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The State and Local Tap: Two November 7th races move to a recount

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December 1, 2017Issue No. 91

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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:

Monday, November 27

California assemblyman accused of sexual misconduct resigns after originally saying he would resign in September 2018

  • California Assemblyman Raul Bocanegra (D) announced that he was resigning his position in the state Assembly, effective immediately. This was a change from one week prior when Bocanegra announced that he would resign next September at the end of the 2018 legislative session. Bocanegra’s departure from the state Assembly was prompted by allegations of sexual misconduct. He originally announced his resignation on November 20 after the Los Angeles Times informed him that it was a running a report in which six women alleged he had sexually harassed them. In October 2017, the Times reported that Bocanegra was disciplined for harassment in 2009 while serving as a legislative staffer.
  • In his November 20 resignation statement, Bocanegra apologized for the 2009 incident. In his statement on November 27, Bocanegra said he was not guilty of sexual assault or workplace harassment. He said the following: “It is my hope that in taking this action we can help clear the path so that women and men who have been truly victims of sexual assault and workplace harassment can step forward and get justice for any crimes committed against them. While I am not guilty of any such crimes, I am admittedly not perfect."
  • Bocanegra is one of five state legislators who have announced their resignations due to sexual misconduct allegations in the aftermath of similar allegations against film producer Harvey Weinstein. California is one of 20 state capitols where there has been an official response (such as an investigation) or an organized campaign by members of the capitol community related to sexual misconduct since the Weinstein allegations became public in October 2017.
  • Also on November 27, the California Senate Rules Committee stripped state Sen. Tony Mendoza (D) of his chairmanship of the Senate Banking and Financial Institutions Committee and removed him from his positions on the state Commission for Economic Development and the California Workforce Development Fund. Mendoza’s removal from these positions was prompted by an investigation into misconduct allegations against him. On November 9, the Sacramento Bee reported on allegations that Mendoza acted inappropriately with a temporary staffer who was seeking employment in the state legislature. In response to his removal from the positions, Mendoza said, "I understand the Rules Committee's decision to relieve me from the committee chairmanship to remove any perception of bias during its investigation of the unsubstantiated allegations against me."

Coalition of attorneys general files brief challenging rollback of contraceptive mandate

  • On Monday, a coalition of attorneys general from 18 states and the District of Columbia filed a friend of the court brief on behalf of the plaintiff in Pennsylvania v. Trump. The case, which is currently being heard before the U.S. District Court for the Eastern District of Pennsylvania, challenges a pair of regulations issued by the Trump administration on October 6. The regulations modify the Patient Protection and Affordable Care Act's mandate that health insurance plans provide access to contraceptives by allowing employers and insurers to seek exemption from the requirements based on moral or religious opposition to contraception. The brief by the attorneys general charges that the exemptions will have negative economic and public health impacts on their states and argues that the administration lacked legal authority to issue the rules.
  • The brief, which was organized by Massachusetts Attorney General Maura Healey (D), was signed by all but three Democratic state attorneys general, as well as by District of Columbia Attorney General Karl Racine (D) and nonpartisan Attorney General Doug Chin of Hawaii, who was appointed by Gov. David Ige (D). The three Democratic attorneys general who did not sign the brief were:
    • Andy Beshear (D-KY)
    • Jim Hood (D-MS)
    • Josh Shapiro (D-PA)
  • With the exception of Attorney General Steve Simon (D) of Minnesota, all the signatory attorneys general had also signed on to an October 6 letter challenging the regulations.

Tuesday, November 28

Certification of Nevada recall signatures delayed; unclear if the recall will make the ballot

  • The recall against Sen. Nicole Cannizzaro (D) remains in limbo after the Nevada secretary of state’s office announced that more work is needed to determine if the Cannizzaro recall will make the ballot. On November 14, recall supporters submitted 16,910 signatures. This exceeds the 14,975 signatures needed to trigger a recall election. The state's office said that a sample size of five percent of the signatures determined that 15,471 signatures were valid. The recall petition fell below the signature threshold after 1,273 petition removal forms were submitted. The Clark County registrar’s office must first verify that the signatures on the 1,273 petition removal forms appeared on the submitted recall petition before the office can determine if the recall will make the ballot.
  • The recall petition did not give an official reason for the recall against Sen. Cannizzaro, but it seeks to replace her with Republican April Becker. Cannizzaro was elected to the chamber in 2016. She defeated former Assemblywoman Victoria Seaman (R) in the 2016 general election by 1,036 votes, 51 percent to 49 percent. Of the 11 seats up for election in 2018, Democrats hold four seats, Republicans hold six seats, and one seat belongs to a nonpartisan member. Sen. Cannizzaro represents a district that voted for Hillary Clinton (D) in 2016 by 50 percent to 45 percent. Cannizzaro’s seat is not up for election again until 2020.
  • As of November 2017, seven recall petitions had been filed against state lawmakers in 2017. Three recall petitions failed to make the ballot and four are still ongoing. Since 2011, 72 recall petitions have been filed against state lawmakers. Eight recalls were successful, nine were defeated at the ballot, 51 did not go to a vote, and four recall campaigns are still ongoing. The last time a state legislative recall petition made the ballot was in 2013. Two Colorado state senators were successfully recalled in 2013.
  • Nevada is one of 17 states under divided government. Democrats have a 10-9 majority in the Nevada State Senate with one nonpartisan member caucusing with Democrats and one vacancy. Democrats also have a 27-14 majority in the Nevada State Assembly with one vacancy. The governor’s office is held by Republican Brian Sandoval.

New York Senate Democrats and the Independent Democratic Conference to coalesce next year

  • Democrats and the Independent Democratic Conference (IDC) in the New York Senate announced on November 28 that the two factions reached a tentative agreement to work together in next year’s legislative session. The IDC is made up of eight members who have had a coalition with Republicans since 2012. The deal between the Democrats and the IDC will include shared leadership between Democratic leader Andrea Stewart-Cousins and IDC leader Jeff Klein.
  • Democrats held a numerical advantage in the state Senate after the 2012 elections, but the Senate’s Independent Democratic Conference broke away from the Democratic Party and formed a legislative coalition with Senate Republicans. This gave Republicans control of the Senate. Senate Democrats won a special election in 2016 that gave them a one-seat advantage over Republicans, but the coalition has kept the chamber in Republican control.
  • The announcement on Tuesday came one day after the Democratic Legislative Campaign Committee (DLCC) threatened to support the primary challengers in the races against the eight IDC members unless the members broke their coalition with Republicans.
  • The combination of the two groups will still leave Democrats short of a 32-seat majority. Numerically, Democrats would hold 32 of the chamber’s 63 seats, but Sen. Simcha Felder (D) has caucused with Republicans since 2013. On Tuesday, Felder said that he could join Democrats or stay with Republicans if either group embraces his plan to have armed guards in every city school.
  • New York is one 17 states under divided government. The state has been under divided government since the 2010 elections. Republicans currently control the Senate because of the coalition with the IDC. Democrats control the Assembly by 106-41 majority with one Independence member and two vacancies. Gov. Andrew Cuomo (D) was elected to a four-year term in 2014.

Republican Kevin Ford wins Mississippi House runoff election, retains seat for his party

  • Kevin Ford defeated Randy Easterling in the runoff election for District 54 in the Mississippi House of Representatives. Candidates in Mississippi special elections run without party labels, but both Ford and Easterling identify as Republicans.
  • The seat became vacant on July 2, 2017, after Alex Monsour (R) was sworn in as South Ward alderman for the city of Vicksburg.
  • So far this year, 86 vacant legislative seats have been filled through special elections. Another 12 special elections will be held before the end of the year to fill vacant seats.
  • Mississippi is one of 26 states with a Republican trifecta. Republicans have held a trifecta in the state since 2012. A state government trifecta is a term to describe single party government, when one political party holds three positions in a state's government. Republicans control the state House by a 73-47 majority with two vacancies. Republicans control the Senate by a 31-19 majority with two vacancies. Gov. Phil Bryant (R) was elected to a four-year term in 2015.

Whaley wins runoff election and flips the seat for Republicans

  • Neil Whaley defeated Sharon Gipson in the runoff election for District 10 in the Mississippi State Senate. According to unofficial results, Whaley received 55 percent of the vote and Gipson received 45 percent. Candidates in Mississippi special elections run without party labels, but Whaley identifies as a Republican and Gipson identifies as a Democrat.
  • The seat became vacant in July 2017 after Bill Stone (D) resigned to become manager of the Holly Springs Utility Department.
  • As of November 2017, 15 seats had flipped in special elections in 2017. Democrats flipped 13 seats and Republicans flipped the other two. So far this year, 86 vacant legislative seats have been filled through special elections. Another 12 special elections will be held before the end of the year to fill vacant seats.
  • Mississippi is one of 26 states with a Republican trifecta. Republicans have held a trifecta in the state since 2012. A state government trifecta is a term to describe single party government, when one political party holds three positions in a state's government. Republicans control the Senate by a 31-19 majority with two vacancies. Republicans control the state House by a 73-47 majority with two vacancies. Gov. Phil Bryant (R) was elected to a four-year term in 2015.

Judge rules New Mexico gubernatorial candidate may access federal campaign funds

  • On Tuesday, U.S. District Judge Judith Herrera issued a preliminary injunction allowing U.S. Rep. Steve Pearce (R), the only Republican who has so far entered New Mexico's 2018 gubernatorial election, to use funds he raised for his congressional campaigns to finance his campaign for governor. The decision allows Pearce to access the $900,000 in his congressional campaign account while the legal dispute over the funds continues.
  • The case's roots date to an inquiry made in 2016 by Pearce's staff of then-New Mexico Secretary of State Brad Winter (R) regarding the legality of transferring funds from Pearce's congressional campaign account into a campaign account for state-level office. At the time, Pearce's staff were informed that the transfer would be subject to New Mexico state campaign finance laws. Upon taking office in December 2016, newly elected Secretary of State Maggie Toulouse Oliver (D) informed the Pearce campaign that a transfer of funds from his congressional campaign to his gubernatorial campaign would be considered to be a transfer between two separate campaigns, meaning that Pearce would only be able to transfer up to $11,000 to his campaign for governor.
  • While the secretary of state's office argued that state law could not be interpreted to allow Pearce to transfer an unlimited amount of funds from a prior federal campaign to a state-level campaign, Pearce's suit contended that this interpretation was discriminatory since the law permits candidates to transfer an unlimited amount of funds from prior state-level campaigns. In her preliminary injunction, Judge Herrera found that the restrictions on Pearce limited his ability to exercise his First Amendment right to political speech, citing the U.S. Supreme Court's 2010 decision in Citizens United v. FEC. In response, the secretary of state's office announced that it would conduct a review of the judge's decision before deciding how to proceed.
  • Among the four declared Democratic candidates for governor is Pearce's colleague in the House, Rep. Michelle Lujan Grisham (D). Grisham's campaign was also informed by the secretary of state's office that no more than $11,000 could be legally transferred from her federal campaign account to a gubernatorial campaign account, leading to the candidate's decision to donate the majority of the funds in her federal campaign account to other politicians and campaigns. As of the most recent campaign finance reports, Grisham has raised $2.3 million for her gubernatorial bid to Pearce's $1 million. A victory for Pearce in the legal battle over access to congressional funds would bring him close to Grisham’s fundraising totals.
  • Because the governor is a Republican while both houses of the state legislature are held by Democratic majorities, New Mexico is one of 17 states where neither party has a trifecta (this number will decrease to 16 once Governor-elect Phil Murphy (D) is sworn in in New Jersey in January, giving Democrats a trifecta in the state). In addition, since the governor is a Republican while the attorney general and secretary of state are Democrats, New Mexico is also one of 16 states where neither party has a triplex. In recent elections, the office of governor has tended to change hands; of the past 10 gubernatorial elections, the Democratic candidate has won five while the Republican candidate has won five. On the presidential level, the Democratic candidate has carried the state in six of the past 10 presidential elections while the Republican candidate has won in the other four. No Republican presidential candidate has carried New Mexico since Pres. George W. Bush (R) in 2004.

Former Missouri Board of Education appointee sues governor over withdrawal of nomination

  • Former Missouri State Board of Education appointee Tim Sumners filed a lawsuit against Gov. Eric Greitens (R) on Tuesday over the withdrawal of his appointment. Sumners had been appointed to an eight-year term on the board by Gov. Greitens in October and was sworn in shortly after but was not confirmed by the state Senate, which does not reconvene until January. On November 20, Sumners was informed that his nomination had been withdrawn. Sumners' suit argues that the governor's power to remove a member of the board from their post requires that the member be served with written notice and that a hearing be held regarding allegations of misconduct.
  • At stake is the continued tenure of Education Commissioner Margie Vandeven, who was appointed by the board to the nonpartisan position in December 2014, during the term of Gov. Jay Nixon (D). In Missouri, the commissioner of education serves at the pleasure of the state Board of Education. Vandeven has been criticized by Gov. Greitens, who has called for her removal from office. At the time of Sumners' nomination, he had indicated that he was in favor of Vandeven's removal from office, but he later expressed his opposition to her removal. Sumners has stated that he believes his nomination was withdrawn due to his opposition to Vandeven's removal.
  • Because the governor is a Republican while the Republican Party holds majorities in both houses of the state legislature, Missouri is one of 26 Republican trifectas. In addition, because the governor, attorney general, and secretary of state are Republicans, Missouri is one of 23 Republican triplexes (this number will decrease to 22 in January once Governor-elect Phil Murphy (D) of New Jersey is sworn in). This means that Missouri is one of 21 states to have a Republican trifecta and a Republican triplex.

Special primary election runoff held in South Carolina House of Representatives

  • A special primary election runoff was held between two Republicans in District 99 of the South Carolina House of Representatives. Nancy Mace defeated Mark Smith in the primary runoff. Mace and Smith advanced to the runoff after defeating two other candidates in a November 14 primary. Mace will face off against Cindy Boatwright (D) in the general election on January 16.
  • The seat is vacant following James Merrill's (R) resignation on September 1, 2017. On December 14, 2016, Merrill was indicted by a grand jury on 30 counts of ethics violations. Later that same day, he was suspended, effective immediately, by Jay Lucas, the Republican speaker of the South Carolina State House. 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. Merrill hadn’t faced a general election opponent in the last decade.
  • South Carolina is one of 26 Republican state government trifectas. Republicans hold a 28-18 majority in the state Senate and a 78-43 majority in the state House with three vacancies. Gov. Henry McMaster succeeded former Governor Nikki Haley (R), who was confirmed as the U.S. ambassador to the United Nations on January 24, 2017. McMaster will serve out the remainder of Haley's term, which expires in January 2019.

Wednesday, November 29

Recounts requested in two of three uncalled Virginia House races; federal lawsuit over voting irregularities pending in third

  • Democratic candidates requested recounts in two of the three uncalled Virginia House of Delegates races on Wednesday: Districts 40 and 94. Democrats have not yet asked for a recount in District 28, where they have filed a lawsuit over voting irregularities and could contest the election's result. The outcome of these three races will decide whether the Virginia House has a Republican majority, a Democratic majority, or is split 50-50 in 2018. Republicans currently lead all three races and will have a 51-49 majority in 2018 if those leads hold. The State Board of Elections certified the results of most state House elections on November 20. The District 28 results were certified on November 27 after a federal lawsuit was filed by House Democrats seeking an injunction against certification.
  • The margins are close in the two races that are headed for recounts. Tim Hugo (R) leads Donte Tanner (D) by 106 votes in District 40, and David Yancey (R) leads Shelly Simonds (D) by 10 votes in District 94. Virginia law allows recount elections if there is a margin of less than 1 percent between the top two candidates. Because the margin was less than 0.5 points in both races, the state incurs the costs of the recounts. The recount petitions were submitted to circuit court judges in each district and will be administered by three-judge panels. The recounts are expected to be completed in December.
  • The margin between Robert Thomas Jr. (R) and Joshua Cole (D) in District 28 is 82 votes, which also puts it within the margin required for a recount. However, House Democrats are currently pursuing a federal lawsuit because at least 147 voters in District 28 and neighboring Districts 2 and 88 cast ballots in the wrong election. The concern of voters casting ballots in the wrong elections was raised by House Democrats’ attorney Marc Elias in a letter he sent to the State Board of Elections on November 17 requesting that the certification of the District 28 results be delayed.
  • On November 20, the state board delayed the certification of election results in Districts 28 and 88 after Elections Commissioner Edgardo Cortes said at least 83 District 28 voters were given the ballot for District 88 (where Republican Mark Cole won by over 4,000 votes) due to an error by the now-deceased Fredericksburg voter registrar. On November 22, House Democrats filed a federal lawsuit seeking to block the certification of results until voters had a chance to cast a ballot in the correct election. A judge did not grant their request to block the certification but did allow the lawsuit to move forward, possibly allowing Democrats to challenge the result later on. According to the Washington Post, this challenge could result in a court-ordered special election. Cole could also challenge the election in the state House and allow members to decide control of the seat or order a special election. On November 27, the state board met and certified the results for Districts 28 and 88.
  • On November 24, the Virginia Department of Elections announced that it found that at least 147 voters in the vicinity of Districts 28 and 88 cast ballots in the wrong election and that at least 384 voters were assigned to the wrong state House district. On November 27, the Department of Elections updated the analysis of the 147 votes that were cast in the wrong elections, finding that at least 25 voters wrongly cast a ballot in District 2, at least 61 voters wrongly cast a ballot in District 28, and at least 61 voters wrongly cast a ballot in District 88.
  • Regardless of which party controls the state House, Virginia will be one of 16 states under divided government when all 2017 election winners are sworn in next January. Ralph Northam (D) won the governor’s race on November 7 while Republicans have a 21-19 majority in the state Senate, which did not hold elections in 2017.

Coalition of attorneys general files brief defending Indiana abortion statute

  • On Wednesday, a coalition of executive officials from 20 states filed a friend of the court brief on behalf of the respondent in Planned Parenthood v. Indiana. The case, which is currently being heard before the U.S. Court of Appeals for the Seventh Circuit, challenges an Indiana statute that prohibits abortion on the basis of race, gender, or disability. Enforcement of the law, which was passed on March 24, 2016, was placed on hold by Judge Tanya Walton Pratt on June 30, 2016, before a ruling was made in favor of Planned Parenthood on September 25, 2017.
  • The brief, which was organized by Wisconsin Attorney General Brad Schimel (R), was signed by all but eight Republican attorneys general, as well as by Mississippi Gov. Phil Bryant (R) (Mississippi's attorney general, Jim Hood (D), did not sign the brief). The eight Republican attorneys general to not sign the brief were:
    • Cynthia Coffman (R-CO)
    • Pam Bondi (R-FL)
    • Curtis Hill (R-IN)
    • Tim Fox (R-MT)
    • Gordon MacDonald (R-NH)
    • Wayne Stenehjem (R-ND)
    • Herbert Slatery (R-TN)
    • Peter Michael (R-WY)

Democrats gain full control of the Washington State Senate

  • Democrat Manka Dhingra was sworn in Wednesday as a member of the Washington State Senate, representing District 45. Dhingra was elected in a special election on November 7. Senate District 45 was left vacant after Andy Hill (R) passed away due to lung cancer. Dino Rossi (R) was appointed to fill the vacancy until the November election.
  • Dhingra’s swearing-in gave Democrats full control of the state Senate and a state government trifecta in Washington. In the November 2016 elections, Democrats gained a 25-24 majority in the state Senate. However, because Senator Tim Sheldon (D) caucuses with the GOP, Republicans maintained effective control of the chamber. The state Senate is now controlled by a 26-23 Democratic majority. Democrats have a 50-48 majority in the state House. Gov. Jay Inslee (D) was re-elected to a four-year term in 2016.
  • Washington now operates under a Democratic trifecta. Single-party control of state government allows for the controlling party to more easily pursue its legislative agenda. The Seattle Times reported climate change, gun regulations, a more progressive tax structure, and new state revenue for schools and other programs as key issues for the Washington Democrats. The last time Democrats held a trifecta in Washington was from 2005 to 2012.

Thursday, November 30

Is car theft a misdemeanor of felony in California? Under Proposition 47, it depends on the car’s value, rules state Supreme Court

  • On November 30, 2017, the California Supreme Court issued a ruling that said that persons convicted of felonies for stealing vehicles valued at $950 or less could have their convictions reduced from felonies to misdemeanors under Proposition 47.
  • Voters approved Proposition 47, a citizen initiative, in 2014. The measure classified theft and fraud in which the value of the stolen or forged item was $950 or less as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses, or certain gun crimes. Proposition 47 also permitted re-sentencing for those serving prison sentences for offenses that the initiative reduced to misdemeanors. The initiative received the backing of Lt. Gov. Gavin Newsom (D), who is running for governor in 2018, U.S. Sen. Rand Paul (R-Ky.), former Speaker of the US House of Representatives Newt Gingrich (R-Ga.), the ACLU, and state Democratic Party.
  • The legal case before the state Supreme Court, titled People v. Page, began in 2012, when Timothy Page was charged with taking or driving a vehicle without the owner's consent, evading an officer, and resisting an officer. The first charge, taking or driving a vehicle without the owner's consent, was considered a violation of Vehicle Code section 10851. He was sentenced to prison for ten years and eight months, with six of the years being for taking or driving a vehicle. Following Proposition 47's approval on November 4, 2014, Page asked for his sentence to be reduced based on the initiative's provision allowing for re-sentencing. Both the San Bernardino Superior Court and Fourth District Court of Appeal held that Proposition 47 did not affect penalties under Vehicle Code section 10851.
  • Justice Leondra R. Kruger, who wrote the state Supreme Court's opinion, said that while Proposition 47's re-sentencing provision does not refer to Vehicle Code section 10851, the initiative was designed to allow re-sentencing to a misdemeanor for theft of items valued at $950 or less. Therefore, Justice Kruger said, convicted individuals can be re-sentenced under Proposition 47 if the individual can demonstrate that the vehicle was worth no more than $950.
  • Two initiatives in California related to crime, criminal trials, and incarceration were filed for circulation targeting the 2018 ballot, including one that would change provisions of Proposition 47. The other would exempt crimes that don’t result in actual bodily harm or in which a firearm or deadly weapon aren’t used from the three-strikes sentencing law and require resentencing according to the new rules

Special Elections

As of this week, 86 state legislative seats have been filled through special elections in 2017, and another 12 special elections have been scheduled in eight states. Elections have been held for 38 Democratic seats and 48 Republican seats. Democrats have flipped 13 seats as a result of special state legislative elections in 2017. Republicans have flipped one seat. In special elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country each year. The number of net seats won and lost by Democrats and Republicans in state legislative special elections in 2017 has, so far, been similar to prior years.

  • An average of 89 seats were filled through special elections in each of the past three odd years ( 2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years ( 2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

December 5

Fact Checks

Gov. Rick Scott and Chris King on Florida's economy

  • In a recent campaign video, Democratic gubernatorial candidate Chris King characterized Florida as being "at the back of the pack" in major economic indicators. According to Gov. Rick Scott and members of his administration, the state has flourished under his tenure. King is correct in claiming that Florida is "at the back of the pack" in wages, income, and per capita GDP among the 10 most populous states. The Scott administration is correct in claiming that Florida's private-sector job growth is strong and unemployment rates are low compared to other large states. However, Florida posts the lowest labor force participation rate among the 10 most populous states.

Local Politics: The Week in Review

Elections Update

Monday, November 27

Former Atlanta mayor picks Norwood over Bottoms in December 5 runoff

  • Shirley Franklin (D), the first female mayor in Atlanta's history, endorsed Councilwoman Mary Norwood (I) over Councilwoman Keisha Bottoms (D) in the December 5 nonpartisan runoff for the office. Franklin served from 2002 to 2010 and was unable to run for re-election in 2009 due to term limits. Norwood lost to Kasim Reed (D) in the 2009 runoff election and is seeking to become the city's first non-Democratic mayor since 1879 and the first non-black mayor since 1973. Bottoms received the endorsement of Reed during the general election. Norwood and Bottoms are running to become the city's second female mayor. Atlanta is the largest city in Georgia and the 40th-largest city by population in the United States.

Virginia district court judge removed from office for judicial misconduct

  • The Virginia Supreme Court ruled that 28th Judicial District Juvenile and Domestic Relations Court Judge Kurt Pomrenke be removed from office immediately after finding that he had violated the rules of judicial conduct. The Virginia Judicial Inquiry and Review Commission filed a complaint against Pomrenke with the supreme court in July, accusing the judge of trying to influence witnesses in the trial of his wife, Stacey Pomrenke. Mrs. Pomrenke was charged with corruption and sentenced to prison in 2016, along with eight other executives and contractors for Bristol Virginia Utilities. The supreme court ruling said that Pomrenke’s “actions are of sufficient gravity to warrant removal.” Judge Pomrenke was also found guilty of criminal contempt of court for sharing documents from his wife’s trial with the Virginia Inquiry and Review Commission. On November 30, he was sentenced to two months in prison and a $1,000 fine. Pomrenke was appointed as a judge by the Virginia General Assembly in 2013.

Tuesday, November 28

Official results released for Cleveland general election; recounts to be held for two city council races

  • Official results for the Cleveland general election were released, and due to margins of less than 0.5 percent, recounts will be held for the Cleveland City Council Wards 1 and 7 races. In both races, the challengers are ahead of the incumbents. Joe Jones is ahead of incumbent Terrell Pruitt by eight votes in Ward 1, and Basheer Jones is ahead of TJ Dow by 13 votes in Ward 7. The recounts will be held during the week of December 4-8. The only other incumbent to lose on November 7 was Ward 14 Representative Brian Cummins. He was defeated 52-48 percent by Jasmin Santana, who is the first Hispanic woman to be elected to the Cleveland City Council. Cleveland is the second-largest city in Ohio and the 48th-largest city in the U.S. by population.

Recount doesn't change outcome in Minneapolis City Council race

  • A recount confirmed incumbent Abdi Warsame (D) as the winner of the November 7 race for the Ward 6 seat on the Minneapolis City Council. Election night results showed Warsame winning 50.17 percent of the vote. Challenger Mohamud Noor (D), who took second place with 46.86 percent of the vote, filed a request for a recount on November 13 and paid the $7,000 fee to trigger it on November 22. He withdrew his challenge to the vote tally midway through the recount when the preliminary count showed no change to the outcome.
    • However, Noor indicated that he intends to continue contesting the results via other avenues. "After a preliminary review of the voter data which was provided to us last Friday, we have found evidence that at least one hundred people appear to have voted in our election who do not live in Ward 6," he said in a statement released after the recount. "Because a recount can not address these irregularities, we will bring this evidence to a court to determine what to do with these findings." Minneapolis is the largest city in Minnesota and the 46th-largest city by population in the United States.

Jenny Durkan sworn into office as Seattle’s first female mayor since 1920s

  • Former U.S. Attorney Jenny Durkan was sworn into office as the new mayor of Seattle. Durkan defeated community activist Cary Moon in the November 7 nonpartisan general election. With her swearing-in, Durkan became the city's first female mayor since Bertha Knight Landes served from 1926 to 1928. Prior to her election, Durkan was a U.S. attorney from 2009 to 2014, and she headed the Seattle branch of the law firm Quinn Emanuel Urquhart & Sullivan until her election.
    • Durkan's swearing-in provides a permanent presence in the mayor's office for the first time since Mayor Ed Murray resigned on September 13, 2017. Murray's resignation required City Council President Bruce Harrell to assume the mayor's office due to a city charter provision, though Harrell declined to serve out the remainder of Murray's term. Harrell's decision led the city council to appoint outgoing Councilman Tim Burgess to serve until after the general election. Durkan was sworn into office earlier than the typical January swearing-in date following an election due to the presence of an interim officeholder. Seattle is the largest city in Washington and the 21st-largest city by population in the United States.

Opponent of recalled Wisconsin school board member wins 94 percent of vote

  • An effort to recall Jake Speed from his position on the School District of Onalaska Board of Education in Wisconsin was approved at the ballot. Speed appeared on the ballot along with Deanna Verdon, the one candidate who filed to run against him. Verdon won the seat after receiving 93.7 percent of the votes, according to unofficial results. Recall supporters said Speed misused his office, made false claims, and was disrespectful and belligerent during board meetings. Speed said the rest of the board had opposed him since his election in 2016 and that they had not allowed him to "do anything to really help the district look good to voters." To get the recall on the ballot, supporters of the effort had to collect 1,743 signatures from residents of the school district.
    • Speed was one of seven members on the Onalaska Board of Education. The district served 3,088 students for the 2014-2015 school year, approximately 0.4 percent of all public school students in the state.
    • Speed’s recall was the last scheduled school board recall Ballotpedia identified for 2017. With 22 recalls targeting 50 board members, 2017 had the lowest number of recalls since 2013. It also had the lowest success rate (6 percent) out of a decade of tracking. Success rates are calculated by dividing the number of recalled officials by the total number of officials who were targeted for recall. As of November 27, 2017, Ballotpedia had tracked 235 recalls against 321 elected officials. Of the 60 elected officials who faced recall elections, 32 officials were recalled, for a rate of 53.3 percent. This is lower than the 56.3 percent rate for 2016 recalls and the 64.5 percent rate for 2015 recalls.

Boston releases findings of IRS audit focused on school district mismanagement and city payrolls

  • The Boston city government released the findings of an IRS audit that focused on seven issues across the city and school district. Four of the audit’s findings focused on mismanagement of student activity accounts at Boston Public Schools, such as paying individuals outside of the district’s payroll system. The other three findings focused on the city’s payrolls. According to the audit, the city had failed to deduct Medicare withholding taxes for some employees and had failed to deduct deferred compensation payments for some employees who did not qualify for the city’s pension plan. The city paid nearly $1 million in penalties to the federal government due to the audit’s findings.
    • Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population. Boston Public Schools is the largest school district in the state and served 54,312 students during the 2014-2015 school year, approximately 5.7 percent of all public school students in the state.

Oakland City Council unanimously approves measure to regulate and tax cannabis sales

  • The Oakland City Council in California unanimously approved regulations for adult cannabis use and for taxing cannabis businesses. The amendments approved by the council were authored by Councilwoman Rebecca Kaplan. Proposition 64, which legalized adult use of marijuana for the entire state, was approved by voters in 2016, but Kaplan said that cannabis businesses had to get permits from their city before they could legally sell. Cannabis sales will become legal in California in January 2018. Kaplan said the approval of the regulations “made clear that Oakland will not miss the opportunity to bring in vitally-needed tax dollars by harnessing California’s coming legalization of cannabis for adult use.” Oakland is the eighth-largest city in California and the 45th-largest city in the U.S. by population.

Wednesday, November 29

New Mexico judge orders Santa Fe officials to implement ranked-choice voting for 2018 election cycle

  • Judge David Thomson, of the First Judicial District Court in New Mexico, ordered Santa Fe city officials to implement ranked-choice voting (RCV) for the city's 2018 municipal election cycle. Santa Fe voters adopted RCV for municipal elections via a 2008 charter amendment, which provided for the implementation of RCV "commencing with the regular municipal election in March 2010 or as soon thereafter when equipment and software for tabulating the votes and allowing correction of incorrectly marked, in-person ballots are available at a reasonable price." This week's ruling comes as the result of a lawsuit filed by RCV proponents in August. 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. Maria Perez, one of the plaintiffs in the suit, applauded Thomson's ruling: "I think that Judge Thomson's decision is a victory for the voters of Santa Fe, who have been waiting for this for almost 10 years. It's also a victory for democracy in New Mexico." City Councilor Ron Trujillo expressed some concerns about preparing an adequate voter education program in advance of the 2018 elections: "You can say you like it, you can say you don’t like it, but you have to know how it works. If some people think this is too complicated, they might just say, ‘I’m not going to vote.’ … That outreach has got to be huge."
    • As of November 30, it remained to be seen whether city officials would appeal Thomson's ruling. According to the Santa Fe New Mexican, a special city council session has been scheduled for December 4 to address the ruling.

Aurora recount complete: Gruber wins at-large city council seat

  • The recount to determine the winner of one of the at-large seats on the Aurora City Council in Colorado was completed, revealing a 45-vote win for Dave Gruber over Thomas Tobiassen. “I know he will do a great job for us on the council and I look forward to working with both Dave and Alison in the future,” said Tobiassen in a statement after official results came out. In the election on November 7, Allison Hiltz took first place to win the other at-large seat. Hiltz, Gruber, and the other winners of the city council races will be sworn in on December 4. Aurora is the third-largest city in Colorado and the 55th-largest city in the U.S. by population.

Seattle school bus drivers go on one-day strike

  • Teamsters Local 174, which represents approximately 400 bus drivers in Seattle Public Schools in Washington, conducted a one-day strike. The strike affected around 12,000 students who normally used bus service to get to school. The union first authorized the strike against First Student, the school district’s busing contractor, in October. The union said the bus drivers wanted benefits that were promised to them by First Student in 2016, including a stronger retirement plan and more affordable health benefits. First Student said it offered more funding for health and retirement benefits prior to the strike, but a spokesman for the union said those offers had not been sufficient. Officials from the school district and the city of Seattle called on the two parties to come to an agreement prior to the strike. The school district also threatened to seek damages of $1.2 million per day as the company’s contract required it to provide “continuous and uninterrupted bus service.”
    • Seattle Public Schools signed a three-year contract with First Student at the beginning of the 2017-2018 school year after its former contract expired in August. The district sought proposals from other contractors prior to signing the new contract, and First Student was the only company to respond, according to The Seattle Times. First Student has contracts with approximately 1,100 school districts across the United States.
    • Seattle Public Schools is the largest school district in the state and served 52,834 students during the 2014-2015 school year, approximately 5.0 percent of all public school students in the state.

Boston City Council unanimously votes to ban plastic bags

  • The Boston City Council voted 12-0 on a measure to ban single-use plastic bags. If approved by Mayor Marty Walsh, the measure would also charge consumers who shopped without their own bags five cents to use a thicker plastic bag or paper bag. Businesses would keep the income from the five-cent fee. Supporters of the ban said it would cut down on waste and reduce fossil fuels from manufacturing. Opponents of the ban said it is a way to add a new consumer tax. They also said it would drive city residents to shop online. The city council considered a similar measure to ban plastic bags in 2016, but Walsh said he did not support the ban at that time. A spokesperson for his office said he was reviewing the new measure.
    • If the ban is approved, Boston will not be the only city in the state to have one. Cambridge and Brookline already have bans in place. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.

Thursday, November 30

Lexington councilwoman Jennifer Scutchfield resigns

  • District 7 representative Jennifer Scutchfield resigned from the Lexington-Fayette Urban County Council in order to accept a position at the Kentucky State Board of Elections. Scutchfield was elected to the council in 2012 and was re-elected in 2016. Lexington Mayor Jim Gray now has 30 days to appoint a replacement. The term of the newly appointed member will expire on December 30, 2018. Lexington is the second-largest city in Kentucky and the 61st-largest city in the U.S. by population.

Recall effort against all seven Napa Valley Board of Education members fails to gather enough signatures

  • An effort to recall all seven members of the Napa Valley Unified School District Board of Education in California will not go to the ballot. Recall supporters were unable to gather the 9,393 required signatures for each petition by the deadline. Stacy Hill-Bratlien, Elba Gonzalez-Mares, Thomas Kensok, Joe Schunk, Icela Martin, Robb Felder, and Jose Hurtado were targeted for recall after the board voted to expel five students for alleged hazing activities on the football team. Recall supporters said the district mishandled the expulsions. Additional arguments made by proponents of the recall effort included the district’s $12.3 million deficit—which the district announced would require cuts in programs and staffing—and a debate surrounding a proposed change to the Napa High School mascot. In response to the effort, board members said that they were committed to being fiscally responsible and that they had been transparent throughout the budget process. They also pointed to the district's high graduation rate.
    • As of November 27, 2017, Ballotpedia tracked 235 recalls against 321 elected officials. Of the 60 elected officials who faced recall elections, 32 officials were recalled, for a rate of 53.3 percent. This is lower than the 56.3 percent rate for 2016 recalls and the 64.5 percent rate for 2015 recalls.

Friday, December 1

Albuquerque’s new mayor and city councilor sworn in

  • Tim Keller, the Democratic state auditor, was sworn in as the new mayor of Albuquerque. Keller defeated Albuquerque City Councilman Dan Lewis (R) 62 to 38 percent in the runoff election on November 14. He replaced Mayor Richard Berry, a Republican. Keller resigned as state auditor on Thursday, November 30.
    • At the beginning of 2017, Democrats held the mayorships of 63 of the country’s 100 largest cities. The year will end the same, after one partisan flip in each direction. In addition to the partisan flip in Albuquerque from Republican to Democratic, there was a Democratic to Republican flip in El Paso, Texas. In El Paso, Dee Margo (R) won the seat on June 10 and replaced Democratic mayor Oscar Leeser.
    • In Albuquerque, there was also one new member of the city council sworn in. Cynthia Borrego won the District 7 seat being vacated by mayoral candidate Dan Lewis. Borrego defeated Robert Aragon 54 to 46 percent in the runoff election. Incumbents were re-elected in the other four city council seats up for election this year. Albuquerque is the largest city in New Mexico and the 32nd-largest city in the U.S. by population.
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, December 5

Special election being held in California State Assembly

  • A special election is being held for District 51 of the California State Assembly. Democratic candidates Wendy Carrillo and Luis Lopez are facing off in the special general election. Carrillo and Lopez defeated 11 other candidates in the October 3 top-two primary.
  • District 51 became vacant following Jimmy Gomez's (D) election to the U.S. House of Representatives on June 6, 2017. Gomez served in the state Assembly from 2012 until being sworn in as a congressman.
  • California is one of seven Democratic state government trifectas. Democrats hold a 27-13 majority in the state Senate and a 53-25 majority in the state Assembly with two vacancies. Gov. Jerry Brown was re-elected to a four-year term in 2014.

Democrats to hold a special primary election in Florida House of Representatives

  • A special primary election is being held for Democratic candidates in District 72 of the Florida House of Representatives. Margaret Good and Ruta Jouniari are facing off in the Democratic primary. The winner will face James Buchanan (R) and Alison Foxall (L) in the general election on February 13. Buchanan and Foxall automatically advanced to the special election because they were the only members from their respective parties to qualify.
  • District 72 became vacant following Alexandra Miller's (R) resignation. Miller resigned her seat on September 1, 2017, saying she needed to spend more time at home. She was elected to the chamber in 2016, winning with 58.1 percent of the vote.
  • Florida is one of 26 Republican state government trifectas. With one vacancy, Republicans hold a 24-15 majority in the state Senate. The state House is controlled by a 76-40 Republican majority with four vacancies. Gov. Rick Scott (R) was re-elected to a four-year term in 2014.

Four Georgia runoff elections for state legislative seats are being held

  • Four runoff elections to decide control of Georgia state legislative seats will be held on December 5. The four elections include two state House seats and two state Senate seats. All four elections feature two Democrats competing against each other. Three of the seats were previously held by Democrats, but the runoff for state Senate District 6 will decide which Democrat will replace Hunter Hill (R), who resigned in September 2017 to run for governor. 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. Once a winner between Jordan and Howard has been determined, Republicans will lose their two-thirds supermajority in the State Senate.
  • In Georgia, special elections feature an initial round of voting where all candidates, regardless of party affiliation, compete against each other. If no candidate receives more than 50 percent of the vote, the two top vote-getters advance to a runoff. The initial round of elections for these four seats was held on November 7. A total of nine elections were held, and a winner was determined in five, including two where Democrats won Republican state House seats. Both seats that flipped were in the Athens area.
  • When the winners of the runoff elections have been sworn in, Republicans will have a 36-19 majority in the state Senate (Republican Rick Jeffares resigned his seat on December 1, creating another vacancy) and a 116-64 majority in the state House. Republicans also control the governor’s office, making Georgia one of 26 Republican trifectas.

Special election for a vacant seat in the Massachusetts State Senate

  • A special election will take place on December 5 for a vacant seat in the Worcester & Middlesex District in the Massachusetts State Senate. Susan Chalifoux Zephir (D), Dean Tran (R), Claire Freda (unenrolled), and Charlene DiCalogero (Green-Rainbow Party) will face off in the special election.
  • 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.
  • 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.

Special election being held in Pennsylvania House of Representatives

  • A special election is being held for District 133 of the Pennsylvania House of Representatives. Jeanne McNeill (D), David Molony (R), and Samantha Dorney (L) are facing off in the general election. Candidates running in the election were selected by their respective political parties.
  • The seat became vacant after Daniel McNeill (D) passed away on September 8, 2017. McNeill was first elected to the state House in 2012. He defeated Molony in the 2016 elections, earning 56.3 percent of the vote. The Pennsylvania Democratic Party picked McNeill's widow, Jeanne, to run in the special election.
  • 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).

Wednesday, December 6

Signature deadline for Massachusetts initiatives

  • Proponents of 2018 citizen-initiated state statutes and a 2020 initiated constitutional amendment Massachusetts will soon learn whether their measures will move forward in the state process. Proponents needed to submit signatures to local registrars on November 22. Once signatures are certified by local registrars, petitioners are responsible for the picking up the petitions and submitting them to the secretary of the commonwealth by Wednesday, December 6, 2017.
  • In Massachusetts, 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 requires 64,750 certified signatures. For initiated constitutional amendments, signatures equal to 3 percent of votes cast for governor are required and successful initiative petitions send the proposal to the legislature, where one-quarter of legislators must approve the proposal in two joint sessions to put the measure on the ballot.
  • Twenty initiated state statutes targeting the 2018 ballot were 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. One initiated constitutional amendment targeting the 2020 ballot was cleared for circulation; it was designed to add an amendment to the Massachusetts Constitution stating that nothing in the constitution requires the public funding of abortion.
  • The 14 initiated state statute proposals include measures dealing with: fee disclosures for radiology and imaging services; changes to campaign finance laws; changes to rules regarding homeless animal euthanasia; a ban on aversive therapy; limits on the number of patients a nurse can be assigned; 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; increasing the state’s minimum wage to $15 an hour by 2022; paid medical and family leave; decreasing sales tax; establishing a sales tax-free weekend; changes to clean energy standards; and establishing a commonwealth solar program to encourage the development of solar photovoltaic technology.
  • A handful of proponents have reported submitting signatures to local registrars. Raise Up Massachusetts, a coalition of labor, faith, and community organizations is supporting measures designed to increase the state’s minimum wage from $11 to $15 an hour by 2022, and establish a fund for paid family and medical leave. The group said that its signature totals exceeded expectations. They submitted 137,000 signatures for the minimum wage initiative, and 133,500 signatures for the family and medical leave initiative, to local registrars last week. The family and medical leave 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 no more than 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 is sponsoring a measure that 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. Although the organization did not report a specific number of signatures collected, they said they are confident that they will have enough certified signatures to proceed.
  • The Committee to Ensure Safe Patient Care also said they had collected well over the required amount of signatures and expect to have enough certified signatures to proceed. The organization is behind a measure designed to establish patient assignment limits for registered nurses working in hospitals. Limits would be determined by the type of medical unit or patient a nurse is working with.
  • If proponents of an initiative successfully submit the required 64,750 certified signatures to the secretary of the commonwealth, the measure will be referred to Massachusetts General Court in the 2018 session. 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 or rejects it 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. Since initiated constitutional amendments require approval by 25 percent of lawmakers in two sessions, the earliest an initiated constitutional amendment with signatures submitted on December 6 could reach the ballot is 2020.
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Local Politics: What's On Tap Next Week

Monday, December 4

Newly sworn in school board majority to look at Douglas County voucher program

  • The Douglas County Board of Education in Colorado will consider the district’s voucher program in a special board meeting. Four of the seven members were sworn into office on November 28 after winning the general election on November 7. The four members ran together as the Community Matters candidate slate, and 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 new members join the board’s former governing minority, who were all elected in 2015 after defeating incumbents. That election changed the board’s governing majority from 7-0 to 4-3.
    • 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 did not take up the case prior to the school board election. If the Douglas County Board of Education votes to end the program, the state supreme court will have to determine if the legal challenge can end.
    • 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.

Tuesday, December 5

Massachusetts town board members face recall election over vote to remove town manager

  • Voters in Stoughton, Massachusetts, will determine if town board members Peter Brown, Robert Cohn, and David Sousa stay in office. Former school committee chair Deborah Sovinee initiated the recall because the board members broke the contract of the town manager by voting for his removal. Sovinee claims that this vote exposed the town to a lawsuit and failed to uphold the town charter. Cohn countered that the town's insurance would cover legal fees from a potential lawsuit and that the recall would stretch limited town funds.
    • Voters will be asked two questions for each board member facing recall. The first question asks if the voter is for or against the recall of the board member. The second question asks for a replacement candidate in case the majority of voters approve the first question. All three board members are included as replacement candidates because the town charter allows incumbents to run and win re-election to their seats in recalls.
    • Ballotpedia has tracked 235 recalls against 321 elected officials. Of the 60 elected officials who faced recall elections, 32 officials were recalled, for a rate of 53.3 percent. This is lower than the 56.3 percent rate for 2016 recalls and the 64.5 percent rate for 2015 recalls.

Four seats on the Atlanta Public Schools Board of Education head to runoff election

  • All nine Atlanta Public Schools Board of Education seats were up for general election on November 7, 2017. Districts 2, 3, 5, and 7 are headed to runoff elections on December 5 after no candidate received a majority of the vote. All but one of those races will be between newcomers for an open seat. District 2 incumbent Byron Amos won 48.32 percent of the vote, just short of winning re-election outright. The five districts that were decided on November 7 featured incumbents who were re-elected.
    • Similarly, four of the nine seats up for election in 2013 headed to runoff elections; three of the seats were open seats and one featured an incumbent. In that year, three of the general election winners also won their runoff elections. The only candidate to defeat her challenger in the runoff election after coming second in the general election was Cynthia Briscoe Brown, who defeated the incumbent. Briscoe Brown won re-election in the 2017 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.

Wednesday, December 6

Filing period for open Oklahoma City mayoral election concludes

  • Candidates for mayor of Oklahoma City will need to file by this deadline to secure their places on the February 13, 2018, nonpartisan primary ballot. Mayor Mick Cornett (R) is not running for re-election in order to run for governor of Oklahoma instead, leaving an open seat. Each candidate will need to submit a declaration of candidacy and $200 or signatures from at least 2,500 registered voters to the Oklahoma County Election Board. The filing period started on November 27, with state Sen. David Holt (R) and Marina Mangiaracina (I) the only announced candidates as of that date. Oklahoma City is the largest city in Oklahoma and the 27th-largest city by population in the United States.


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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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