote coming in 1997. A constitutional convention is a meeting of elected delegates who rewrite or propose amendments to the state constitution. Proposals developed at a convention are put on the ballot for voter consideration. Of the 12 times this question appeared on the ballot before 2017, seven resulted in constitutional conventions being held, and four of those conventions led to new state constitutions. The opposition campaign raised $3.2 million to urge voters to reject the proposal—out raising the support campaign over three-to-one. Polling showed a significant swing in voter opinion, with 69 percent supporting Proposal 1 in April 2016, 47 percent supporting it in July 2017, 57 percent opposing it in October 2017, and ultimately 83 percent opposing it at the polls on Tuesday.
    • Proposal 2: New Yorkers voted 73-27 to approve the legislatively referred amendment to authorize judges to reduce or revoke the public pension of a public officer convicted of a felony related to his or her official duties.
    • Proposal 3: The closest race on Tuesday was New York Proposal 3, which voters approved 52-48. Proposal 3 was designed to create a 250-acre land bank from which local governments could request state Forest Preserve land for qualifying projects, such as bike paths, sewer lines, and utility lines. The measure was also designed to require the state to add 250 new acres to the preserve to make up for the use of land for local projects.
  • Ohio
    • Issue 1: Ohioans voted 83-17 to approve Marsy’s Law, adding a bill of crime victims’ rights to the state constitution. Henry Nicholas, the co-founder of Broadcom Corp., started campaigning for this kind of legislation to increase the rights and privileges of victims. His national organization, Marsy's Law for All, was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in Montana, South Dakota, and North Dakota. Marsy’s Law is on the ballot for voters in Oklahoma and Nevada in 2018. Nicholas experienced one of the first setbacks to his efforts when, on November 1, 2017, the Montana Supreme Court struck down 2016’s Montana Marsy’s Law initiative as unconstitutional.
    • Issue 2: Ohioans defeated Ohio Issue 2, voting 79.3 percent to 20.7 percent. Issue 2 produced the state's most expensive ballot measure campaigns ever. The question at hand was whether the state and state agencies should be required to pay the same or lower prices for prescriptions drugs as the U.S. Department of Veterans Affairs. According to the latest pre-election campaign finance reports, the support campaign had raised $16.72 million, with 99.99 percent of that coming from the AIDS Healthcare Foundation. Pharmaceutical Research and Manufacturers of America (PhRMA) and a PhRMA subsidiary provided 100 percent of the $58.26 million in opposition funds. The two sides previously fought over California Proposition 61 in 2016, which was the most expensive ballot measure conflict of 2016 and was nearly identical to Ohio Issue 2. California voters rejected Proposition 61 by a vote of 53-47. Similar initiatives were filed in South Dakota and Washington, D.C., targeting the 2018 ballot.
  • New Jersey
    • Public Question 1: New Jersey voters approved the $125 million in library bonds 60 percent to 40 percent.
    • Public Question 2: New Jersey voters approved Public Question 2 in a vote of 69 percent to 31 percent. The question created a lockbox for state revenue from legal settlements and awards related to natural resource damages in cases of environmental contamination.
  • Pennsylvania: Pennsylvania voters approved the only statewide measure on the ballot. The amendment passed 54-46; it was designed to allow the state legislature to increase the amount of a home's assessed value that local taxing authorities―counties, municipalities, and school districts―are permitted to exempt from taxes.
  • Texas: Texas voters approved all seven constitutional amendments referred to the ballot by the state legislature. To read about the amendments click here.
  • Washington: Due to Initiative 960, approved in 2007, three advisory questions for tax-related bills passed during the 2017 legislative session were referred to the ballot. A majority of voters voted in favor of repealing all three tax bills.

Alaska House approves rollback of criminal justice bill in special session

  • Early in the morning on November 7, the Alaska House of Representatives passed SB 54, a bill that rolls back provisions from a 2016 bill, SB 91, that decreased prison sentences for nonviolent crimes and encouraged alternatives to prison. The state House, which is controlled by a Democratic-led bipartisan coalition, passed SB 54 by a 32-8 vote. SB 54 now returns to the Republican-controlled state Senate, which passed a different version of the bill in April by a 19-1 margin. State Sen. John Coghill (R), the original sponsor of SB 54, stated that he hopes his chamber rejects the House’s changes. This would likely lead to a conference committee where members could work on a compromise between the versions.
  • Before the House passed SB 54, there were 49 amendments offered during three days of floor debate. The changes the House made to SB 54 include lengthening sentences for petty theft and low-level felonies, increasing the amount of time convicts must wait before they are released from probation, and requiring persons convicted of vandalism to perform community service. State Rep. Cathy Tilton (R) offered one amendment that would have almost completely repealed SB 91. It was defeated by a 27-13 vote.

Special session background

  • SB 54 was passed by the state Senate in April 2017. It was proposed in reaction to an increase in crime, including burglary, robbery, assault, and theft, in the state in 2016. Some lawmakers, including Gov. Bill Walker (I), have said that the reduced criminal penalties from SB 91 are at least partially responsible for the rise in crime.
  • In addition to SB 54, Gov. Walker put HB 4001 on the special session agenda. HB 4001 would levy a 1.5 percent payroll tax on Alaskans’ wages and is expected to raise around $300 million a year. HB 4001 is aimed at closing Alaska’s budget deficit, which is expected to be $2.5 billion by July 1, 2018. During the 2017 session and subsequent special sessions, the Legislature debated how to address the budget deficit, which has persisted in recent years as the price of oil, a major business and source of government revenue in Alaska, has declined.
  • According to state Sen. Kevin Meyer (R), the differences between the chambers on enacting an income tax are likely to prevent HB 4001 from being passed during the special session. The state House, which is effectively controlled by Democrats through a bipartisan coalition, has advocated for an income tax, while the state Senate, which is controlled by Republicans, has generally pushed for spending cuts to close the deficit. The special session began October 23 and can last for 30 days.
  • While funds from the state’s Constitutional Budget reserve have been used in recent years to cover the deficit, both chambers have also expressed interest in using dividends from the state’s $60 billion Permanent Fund, which uses money from the oil industry to send an annual check to each Alaskan. Both chambers passed bills in 2017 that would have drawn from the Permanent Fund to decrease the deficit. However, the differences between the bills were not reconciled between the chambers. The amount of the check that Alaskans receive has fluctuated between $1,000 and $2,000 over the last three years. Alaska is the only state that does not currently have an income tax or a statewide sales tax.
  • Alaska is one of 18 states under divided government. Republicans have a 14-6 majority in the Senate, while a coalition of 17 Democrats, three Republicans, and two independents control the 40-member House.

Democratic candidates sweep trio of statewide executive elections in Virginia

  • On Tuesday, elections were held in Virginia for the offices of governor, lieutenant governor, and attorney general. All three elections resulted in victory for the Democratic candidate; because all three offices were held by members of the Democratic Party heading into the elections, the state's trifecta and triplex status were not impacted.
  • In the gubernatorial election, Lt. Gov. Ralph Northam (D) defeated former Republican National Committee Chairman Ed Gillespie (R) and patent attorney Cliff Hyra (Lib.) to be elected the 73rd governor of Virginia, succeeding term-limited Gov. Terry McAuliffe (D). Northam secured an 8.9 percent margin of victory over Gillespie, the largest margin of victory for a Democratic gubernatorial candidate in Virginia since Gerald Baliles' 10.4 percent margin in 1985. Northam's victory continued Virginia's trend of not electing candidates from the sitting president's party to the governor's mansion; prior to sitting Gov. Terry McAuliffe's (D) election in 2013, Virginia had not elected a governor from the president's party since 1973.
  • The election also continued a recent trend of Democratic victories in statewide Virginia elections (elections for the offices of president, U.S. Senator, governor, lieutenant governor, and attorney general); heading into the 2017 elections, Democratic candidates had won each of the seven previous statewide elections. Northam's 8.9 percent margin of victory was higher than the margin of victory in six of those seven elections, surpassing Gov. McAuliffe's 2.5 percent margin in 2013 and Hillary Clinton's 5.3 percent margin in 2016. The one election out of the seven that was decided by a wider margin was Northam's election to the lieutenant governorship in 2013, in which he received a 10.3 percent margin of victory. Click here to view more information about this election, including information on endorsements, polling, campaign finance, and historical election trends.
  • In the lieutenant gubernatorial election, former Assistant U.S. Attorney Justin Fairfax (D) defeated state Sen. Jill Vogel (R) by a 5.4 percent margin. In Virginia, the lieutenant governor presides over the state Senate, where they are given a tiebreaking vote. Fairfax's election to succeed Northam as lieutenant governor means that the Democratic Party will hold on to the tiebreaking vote in the chamber, which is currently under a 21-19 Republican majority.
  • The attorney general election saw sitting Attorney General Mark Herring (D) defeat attorney John Adams (R) by a 6.5 percent margin, making Herring the first Virginia attorney general to secure re-election since 1989. Herring's 6.5 percent margin of victory was wider than in 2013, when he was first elected to the office by a margin of 165 votes out of more than 2.2 million cast.
  • Heading into the election, the Republican Party held majorities in both chambers of the state legislature while the Democratic Party controlled the governor's mansion, meaning that neither party held a trifecta. Northam's election as governor means that neither party will gain a trifecta in Virginia and the state will remain under divided government. Had Gillespie been elected governor, the Republican Party would have had the potential to gain a trifecta in Virginia. Because the state Senate did not hold regularly-scheduled elections this year, it was not possible for the Democratic Party to gain a trifecta in Virginia.
  • Meanwhile, because the governor, attorney general, and secretary of state were all Democrats, the Democratic Party held a triplex in Virginia heading into the election. In Virginia, the secretary of state is appointed by the governor, meaning that triplex control is determined by the results of the gubernatorial and attorney general elections. Northam and Herring's victory in Tuesday's elections means that the Democratic Party will maintain its triplex in Virginia. Had Gillespie or Adams won, the Democratic Party would have lost its triplex; if both had won, it would have been replaced with a Republican triplex.

Gubernatorial election in New Jersey results in Democrats gaining trifecta

  • On Tuesday, voters in New Jersey went to the polls to elect a successor to term-limited Gov. Chris Christie (R). Former Ambassador to Germany Phil Murphy (D) was elected as the state's 56th governor, handing control of the governor's mansion to the Democratic Party.
  • In Tuesday's election, Murphy defeated Lt. Gov. Kim Guadagno (R), network engineer Peter Rohrman (Lib.), pastor Seth Kaper-Dale (Green), activist Matt Riccardi (Constitution), and independent candidates Gina Genovese and Vincent Ross by a 13.4 percent margin. Murphy's margin of victory was less than the 22.1 percent margin by which Gov. Christie (R) secured re-election in 2013 and Hillary Clinton's 14.1 percent margin of victory in 2016. The results were consistent with pre-election polling information; every poll conducted had indicated that Murphy had a lead outside the margin of error.
  • This was the third gubernatorial election in the state's history in which candidates selected running mates; prior to the passage of an amendment to the state constitution in 2005, New Jersey did not have a lieutenant governor. Murphy's election to the office of governor means that his running mate, Assemblywoman Sheila Oliver (D), will become the state's 2nd lieutenant governor. Under the New Jersey Constitution, the governor is required to appoint the lieutenant governor to head a state agency or delegate a portion of their own responsibilities to the lieutenant governor. While Gov. Christie appointed his running mate as secretary of state, Murphy announced on Thursday that Oliver would serve as commissioner of the Department of Community Affairs.
  • Heading into the 2017 elections, the Democratic Party held majorities in both houses of the state Legislature while the Republican Party held the governor's mansion, meaning that neither party held a trifecta in New Jersey. Because the Democratic Party maintained its majorities in the state legislature while taking the governor's mansion, New Jersey will become a Democratic trifecta for the first time since 2009 when Murphy takes office in January. Heading into the 2017 elections, there were 26 Republican trifectas and six Democratic trifectas.
  • In New Jersey, the governor appoints the attorney general and secretary of state, meaning that whichever party controls the governor's mansion always has a triplex. Murphy's election to succeed Christie as governor means that the state's Republican triplex will be replaced with a Democratic triplex when Murphy takes office. There were 23 Republican triplexes and 11 Democratic triplexes on the eve of the 2017 elections.

Wisconsin Legislature approves call for an Article V Convention

  • Members of the Wisconsin State Senate voted 19-14 in favor of a resolution calling for an Article V Constitutional Convention, a convention of the states to propose amendments to the U.S. Constitution. The state Assembly passed the resolution in June on a 54-41 vote. The Wisconsin resolution calls for a convention in order to propose amendments that would require the federal government to operate under a balanced budget. Twenty-eight states, including Wisconsin, have called for a convention to propose a balanced budget amendment.
  • An Article V Convention can be called at the request of two-thirds (34) of state legislatures. Six more states would need to join the call in order to trigger a convention. Since there happen to be six remaining Republican-controlled state legislatures that have not approved Article V resolutions, a September 2017 report in The Economist suggests that a convention could possibly occur as early as 2019 if the six states join in passing resolutions.
  • Amendments to the United States Constitution can be ratified by three-fourths (38) of states during a convention. However, since no Article V state convention has been held since the U.S. Constitution was ratified in 1787, it is not clear whether the scope of a constitutional convention can be limited to a single subject. According to Wisconsin Public Radio, constitutional law scholars are uncertain of whether additional amendments outside the scope of the call could be considered.
  • There are also efforts in the works to call conventions for other proposals, such as campaign finance and limiting the power of the federal government. According to The Economist, 42 states had some version of an Article V resolution pending in their state legislatures. For this reason, the Wisconsin Legislature passed two additional resolutions aimed at limiting the scope of potential convention amendments to the subject of the call and prohibiting delegates from considering amendments outside of the intended scope.

Wednesday, November 8

Maine Governor Paul LePage vows to block implementation of Question 2

  • On Wednesday, Governor Paul LePage (R) of Maine announced his intention to delay or prevent the implementation of an expansion of the state's Medicaid program approved in a ballot measure on Tuesday. The measure, Maine Question 2, called for the state's MaineCare program to provide Medicaid coverage to all Mainers aged 65 or under whose household incomes were at or below 138 percent of the federal poverty line, and was approved by 58.94 percent of voters on Tuesday.
  • During his time in office, LePage has vetoed five bills that would expand the state's Medicaid coverage. In his statement on Wednesday, LePage referenced the state's last Medicaid expansion in 2002, arguing that it "did not reduce the number of uninsured Mainers and took resources away from our most vulnerable residents – the elderly and the intellectually and physically disabled." LePage went on to state that he would oppose the ballot measure's implementation unless the legislature drafted a plan to cover the state's portion of the expense without new taxes or a reduction in the budget surplus.
  • Under the Affordable Care Act, states opting to expand Medicaid coverage are responsible for covering 10 percent of expansion costs from 2020 onward while the remainder is funded by the federal government. Under Maine law, the measure takes effect 30 days after election results are officially proclaimed, although measures such as this one that would require new appropriations may be delayed until 45 days after the beginning of the next legislative session. Under the terms laid out in the ballot measure, the state's Department of Health and Human Services has 90 days after the measure takes effect to submit a plan to the federal government and 180 days to implement the proposal. Unofficial estimates which have already been released project that the measure would expand coverage to between 70,000 and 80,000 Maine residents. The Maine Office of Fiscal and Program Review suggests that this would represent a cost to the state of $54.5 million annually.
  • In his statement on Wednesday, LePage did not detail how he planned to prevent the measure from being implemented. Maine state law does not provide an avenue for a governor to overrule a ballot measure without action by the legislature. While LePage could order the state Department of Health and Human Services to delay implementation of the measure, he could face a legal challenge from Mainers for Health Care, the group that led the campaign in support of Question 2. Mainers for Health Care spokesman David Farmer suggested that a move to delay the measure's implementation would violate state law: "More than 70,000 Mainers have already waited too long for health care...They shouldn’t have to wait any longer. The governor cannot ignore the law or the constitution of Maine. Simply put, the governor does not have veto power of citizens initiatives and he cannot ignore the law."
  • Because the Democratic Party holds a majority in the state House of Representatives while the governor is a Republican and the Republican Party holds a majority in the state Senate, Maine is one of 18 states to be under divided government. Meanwhile, since the governor is a Republican while the attorney general and secretary of state are Democrats, Maine is also one of 16 states where neither party holds a triplex. This means that Maine is one of 10 states where there is neither a trifecta nor a triplex.

Illinois veto session continues

  • On November 7 and 8, the Illinois General Assembly continued to consider vetoes issued by Gov. Bruce Rauner (R) in a veto session that began on October 24. On November 8, the state Senate overrode his vetoes of a bill that will require state agencies to keep track of the debt they owe and another that mandates the teaching of cursive writing in public schools. The state House had already voted to override his vetoes of both bills, meaning the measures will become law.
  • The previous day, the state House failed to override Rauner’s veto of a bill that would have prevented local governments from establishing right to work zones that limit unions’ abilities to collect dues. This was the second time the override vote failed, with the previous vote occurring on October 25. Both times, the veto override received 70 votes, one short of the 71 needed to override. In each vote, at least one Democratic lawmaker who had previously supported the bill was absent.
  • During the veto session, Republicans in the General Assembly have helped the Democratic majority override Rauner vetoes, which has not been the norm since he won the governor’s office in 2014. As of November 9, Rauner had been overridden on 15 of 39 vetoes he issued. Prior to 2017, he had only been overridden once. Rauner recently come into conflict with members of the Republican Party when he signed HB 40, a bill that removed a provision in Illinois law that would have made abortion illegal in the state in the event that the U.S. Supreme Court overturned its ruling in Roe v. Wade. The bill also required that Medicaid and state employee health insurance plans cover abortions. As of October 10, 2017, Ballotpedia had identified eight House Republicans and four Senate Republicans who publicly opposed Rauner’s signing of HB 40. On October 31, state Rep. and HB 40 opponent Jeanne Ives (R) announced she would challenge Rauner in the 2018 Republican gubernatorial primary.
  • A veto override in Illinois requires a three-fifths vote in each chamber, which is 71 members of the state House and 36 members of the state Senate. Democrats currently have a 67-51 majority in the state House and a 37-22 majority in the state Senate. Illinois is one of 18 states under divided government.

Thursday, November 9

Recall supporters fail to submit enough signatures against a Nevada state senator

  • Recall supporters had until November 9 to turn in 7,104 signatures to force a recall election against nonpartisan state Senator Patricia Farley. Recall supporters came up short and turned in about 2,000 signatures.
  • Recall supporter John Gibson told The Nevada Independent that Farley was targeted for recall over her support of a $1.1 billion tax increase and a prevailing wage exemption bill.
  • State Sen. Patricia Farley was elected to the chamber in 2014 as a Republican with a margin of victory of 18 percent. Farley announced shortly after the November 2016 general election that she would change her party affiliation from Republican to nonpartisan with the intention of caucusing with Democrats. The change in affiliation came after Democrats gained majorities in both the state Senate and state Assembly.
  • As of November 2017, seven recall petitions had been filed against state lawmakers in 2017. Three recall petitions failed to make the ballot and four are still on going.
  • Nevada is one of 18 states under divided government. Democrats have a 10-9 majority in the Nevada State Senate with one nonpartisan member caucusing with Democrats and one vacancy. Democrats also have a 27-14 majority in the Nevada State Assembly with one vacancy. The governor’s office is held by Republican Brian Sandoval.

Prieto endorses Coughlin as next speaker of the New Jersey General Assembly

  • Two days after the 2017 elections, Speaker Vincent Prieto (D) endorsed Craig Coughlin (D) to replace him, ending the battle between the two over the leadership post.
  • Coughlin for months has had the caucus votes to win the speakership in January but Prieto held out hope that the election would flip the votes back in his favor. That was not the case.
  • The General Assembly will officially elect its new leader in January. The speaker is responsible for deciding which bills get voted on. The state Senate on Thursday re-elected Steve Sweeney as President.
  • When Coughlin is elected in January, the Assembly will be run by a lawmaker from Central Jersey. For the past eight years, the speaker and Senate president has been either from North or South Jersey. Senate President Sweeney is from South Jersey.
  • New Jersey is currently one of 18 states under divided government. Democrats control the Senate by a 24-16 majority. Democrats control the Assembly by a 52-28 majority. Gov. Chris Christie (R) was elected to a four-year term in 2013. As a result of the 2017 elections, New Jersey will become a Democratic trifecta when Gov.-elect Phil Murphy (D) is sworn in to office on January 16.

Special Elections

As of this week, 80 state legislative seats have been filled through special elections in 2017, and another 18 special elections have been scheduled in 11 states. Elections have been held for 45 Democratic seats and 53 Republican seats. Democrats have flipped 12 seats as a result of special state legislative elections in 2017. Republicans have flipped one seat. 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:

November 14

November 18

Local Politics: The Week in Review

Elections Update

Tuesday, November 7

Ballotpedia's review of the results in November's municipal races

Ballotpedia’s review of the results in November's top local ballot measure races

  • Arizona
    • Tucson voters defeated a sales tax initiative to fund early childhood education financial aid. Voters also rejected bond propositions in Tucson USD and Sunnyside USD. Proposition 202—a charter amendment initiative to authorize a sales tax for the zoo—passed by a 2.3 percent margin. Proposition 203, the other initiative necessary for the zoo sales tax to be enacted, was passing by a margin of 633 votes—less than 1 percent of votes counted—and is too close to call with certainty until results are official.
  • Colorado
    • Denver voters approved all nine ballot questions on their ballots. The city passed Initiative 300 in a vote of 54 percent to 46 percent, making Denver, along with Toronto San Francisco, the only cities in North America to have a green-roof/solar mandate for large buildings. Voters also approved the seven-question, $937 million bond package on the ballot, as well as the council-referred charter amendment to change the name and board size for the Denver Department of Environmental Health—now called the Department of Public Health and Environment.
    • Colorado Springs voters approved stormwater fees, a school district tax levy, and a TABOR override.
    • Aurora voters narrowly approved a salary increase for the city council members and the mayor.
    • Broomfield voters approved Initiative 301 in a vote of 57.5 percent to 42.5 percent. Question 301 was an initiative charter amendment to give the city authority over oil and gas activity and to require the health, safety, and welfare of residents and the safeguarding of the environment as necessary conditions of oil and gas development. The likely legal battle over this charter amendment and the way in which it will be implemented by the city council are question marks that remain following the election. This measure is highlighted here because of it’s notable topic even though this measure fell outside of Ballotpedia’s coverage scope.
  • Florida
    • Hialeah and Miami voters approved all of the ballot questions on their ballots. Hialeah questions concerned amending the city charter to authorize sale of property. Miami’s questions included a $400 million bond issue and various charter amendments concerning city administration and property lease.
  • Michigan
    • Detroit voters approved both medical marijuana measures on their ballots.
  • Missouri
    • Kansas City voters authorized a new airport terminal, and approved the removal of two plots of land from the city’s park system.
    • St. Louis voters approved a public safety sales tax.
    • Voters in the St. Joseph School District rejected a property tax levy proposition in the wake of scandals, investigations, and deficit spending.
  • New Jersey
    • Voters in Monmouth and Phillipsburg approved open space and recreation funds created through property tax levies.
  • North Carolina
    • Mecklenburg County School District voters approved a 922 million bond issue.
  • Ohio
    • Bond issues and tax levies were approved in Cleveland, Cuyahoga County, Franklin County, Hamilton County, Cincinnati, and Toledo. For the details about each measure, click here.
    • Athens voters approved a marijuana decriminalization initiative, becoming the sixth city in the state to do so.
  • Texas
    • Dallas:
      • Voters across Dallas County rejected a proposition to continue the operation of Dallas County Schools (DCS), which mainly provides transportation services to independent school districts in the county. The defeat of Proposition A allows the state legislature’s plan for dissolving the DCS board immediately and, under the guidance of a dissolution board, shutting down the operation of the district over the next year, and continuing the countywide tax levy only long enough to pay off bond debt to go into effect.
      • Dallas city voters approved a ten-proposition, $1.05 billion bond issue package.
    • Fort Worth voters approved a Fort Worth ISD property tax levy and a $749.7 million bond issue for Fort Worth ISD.
    • Austin voters approved a $1.05 billion bond issue for Austin ISD and joined other county voters in approving Travis County transportation and parks bond issues.
    • Williamson County voters a charter amendment to abolish the office of county surveyor.
  • Washington
  • King County voters approved a property tax levy for veterans and seniors.

Ballotpedia's review of the results in November's school board races

Ballotpedia's review of the results in November's local trial court races

  • On November 7, local trial court judgeships were up for election in five states and eight of the 100 largest cities in the U.S. by population. In total, 64 judges faced retention election, and all were retained. An additional 422 judgeships were up for contested election. Incumbents ran for re-election to 270 (64.0 percent) of those seats, and 17 (6.3 percent) incumbents were defeated. A total of 214 (50.7 percent) of those judicial elections featured a single candidate who won the judgeship unopposed. Click here to learn what happened in judicial races across the country.
WHAT'S ON TAP NEXT WEEK

Here's what is happening in state and local politics this week. To see what happened in federal politics, click here.

State Politics: What's On Tap Next Week

Tuesday, November 14

Signatures due for a recall petition against a Nevada state senator

  • Signatures are due for a recall petition targeting Democratic state Senator Nicole Cannizzaro. Supporters of the recall effort need to submit 14,108 signatures to move the recall forward.
  • The recall petition did not give an official reason for the recall against Sen. Cannizzaro. The recall effort was initiated by Neil Roth, Claire Roth, and Kathryn McKenzie. The recall seeks to replace Cannizzaro with Republican April Becker.
  • Sen. Cannizzaro (D) was elected to the chamber in 2016. Cannizzaro defeated former Assemblywoman Victoria Seaman (R) in the 2016 general election by 1,036 votes, 51 percent to 49 percent. The seat was previously held by Lt. Gov. Mark Hutchison (R). Hutchison was elected to Senate District 6 in 2012 by a margin of 901 votes, 51 percent to 49 percent.
  • As of November 2017, seven recall petitions had been filed against state lawmakers in 2017. Three recall petitions failed to make the ballot and four are still on going.
  • Nevada is one of 18 states under divided government. Democrats have a 10-9 majority in the Nevada State Senate with one nonpartisan member caucusing with Democrats and one vacancy. Democrats also have a 27-14 majority in the Nevada State Assembly with one vacancy. The governor’s office is held by Republican Brian Sandoval.

Montana will convene a special legislative session over budget shortfall

  • The Montana State Legislature is expected to meet in special session on November 14. Gov. Steve Bullock (D) is calling the Legislature into special session to address the budget deficit. The state is facing a projected budget deficit of $227 million. The deficit is due to lower than expected tax revenues and an expensive wildfire season. The state spent close to $400 million on fighting wildfires in 2017.
  • Gov. Bullock’s proposed plan to deal with the shortfall is to divide the deficit into thirds. A temporary tax increase would raise $75.1 million, $76 million would be cut from state agencies, and another $76.5 million would come from fund transfers and other legislation.
  • Montana is one of 18 states under divided government. Republicans control the Senate by a 32-18 majority. Republicans control the House by a 59-41 majority. Gov. Steve Bullock (D) was elected to a four-year term in 2016.

Special elections to be held in three Republican-controlled Oklahoma legislative districts

  • Special general elections are being held in two state Senate districts and one state House district. These will be the last of seven special elections held in Oklahoma this year. In three of the last four special elections this year, Democrats were able to flip the districts from Republican control to Democratic control.
  • In Senate District 37, Allison Ikley-Freeman (D) and Brian O'Hara (R) are facing off in the general election. On June 6, 2017, Senator Dan Newberry (R) announced that he will resign from the state Senate, effective January 31, 2018. He cited his pursuit of a professional promotion in a press release. Newberry was last re-elected in 2016, earning 55.7 percent of the vote.
  • Steven Vincent (D) and Paul Rosino (R) are facing off in the Senate District 45 general election. The seat is vacant after Kyle D. Loveless (R) resigned on April 27, 2017, amid an investigation by the Oklahoma Ethics Commission. Loveless ran unopposed in the last two general elections.
  • Chris Vanlandingham (D) and Ross Ford (R) are facing off for House District 76. The seat was left vacant after David Brumbaugh (R) passed away on April 15, 2017. Brumbaugh won re-election in the last three elections with around 70 percent of the vote.
  • Oklahoma is one of 26 Republican state government trifectas. With two vacancies, Republicans hold a 39-7 majority in the state Senate. The state House is controlled by a 72-28 Republican majority with one vacancy. Gov. Mary Fallin was re-elected to a four-year term in 2014.

Special primary elections to be held in South Carolina House of Representatives

  • Special primary elections are being held in District 28 and District 99 of the South Carolina House of Representatives. Candidates winning in these primary elections will move on to the general election being held on January 16, 2018. If no candidate receives more than 50 percent of the vote in the primary, a runoff will be held on November 28.
  • In District 28, Krystal Blume, Jonathan Smith, Ashley Trantham, and Bill Welch are facing off in the Republican primary. No Democratic candidates filed for election. On August 29, 2017, District 28 Representative Eric Bedingfield announced that he will resign from the state House effective January 18, 2018, in order to become the director of government affairs at Greenville Technical College.
  • In District 99, Cindy Boatwright is running unopposed in the Democratic primary. Jarrod Brooks, Nancy Mace, Shawn Pinkston, and Mark Smith are facing off in the Republican primary. The seat is vacant following James Merrill's (R) resignation on September 1, 2017. On December 14, 2016, Merrill was indicted by a grand jury on 30 counts of ethics violations. Merrill faced no general election opposition over the last decade.
  • South Carolina is one of 26 Republican state government trifectas. Republicans maintain a 28-18 majority in the state Senate. With four vacancies, the state House is controlled by a 78-42 Republican majority. Gov. Henry McMaster succeeded former Governor Nikki Haley (R), who was confirmed as the U.S. ambassador to the United Nations on January 24, 2017. McMaster will serve out the remainder of Haley's term, which expires in January 2019.
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Local Politics: What's On Tap Next Week

Tuesday, November 14

Democrats look to win runoff to replace Berry (R) as mayor of Albuquerque

  • Runoff elections will be held in Albuquerque for mayor and the District 5 seat on city council. Incumbent Richard Berry (R) did not seek re-election to a third term. State Auditor Tim Keller (D) finished first with over 39 percent of the vote ahead of seven other candidates in the general election held on October 3, 2017. Since Keller did not receive a majority of the vote in the general, he faces District 5 councilman Dan Lewis (R), who was second with just under 23 percent. After the general election, Keller received the endorsement of former state party chairman Brian Colon (D), who finished third with 16 percent of the vote. A Carroll Strategies poll conducted the day after the general election showed that Keller was preferred by 49 percent of respondents, Lewis by 36 percent, and 14 percent were undecided. Although municipal races in Albuquerque are officially nonpartisan, this race represents the final mayoral election of 2017 that might result in a flip of partisan control, since the two runoff election candidates are aligned with different parties. For more information on Ballotpedia’s coverage of partisanship in United States municipal elections, please click here.
    • Robert Aragon and Cynthia Borrego will meet in the runoff election for the District 5 seat on the Albuquerque City Council, which is open due to Lewis’ run for mayor. Aragon defeated Borrego by fewer than 150 votes, 39.3 percent to 37.9 percent, in the general election held on October 3. Third-place finisher Catherine Trujillo received just under 23 percent of the vote. Although municipal races in Albuquerque are officially nonpartisan, Aragon is a Republican and Borrego identifies as a Democrat. Albuquerque is the largest city in New Mexico and the 32nd-largest city in the U.S. by population.

School board recall election in Nebraska

  • In Nebraska, a recall election will be held to determine whether J.B. Atkins should be removed from his position on the Broken Bow Public Schools school board. The recall was initiated by a Broken Bow resident who contends that Atkins had promoted a personal agenda while on the board that caused the school district to be underfunded. The recall effort originally included another school board member, Carl French, but an Eighth District Court ruled that the petition against French had been submitted too late since it was within six months of his filing deadline to run for re-election. Broken Bow is located in central Nebraska and had a population of about 3,500 residents according to the 2010 U.S. Census.


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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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