The State and Local Tap: September 11, 2021
We’re back today after taking a break last week for Labor Day weekend. We hope you enjoyed the holiday.
Our weekly summary of state & local news highlights the upcoming recall election targeting California Gov. Gavin Newsom and a new vaccine requirement in LAUSD. Read all about it in this week’s edition of the State & Local Tap.
Today, Sept. 11, we solemnly mark the 20-year anniversary of the four coordinated terrorist attacks on the United States.
Newsom recall election takes place Sept. 14
A recall election seeking to remove California Gov. Gavin Newsom (D) will take place on Sept. 14. The recall will present voters with two questions. The first will ask whether Newsom should be recalled from the office of governor. The second will ask who should succeed Newsom if he is recalled. A majority vote is required on the first question for the governor to be recalled. The candidate with the most votes on the second question would win the election; no majority is required. Since this election is being conducted by mail, it is unlikely that final results will be available on election day.
Forty-six candidates, including nine Democrats and 24 Republicans, are running in the election. The candidates to receive the most media attention and perform best in polls so far are YouTuber Kevin Paffrath (D), 2018 gubernatorial candidate John Cox (R), radio host Larry Elder (R), former San Diego Mayor Kevin Faulconer (R), California State Board of Equalization member Ted Gaines (R), former Olympian and television personality Caitlyn Jenner (R), and Assemblyman Kevin Kiley (R).
Recall supporters say Newsom mishandled the state's response to the coronavirus pandemic, did not do enough to address the state's homelessness rate, and supported sanctuary city policies and water rationing. In a March 2021 response, Newsom called the effort a "Republican recall — backed by the RNC, anti-mask and anti-vax extremists, and pro-Trump forces who want to overturn the last election and have opposed much of what we have done to fight the pandemic."
Brian Benjamin sworn in as New York’s lieutenant governor
Brian Benjamin (D) was sworn in as New York’s lieutenant governor on Sep. 9. Governor Kathy Hochul (D) had appointed Benjamin to the position on Aug. 25, after Hochul became governor in the wake of former Gov. Andrew Cuomo's (D) resignation.
The Lieutenant Governor of New York is the second-ranking officer of the executive branch and the first officer in line to succeed the governor. The lieutenant governor is popularly elected every four years by a plurality and has no term limit.
Previously, Benjamin had served in the New York State Senate since 2017, representing District 30. So far in 2021, there have been 98 vacancies in 39 state legislatures.
Minneapolis City Council approves new ballot question for initiative to replace Minneapolis Police Department
On Sept. 7, the Minneapolis City Council held an emergency meeting to adopt language for a citizen-initiated measure to replace the Minneapolis Police Department (MPD) with a Department of Public Safety (DPS). The 12-1 vote came hours after District Court Judge Jamie Anderson struck down the then-existing language as “vague to the point of being misleading.” Sept. 7 was also the deadline for the ballot to be finalized for printing ahead of the election on Nov. 2.
The language that Judge Anderson struck down was a 47-word question. The new language includes a 110-word question and an additional 73-word statement addressing several topics not mentioned in the prior version, including:
- the DPS employing a “comprehensive public health approach,” with functions determined via ordinance;
- the mayor and council, rather than just the mayor, being involved in maintaining and commanding the department; and
- the elimination of the police chief and police minimum funding requirement from the city’s charter.
The city council also changed the phrase strike and replace the MPD with a DPS to remove and replace the MPD with a DPS. Both versions state that the DPS would include licensed police officers should officers be considered necessary.
Judge Anderson said that ambiguities in the prior ballot question “risk creating a 'chaotic situation' in Minneapolis.”
On Sept. 8, plaintiffs in the lawsuit filed a second lawsuit arguing that the replacement language approved by the city council did not comply with Judge Anderson’s ruling.
The citizen-initiated ballot measure followed the Minneapolis City Council’s attempt to craft an ordinance replacing the MPD following the death of George Floyd on May 25, 2020. The Minneapolis City Council approved legislation for a ballot in 2020, but, on Aug. 5, 2020, the city’s charter commission voted 10-5 to take an additional 90 days to evaluate the proposal and not send the proposal back to the city council, blocking the measure from appearing on the ballot in 2020.
The ballot initiative is one of three policing-related local measures on the Nov. 2 ballot that Ballotpedia is covering. The others include a ballot initiative in Austin, Texas, to require a minimum number of police officers; and a ballot initiative in Cleveland, Ohio, to create a commission to oversee police misconduct investigations and discipline.
Recall election for Sonoma County District Attorney to be held Sept. 14
A recall election seeking to remove Jill Ravitch from her position as the district attorney of Sonoma County, California, is on the Sept. 14 ballot. The candidate filing deadline passed on July 1, but no candidates filed to run in the replacement race. However, two write-in candidates—Omar Figueroa and Joey Castagnola—filed to run afterward.
The recall effort began in October 2020. Recall supporters said Ravitch had ignored issues of inequality, injustice, and fire safety; failed to hold corporations accountable for environmental issues; prevented the release of police body camera recordings; disproportionately incarcerated minorities; and abused her powers to pursue personal vendettas.
In response to the recall effort, Ravitch defended her record and said, “I’m so proud of the work the District Attorney’s Office does, and it’s such an honor to lead a dedicated group of professionals who work hard every day to ensure justice. [...] These allegations strike not just at me but the work my office does, and that’s unfortunate.” The Sonoma County Democratic Party published a statement on March 9 saying it was opposed to the recall effort.
Ravitch took office as district attorney in 2011. Prior to the filing of the notice of intent to recall, Ravitch had announced that she would not seek re-election when her term ends in 2022.
In the first half of 2021, Ballotpedia tracked 164 recall efforts against 262 officials.
Los Angeles Unified School District approves vaccine requirement for students aged 12 and up
In a meeting on Sept. 9, the board of Los Angeles Unified School District, the country’s second-largest school district, voted 7-0 to approve a coronavirus vaccine requirement for students 12 years and older. One member of the eight-member board recused himself from the vote due to a conflict of interest.
Students who are 12 and older participating in in-person extracurricular activities will be required to receive a first dose of a vaccine by Oct. 3, and a second dose by Oct. 31. Other students who are old enough to receive the vaccine will be required to receive a first dose by Nov. 21, and a second dose by Dec. 19. Students who turn twelve while in school need to receive a first dose within thirty days of their birthday, and a second dose within eight weeks of their birthday.
This decision comes after Culver Unified School District, a smaller school district in California, approved a similar student vaccination mandate in August. The state of California already requires vaccinations or regular testing for teachers, school staff, and other school employees. As of Sept. 9, seven states had vaccine requirements in place for teachers and school staff. No states have issued a student vaccination requirement.
Redistricting Roundup: Iowa commission to release first proposed state legislative map on Sept. 16
Connecticut: The Connecticut General Assembly Reapportionment Committee will not create congressional and state legislative district maps by the state’s constitutional deadline of Sept. 15, according to The CT Mirror. If the deadline is not met, redistricting in Connecticut will be decided by a nine-member backup commission consisting of eight members appointed by the majority and minority leaders of each chamber of the legislature and a ninth member selected by the eight appointed commission members. Maps determined by the backup commission are not subject to legislative approval. Connecticut previously used this process in 2011 after the committee did not meet the deadline that year.
Iowa: The Iowa Temporary Redistricting Advisory Commission announced it would release the first draft of proposed state legislative district maps on Sept. 16. The Iowa Constitution states that the Iowa Supreme Court has responsibility for legislative redistricting if the general assembly doesn't enact new maps before Sept. 15. In April, the Iowa Supreme Court released a statement saying that "the supreme court tentatively plans to meet its constitutional responsibility by implementing a process which permits, to the extent possible, the redistricting framework...to proceed after September 15."
Texas: Gov. Greg Abbott (R) announced on Sept. 7 that he was calling a special session of the state legislature to address redistricting and other issues beginning Sept. 20.
Two Democratic state senators filed a lawsuit in federal district court on Sept. 1 arguing that the legislature cannot legally redraw district maps during a special session since the Texas Constitution requires lawmakers to begin the process after the "first regular session after the publication of each United States decennial census." The lawsuit asks the court to draw interim maps until the state's next regular legislative session in January 2023.
Ballot Measures Update
Thirty-nine statewide measures have been certified for the 2021 ballot in nine states so far.
- No new measures were certified for the 2021 ballot last week.
Sixty statewide measures have been certified for the 2022 ballot in 29 states so far.
- No new measures were certified for the 2022 ballot last week.
States in session
Eight states—California, Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and Wisconsin—are in regular session.
Special Elections
Sixty state legislative special elections have been scheduled in 20 states so far this year. Thirty-eight specials have taken place already. Heading into those races, Democrats had previously controlled 18 of the seats, and Republicans previously controlled 20. One seat flipped from Democratic control to Republican control. Unofficial results from a special election on Sept. 7 have a Democratic candidate winning a seat previously held by a Republican. That race is going to a recount on Sept. 13.
- In special elections between 2011 and 2020, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
- An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
- An average of 88 seats were filled through special elections in each of the past five odd years (2011: 94, 2013: 84, 2015: 89, 2017: 98, 2019: 77).
Upcoming special elections include:
Sept. 14
Sept. 28
Oct. 5
