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The State and Local Tap: Utah repeals and replaces voter-approved Medicaid expansion initiative

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February 16, 2019Issue No. 148

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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.

Ballot Measures Update

2019:

  • One statewide measure has been certified for the 2019 ballot so far: a transportation bond issue in Colorado automatically put on the ballot when voters rejected two proposed bond issues at the November 2018 election.
  • Four of the 26 states with a process for citizen-initiated measures allow for ballot initiatives or veto referendums on ballots for elections in any odd-numbered years: Colorado, Maine, Ohio, and Washington.
    • Other states that frequently feature statewide measures referred to the ballot by the legislature in odd-numbered years include Louisiana, New Jersey, New York, and Texas.
  • Signatures for two citizen initiatives have been submitted, and enough signatures were verified for both to qualify them for the ballot if state legislators do not enact the measures themselves. Both are Washington Initiatives to the Legislature—the name of indirect initiatives in Washington:
    • Washington Initiative 976, Limits on Motor Vehicle Taxes and Fees Measure
      • More than the 259,622 required signatures were found to be valid through the secretary of state’s random sample verification method.
    • Washington Initiative 1000, Affirmative Action and Diversity Commission Measure
      • Proponents submitted 393,825 signatures by the deadline on January 4, and, on February 7, 2019, the secretary of state certified that more than the 259,622 required signatures were valid, sending the initiative to the legislature and then to the ballot if the legislature does not approve it.

2020:

  • Six statewide measures are certified for the 2020 ballot in four states: California, Iowa, Michigan, and Nevada.
    • Four of them are citizen-initiated measures, one is a legislative referral, and one is an automatic constitutional revision commission question.

Monday, February 11

Utah governor signs law changing Proposition 3, the Medicaid expansion initiative

  • Utah Proposition 3, the Medicaid Expansion Initiative, was on the ballot in Utah as an initiated state statute on November 6, 2018. It was approved by a vote of 53 percent to 47 percent. Proposition 3 expanded Medicaid coverage to include persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line according to traditional Medicaid expansion under the Affordable Care Act. It also increased the state's sales tax rate from 4.70 percent to 4.85 percent, with revenue allocated toward the state's portion of the cost of Medicaid expansion.
  • On Monday, the legislature gave final approval to Senate Bill 96 to repeal and replace Proposition 3, and Governor Gary Herbert (R) signed it into law. Changes proposed by the bill include limits on eligibility for Medicaid coverage, such as a work requirement; restrictions on the total number of people who could enroll; and changes to the provisions of Proposition 3 concerning the sales tax increase. It would require special approval of waivers from the Federal government and contains contingency provisions that take effect if the waivers aren't approved.
  • Utah Sen. Allen Christensen (R) introduced Senate Bill 96. The bill passed in the Senate on February 4, 2019. The bill passed with amendments in the House on February 8, 2019. The Senate concurred with the House's amendments, and the governor signed the bill on February 11, 2019. All six Senate Democrats and all 16 House Democrats voted against the bill. One Republican Senator, Todd Weiler of District 23, and three House Republicans—Craig Hall (33), Eric Hutchings (38) and Steven Eliason (45)—also voted against the bill. The remaining legislative Republicans voted in favor of SB 96.
  • Utah has a Republican state government trifecta, meaning Republicans control both chambers of the state legislature and the governorship. Utah is one of three Republican trifecta states that approved Medicaid expansion initiatives in November 2018. The other two are Idaho and Nebraska.
  • Utah is one of 11 states that have no restrictions on legislative alterations, which means the legislature can amend or repeal initiated state statutes with a simple majority vote at any time.
  • Statement from Governor Gary Herbert:
    • Governor Herbert said, "SB96 balances Utah’s sense of compassion and frugality. It provides quality coverage to the same population covered by Proposition 3 in a meaningful, humane and sustainable way. It is now time to set aside differences and move forward to get those in greatest need enrolled on Medicaid and on the federal health care exchanges."
  • Response from Proposition 3 supporters:
    • Utah Decides Healthcare, the Proposition 3 support campaign, "This is a dark day for democracy in Utah. State legislators turned their backs on voters and on families in need. This bill leaves billions of our tax dollars in Washington and cuts healthcare for tens-of-thousands of Utahns. While special interests and politicians celebrate the success of their backroom deal, Utah families will be up late tonight knowing they just lost the ability to afford lifesaving care."
    • Proposition 3 supporter Matt Slonaker, executive director of the Utah Health Policy Project, stated, "This bill is not perfect, and there are significant parts of it that we don't support and will work hard to fix. But Governor Hebert, President Adams, and Speaker Wilson have stated that we will have an April 1, 2019 roll out date of coverage. UHPP, and our partners in the community, should be ready. We will finally be able to get coverage for Utahns that need it badly."
  • The Utah Legislature also amended Proposition 2, the Medical Marijuana Initiative, which was approved by voters in 2018.

California Gov. Newsom discusses future of state’s high-speed rail plan for which voters authorized $9.95 billion in 2008

  • In his State of the State address, California Gov. Gavin Newsom (D) said the state’s high-speed rail project between San Francisco and Los Angeles “would cost too much and take too long.” Newsom said he wanted a portion of the high-speed rail, from Merced and Bakersfield, to be prioritized. The governor’s spokesperson Nathan Click later said, “The state will continue undertaking the broader project—completing the bookend projects and finishing the environmental review for the SF to LA leg—that would allow the project to continue seeking other funding streams.”
  • The high-speed rail system has been in the works since 1996 when the state government created the California High-Speed Rail Authority (CHSRA) to develop a plan. In 2008, CHSRA estimated that a high-speed rail system connecting San Francisco to Los Angeles would cost about $34 billion. The California State Legislature approved a bond measure, which Gov. Arnold Schwarzenegger (R) signed, to appear on the ballot in 2008. Voters approved the ballot measure 52.7 to 47.3 percent.
  • Known as Proposition 1A, the bond measure authorized $9.00 billion in general obligation bonds for the planning and construction of a high-speed rail system connecting San Francisco to Los Angeles. The ballot measure also authorized an additional $950 million for commuter rail systems that provide connections to the high-speed rail’s stations. Proposition 1A required the high-speed train to move at a speed of at least 200 mph and transport passengers between San Francisco to Los Angeles in 2 ⅔ hours or less.
  • Since 2008, the CHSRA’s annual or biennial cost estimates for the project have ranged from $34 billion to $99 billion. In 2018, CHSRA estimated the project to cost $77 billion.
  • The federal government provided $3.5 billion to California for the high-speed rail system, including $2.6 billion in stimulus funds from the American Recovery and Reinvestment Act (ARRA) in 2010. The federal government required a segment of the rail system, located in the Central Valley, to be constructed by December 2022. In November 2018, state auditor Elaine Howle said, “If the Authority does not complete the construction by the federal government's December 2022 deadline, it may need to repay $3.5 billion.”
  • President Donald Trump responded to Newsom’s statement on high-speed rail on Twitter, saying, “California has been forced to cancel the massive bullet train project after having spent and wasted many billions of dollars. They owe the Federal Government three and a half billion dollars. We want that money back now. Whole project is a “green” disaster!” Gov. Newsom responded, tweeting, “Fake news. We’re building high-speed rail, connecting the Central Valley and beyond. This is CA’s money, allocated by Congress for this project. We’re not giving it back. The train is leaving the station — better get on board! (Also, desperately searching for some wall $$??)”
  • Carl DeMaio (R), chairman of Reform California, is also looking to address the future of the high-speed rail system in California. Reform California organized the campaign behind Proposition 6 (2018), which would have overturned the fuel tax and vehicle fee increases enacted in 2017. In 2020, DeMaio and Reform California are looking to get a citizen-initiated measure on the ballot that would terminate funding for the high-speed rail project.

Wednesday, February 13

Federal judge strikes down Mississippi state senate district as violation of Voting Rights Act

  • Judge Carlton W. Reeves, of the United States District Court for the Southern District of Mississippi, issued an order striking down the map for Mississippi State Senate District 22, finding that it constituted a violation of the Voting Rights Act by denying racial minorities in the district "an equal opportunity to participate in the political processes and to elect candidates of their choice." In the two-page order, Reeves advised the state legislature of its right to the first opportunity to draft new maps for District 22 and any adjoining districts that might be affected as part of the redistricting process. Reeves also suggested that the legislature might extend the March 1 qualification deadline for candidates in District 22 and any other affected districts. Reeves, appointed in 2010 by Pres. Barack Obama (2013), noted that a full opinion in the case, Thomas v. Bryant, would be forthcoming.
    • The Mississippi State Senate is one of seven legislative chambers nationwide that will conduct elections in 2019. All 52 Senate seats will be up for election. The primary is scheduled to take place on August 6, 2019. The general election will take place on November 5, 2019.

Thursday, February 14

Alaska House elects Bryce Edgmon speaker, ending 30 days of deadlock

  • Rep. Bryce Edgmon was elected as Alaska House speaker Thursday, one day after he switched his party affiliation from Democrat to unenrolled. Edgmon was House speaker from 2017 and 2018. The latest election ended a 30-day period without a majority in place in the House, the longest in state history. The final vote was 21 to 18.
  • Voting for Edgmon (besides himself) were:
    • All 15 House Democrats,
    • independent Daniel Ortiz,
    • and Republicans Louise Stutes, Gabrielle LeDoux, Jennifer B. Johnston, and Charles M. Kopp.
  • Eighteen other House Republicans voted against Edgmon.
  • Johnston and Kopp had not previously supported Edgmon. They had formerly backed Republican leader David Talerico. Rep. Gary Knopp, another Republican who did not support Talerico for speaker, was not present for the vote. Stutes and LeDoux were part of the bipartisan coalition Edgmon led from 2017 to 2018. They consistently opposed Talerico for speaker.
  • With a speaker in place, Democrats and Republicans are expected to share control of the House. Edgmon told the press that Kopp would serve as majority leader, Rep. Steve Thompson (R) would chair the Rules Committee, and Reps. Tammie Wilson (R) and Neal Foster (D) would co-chair the Finance Committee.

Special Elections

  • As of this week, 38 state legislative special elections have been scheduled in 15 states in 2019. Elections have been held for three Democratic seats and one Republican seat. One seat has flipped from Democratic control to Republican control. In special elections between 2011 and 2018, one party (either Republicans or Democrats) saw an average net gain of four seats across the country each year.
    • An average of 91 seats were filled through special elections in each of the past four-odd years (2011: 94, 2013: 84, 2015: 88, 2017: 98).
    • An average of 55 seats were filled through special elections in each of the past five even years (2010: 26, 2012: 45, 2014: 40, 2016: 65, 2018: 99).

Upcoming special elections include:

February 19

February 23

February 26

March 5

Local Politics: The Week in Review

Elections Update

Question 1 would restrict jail construction to the downtown overlay district and Question 2 would enact the “Lake Erie Bill of Rights” in the city charter establishing that Toledo residents have rights to a clean and healthy environment and local self-government and that Lake Erie and the surrounding area have a right to exist, flourish, and naturally evolve.

Tuesday, February 12

Oklahoma elections review

  • Primaries were held for four of nine city council seats in Oklahoma City, Oklahoma. The city council consists of nine members including the mayor. While the mayor is elected at large, the other eight council members are elected by the city's eight wards.
    • The races for Wards 2, 5, 6, and 8 were all decided outright in the primary. If no candidate had received at least 50 percent of the vote, a general election would have been held on April 2, 2019. Newcomers James Cooper and Jobeth Hamon were elected in Ward 2 and Ward 6, respectively, while incumbents David Greenwell and Mark Stonecipher were re-elected in Wards 5 and 8.
    • Oklahoma City is the largest city in Oklahoma and the 26th-largest city in the U.S. by population.
  • Primaries were also held in three Oklahoma school districts within Ballotpedia’s coverage scope. Incumbent Robert West was re-elected to the Catoosa Public Schools school board, and incumbent Staci L. Pruett won re-election to the Moore Public Schools Board of Education. In Tulsa Public Schools, Jania Wester won a special election to fill a vacancy in District 2. In the race for District 1, Nicole Nixon and Stacey Woolley advanced to a general election on April 2, 2019, after neither candidate won a majority of the vote in the primary.
    • Tulsa Public Schools is the largest of these three school districts and the second-largest school district in Oklahoma. It served 38,625 students during the 2016-2017 school year. Ballotpedia is covering elections for a total of 29 school board seats across 25 Oklahoma school districts in 2019.

Seattle sends out campaign finance vouchers for second time since passage of 2015 ballot measure

  • Seattle sent all eligible voters four $25 vouchers that they may give to a candidate or candidates of their choosing, provided the candidate adheres to certain campaign contribution limits. Creation of the voucher program was part of Measure No. 122, the City of Seattle Restrictions on Campaign Finance and Elections Initiative, which voters approved in 2015 by a vote of 63 percent to 37 percent. This year is the second time that the city has sent the vouchers. The program debuted in 2017.
  • The seven seats up for election this November are the city's seven geographically-drawn districts; the other two are at-large seats. This year marks only the second time that voters will elect city council members by district, rather than at-large.
  • Charter Amendment 19, the Seattle City Council Districts Proposition, was approved by voters 66 percent to 34 percent in 2013. The amendment changed the form of the city council from nine at-large positions to seven positions elected according to geographic districts and two at-large positions.
  • Seattle is the largest city in Washington by population and the 21st-largest city in the U.S.
WHAT'S ON TAP NEXT WEEK

Here's what is happening in State and local politics this week.

States in session

Forty-three states are in regular session and four states are in recess. Three states have yet to begin their legislative sessions. Alabama and Florida will begin their sessions on March 5. Louisiana will begin its session on April 8.

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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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