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January 12, 2018Issue No. 95

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Week in review
On tap next week

THE WEEK IN REVIEW

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

State Politics: The Week in Review

Ballot Measures Update

2018:

  • Thirty-six (36) measures are certified to appear on statewide ballots in 20 states in 2018 so far—11 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.
    • Two new measures were certified for 2018 ballots over the last two weeks.
    • By this time in 2014, 60 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 52 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
    • The average number of certifications by the second week of the year from 2010 through 2016 was 60 and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for 12 initiatives have been submitted and are pending verification in Alaska, California, Michigan, South Dakota, and Washington. To see this list, click here.
    • In Massachusetts, enough signatures were submitted for five initiatives (one of which has two versions) to put them before the state legislature during the 2018 session. To see this list, click here.
    • The most recent general signature filing deadlines for 2018 citizen-initiated measures was on December 29, 2017, for the first batch of signatures for indirect initiated state statutes in Ohio and for Initiatives to the Legislature in Washington. Signatures were submitted for one Washington initiative—Initiative 940—which would create a good faith test to determine when the use of deadly force by police is justifiable, require police to receive de-escalation and mental health training, and provide that police have duty to render first aid. No initiated state statutes were circulating in Ohio.
      • Some states feature signature deadlines specific to each initiative caused by circulation time limits.
    • The next signature filing deadlines are on January 16 for initiatives in Alaska, January 29 for initiatives in Maine. Signatures were submitted on Friday for one initiatives and are expected for the other pending in Alaska. Two initiatives and a veto referendum are being circulated in Maine. A de facto deadline is coming up in Florida as well, since signatures must all be submitted and verified by February 1; signatures are verified as they are submitted in Florida.

Monday, January 8

California state Sen. Josh Newman (D) recall election set for June 5, 2018

  • On January 8, 2018, California Gov. Jerry Brown (D) called a recall election of California state Sen. Josh Newman (D) for June 5, 2018, the same day as the state’s 2018 statewide primary. If Newman loses his recall election to a Republican, Democrats will no longer have a two-thirds supermajority in the California State Senate. A two-thirds supermajority is needed to raise taxes and certify constitutional amendments for the ballot.
  • The recall effort was initiated by talk radio host, former Republican San Diego City Councilman, and Reform California Chairman Carl DeMaio in response to Newman's support for Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, in April 2017. SB 1 provided for an increase in California's excise and sales taxes on fuel and for new user fees for vehicles. According to DeMaio's website, Newman was targeted for recall instead of other incumbent Democrats because of his narrow margin of victory in the 2016 election, increasing the chances that Republicans win the seat and break the Democratic supermajority.
  • Newman’s seat in District 29 was previously held by Republican Bob Huff. In the 2016 race to succeed Huff, Newman defeated Republican Ling Ling Chang with 50.39 percent of the vote, which was a margin of 2,498 voters. Newman's original term is set to expire on December 6, 2020. Chang has indicated that she will run against Newman in the recall. Fullerton Mayor Bruce Whitaker has also indicated that he will run.
  • The recall effort, particularly the date on which the election would be scheduled, was at the center of legal and legislative controversy in 2017. California Democrats passed two bills that Republicans argued would allow election officials to delay the recall until June 5, where Newman might perform better because of the higher turnout in the statewide primary. The first bill was blocked by a California Court of Appeal on August 14, but the second bill, which passed on August 24, became law and was cited by California Secretary of State Alex Padilla (D) in several administrative decisions he made during the recall process. Recall proponents, including Republican activists and the Howard Jarvis Taxpayers Association, filed a lawsuit attempting to block the changes in recall election laws from becoming law, but, as of January 10, 2018, a court had not issued a ruling.

Special elections scheduled for California State Assembly District 45 and 54

  • California Gov. Jerry Brown announced that special elections for the District 45 and 54 seats of the California State Assembly will be held on June 5. A primary election will be held April 3. The two elections will join the special election for the District 39 seat, which is being held on the same date. The candidate filing deadline for all three seats is February 8.
    • The District 45 seat became vacant following Matt Dababneh's (D) resignation effective January 1. He resigned following sexual misconduct allegations that he said were not true. The District 54 seat became vacant following Sebastian Ridley-Thomas's (D) resignation on December 27. He said he resigned due to persistent health issues.
    • A total of 43 special elections have been scheduled for 2018. Thirteen of those special elections have been for Democratic seats, while 30 have been for Republican seats.

Malloy nominee would become first openly gay state supreme court chief justice

  • Gov. Dan Malloy (D) has nominated current Connecticut Supreme Court Justice Andrew J. McDonald to become the court's Chief Justice, replacing retiring Chief Justice Chase Rogers. If confirmed by the Connecticut General Assembly, McDonald would become the first openly gay state supreme court chief justice in the country. Rogers is set to retire on February 5. Malloy previously nominated McDonald to his current seat on the supreme court. Counting McDonald's first nomination to the court, his appointment as chief justice would make him Malloy's sixth appointment to the seven-member court.
  • Connecticut uses the commission-selection, political appointment method for judicial selection. A judicial nominating commission screens candidates and submits a list of names to the governor, who must appoint a judge from that list. The appointee must then be confirmed by the Connecticut General Assembly. Newly-appointed justices serve for eight years after their appointments, at which time they face renomination by the governor and approval by the assembly.
  • The judicial nominating commission is made up of 12 members who serve three-year terms. One lawyer and one non-lawyer are appointed from each legislative district in the state. The governor appoints the six lawyers on the commission. The president pro tempore of the senate, the speaker of the house of representatives, the majority leaders of the house and senate, and the minority leaders of the house and senate each appoint one of the non-lawyer members. No more than six members can be from the same political party, and members may not hold elected or appointed office in the state.

Alaska state senator resigns to focus on gubernatorial campaign

  • Alaska state Senator Mike Dunleavy (R) resigned from his District E seat in the Alaska State Senate in order to focus on his run for governor in 2018.
  • “I believe the best way I can effectively advocate for my constituents’ values is to devote 100 percent of my time and energy to the cause of ensuring that Alaska elects a new Governor in 2018,” said Dunleavy in a statement. “I am accordingly resigning from my seat in the State Senate.”
  • Dunleavy declared that he would run for governor of Alaska in 2018 on July 17, 2017. He suspended his campaign on September 12, citing medical concerns, but left open the possibility of rejoining the race at a later date. He rejoined the race on December 21.
  • Alaska Governor Bill Walker is running for re-election as an independent in 2018. As of January 11, Dunleavy was one of five declared Republican candidates in the race. No Democratic candidates have formally entered the race.
  • Dunleavy represented District D in the state Senate from 2013 to 2015 and District E from 2015 to 2017. Governor Walker is responsible for selecting Dunleavy’s District E successor within 30 days from a list of nominees provided by the Alaska Republican Party.
  • Alaska is currently one of 17 states under a divided government: Independent Governor Bill Walker serves alongside Republican majorities in the state House and the state Senate.

Tuesday, January 9

Texas Gov. Greg Abbott (R) endorses second primary challenge of state House incumbent

  • On January 9, 2018, Texas Gov. Greg Abbott (R) endorsed Mayes Middleton in his primary challenge of state Rep. Wayne Faircloth (R) in Texas state House District 23. Middleton is a conservative activist who has served on the board of the Texas Public Policy Foundation and the Empower Texans Foundation. Faircloth is an ally of outgoing House Speaker Joe Straus (R). Straus came into conflict with Abbott in a 2017 special session when Straus blocked bills that Abbott endorsed, including a bill that would have regulated bathroom usage in Texas.
  • Middleton is the second primary challenger of a Straus ally that Abbott has endorsed in 2018. The other is Susanna Dokupil in her challenge of state Rep. Sarah Davis (R). Abbott’s political advisor said the following about the governor’s involvement in the 2018 state legislative Republican primaries: “The governor plans to aggressively support those people who are with him and aggressively support qualified candidates who are running against people who were not supportive." Abbott has issued six other endorsements of state representatives, including Travis Clardy, a Straus ally, and one endorsement of a state senator.
  • The 2018 state legislative Republican primaries in Texas follow a conflict between centrist Republicans aligned with Straus and conservative Republicans, such as members of the Texas Freedom Caucus, who oppose his leadership. Business organizations such as the Texas Realtors Association have lined up behind the Straus wing while organizations like Empower Texans and the New Leadership PAC are backing the conservative wing. Straus announced his retirement in October 2017, meaning the state House primaries will likely decide which members select the next Texas speaker in 2019 and whether the new speaker will be similar to Straus or lean more toward the conservative wing.

Candidates set in Kentucky House special election for District 89

  • Kelly Smith (D) will face Robert Goforth (R) in the special election on February 27 for District 89 of the Kentucky House of Representatives. The election was scheduled after Rep. Marie Rader (R) resigned on December 31 due to health concerns. Rader had held the seat since 1997. Write-in candidates may still file for this race until February 16.

Strickland and Cauble win special legislative elections in Georgia; both avoid runoff

  • Unofficial results show Brian Strickland (R) winning the special election for District 17 on the Georgia State Senate and Geoffrey Cauble (R) winning the special election for District 111 on the Georgia House of Representatives. Both appear to have received over 50 percent of the vote, which they needed in order to avoid a runoff election. Strickland received 62 percent of the vote against Phyllis Hatcher (D), Ed Toney (R), and Nelva Lee (R). Cauble received 51 percent of the vote against El-Mahdi Holly (D), Tarji Leonard Dunn (D), and Larry Morey (R).
    • The senate vacancy was created when Rick Jeffares (R) resigned in order to run for lieutenant governor. Strickland himself created the house vacancy when he resigned in order to run for Jeffares’ seat. Strickland became a state representative in 2013.

Party-endorsed candidate wins Democratic special election to Connecticut House of Representatives, defeating petitioning candidate

  • Bobby Gibson (D) defeated Joseph Suggs (D) in a special election to fill the District 15 seat of the Connecticut House of Representatives. Gibson, who was endorsed by the state party, won 51.9 percent of the vote, according to unofficial results. Suggs made the ballot as a petitioning candidate.
    • This special election was the fourth state legislative special election in 2018. Another 39 state legislative special elections have been scheduled for later this year. Of the four special elections that have already been held, three were retained by Republicans, and one was retained by Democrats. No seats have switched parties.

At least five running in California State Assembly District 39 special primary election on April 3

  • Five candidates—four Democrats and one Republican—filed petitions to run in the April 3 special primary election to fill the vacant District 39 seat in the California State Assembly. The general election will be held June 5. Patty Lopez (D), who held the seat from 2014 to 2016, was one of the candidates to file. January 9 was the deadline to file petitions in lieu of paying a filing fee. The final filing deadline for this election is February 8 for regular candidates. Write-in candidates must file by March 20.
    • The District 39 seat became vacant following Raul Bocanegra's (D) resignation on November 27. He resigned due to sexual harassment allegations.

Massachusetts primary date moved to September 4, 2018

Dates set in Massachusetts House Second Bristol District special election

Utah Republican delegates select two new state legislators

  • Utah Republican delegates selected two new state legislators to succeed two former officeholders who resigned in December 2017 to accept new job opportunities.
  • Delegates from Utah's House District 63 selected Adam Robertson, an area businessman, to succeed former officeholder Dean Sanpei, who resigned in order to accept a position with Centura Health in Colorado.
  • Delegates from Utah's Senate District 8 selected Brian Zehnder, a family physician, to succeed former officeholder Brian Shiozawa, who resigned in order to accept a position with the U.S. Department of Health and Human Services.
  • Utah Governor Gary Herbert (R) must approve the selection of both Robertson and Zehnder before they can take office. If approved by Gov. Herbert, Robertson and Zehnder will serve out the remainder of their predecessors’ terms. Sanpei’s term expires in December 2018 while Shiozawa’s term expires in December 2020.
  • Utah is currently one of 26 Republican state government trifectas: Herbert holds the governor’s office and Republicans have majorities in the state House and the state Senate.

Rhode Island state senator resigns due to struggle with alcohol

  • Rhode Island state Senator James Doyle (D) resigned in order to prioritize his personal health and address his struggle with alcohol. “Now is the time to focus on my recovery and on being healthy,” said Doyle, according to the Associated Press.
  • Doyle represented District 8 in the Rhode Island State Senate from 2005 to 2018. He served as the chamber’s deputy majority leader from 2013 to 2018.
  • A special election is required to fill the vacant District 8 seat. The winner of the special election will serve for the remainder of Doyle’s term, which expires on December 31, 2018.
  • Rhode Island is currently one of seven Democratic state government trifectas: Gina Raimondo (D) holds the governor’s office and Democrats have majorities in the state House and the state Senate.

Brad Boles defeats Dustin Payne in Republican primary for Oklahoma House special election

  • Brad Boles received 82 percent of the vote in the Republican primary election to fill a vacancy in District 51 of the Oklahoma House of Representatives. The previous incumbent, Republican Scott Biggs, resigned in November 2017 to take a job with the U.S. Department of Agriculture. Boles’ opponent in the race, Dustin Payne, received 18 percent of the vote. Boles will face Democrat Charles Murdock in the March 6 general election. Murdock previously ran for the seat in 2016, losing to Biggs by a 78-22 percent margin.

Federal appeals court upholds 2014 Tennessee abortion ballot measure, concludes method for counting votes was constitutional

  • On January 9, 2018, the Sixth U.S. Circuit Court of Appeals, in an unanimous opinion, rejected a challenge to Tennessee’s Amendment 1, which voters passed 52.6–47.4 percent in 2014. Amendment 1 added language to the state constitution to empower the legislature to enact, amend, or repeal state statutes regarding abortion, including for pregnancies resulting from rape or incest or when necessary to protect the mother's life.
  • The eight individuals who sued the state of Tennessee over Amendment 1 argued that the method for counting votes violated the state and federal constitutions. For a constitutional amendment to be approved by voters, the Tennessee Constitution requires them to receive a “majority of all the citizens of the state voting for governor, voting in their favor.” The state contended that this provision meant that a number of votes equal to at least a majority of the votes cast for governor were needed to approve Amendment 1. As the state counted 1,353,728 total votes for governor, Amendment 1 needed to receive at least 676,864 to pass, according to state attorneys. Amendment 1 received 729,163 votes in favor. Plaintiffs said the provision meant that only votes of electors who voted for governor and the ballot measure counted toward Amendment 1. The Yes On 1 campaign ran an ad encouraging voters to forgo voting in the state's gubernatorial election to, according to the ad, double their votes on Amendment 1. The tactic may have convinced some voters. Election results showed that 1,386,355 electors voted on Amendment 1—32,627 more than voted for governor. Plaintiffs argued that this tactic was intended to dilute opponents' votes.
  • The Sixth Circuit’s decision overturned a lower court’s decision, which had ordered a recount on Amendment 1. Before the recount commenced, the state appealed to the Sixth Circuit and the recount was put on hold.
  • David McKeague, a judge on the Sixth Circuit, wrote the court’s opinion, which concluded, “Plaintiffs arguments amount to little more than a complaint that the campaigns in support of Amendment 1, operating within the framework established by state law, turned out to be more successful than the campaigns against Amendment 1. Plaintiffs had the same 'freedom' as their adversaries to operate within the established framework to promote their opposition to Amendment 1. … Although the subject matter of abortion rights will continue to be controversial in Tennessee and across the nation, it is time for uncertainty surrounding the people's 2014 approval and ratification of Amendment 1 to be put to rest.”
  • Attorney Bill Harbison, who represented the plaintiffs, said they were weighing their legal options. He stated, “We continue to believe in the bedrock principle of one person, one vote, and believe that the State’s ratification scheme coupled with certain actors’ unprecedented effort to manipulate a result violated that principle.”

2 percent of registered voters cast ballots in New Hampshire District Belknap 3 special primaries

  • A special primary election was held for the position of New Hampshire House of Representatives District Belknap 3. Philip Spagnuolo (D) faces Les Cartier (R) in the general election scheduled on February 27. Spagnuolo was unopposed in the Democratic primary, while Cartier defeated William Henry Davies in the Republican primary. The seat became vacant on September 28, 2017, when Donald Flanders (R) died after serving in the position since 2000.
    • According to local news source The Laconia Daily Sun, there are 10,877 registered voters in the district, making the turnout for the special primaries roughly 2 percent. The source also reports that roughly 20 percent of voters turned out in recent elections regarding the composition of the city council and whether or not local establishments should be allowed to offer Keno.

Wednesday, January 10

Virginia House of Delegates elects Kirk Cox (R) as speaker after Democratic legal challenges and recounts in House Districts 28 and 94 fall short

  • The Virginia House of Delegates voted 98-0 to elect Kirk Cox (R) as House speaker on the day that the Virginia House convened its 2018-2019 legislative session. Before the vote occurred, the outcomes of two contested races in Districts 28 and 94 were at least partially settled in favor of the Republican candidates, paving the way for GOP control of the Virginia House for the session. Prior to January 10, Democrats had confirmed wins in 49 of 100 House seats in the November 2017 elections and were contesting results in Districts 28 and 94. Heading into the November 2017 elections, Democrats held 34 of 100 seats, meaning they picked up 15 Republican-held seats.
  • The House District 94 race was resolved on January 10 when Shelly Simonds (D) chose not to ask for a second recount of the race. The November 7 election results showed Delegate David Yancey (R) winning the race by 10 votes. Simonds asked for a recount, which found her ahead by one vote. However, Yancey disputed the disqualification of a ballot that appeared to be for him. A panel of judges accepted the previously disqualified ballot, creating a tie between Yancey and Simonds. On January 4, Yancey won a random drawing to decide the winner. Simonds did not ask for a second recount of the race after the drawing and conceded to Yancey. She said she will run again in 2019.
  • The House District 28 race was at least temporarily resolved on January 10 when a federal appellate court denied House Democrats’ request to prevent Robert Thomas Jr. (R) from taking the seat. The November 7 results had Thomas ahead of Joshua Cole (D) by 82 votes and a recount of the results brought Thomas’ lead to 73 votes. Democrats asked a federal court to throw out the results and order a new election after the Virginia Department of Elections found that 147 voters in the District 28 area cast their ballots in the wrong election. On January 5, District Court Judge T.S. Ellis declined to order a new election immediately. He did allow the lawsuit to move forward though, meaning a court may eventually rule in the Democrats’ favor and order a new election. The Fourth Circuit Court denied Democrats’ appeal of Ellis’ ruling and allowed Thomas to be seated on January 10.

Vermont State Senate approves marijuana legalization

  • The Vermont State Senate approved a bill allowing individuals over the age of 21 to legally possess up to one ounce of marijuana and grow marijuana plants in their homes. The Vermont House of Representatives previously approved the legislation on January 4. The bill now heads to the desk of Governor Phil Scott (R), who has stated that he is willing to sign the legislation. When Scott signs the legislation, Vermont will become the first state to legalize marijuana through legislative action.
  • The Senate approved the House’s version of the bill, which removed a study commission that the Senate had originally put in place.
  • The vote occurred in spite of U.S. Attorney General Jeff Sessions’ decision last week to roll back the Justice Department’s Obama-era policy of deprioritizing the enforcement of federal marijuana laws in states where the drug is legal. Instead, Sessions’ decision will allow federal prosecutors to enforce federal marijuana laws in legalized states.
  • According to the Burlington Free Press, Republican state House members attempted to delay a vote on the bill last week in light of Sessions’ policy change as well as an upcoming due date for a report by the governor’s Marijuana Advisory Commission that is set to examine public health and safety issues related to marijuana in the state.
  • Gov. Scott vetoed similar marijuana legislation last May in order to strengthen what he considered to be weak penalties for selling marijuana to minors. He created the 13-member advisory commission in September to study the potential impacts of marijuana legalization and form recommendations for a regulated market. In a December interview with Vermont Public Radio, Scott indicated that he would be willing to sign marijuana legislation into law in early 2018.

Betty Sutton (D) drops out of Democratic primary for governor of Ohio, joins Cordray ticket

  • On Wednesday, former U.S. Rep. Betty Sutton (D) announced that she would withdraw from the Democratic primary for governor of Ohio and join the campaign of former Consumer Financial Protection Bureau Director Richard Cordray (D) as his running mate. Sutton is the second candidate for governor of Ohio to join a former opponent's campaign; last November, Secretary of State Jon Husted (R) withdrew from the Republican primary to join Attorney General Mike DeWine's (R) campaign as his running mate. Candidates have until February 7 to file for appearance in the May 8 primary election.
  • Because the governor is a Republican and the Republican Party holds majorities in both houses of the state legislature, Ohio is one of 26 Republican trifectas. Similarly, since the governor, attorney general, and secretary of state are all Republicans, Ohio is one of 23 Republican triplexes. This makes Ohio one of 21 states with a Republican trifecta and a Republican triplex.

J.B. Pritzker endorsed by Illinois Education Association

  • On Wednesday, the Illinois Education Association announced its endorsement of businessman J.B. Pritzker (D) for governor of Illinois. With 135,000 members, the organization is the state's largest teachers union. Pritzker is one of seven candidates who filed to seek the Democratic nomination in the March 20 primary election. A Republican primary election between sitting Gov. Bruce Rauner (R) and state Rep. Jeanne Ives (R) will be held on the same day. The winners of the primary elections will advance to the November 6 general election alongside any third party or independent candidates.
  • Because the governor is a Republican and the Democratic Party holds majorities in both houses of the state legislature, Illinois is one of 17 states where neither party holds a trifecta (this number will decrease to 16 on January 16 when Governor-elect Phil Murphy (D) is sworn into office in New Jersey, making the state a Democratic trifecta). Similarly, because the governor is a Republican while the attorney general and secretary of state are Democrats, Illinois is one of 16 states where neither party holds a triplex. This makes Illinois one of nine states where neither party has a trifecta or a triplex.

Madison Mayor Paul Soglin formally enters Wisconsin gubernatorial Democratic primary

  • Madison Mayor Paul Soglin announced that he is joining the Wisconsin gubernatorial race. He is the 15th Democrat to officially declare his intent to run in the primary election on August 14, 2018. Soglin became the mayor of Madison in 2011. He previously held the office from 1973 to 1979 and from 1989 to 1997.
    • In response to Soglin’s announcement, current Governor Scott Walker (R), who announced his re-election campaign in October 2017, tweeted “The last thing we need is more Madison in our lives. @Paulsoglin is the latest extreme liberal who wants to take our state backward -- just like he did in Madison, where businesses have left and murders have gone up. We want to go forward.”
    • Soglin acknowledged the tweet, saying, "Our success is far superior to the rest of the state and when you take Dane, the seven counties that comprise the rest of the region, we are the ones that are making him look good and he better say thank you.”
    • In 2014, two Democratic candidates faced off in the primary election, although three additional Democratic candidates withdrew from the race before the primary. The filing deadline in Wisconsin is June 1, 2018.
    • Wisconsin is currently one of 26 Republican trifectas: Walker holds the governor’s office and Republicans have majorities in the state Senate and state Assembly.

Kentucky Senate passes Marsy's Law; needs House approval to go on 2018 ballot

  • The state Senate voted 34-1 to pass a Marsy’s Law amendment. One Republican voted against the amendment. Marsy’s Law is a type of crime victims rights constitutional amendment that has been approved in six other states, including through an initiative in neighboring Ohio in 2017. The amendment needed 23 votes—a 60 percent vote requirement—in the state Senate to be approved. It has been sent to the state House and will need 60 of 100 members to vote in favor of it to send it to voters in November 2018. The measure would provide crime victims with specific constitutional rights, including the right to be treated with fairness and due consideration for the victim’s safety, dignity, and privacy; to be notified about and heard at proceedings; to proceedings free from unreasonable delays; to reasonable protection from the accused; and to receive restitution from the individual who committed the criminal offense. 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 named for his sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Marsy's Law ballot measures will be on the ballot in Nevada and Oklahoma in 2018.
  • The Kentucky ballot hasn’t featured a ballot measure since 2012, when voters approved an amendment to provide for a constitutional right to hunt and fish. Between 1996 and 2016, nine ballot measures have been featured on the ballot in Kentucky. As the state does not have an initiative process, all measures were referred by the state legislature. Voters approved eight of nine (88.9 percent) of the amendments.
  • Another amendment was approved by the state Senate along partisan lines on January 11 that would change the state’s election date for state executive officials from odd-numbered years to even-numbered presidential election years beginning in 2024.

Thursday, January 11

Jeanne Ives endorsed by Chicago Republican Party

  • On Thursday, the Chicago Republican Party announced its endorsement of state Rep. Jeanne Ives (R) over sitting Gov. Bruce Rauner (R) in the March 20 primary election. The party central committee voted 17-3 in favor of endorsing Ives with two members abstaining in a meeting on Wednesday evening. Ives is the only declared challenger to Gov. Rauner in the March 20 primary. The winner of that election will face the winner of the Democratic primary held on the same day as well as any declared third party or independent candidates in the November 6 general election.
  • Because the governor is a Republican and the Democratic Party holds majorities in both houses of the state legislature, Illinois is one of 17 states where neither party holds a trifecta (this number will decrease to 16 on January 16 when Governor-elect Phil Murphy (D) is sworn into office in New Jersey, making the state a Democratic trifecta). Similarly, because the governor is a Republican while the attorney general and secretary of state are Democrats, Illinois is one of 16 states where neither party holds a triplex. This makes Illinois one of nine states where neither party has a trifecta or a triplex.

Minnesota state legislative special elections filing deadline passes

  • The filing deadline passed for two seats in the Minnesota State Legislature. The Senate District 54 and House District 23B seats are vacant after Sen. Dan Schoen (D) and Rep. Tony Cornish (R) resigned in 2017 due to allegations of sexual misconduct. The special election will be held on February 12, 2018, with a special primary election scheduled for January 29, 2018.
    • In Senate District 54, Karla Bigham (DFL), James Brunsgaard III (R), Denny McNamara (R), and Emily Mellingen (L) filed for election. In House District 23B, Melissa Wagner (DFL), Jeremy Munson (R), and Scott Sanders (R) filed for election. A Republican primary will be held in both districts.
    • Cumulatively, five vacancies in the Minnesota State Legislature were filled by special election from 2015 and 2017. Three of these vacancies were created by Democratic members of the legislature and two of these vacancies were created by Republican members of the legislature. In that time, one seat was flipped; the House District 50B seat was won by Chad Anderson (R) in a 2016 special election after Ann Lenczewski (D) resigned in 2015.
    • The Minnesota State Senate currently has a partisan breakdown of 32 Democratic members and 34 Republican members with one vacancy. The Minnesota State House of Representatives currently has a partisan breakdown of 57 Democratic members and 76 Republican members with one vacancy. Minnesota is currently one of 17 states under divided government: Mark David (D) holds the governor’s office and Republicans have majorities in the state Senate and state House.

Kentucky Senate approves amendment to move state election dates to presidential election years along partisan lines; needs House approval to go on 2018 ballot

  • The state Senate approved an amendment to change the election date for state executive officials from odd-numbered years to even-numbered presidential election years beginning in 2024. It has been sent to the state House and will need 60 of 100 members to vote in favor of it to send it to voters in November 2018. The vote fell along party lines, with Republicans supporting and Democrats opposing the amendment. Sen. Christian McDaniel (R-23), a sponsor of the amendment, said, "We’re going to save money, simplify our elections process and increase voter participation. I can’t imagine anything more American than all that.” Sen. Ray Jones (D-31), who voted against the amendment in the state Senate, stated, "It's not about saving the state money. What this is really about is putting Kentucky into the presidential election cycle in hopes of the GOP gaining an advantage. ... The last thing we need is a nationalization of political races that affect state issues.” The amendment needed 23 votes—a 60 percent vote requirement—in the state Senate to be approved. The last election of state executive officials in Kentucky was November 3, 2015, and the next election is scheduled for November 5, 2019. The measure would make the election on November 5, 2019, the last election of state executive officials to be held in an odd-numbered year. Officials elected in 2019 would serve a single five-year term until officials elected on November 5, 2024, are seated.
  • The amendment needs 60 representatives to approve it to go to the ballot. Republicans currently hold a 62-32 majority in the House.
  • Kentucky currently operates under a Republican trifecta.
  • The Kentucky ballot hasn’t featured a ballot measure since 2012, when voters approved an amendment to provide for a constitutional right to hunt and fish. Between 1996 and 2016, nine ballot measures have been featured on the ballot in Kentucky. As the state does not have an initiative process, all measures were referred by the state legislature. Voters approved eight of nine (88.9 percent) of the amendments.

Friday, January 12

Signatures submitted for Alaska initiative to make legislator per diems contingent on passing a budget

  • Alaskans for Integrity, submitted approximately 45,000 signatures to the Alaska Division of Elections for verification. At least 32,127 signatures must be valid in order for the group’s initiative to move forward in the state’s process. The measure would prohibit legislators from receiving per diem allowances during a special session if a budget bill was not passed during the regular session. The measure was also designed to prevent conflicts of interests when it comes to voting or other official actions; prohibit lobbyists from buying meals and drinks for legislators; require legislators to justify travel expenses for trips outside the United States; and restrict the campaign spending and candidate contributions of foreign-influenced corporations. Two of the initiative’s primary sponsors are Rep. Jason Grenn (I-22) and Rep. Jonathan Kreiss-Tomkins (D-35).
  • In Alaska, each individual signature is verified until the required number is met. If enough signatures are found to be valid, the Alaska State Legislature can approve the initiative. In that case, the measure would become law and would not go before voters. If the state legislature does not approve the initiative the measure would be put on the November 2018 ballot.
  • One other Alaska initiative is gathering signatures. Proponents have until the state’s deadline on January 16, 2018, to submit signatures. The measure would require people seeking to use, change, or pollute anadromous fish habitats to obtain permits. Anadromous fish—such as salmon and steelhead—are fish that spawn in freshwater but spend most of their adult lives in salt water, returning to freshwater to spawn.
  • In Alaska, the number of signatures required for an indirect initiated state statute is equal to 10 percent of the votes cast in the preceding gubernatorial election. In 2018, this amounts to 32,127 signatures. Alaska also has a signature distribution requirement, which requires that signatures equal to 7 percent of the vote in the last general election must be collected in each of three-fourths of the 40 Alaska House of Representatives districts.
  • From 2010 through 2016, an average of between five and six initiatives were filed with state officials for circulation in each even-numbered year. Of those, an average of between two and three were put before voters for an average success rate of 43 percent since 2010—the fourth highest among all 26 states with initiative or referendum processes.
  • There has been a citizen initiative put before voters in Alaska every even-numbered year since 1992. Before that, you have to go back to 1980 to find an even-numbered year in which voters did not vote on a citizen initiative.

Special Elections

As of this week, four state legislative seats have been filled through a special election in 2017, and another 39 special elections have been scheduled in 18 states. In special elections between 2011 and 2017, one party (either Republicans or Democrats) saw an average net gain of four seats across the country each year.

  • An average of 90 seats were filled through special elections in each of the past three odd years (2013: 84, 2015: 88, 2017: 98).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

January 16

Local Politics: The Week in Review

Elections Update

  • In 2018, Ballotpedia is providing comprehensive coverage of elections in America's 100 largest cities by population. This encompasses every office on the ballot in these cities, which includes their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections as well as all local ballot measures in California.
  • The next local ballot measure election dates in California are on January 23, January 30, and February 27.
    • On January 23, less than a month since recreational marijuana sales became legal in California on New Year’s Day under Prop. 64, Compton voters will decide competing measures concerning marijuana businesses: a citizen initiative with a 5 percent tax, businesses allowed in limited commercial and commercial zones, and less control by the city council and a measure referred by the city council with a 10 percent tax, businesses allowed in commercial zones, and more control by the city council.

Saturday, January 6

Los Angeles Unified School District superintendent to step down

  • Michelle King, superintendent of the Los Angeles Unified School District (LAUSD), announced her upcoming retirement, effective June 30, 2018. The announcement occurred on Friday afternoon. King has been on medical leave due to cancer since September 2017. She plans to remain on medical leave until her retirement takes effect on June 30, 2018.
  • "I am very thankful for the outpouring of support I have received from the entire L.A. Unified family, our community partners and my colleagues across the nation,” said King in a statement. “As I aggressively fight this illness, I ask that you continue to keep me in your thoughts and prayers."
  • King took on the role of LAUSD interim superintendent in December 2015 following the resignation of former superintendent Ramon C. Cortines. She was unanimously appointed to the position in a permanent capacity on January 11, 2016. Her first contract was scheduled to expire in June 2018, but the board voted 6-1 in June 2016 to renew her contract through June 2020.
  • LAUSD administrator Vivian Ekchian has been serving as acting superintendent during King's absence. According to Southern California Public Radio, the board has not yet determined a plan to select King’s permanent successor.

Monday, January 8

Former city councilwoman and mayoral candidate Laura Morrison to challenge Austin Mayor Steve Adler

  • Austin Mayor Steve Adler, who was first elected in 2014, will face a rematch with a former rival this year. Laura Morrison, who was elected to the Austin City Council in 2008 and served through 2015, also entered the 2014 mayoral race. She withdrew her candidacy for that election on March 18, 2014, but announced that she will challenge Adler for the seat this year.
  • "I hear from anxious Austinites from every corner of town, from every income level, and across every walk of life," Morrison said in a release announcing her candidacy. "All of them are worried about Austin's direction. It's time for a leader whose priority is the people who live here now."
  • Austin's mayoral race is scheduled for November 6. The city will also hold elections that day for five seats on its city council, in Districts 1, 3, 5, 8, and 9. The deadline for candidates to file for mayor or city council is August 20. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.

Tuesday, January 9

Recall attempt for city commissioner in North Dakota unsuccessful

  • A recall was held for Larry Thomas, president of the Washburn City Commission in North Dakota. Derek Laning ran against him in the recall, and Thomas won to stay in office with 55 percent of the vote, according to unofficial results. Thomas received 190 votes and Laning received 157 votes. The group that sought the recall, the Concerned Citizens for the Recall of Washburn President Larry Thomas, said that Thomas did not give proper public notice about a 2015 meeting and that he harassed city employees. Thomas denied the allegations.

Eight file to run in San Francisco mayoral election

  • Eight candidates filed to run in San Francisco’s June 5 special election for mayor. The election was required after former Mayor Ed Lee died of a heart attack on December 12. London Breed, president of the San Francisco Board of Supervisors and acting mayor, filed to run in the race. Jane Kim, another member of the board of supervisors, also filed to run for the position. The race also includes Angela Alioto, Michelle Bravo, Richie Greenberg, Mark Leno, Amy Farah Weiss, and Ellen Lee Zhou. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

Three file to run in San Francisco Board of Supervisors District 8 special election

  • Three candidates, including appointed incumbent Jeff Sheehy, filed to run in the special election for the District 8 seat on the San Francisco Board of Supervisors. The special election will be held June 5. Sheehy was appointed to the position in January 2017 to fill the vacancy created by the 2016 election of Supervisor Scott Wiener to the state Senate. Sheehy will be joined on the ballot by Lawrence Dagesse and Rafael Mandelman.

New Mexico Supreme Court rejects challenge to ranked-choice voting in Santa Fe, clearing way for implementation

  • The New Mexico Supreme Court issued a ruling upholding a lower court opinion ordering Santa Fe city officials to implement ranked-choice voting in the city's municipal election on March 6, 2018. The January 9 ruling is the latest in a series of legal actions surrounding Santa Fe's ranked-choice voting law, which was adopted via a city charter amendment in 2008. On November 29, 2017, a state judge ordered city officials to implement ranked-choice voting for the March 6, 2018, election. On December 4, 2017, the Santa Fe City Council voted both to prepare for implementation and to appeal the implementation order to the state supreme court. This appeal pivoted 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. In its January 9 order, the state supreme court did not elaborate on these questions.
    • Maria Perez, director of FairVote New Mexico and a proponent of ranked-choice voting, said, "Now we can really concentrate on implementing this right. We can clear the cloud behind all of it and move forward, 100 percent, full steam ahead with a successful implementation and election. Santa Fe city spokesman Matt Ross said, "This is a disappointment. We hoped the Supreme Court would clarify the constitutional and separation of powers questions before them. While we have an order, we don't have a written explanation resolving any post-election challenge that may arise."
    • As of January 2018, five states contained cities that had implemented ranked-choice voting (RCV) for municipal elections. Another four states (including New Mexico) contained cities that had adopted by not yet implemented RCV in municipal elections. See our article for more information.

Thursday, January 11

Recall campaign against Judge Aaron Persky turns in signatures ahead of deadline

  • The campaign to recall Santa Clara County Judge Aaron Persky turned in signatures in favor of the recall on January 11, ahead of the February 2 deadline. They have reportedly turned in about 95,000 signatures. They need 58,634 of them to be certified as valid signatures in order for the recall to go to an election. The county elections office has until early March to verify the signatures. If enough signatures are certified, voters will likely see the recall on the June 5, 2018, ballot. Santa Clara County Assistant District Attorney Cindy Seeley Hendrickson announced in October that she would run against Persky in the recall race.
  • Talk of a recall effort against Persky surfaced after he sentenced Brock Turner—the Stanford student who was found guilty of sexual assault—to a six-month jail sentence in June 2016.

Friday, January 12

Candidate filing deadline for 15 Long Beach offices passes

  • The filing deadline passed for 15 offices in Long Beach, California. The candidate list was not available at the time of publication. Elections for mayor, city council, city attorney, city auditor, city prosecutor, the Long Beach Unified School District Board of Education, and the Long Beach Community College District Governing Board will be held this spring. Three seats on the Long Beach Unified Board of Education and three seats on the Long Beach Community College Governing Board will be up for general election on April 10. If primaries for the city offices are necessary, they will also be held on April 10. The general election for the city offices will be held on June 5.
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, January 16

Three Wisconsin state legislature seats up for election Tuesday, January 16

  • Wisconsin Senate District 10 and Wisconsin Assembly Districts 58 and 66 are up for special election on January 16, 2018. Primary elections for these seats were held on December 19, 2017, to narrow the candidate field.
    • In Senate District 10, Patty Schachtner (D), Adam Jarchow (R), and Brian Corriea (L) will face off to fill the vacancy left by Sheila Harsdorf’s (R) appointment to secretary of the Department of Agriculture, Trade, and Consumer Protection in November 2017. Schachtner defeated two opponents in the Democratic primary, Jarchow defeated one opponent in the Republican primary, and Corriea was the only Libertarian candidate to file.
    • The Assembly District 58 seat is up for special election after incumbent Bob Gannon (R) died in October 2017. Dennis Degenhardt (D) and Rick Gundrum (R) are running for the seat. Degenhardt was unopposed in the Democratic primary while Gundrum defeated three other Republican candidates in the primary to move on to the general election.
    • Assembly District 66 is holding an election after incumbent Cory Mason (D) was elected Mayor of Racine and announced his resignation effective January 15, 2018. Greta Neubauer (D) is facing no opponent in the general election, although she defeated John Tate III in the Democratic primary.
    • The Wisconsin State Senate currently has a partisan breakdown of 13 Democratic members and 18 Republican members with two vacancies. The Wisconsin State Assembly currently has a partisan breakdown of 35 Democratic members and 62 Republican members with two vacancies.

Republican-held Iowa District 6 to hold special election

  • A special election will take place for the position of Iowa House of Representatives District 6. Candidates Rita DeJong (D) and Jacob Bossman (R) are vying for the seat, which became vacant after Jim Carlin (R) was elected to the state Senate in a special election on December 12, 2017.
    • Republicans have won Iowa District 6 over the previous three election cycles. In 2012, Republican candidate Ron Jorgenson won outright in a primary election after no Democrat filed in the race. Jorgenson won re-election in 2014 after running unchallenged in the primary election and unopposed in the general. In 2016, Jim Carlin ran to replace Jorgenson and ultimately defeated Democrat Perla Alarcon-Flory with 65.50 percent of the general election vote.

Special elections scheduled in two South Carolina House districts 28, 99

  • Republicans are guaranteed to retain South Carolina House of Representatives District 28 in the upcoming special election. Ashley Trantham (R) is running in the election unopposed after defeating Krystal Blume, Jonathan Smith, and Jill Welch in the Republican primary on November 14, 2017. No Democrats filed in the race. The election was called after incumbent Eric Bedingfield (R) announced his resignation from the state House effective January 18, 2018, in order to become the director of government affairs at Greenville Technical College. Bedingfield had served in the district since 2006.
  • A special election will be held for the position of District 99. Cindy Boatwright (D) and Nancy Mace (R) are vying for the seat. Boatwright ran unopposed in the Democratic primary, while Mace and Mark Smith defeated two fellow challengers in the Republican primary. Mace went on to defeat Smith in a Republican primary runoff on November 28, 2017. No Democratic candidate filed to run in any of the three previous election cycles.
    • The District 99 seat was left vacant following the resignation of James Merrill (R) on September 1, 2017. On December 14, 2016, Merrill was indicted by a grand jury on 30 counts of ethics violations. Later that same day, he was suspended, effective immediately, by Jay Lucas, the Republican Speaker of the South Carolina House of Representatives. The grand jury allegations claim that Merrill took money for personal use from groups with a stake in state House legislation and failed to report it on state House disclosure records.
    • South Carolina is a Republican trifecta state, meaning Republicans hold the governorship, a majority in the state senate, and a majority in the state house. As of January 2018, Republicans occupy 78 seats and Democrats occupy 44 seats in the South Carolina House of Representatives.

States convene 2018 legislative sessions

Wednesday, January 17

Hawaii convenes 2018 legislative session

Session map 1-12.png
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Local Politics: What's On Tap Next Week

Tuesday, January 16

Filing deadline for municipal candidates in Missouri

  • The filing deadline will pass to run in all Missouri municipal elections scheduled on April 3, 2018.
    • Five school districts covered by Ballotpedia in 2018 will hold elections on April. For more information on Missouri school board elections, please click here.
    • Clay County is holding general elections for county commissioner, county clerk, prosecuting attorney, county collector, recorder of deeds, and county auditor.
    • Jackson County is holding general elections for county executive and county legislator.
    • Platte County is holding general elections for county commissioner, county clerk, prosecuting attorney, county collector, recorder of deeds, and county auditor.

Recall of mayor, town board member sought in Colorado

  • In Colorado, Rockvale Mayor Dan Schlaak and Town Trustee Garth Leonard will face a recall election. The recall effort was initiated in August 2017 following allegations that the town government did not properly administer funds raised during the two-day MudFest truck-driving event. No public response from Schlaak or Leonard was made available. Recall organizers submitted approximately 80 signatures as part of their initial petitions. The final petition featured approximately 40 signatures.


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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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