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December 8, 2017Issue No. 92

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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 18 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 4

ACLU of Nebraska seeks court action to overturn Referendum 426, which reinstated death penalty in 2016

  • On December 4, 2017, the ACLU of Nebraska filed a lawsuit in the Nebraska District 3 Court to prevent the execution of inmates on death row, arguing that Referendum 426 should be ruled void. Voters approved Referendum 426 on November 8, 2016, overturning a piece of legislation, LB 268, that banned the death penalty in Nebraska. The state is one of 31 where the death penalty is currently legal.
  • According to the ACLU of Nebraska, Gov. Pete Ricketts (R) "proposed, initiated, funded, organized, operated, and controlled" the petition drive for the veto referendum, lent government staff to the campaign, and, along with his parents Joe and Marlene Ricketts, provided 29 percent of the campaign's funds. The organization argued that these actions violated the state constitution's separation of powers clause because Gov. Ricketts was treating himself as the legislative branch through his actions to reverse the state legislature's override of his veto of LB 268.
  • The Nebraska Senate approved LB 268 in a 32-15 vote on May 20, 2015. Gov. Ricketts vetoed the bill on May 26, 2015. The Senate addressed the governor’s veto on May 27, 2015, voting 30-19 to overturn his action and pass the bill. Nebraskans for the Death Penalty, a political action committee, was launched to overturn LB 268 and reinstate the death penalty.
  • Danielle Conrad, director of the ACLU of Nebraska, stated, "In Nebraska, our state Constitution ... establishes a strong tradition with a clear separation of powers. The governor can’t have it both ways and serve both as a member of the executive and legislative branches.” Amy Miller, the group's legal director, added, "It’s our position that when the legislature overrode his veto, that was the limit of what the governor could do to influence state law.”
  • Taylor Gage, a spokesperson to Gov. Ricketts, responded, saying, "The Governor's Office holds itself to a high standard and follows state law regarding the use of taxpayer resources. This liberal advocacy group has repeatedly worked to overturn the clear voice of the Nebraska people on the issue of capital punishment and waste taxpayer dollars with frivolous litigation. The administration remains committed to protecting public safety and creating a safe environment for our Corrections officers."
  • In 2016, voters in all three states featuring death penalty-related measures voted in favor of the death penalty and against efforts to repeal it. As of December 4, 2017, no initiatives had been filed in any states to repeal the death penalty in 2018.

Los Angeles City Attorney files lawsuit against Uber over data breach

  • Los Angeles City Attorney Mike Feuer filed a lawsuit against Uber in superior court over allegations that the company failed to disclose a breach of customer data. The lawsuit filed on behalf of California residents focuses on an October 2016 breach that impacted 600,000 Uber drivers in the United States. Feuer argues in the lawsuit that Uber failed to comply with a state law that requires breaches or hacks of consumer data to be reported without delay to state officials. Uber reported the breach in November 2017 after the company paid hackers $100,000 to destroy the gathered data. The lawsuit seeks $2,500 for each violation of state law and points to a $20,000 fine paid to the state of New York for a 2014 data breach as evidence of continued mismanagement of data.
  • Uber Chief Executive Officer Dara Khosrowshahi responded by acknowledging the company's failure to protect driver information. Khosrowshahi also said that the company offered affected drivers free credit monitoring and identity protection. The Los Angeles Times reported that the breach only impacted driver's license numbers with no credit card, bank account, or Social Security numbers found in the hacked data.
    • Ballotpedia's July 2017 review of ridesharing in the United States found that ridesharing companies are allowed to operate legally in all 100 of the largest cities by population. By comparison, 66 of the 100 largest cities in the United States allow homesharing companies like Airbnb to legally operate.

Massachusetts Senate president temporarily steps down after husband is accused of sexual harassment

  • Massachusetts State Senate President Stanley Rosenberg (D) temporarily stepped down as the chamber’s leader after the Boston Globe reported on November 30 that four men with connections to state legislative business accused his husband, Bryon Hefner, of sexually harassing them. Sen. Harriette Chandler (D) will serve as acting president while the state Senate’s ethics committee investigates whether Hefner’s actions resulted in the violation of chamber rules. Attorney General Maura Healey (D) and Suffolk District Attorney Dan Conley opened a criminal investigation into the matter. Rosenberg said that he supported an investigation of the matter and that Hefner did not have influence over his actions as state Senate president.
  • As of December 7, 2017, Massachusetts was one of 25 state capitols where there had been an official response or organized campaign related to sexual misconduct allegations. Starting in October 2017, stories of sexual misconduct in state capitols emerged following a rising tide of media coverage triggered by sexual harassment allegations against Hollywood film producer Harvey Weinstein.
  • Massachusetts is one of 17 states under divided government. Charlie Baker (R) serves as governor, while Democrats control both state legislative chambers.

Retirements mean first open seats up for election to the Nevada Supreme Court since 2008

  • Two Nevada Supreme Court justices have announced that they will not seek re-election in 2018. Chief Justice Michael Cherry and Justice Michael Douglas both announced that they will retire when their current terms end on January 6, 2019. Their seats will be filled through open nonpartisan elections 2018. The last time a seat on the court was filled through an open election was in 2008.
  • Douglas, the first black justice in Nevada’s history, was appointed by Republican Governor Kenny Guinn in March 2004 and took office on April 19, 2004. He was elected in 2006 and re-elected in 2012. Cherry was elected to the court on November 7, 2006. He previously served as chief justice from May 7, 2012, until January 5, 2013. He was also re-elected in 2012.
  • The seven justices of the Nevada Supreme Court are elected to six-year terms in nonpartisan elections. To serve additional terms, judges must run for re-election. In the event of a midterm vacancy, the Nevada Commission on Judicial Selection solicits and screens applicants to fill the judgeship. It makes recommendations to the governor, who appoints a mid-term replacement to serve until the next general election. If re-elected, the appointee serves out the remainder of the predecessor's unexpired term. The Commission is made up of the current chief justice of the Nevada Supreme Court, three non-attorney members who are appointed by the governor, and three attorneys who are appointed by the Nevada State Bar. In making their three appointments, the governor and the state bar can only appoint two members from the same political party and only one member from any Nevada county. Members serve staggered four-year terms.

Candidates file for Illinois Court of Appeals

  • The filing deadline passed for candidates running for election in Illinois. There will be partisan elections for three judges of the Illinois Court of Appeals. Two judges from the Fourth District are running unopposed, and there will be one contested race in the Fifth District. In Illinois, judges run for retention after winning an initial partisan election. These judges have until May 6 to file for the election. Illinois Supreme Court Justice Anne Burke and three more court of appeals judges are up for retention in 2018.

28 percent rise in candidates filed for Illinois legislative seats; Democratic and Republican primaries nearly double from 2016

  • The filing deadline passed for candidates to run in the 2018 elections for Illinois State Senate and House of Representatives. A total of 340 candidates—199 Democrats and 141 Republicans—filed for election. In 2016, 266 candidates—150 Democrats and 116 Republican—filed for state legislative races in Illinois. There were 235 candidates in 2014. The 340 candidates who filed for election in 2018 represents about a 28 percent increase over 2016, with Democratic and Republican candidates splitting that increase fairly evenly.
    • The number of primaries being held has also increased with the number of candidates who filed for election. In 2018, Democrats will hold 34 primaries between the two chambers while Republicans will hold 27 primaries. In 2016, there were 18 Democratic primaries and 15 Republican primaries. There were 13 Democratic primaries and 16 Republican primaries in 2014. About 20 percent of incumbents are facing primary opposition in 2018. From 2010 to 2016, around 11 percent of incumbents faced a primary opponent in Illinois legislative races.
    • Illinois is one of 17 states under divided government. Democrats have a 38-22 majority in the state Senate. The state House is controlled by a 67-51 Democratic majority. Gov. Bruce Rauner (R) was elected to a four-year term in 2014.

Richard Cordray running for governor of Ohio

  • On Monday, former Consumer Financial Protection Bureau Director Richard Cordray announced that he would seek the Democratic nomination for governor of Ohio in the May 8, 2018, primary election. Cordray was the bureau's first-ever director, serving in that role since 2012. His departure came less than one year before the July 2018 expiration of his term.
  • Cordray is the sixth Democrat to formally declare his candidacy, joining a field of candidates including Ohio Supreme Court Justice Bill O'Neill, former state Rep. Connie Pillich, state Sen. Joseph Schiavoni, former U.S. Rep. Betty Sutton, and Dayton Mayor Nan Whaley. Of those candidates, Cordray is the only one to have ever won a statewide election as a Democrat, having been elected as state treasurer in 2006 and as state attorney general in a 2008 special election (members of the Ohio Supreme Court are elected in nonpartisan elections).
  • Three candidates have so far declared their intention to seek the Republican nomination: state Attorney General Mike DeWine, Lt. Gov. Mary Taylor, and U.S. Rep. Jim Renacci. A fourth candidate, Secretary of State Jon Husted, announced on November 30 that he would drop out of the race and join the DeWine campaign as his running mate. Cordray's entry into the gubernatorial election opens the possibility of a rematch with DeWine, who unseated Cordray as state attorney general in the 2010 election.
  • Candidates have until February 7 to file for appearance on the primary ballot. The winners of the partisan primaries will advance to the November 6, 2018, general election, where they will face any declared third party or independent candidates in the race to succeed term-limited Gov. John Kasich (R).
  • In recent presidential elections, Ohio has not favored any one party, having been won by the overall nationwide winner in all elections since 1960, when Richard Nixon (R) won Ohio despite John F. Kennedy (D) winning the presidency. However, state-level politics have favored the Republican Party in recent years. All six elected statewide executive offices are held by Republicans, and the Republican candidate has won seven of the past ten gubernatorial elections. The Republican Party also holds majorities in both houses of the state Legislature; since the party also controls the governorship, this means that Ohio is one of 26 Republican trifectas. Additionally, since the governor, attorney general, and secretary of state are all Republicans, the state is one of 23 Republican triplexes. This means that Ohio is one of 21 states where the Republican Party holds both a trifecta and a triplex.

Illinois filing deadline passes, candidate fields emerge in state executive primaries

  • Monday was the close of the filing period for candidates wishing to appear on the March 20 Illinois primary ballot. A total of seven Democrats and two Republicans filed to appear on the gubernatorial primary ballot, while eight Democrats and two Republicans filed to appear on the attorney general primary ballot.
  • The Democratic candidates to file for governor included state Sen. Daniel Biss, Madison County Superintendent of Schools Bob Daiber, Terry Getz, activist Tio Hardiman, businessman Chris Kennedy, physician Robert Marshall, and businessman J.B. Pritzker. This is the Democratic Party's largest candidate field in an Illinois gubernatorial primary since 2002. The most recent poll to be conducted in this race, a Capitol Fax/We Ask America poll of 1,154 likely Democratic primary voters which was conducted October 17-18, found Pritzker with 39 percent support to Kennedy's 15 percent, Biss' 6 percent, and Hardiman and Daiber's 1 percent each. The remaining 36 percent of voters were undecided. The poll did not measure levels of support for Getz or Marshall.
  • Two candidates filed in the GOP primary election - sitting Gov. Bruce Rauner and state Rep. Jeanne Ives. Ives first began circulating petitions for a primary challenge against Rauner following his September 28 signature of HB 40, a bill which removed a provision in Illinois law that would have made abortion illegal in the state in the event that the U.S. Supreme Court overturns its ruling in Roe v. Wade. The bill also required that Medicaid and state employee health insurance cover the cost of obtaining an abortion. Rauner had previously clashed with Republican members of the state Legislature over sanctuary policy and the state's finances.
  • The race has drawn national attention due to the amount of money that candidates on both sides have raised. As of December 7, the state Board of Elections reported that Democratic fundraising leader J.B. Pritzker had raised a total of $35.2 million, while Republican fundraising leader and sitting Gov. Bruce Rauner had received a total of $100 million in contributions to his campaign account since he was first elected in November 2014.
  • In the race to succeed four-term Attorney General Lisa Madigan (D), a total of eight Democrats and two Republicans formally declared their candidacy. Madigan, the daughter of Speaker of the state House Mike Madigan (D), was first elected to the post in 2002 and was re-elected in 2006, 2010, and 2014. Madigan's September 15 announcement that she would not run for a fifth term in 2018 was followed by a series of declarations in the Democratic primary. This is the only attorney general primary election with more than two declared candidates from a single party in the historical records of the Illinois State Board of Elections, which date to 1998.
  • The eight candidates who declared they would seek the Democratic nomination include state Rep. Scott Drury, former Chicago Civilian Office of Police Accountability Chief Administrator Sharon Fairley, attorney Aaron Goldstein, attorney Renato Mariotti, former Gov. Pat Quinn, state Sen. Kwame Raoul, Highland Park Mayor Nancy Rotering, and attorney Jesse Ruiz. The two Republicans to declare are DuPage County Board member Gary Grasso and attorney Erika Harold.
  • Gov. Rauner was first elected in 2014, defeating sitting Gov. Pat Quinn (D) by a 4 percent margin. Rauner's election ended a Democratic hold on the Illinois governorship that dated to the 2002 election, which was the first gubernatorial election Illinois Democrats had won since 1972. In recent presidential elections, Illinois has tended to favor the Democratic Party; no Republican candidate has carried the state since then-Vice President George H. W. Bush in 1988. The pattern has also held true in state-level elections; the Democratic Party controls majorities in both houses of the state legislature as well as all statewide elected executive offices except the governorship and lieutenant governorship. However, since the Republican Party controls the governorship, the Democratic Party does not have a trifecta or a triplex in the state.


Tuesday, December 5

Dean Tran (R) wins Massachusetts State Senate special election for seat held by Democrats since 1974

  • Dean Tran (R) defeated Susan Chalifoux Zephir (D), Claire Freda (unenrolled), and Charlene DiCalogero (Green-Rainbow Party) in the special election for a vacant seat in the Worcester & Middlesex District in the Massachusetts State Senate. Hillary Clinton carried this seat 50-42 in 2016. Gov. Charlie Baker (R) campaigned for Dean Tran. Zephir's campaign was endorsed by Sen. Elizabeth Warren (D-MA) and Congresswoman Niki Tsongas (D-MA). The seat became vacant on August 31, 2017, when Jennifer Flanagan (D) resigned to join the state's Cannabis Control Commission. Flanagan was re-elected to the chamber in 2016 without any opposition.
    • As of December 2017, 17 seats had flipped in special elections in 2017. Democrats flipped 14 seats and Republicans flipped the other three. Massachusetts is one of 17 states under divided government. The state came under divided government in 2015 when Gov. Charlie Baker (R) was sworn into office for a four-year term. With one vacancy, Democrats control the Senate by a 33-6 majority. Democrats control the state House by a 125-34 majority with one independent member.

Democrats break up Republican supermajority in the Georgia Senate with Jen Jordan's (D) victory in the runoff election

  • Jen Jordan (D) defeated Jaha Howard (D) in the runoff election for District 6 in the Georgia State Senate. According to unofficial results, Jordan received 64 percent of the vote and Howard received 36 percent. Democrats Jen Jordan and Jaha Howard advanced to the runoff in District 6 on November 7 even though the five Republican candidates in the race won a larger share of the vote (50.7 percent) than the three Democrats running. When the winners of the runoff elections have been sworn in, Republicans will have a 36-19 majority in the state Senate with one vacancy. Thirty-eight seats are required for a supermajority. The seat became vacant following Hunter Hill's (R) resignation in September 2017 to focus on his run for governor.
    • As of December 2017, 17 seats had flipped in special elections in 2017. Democrats flipped 14 seats and Republicans flipped the other three. Georgia is one of 26 Republican trifectas. Georgia became a Republican trifecta following the 2004 elections when the Republican Party took control of the state House. Republicans currently control the Senate by a 36-17 majority with three vacancies and the House by a 115-62 majority with three vacancies. Gov. Nathan Deal (R) was elected to a four-year term in 2014.

Democrat Nikema Williams wins runoff election in the Georgia Senate

  • Nikema Williams (D) defeated Linda Pritchett (D) in the runoff election in District 39 of the Georgia State Senate. According to unofficial results, Williams won with 51 percent of the vote and Pritchett received 49 percent. The seat became vacant following Vincent Fort's (D) resignation in August 2017 to run for mayor of Atlanta.
    • Georgia is one of 26 Republican trifectas. Georgia became a Republican trifecta following the 2004 elections when the Republican Party took control of the state House. Republicans currently control the Senate by a 36-17 majority with three vacancies and the House by a 115-62 majority with three vacancies. Gov. Nathan Deal (R) was elected to a four-year term in 2014.

Democrat Kim Schofield wins runoff election for a vacant seat in the Georgia state House

  • Kim Schofield defeated fellow Democratic candidate De'Andre S. Pickett in the runoff election in District 60 in the Georgia House of Representatives. According to unofficial results, Schofield won with 53 percent of the vote and Pickett received 47 percent. The seat became vacant following Keisha Sean Waites' (D) resignation in September 2017 to focus on her run for the Fulton County Board of Commissioners.
    • Georgia is one of 26 Republican trifectas. Georgia became a Republican trifecta following the 2004 elections when the Republican Party took control of the state House. Republicans currently control the Senate by a 36-17 majority with three vacancies and the House by a 115-62 majority with three vacancies. Gov. Nathan Deal (R) was elected to a four-year term in 2014.

Democrat Bee Nguyen wins runoff election in the Georgia state House

  • Bee Nguyen (D) defeated Sachin Varghese (D) in the runoff election for District 89 of the Georgia House of Representatives. According to unofficial results, Nguyen received 52 percent of the vote and Varghese received 48 percent. The seat became vacant following Stacey Abrams' (D) resignation in August 2017 to focus on her run for governor.
    • Georgia is one of 26 Republican trifectas. Georgia became a Republican trifecta following the 2004 elections when the Republican Party took control of the state House. Republicans currently control the Senate by a 36-17 majority with three vacancies and the House by a 115-62 majority with three vacancies. Gov. Nathan Deal (R) was elected to a four-year term in 2014.

Special election held to fill a vacancy in the California State Assembly

  • Wendy Carrillo (D) defeated Luis Lopez (D) in the special election for District 51 of the California State Assembly. Unofficial results had Carillo winning with 53 percent of the vote. District 51 became vacant following Jimmy Gomez's (D) election to the U.S. House of Representatives on June 6, 2017. Carrillo and Lopez were the top-two finishers in the October 3 primary election. The two candidates defeated 11 others in the top-two primary.
    • California is one of seven Democratic state government trifectas. Democrats hold a 27-13 majority in the state Senate. The state Assembly is controlled by a 53-25 Democratic majority with two vacancies. Gov. Jerry Brown (D) was re-elected to a four-year term in 2014.

Widow of Pennsylvania state Representative Daniel McNeill wins special election to fill his vacant seat

  • Jeanne McNeill (D) defeated David Molony (R) and Samantha Dorney (L) in the special election for District 133 of the Pennsylvania House of Representatives. Unofficial results have McNeill winning with about 68 percent of the vote. District 133 became vacant after Daniel McNeill (D) passed away on September 8, 2017. Candidates running in the election were selected by their respective political parties. The Pennsylvania Democratic Party picked Daniel McNeill's widow, Jeanne, to run in the special election. Molony, who had previously challenged Daniel McNeill, was selected by the Lehigh County Republican Committee. Dorney ran as a Libertarian candidate.
    • Pennsylvania is one of 17 states under divided government. Republicans hold a 34-16 majority in the state Senate and a 121-80 majority in the state House with two vacancies. Gov. Tom Wolf (D) was elected to a four-year term in 2014, defeating incumbent Gov. Tom Corbett (R).

Filing deadline passes for three of four Missouri legislature special elections scheduled for February 6, 2018

  • Four Missouri House of Representatives districts will be up for special election on February 6, 2018. State House Districts 97, 129, and 144 had a filing deadline of December 5, 2017, while State Legislative District 39 will have one on December 15, 2017. Six candidates filed for the three seats, one Democratic candidate and one Republican candidate for each seat.
    • Five districts in Missouri held special elections in 2017, three House special elections and two Senate special elections. Between the five elections, 13 candidates filed for election, five Democratic candidates, five Republican candidates, and one Independent candidate, one Green Party candidate, and one Libertarian candidate.
    • The filing deadline for the Missouri House of Representatives District 39 seat is on December 15, 2017. As of December 7, 2017, two candidates had already filed for the seat, one Democratic candidate and one Republican candidate.
    • Missouri is one of 17 states under divided government. Republicans hold a 24-9 majority in the state Senate and a 112-45 majority in the state House with six vacancies. Gov. Eric Greitens (R) was elected to a four-year term in 2016.

Wednesday, December 6

Five Massachusetts initiatives move closer to the 2018 ballot following signature deadline

  • The deadline for submitting initiative signatures to the Massachusetts secretary of the commonwealth passed; initiative groups in Massachusetts will soon learn whether their measures will move forward in the state process towards the 2018 ballot
  • Five proponent organizations submitted signatures and expect their measures to progress to the state legislature for consideration. These measures deal with increasing the state minimum wage, limiting the number of patients nurses can be assigned, decreasing state sales tax, paid family and medical leave, and changes to campaign finance law.
  • Raise Up Massachusetts is an organization supporting a measure designed to gradually increase the state’s minimum wage from $11 to $15 an hour by 2022. The organization reported submitting 137,000 certified signatures.
  • Raise up Massachusetts also submitted 133,500 signatures for another measure designed to establish a fund for paid family and medical leave. That measure would provide employees and self-employed individuals (who elect coverage) with 16 weeks of paid family leave, 26 weeks of paid medical leave, or an aggregate of up to 26 weeks of paid family and medical leave per year. The measure would establish a Family and Employment Security Trust Fund (FESTF) to administer the family and medical leave program. The FESTF would receive funds from employers, who would contribute to the fund at a rate of 0.63 percent of each employee's wages.
  • The Retailers Association of Massachusetts, submitted 117,638 signatures for its measure, which would decrease the state sales tax from 6.25 percent to 5 percent and establish a retail-sales-tax-free weekend in August of each year.
  • The Committee to Ensure Safe Patient Care said it had submitted over 100,000 certified signatures and expect its measure, designed to establish patient assignment limits for registered nurses working in hospitals, to proceed. Limits would be determined by the type of medical unit or patient a nurse is working with.
  • Finally, The People Govern Not Money campaign says it turned in more than 85,000 certified signatures for its measure designed to establish a 15-member commission called the Citizens Commission Concerning a Constitutional Amendment for Government of the People. The commission would be tasked with advancing policies to define inalienable constitutional rights as belonging to individual living human beings, not artificial entities or collections of human beings, and amending the U.S. Constitution to overturn the U.S. Supreme Court's ruling in Citizens United v. FEC.
  • If these measures reach the ballot, they will join two other citizen-initiated measures—an initiated constitutional amendment to enact a 4 percent tax on incomes that exceed $1 million, and a veto referendum that addresses the use of public places, such as public restrooms, hotels, restaurants, and stores, based on gender identity.
  • The number of signatures required to place an indirect initiated state statute on the ballot is equal to 3.5 percent of votes cast for governor in the most recent gubernatorial election. However, this takes place in two steps. The first 3 percent must be collected in order to refer the indirect initiative to the Massachusetts General Court. For the 2018 ballot, this required 64,750 certified signatures. If members of the General Court pass and the governor signs the initiative, then the initiative becomes law. If the legislature declines to act on an initiative by May 2, 2018, or, if the governor vetoes it, sponsors of an initiative will need additional signatures equal to 0.5 percent of the votes cast for governor in order to get the measure on the 2018 ballot. For 2018, this requirement amounts to 10,792 additional certified signatures.
  • In total, 20 initiated state statutes were previously approved for signature gathering. Some initiative proponents, however, submitted multiple versions of their proposals. Not counting the multiple versions, 14 distinct initiative proposals were cleared for signature gathering and could be referred to the Massachusetts General Court if enough signatures were submitted.
  • Aside from the minimum wage, sales tax, nursing patient limit, and campaign finance measures, proposals include initiatives dealing with: fee disclosures for radiology and imaging services; changes to rules regarding homeless animal euthanasia; a ban on aversive therapy; a measure that aims to require presidential candidates to release their tax returns; limits on out-of-state contributions to political candidates and committees; bans on certain fishing gear known to entangle whales or sea turtles; changes to clean energy standards; and establishing a commonwealth solar program to encourage the development of solar photovoltaic technology. So far, none of these measure’s proponents or the secretary’s office have reported signature submissions.
  • One other measure, an initiated constitutional amendment that would have gone before voters in 2020, also faced the December 6 deadline. The measure would have added an amendment to the Massachusetts Constitution stating that nothing in the constitution requires the public funding of abortion. However, proponents reported that they only submitted 57,400 certified signatures. Since this is fewer than the 64,750 required for referral to the state legislature, the measure will not progress.

Recount dates set for three Virginia House elections; Democrats ask for new election in fourth

  • On December 6, the Washington Post reported that three of the four Virginia House races that were too close to call after the November 7 elections had their recount dates scheduled. The recount for District 40, where Delegate Tim Hugo (R) leads Donte Tanner (D) by 106 votes, was set for December 13 and 14. The recount for District 94, where Delegate David Yancey (R) leads Shelly Simonds (D) by 10 votes, was set for December 19. The recount for District District 68, where Dawn Adams (D) leads Delegate Manoli Loupassi (R) by 336 votes, was set for December 20.
  • Although no hearing had been set for the District 28 race, where Robert Thomas Jr. (R) leads Joshua Cole (D) by 82 votes, the Post reported that Democrats and Republicans expected its recount to be held on December 21. On December 7, Democrats asked a federal court to grant a them new election in District 28 due to voting irregularities in Stafford County that led to 147 ballots being cast in the wrong races.
  • Heading into the recounts, the chamber is evenly split, with Democrats and Republicans holding 48 seats. If none of the leads change as a result of the recounts, Republicans will have a 51-49 advantage in the chamber in 2018. Democrats would need to change the result of one race to force the chamber into a 50-50 tie and would need to change two races to take control of the chamber. Prior to the November 2017 state House elections, Republicans controlled 66 seats in the chamber. Democrats flipped at least 14 seats on election night, including 11 races where they defeated Republican incumbents.
  • Virginia is one of 17 states currently under divided government and will remain so regardless of which party controls the House of Delegates in 2018. Republicans have a 21-19 majority in the state Senate, while Terry McAuliffe (D) serves as governor. Ralph Northam (D) was elected as McAuliffe’s successor on November 7 and will serve through 2021.

Delaware judicial selection criteria ruled unconstitutional

  • Magistrate Judge Mary Pat Thynge ruled that a provision in Delaware's constitution requiring that appellate and general jurisdiction trial courts be balanced politically violated the First Amendment of the U.S. Constitution. Thynge ruled that someone's political affiliation "is not important to the effective performance of a Delaware judge's duties" and that restricting government employment based on political affiliation was unconstitutional. The provision had been first established in 1897. If an appeal is not filed, this ruling would require a change to the state constitution.
  • The ruling came in a lawsuit brought by lawyer James Adams against Gov. John Carney (D). Adams, who was a Democrat before registering as unaffiliated, told the court he had wanted to apply for judgeships in the past but did not because his party affiliation would have automatically disqualified him.
  • Under the state constitution, Delaware's supreme, superior, and chancery courts must be as balanced as possible between parties: courts with an even number of judges must be split evenly, and courts with an odd number can only have a bare majority of one political party. The governor nominates someone from a list of candidates provided by a judicial nominating commission, but the commission is only able to select candidates that meet the political affiliation requirement of the vacant seat.
  • Currently, 34 states and Washington, D.C., use some form of assisted appointment for selecting intermediate appellate and general jurisdiction judges, while 24 and D.C. use this selection method for their court of last resort.

Three candidates file to run in a Florida Senate special election

  • Two Democrats and one Republican have filed to run for a vacant seat in District 31 of the Florida State Senate. State Rep. Lori Berman and Arthur Morrison will face off in the Democratic primary on January 30, 2018. The winner of the primary will face Tami L. Donnally (R) in the special election on April 10, 2018. The seat became vacant following Jeff Clemens' (D) resignation. His resignation came after he publicly admitted to having an affair with a lobbyist.
    • Florida is one of 26 Republican trifectas. It became a Republican trifecta following the 1998 elections when the Republican Party took control of the governor’s office and retained control of the Legislature. Republicans control the Senate by a 24-15 majority with one vacancy and the House by a 76-40 majority with four vacancies. Gov. Rick Scott (R) was elected to a four-year term in 2014.

Missouri’s constitutional right to farm does not include a right to farm marijuana, rules state Supreme Court

  • In 2014, voters in Missouri approved Amendment 1, which said “the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state.” Mark Shanklin, arrested after police found 300 marijuana plants in his home, argued before the Missouri Supreme Court that the voter-approved amendment provided him with a right to farm marijuana. Amendment 1, he contended, prohibited the state legislature from deciding what can and cannot be grown in Missouri. He noted that Amendment 1 did not define what counts as farming.
  • On December 5, 2017, the state Supreme Court, in a unanimous decision, ruled against Shanklin, saying that Amendment 1 did not provide a right to farm marijuana. Chief Justice Zel M. Fischer, who wrote the opinion, said, “Article I, section 35 protects the right to engage in lawful farming and ranching practices. It does not create a new constitutional right to engage in the illegal drug trade.”
  • Shanklin wasn’t the first person growing marijuana in Missouri who argued that Amendment 1 protected their actions; however, he was the first to bring the argument before the Missouri Supreme Court. Judges of the 19th, 22nd, and 27th Judicial Circuit Courts had also rejected similar arguments. Damien Johnson, a resident of St. Louis, Missouri, filed an initiative for the 2018 ballot to define farming in Amendment 1 as “including but not limited to the right to grow cannabis and hemp.” As of December 6, 2017, no ballot measure committee had been formed to support Johnson’s initiative.
  • Residents of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and D.C. are permitted to grow a certain number of marijuana plants in their homes for recreational use. In Washington, where the recreational use of marijuana is also legal, residents cannot grow plants in their homes for recreational use, but residents authorized to use medical marijuana can grow some plants. Residents of Arizona, Hawaii, Michigan, Montana, New Mexico, North Dakota, and Rhode Island who are authorized to use medical marijuana can also grow a certain number of marijuana plants for medical use. In none of these states was growing marijuana made legal through the judicial interpretation of constitutional law.

Thursday, December 7

Counter initiative launched in prevailing wage battle in Michigan

  • The initiative process is being used by both sides in a battle over the prevailing wage in Michigan. Opponents of the prevailing wage are hoping the state legislature will approve their initiative to repeal the prevailing wage after signatures were filed on November 3. As the initiated statute process in Michigan is indirect, the Michigan State Legislature would first consider the initiative as legislation. Supporters of the prevailing wage law, responding to the repeal initiative, were approved to begin collecting signatures for an initiative to uphold the prevailing wage on December 7. According to Michigan Compiled Laws, prevailing wages are determined according to wages paid for similar projects in the local jurisdiction "under collective agreements or understandings between bona fide organizations of construction mechanics and their employers.” Workers employed on projects receiving state funds are required to receive prevailing wages from their employers. Michigan's prevailing wage law was enacted in 1965.
  • The protecting Michigan Taxpayers PAC, which is connected with the Associated Builders and Contractors of Michigan (ABC Michigan), filed about 380,000 signatures for its initiative to repeal prevailing wages and fringe benefits. As of the most recent campaign finance disclosure on October 20, 2017, the committee had spent $1.15 million to collect signatures. Jeff Wiggins, state director of ABC of Michigan, said the goal of proponents is to have the legislature approve the ballot initiative. Wiggins said he was “very confident we have the votes.” Republicans control both chambers of the state legislature. Gov. Rick Snyder (R) opposes repealing the prevailing wage law; however, his signature is not needed for the legislature to enact the initiative.
  • Patrick Devlin, a supporter of the prevailing wage and treasurer of the Michigan Building and Construction Trades Council, stated, “They can do what they want to do, but make no bones about it, we are not going to take this lying down.” Protect Michigan Jobs, a coalition of construction unions and contractors who support the prevailing wage, raised almost $300,000 as of October 20 for its initiative to uphold the prevailing wage law.
  • If the repeal initiative goes before the legislature, and the legislature enacts the repeal initiative as law, Protect Michigan Jobs initiative would give supporters an opportunity to convince voters that the prevailing wage should be re-enacted on November 6, 2018. Should the legislature fail to approve the initiative to repeal, and signatures are filed for the initiative to uphold, voters could see both initiatives on the ballot in Michigan in November 2018. Wiggins responded to the initiative to uphold the prevailing wage, saying, “I’m glad to see the other side has as much confidence in us getting the votes as we do. That’s what this is; they’re preparing for the Legislature to approve this.”

Friday, December 8

Filing deadlines pass for Georgia state legislative special elections

  • The filing deadline passed for two Georgia state legislative seats, District 17 in the state senate and District 111 in the state house. The special election for both seats is scheduled for January 9, 2018. At press time, the candidate lists were not available for either seat. The District 17 seat was vacated on December 1 when Rick Jeffares (R) resigned in order to focus on his campaign for lieutenant governor. The District 111 seat was vacated when Brian Strickland (R) resigned in order to run for the District 17 seat in the special election. The Georgia Constitution requires that elected officials vacate their positions upon qualifying to run in an election for another position.
    • Georgia is one of 26 Republican trifectas. Republicans control the Senate by a 36-17 majority with three vacancies and the House by a 115-62 majority with three vacancies. Gov. Nathan Deal (R) was first elected in 2010.


Special Elections

As of this week, 94 state legislative seats have been filled through special elections in 2017, and another four special elections have been scheduled in five states. Elections have been held for 45 Democratic seats and 49 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 12

Fact Checks

Has Michigan fallen in education rankings?

  • Michigan Rep. Tim Kelly, R-Saginaw Township, is proposing a resolution to dissolve Michigan’s Board of Education. According to Kelly, Michigan’s academic standing has “fallen precipitously” in national rankings over the past decade, and the board has failed to keep students from lagging “farther and farther behind." Is Rep. Kelly correct that Michigan’s academic standing has fallen precipitously in national rankings during the past decade?
  • No. There was a slight drop in national ranking in certain subjects from 2007 to 2009, after which Michigan’s standing remained largely fixed. In addition, Michigan students’ academic performance has decreased slightly in some categories while improving in others. There has not been a significant and sustained decrease in overall performance in the past 10 years. Michigan’s rankings have also not declined in high school graduation rates, percentage of public school students in English Language Learner classes, or average composite ACT score.

Local Politics: The Week in Review

Elections Update

Monday, December 4

New Douglas County school board votes to end district’s voucher program, directs district to end legal case

  • Newly-elected members of the Douglas County Board of Education in Colorado joined the former governing minority of the board in voting to end the district’s voucher program on December 4. The vote was 6-0, with newly-elected member Kevin Leung recusing himself as he was a plaintiff in a legal case against the voucher program. The district’s voucher program was created in 2011 and sought to provide publicly funded scholarships, or vouchers, to students to attend any school of their choice, including private and religious schools. The program never went into effect due to court challenges. The Colorado Supreme Court ruled that the program was unconstitutional in 2015, but the U.S. Supreme Court told the state court to reconsider its ruling on June 27, 2017. The state supreme court had not taken up the case prior to the board’s vote. Along with its vote to end the program, the Douglas County Board of Education directed the school district to end its legal case.
    • Four new members, including Leung, were elected to the board on November 7 after running together as the Community Matters candidate slate. They campaigned against the district’s voucher program as well as against other programs supported by the board’s former governing majority. They defeated four candidates who ran together as the Elevate Douglas County slate and supported the district’s voucher program.
    • The Douglas County School District is the third-largest school district in the state and served 66,702 students during the 2014-2015 school year, approximately 7.7 percent of all public school students in the state.

Santa Fe City Council votes both to proceed with ranked-choice voting in municipal elections and to appeal court order requiring implementation

  • The Santa Fe City Council voted unanimously to implement ranked-choice voting in the city's March 2018 municipal elections, complying with a court order issued by a state judge in late November. The council also voted 5-4 to appeal that order to the state supreme court. The city's appeal pivots on two questions: whether the state judge who issued the implementation order acted outside his authority, and whether ranked-choice voting is in compliance with the state constitution. The court order, and the city council's December 4 votes, resulted from a lawsuit filed by RCV proponents in August 2017. The plaintiffs in the suit argued that Santa Fe's voting equipment met the requirements set forth in the charter amendment and that RCV software had been offered to the city at no cost by New Mexico's secretary of state. City officials countered that the prerequisites for implementation had not yet been met.
  • City Councilor Joseph Maestas, who voted against appealing the order to the state supreme court, said, "Each individual track [i.e., pursuing both implementation and appeal simultaneously] is in conflict with the other. I'm concerned about injecting confusion into the minds of the voters." City Councilor Ron Trujillo, who voted in favor of appealing, said that it was necessary to address the constitutionality of RCV: "Once we get a definitive answer on this, then we don't ever have to worry about it again."

29 offices up for election in Cook County, Illinois

  • Candidates filed for 29 offices that will be on the ballot in Cook County, Illinois, in 2018. All 17 seats and the board president of the Cook County Board of Commissioners are up for election, as well as two seats on the Cook County Board of Review, the county assessor, clerk, sheriff, and treasurer. There will also be four seats up for the board of the Metropolitan Water Reclamation District of Greater Chicago. Sixty-seven candidates filed to run for the 17 seats. The partisan primary will be on March 20, 2018, and the general election will be on November 6. Cook County in Illinois had a population of 5,241,000 in 2013, according to the United States Census Bureau.

118 candidates running for 38 seats on Cook County Circuit Court

  • The filing deadline passed on December 4 for candidates running for election in Illinois. 118 candidates filed to run for 38 seats that are up for election this year on the Cook County Circuit Court and its’ subcircuits. In Illinois, judges run for retention after winning an initial partisan election. These judges have until May 6 to file for the election.

Tuesday, December 5

Atlanta runoff election for mayor, four city council seats ends too-close-to-call

  • Two mayoral candidates and eight city council candidates—for president and Districts 4, 9, and 11—were on the ballot after no candidate received a majority of the vote in the general election. Incumbent Mayor Kasim Reed was term limited and could not seek re-election. District 11 Councilwoman Keisha Bottoms faced At-Large Position 2 City Councilwoman Mary Norwood for mayor after they defeated 10 other candidates in the general election on November 7, 2017. As of December 6, 2017, the unofficial results showed a race that was too close to call. Bottoms led Norwood by 759 votes, according to unofficial results. Norwood announced on December 6, 2017, that her campaign would request a recount. Recounts are possible when the margin of victory is below 1 percent.
    • The city council seats on the runoff ballot were for president, District 4, District 9, and District 11. The city council president incumbent ran for mayor, leaving an open seat. District 9 Councilwoman Felicia Moore defeated District 6 Councilman Alex Wan. In District 4, incumbent Cleta Winslow faced newcomer Jason Dozier, receiving 52.7 percent of the vote in a race that is too close to call. Newcomers Dustin Hillis and Kwame Abernathy advanced to the runoff election for the open District 9 seat. The race was too close to call, but as of December 6, 2017, Hillis had received 50.9 percent of the vote. District 11 was also open after Councilwoman Bottoms ran for mayor. Harold Hardnett and Marci Collier Overstreet advanced to the runoff for District 11 after defeating 6 other candidates. Overstreet received 52.6 percent of the unofficial vote in a race that was too close to call as of December 6, 2017.
    • Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

Runoff in Fulton County, Georgia, for two seats on county commission

  • Fulton County, Georgia, held a special runoff election for two county commission seats. These elections were necessary because of the resignation of Chairman John Eaves to run for mayor of Atlanta and the death of District 4 Commissioner Joan Garner. Races for commission chair and District 4 required runoff elections because no candidate received a majority of the general election vote on November 7. Robb Pitts defeated Keisha Sean Waites in the election for chair of the county commission. In the District 4 race, Natalie Hall defeated Kathryn Flowers. Fulton County had a population of 1,023,336 in 2013, according to the United States Census Bureau.

Unofficial Atlanta Public Schools runoff election results show the board of education will see three new members

  • Atlanta Public Schools held a runoff election for four seats after no candidates in those races received a majority of the vote. One incumbent, Byron Amos from District 2, headed to the runoff election along with newcomers competing for the Districts 3, 5, and 7 seats. According to unofficial results, Amos led challenger Keisha Carey by 80 votes, receiving approximately 50.54 percent of the vote. As of December 6, 2017, the results were too close to call. In District 3, newcomer Michelle Olympiadis-Constant defeated fellow newcomer Adzua Agyapon. Newcomer Erika Yvette Mitchell won against Raynard Johnson for the District 5 seat. District 7 candidate Kandis Wood Jackson defeated Patricia Crayton. If the unofficial results are certified, all six incumbents who filed for the seats will be re-elected and three newcomers will join the board of education.
    • All nine Atlanta Public Schools Board of Education seats were up for election in 2017. Five races were decided in the general election on November 7, 2017. Of the six incumbents who filed to retain their seats, five were re-elected in the general election.
    • Atlanta Public Schools is the sixth-largest school district in the state and served 51,145 students during the 2014-2015 school year, approximately 2.9 percent of all public school students in the state.

Results in for Jersey City Council runoff election

  • Runoff elections were held for four city council wards in Jersey City, New Jersey. Ward B incumbent Chris Gadsden was defeated by Mira Prinz-Arey. The winners in Wards A and E, both open races, were Denise Ridley and James Solomon. Ward C incumbent Rich Boggiano won re-election. These four races went to a runoff because no candidate received a majority in the general election in November. Jersey City is the second-largest city in New Jersey and the 74th-largest city in the U.S. by population.

Majority of Massachusetts town committee recalled over firing of town manager

  • Stoughton Town Board members Peter Brown, Robert Cohn, and David Sousa were recalled from office in a special election on Tuesday. Recall organizer Deborah Sovinee accused Brown, Cohn, and Sousa of failure to uphold the town charter by firing the town manager without fulfilling his contract. Cohn told local media that the town's insurance would cover any legal costs associated with ending the manager's contract. Town residents selected Richard Hill, Stephen Cavey, and Christine Howe to replace members on the five-member board.
    • Ballotpedia has tracked 241 recalls against 327 elected officials in 2017. 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.

Wednesday, December 6

Open seat in Oklahoma City mayoral election draws three candidates

  • The filing deadline passed to run in the election for mayor of Oklahoma City, Oklahoma. The office was left open after Mayor Mick Cornett opted not to seek re-election and announced a run for governor. David Holt, Taylor Neighbors, and Randall Smith filed to run in the election. A primary election will be held on February 13, 2017. If no candidate wins a majority of the vote in the primary election, a special general election will be held on April 3, 2018. Oklahoma City is the largest city in Oklahoma and the 27th-largest city in the U.S. by population.

Change in party control unlikely in Oklahoma City mayoral race

  • Earlier this year, Oklahoma City's open 2018 mayoral election seemed to be shaping up as a potential battle for partisan control. Republican incumbent Mick Cornett is running for governor rather than seeking re-election to the mayorship, and the local independent news outlet Red Dirt Report reported that independent Councilman Ed Shadid, Democratic state Rep. George Young, Republican state Sen. David Holt, and Republican Oklahoma County Commissioner Brian Maughan were all weighing bids to replace him.
  • A number of those candidates subsequently officially withdrew their names from consideration. Young bowed out in June, opting instead for a run for the state Senate. Maughan withdrew on October 26, citing the demands of recovery from injuries he sustained in a traffic accident over the summer. As of the close of the candidate filing period, just three candidates had submitted paperwork to run in the February 13 primary: Republican Holt, Democratic candidate Randall Smith, and independent candidate Taylor Neighbors.
  • Holt enters the race with a significant financial advantage over the other two contenders. The Oklahoman reported that he had raised more than $360,000 through the end of September. Neither of the other two candidates have yet reported any contributions. Oklahoma City is the largest city in Oklahoma and the 27th-largest city in the U.S. by population.

First female Sikh mayor in the U.S. sworn in

  • Preet Didbal was sworn in as the first female Sikh mayor in U.S. history in Yuba City, California. Didbal previously made history in 2014, as the first Sikh woman elected to a city council in the U.S. Members of the Yuba City Council select two of their own to serve as mayor and vice mayor each year. Didbal's colleagues on the council, who had previously selected her as vice mayor, voted in November to elevate her to the city's highest office.
    • Next month, Didbal will be joined in the mayoral ranks by Hoboken, New Jersey's Ravi Bhalla. Incumbent Mayor Dawn Zimmer opted against a re-election bid in November 2017. Bhalla, who secured Zimmer's endorsement, was a member of the Hoboken City Council at the time of his 2017 run for mayor. He defeated five other candidates, including Hudson County Freeholder Anthony Romano, Council President Jen Giattino, and Councilman Mike DeFusco, to win the seat. Bhalla will take office in January as New Jersey's first Sikh mayor.

Palm Springs becomes the first city in the U.S. with an all-LGBT city council

  • Christy Holstege and Lisa Middleton, who won seats on the Palm Springs City Council in California on November 7, were sworn in. With the additions of Holstege and Middleton, Palm Springs’ council became the first all-LGBT city council in U.S. history. Middleton is a transgender woman and Holstege identifies as bisexual. They joined Mayor Rob Moon and Councilmen Geoff Kors and J.R. Roberts, who all identify as gay men.
    • The November 7 elections also produced other firsts for the LGBT community. Danica Roem, who defeated incumbent Bob Marshall to win a seat in the Virginia House of Delegates, will be the first openly transgender person seated in a U.S. state legislature. Phillipe Cunningham and Andrea Jenkins won the Ward 4 and Ward 8 seats on the Minneapolis City Council, respectively, to become the first two transgender people elected to the city council in a major U.S. city.

Thursday, December 7

Former officer receives 20-year prison sentence for 2015 shooting of Walter Scott

  • U.S. District Court Judge David Norton sentenced former North Charleston police office Michael Slager to 20 years in prison for the second-degree murder of Walter Scott. Scott, a 50-year-old black man, was shot five times while fleeing from Slager during a traffic stop on April 4, 2015. A cellphone-recorded video released to the public prompted protests, national media attention, and Slager's firing. Slager was tried in state court on murder charges, but that trial resulted in a hung jury. Slager previously pleaded guilty in May to a federal charge of violating Scott's civil rights.
  • Because the federal prison system does not offer parole, Slager would face the full sentence unless he successfully appeals the ruling. He is expected to receive credit for the more than a year he has already spent in jail, so his remaining sentence would be a little over 18 more years.
  • Norton was first appointed to the United States District Court for the District of South Carolina by George H.W. Bush in April 1990, and was confirmed to the court in June 1990 by unanimous consent. He served as the court's chief judge from 2007 to 2012. Norton is the court's longest-serving judge, and the only one appointed to the court in the 1990s. The next-longest-serving judge, Chief Judge Terry Wooten, was confirmed in 2001. The court currently has eight judges and two vacancies—of those eight, five were appointed by Democratic presidents, and three were appointed by Republican presidents.
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 11

Upcoming state filing deadline in Texas includes governor’s office, legislature

  • The filing deadline will pass to run for state offices across Texas. This includes the offices of 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 includes 15 of the 31 state senators and all 150 state representatives. State judicial offices that are part of the filing deadline include 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.
    • Texas state legislative Republican primaries could have a big impact on the future of the party there. Coverage of the Texas state legislative Republican primaries has generally focused on the conflict between moderate Republicans like Speaker Joe Straus (R) and conservative Republicans like members of the Texas Freedom Caucus. On October 25, 2017, Straus announced that he would not seek re-election in 2018. Before his retirement announcement, a group called the New Leadership PAC formed in opposition to him continuing as speaker. In 2017, the Straus-aligned Republicans tended to support increased spending levels for public education and opposed legislation that would have required individuals to use bathrooms that correspond with their biological sex. Conservative Republicans supported the bathroom bill opposed by Straus. They also endorsed legislation that would have required voter approval for increases in some local property taxes and put caps on local government spending.

Tuesday, December 12

Special election for Iowa State Senate seat

  • Former superintendent Todd Wendt (D) and state Rep. Jim Carlin (R) will compete in a special election for the District 3 seat in the Iowa State Senate. The seat became vacant following the resignation of incumbent Bill Anderson (R) on November 1, 2017.
    • Iowa is one of 26 Republican trifectas. Republicans control the Senate by a 28-20 majority with one independent and one vacancy and the 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.

Special primary election for Oklahoma State Senate seat

  • Six Republican candidates will compete with one another in a primary election for the District 27 seat in the Oklahoma State Senate. The candidates are Jeff Hall, Carolyn McLarty, Travis Templin, Casey Murdock, Tommy Nicholson, and Michael Medill. Amber Jensen was the only Democratic candidate to file and will proceed to the general election. The seat 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 Senate by a 39-7 majority with two vacancies and the House by a 71-28 majority with two vacancies. Gov. Mary Fallin (R) was first elected in 2010.

Wednesday, December 13

Upcoming special election filing deadline for Arkansas state legislative seats

  • The filing deadline will pass for special elections for two Arkansas state legislative seats, District 29 in the state senate and District 83 in the state house. Both seats will be up for special primary election on February 13, 2018, and special general election on May 22, 2018. The District 29 seat became vacant following Eddie Joe Williams' (R) resignation. He resigned his seat on November 15, 2017, in order to serve as President Donald Trump's (R) representative to the Southern States Energy Board. The District 83 seat became vacant following David Branscum's (R) resignation. He 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 trifectas. Republicans control the Senate by a 25-9 majority with one vacancy and the House by a 75-24 majority with one vacancy. Gov. Asa Hutchinson (R) was first elected in 2014.

Thursday, December 14

Upcoming special election filing deadline for Tennessee state legislative seat

  • The filing deadline will pass for a special election for the District 14 seat in the Tennessee State Senate. The special primary election will be held on January 25, 2018, and the special general election will be held on March 13, 2018. The seat is vacant following Jim Tracy's (R) resignation. Tracy resigned from the state Senate on November 6, 2017, after being appointed to a federal post by President Donald Trump (R).
    • Tennessee is one of 26 Republican trifectas. Republicans control the Senate by a 26-5 majority with two vacancies and the House by a 73-25 majority with one vacancy. Gov. Bill Haslam (R) was first elected in 2010.

Friday, December 15

Upcoming special election filing deadline for Missouri state legislative seat

  • The filing deadline will pass for a special election for the District 39 seat in the Missouri House of Representatives. The special general election will be held on February 6, 2018. The seat became vacant in October 2017 after Joe Don McGaugh (R) was appointed to the 8th Circuit Court in Carroll County.
    • Missouri is one of 26 Republican trifectas. Republicans control the Senate by a 24-9 majority with one vacancy and the House by a 112-45 majority with six vacancies. Gov. Eric Greitens (R) was first elected in 2016.
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Local Politics: What's On Tap Next Week

Saturday, December 9

Houston Community College board seat goes to runoff

  • In Texas, the District IX on the Houston Community College Board of Trustees will be up for runoff election. Eugene "Gene" Pack and Pretta Vandible Stallworth advanced out of the general election held on November 7 after neither received a majority of the vote in the three-candidate field. District IX Trustee Christopher Oliver, who pleaded guilty to bribery charges and was censured by the board in July 2017, did not run for re-election. Harris County in Texas, had a population of 4,337,000 in 2013, according to the United States Census Bureau.

Third Houston Independent School District runoff in three election cycles scheduled

  • The Houston Independent School District (ISD) is holding a runoff election after no candidate received a majority of votes for either open seat. Two candidates from District I and District III elections will advance to a runoff election on December 9. Three candidates filed for the District I seat, with Elizabeth Santos and Gretchen Himsl advancing to the runoff election with 44.80 percent and 34.04 percent of the vote, respectively. In the District III seat, Jesse Rodriguez received 39.92 percent of the vote and Sergio Lira received 33.74 percent of the vote to advance to the runoff.
    • Six seats on the Houston ISD Board of Education were up for election on November 7, 2017. The races in Districts V, VI, VII, and IX were decided in the general election, with one newcomer and three incumbents winning their respective races.
    • This is the third runoff election the district will see in three years. A special election in 2016 and a general election in 2015 advanced to a runoff election. In 2016, four candidates filed for election to the open District VII. The top vote-getter in the primary election, Anne Sung, was ultimately elected to the seat. The 2015 election saw two seats head to a runoff election. The District II and District III seats both featured incumbents. In both the general and runoff elections, the incumbents to both seats received the most votes and were re-elected.
    • 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.

Monday, December 11

Upcoming filing deadline in Texas for county governments and local judgeships

  • The filing deadline will pass to run for county and judicial offices in Texas. Ballotpedia will be covering county official elections in the counties of Bexar, Collin, Dallas, Denton, El Paso, Fort Bend, Harris, Lubbock, Nueces, Tarrant, Travis, Webb, and Williamson. Our 2018 coverage of local trial court elections in Texas will extend to all judges whose jurisdiction overlaps with one of the nation’s 100 largest cities by population.


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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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