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The State and Local Tap: Vermont governor signs marijuana legislation

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January 26, 2018Issue No. 97

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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-nine (39) measures are certified to appear on statewide ballots in 21 states in 2018 so far—13 citizen-initiated measures, 25 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 measure were certified for 2018 ballots over the last week.
    • By this time in 2014, 61 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2016, 53 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 fourth week of the year from 2010 through 2016 was 63 and the average total number of certified measures by the end of the year in the same period was 173.
    • Signatures for 13 initiatives have been submitted and are pending verification in Alaska, California, Maine Michigan, and South Dakota. To see this list, click here.
    • In Massachusetts and Washington, enough signatures were submitted for six indirect initiatives (one of which has two versions) to put them before the state legislatures during the 2018 session and then on the ballot if the legislatures don’t approve them. To see this list initiatives that have been certified to the legislature, click here.
    • The most recent general signature filing deadline for 2018 citizen-initiated measures was on January 16, 2018, for initiatives in Alaska. Signatures were submitted for the two pending initiatives before the deadline: a salmon habitat protection standards initiative and an initiative with regulations concerning legislators.
      • Some states feature signature deadlines specific to each initiative caused by circulation time limits.
    • The next signature filing deadlines are January 29 for initiatives in Maine, February 1 for initiative signatures to be submitted and verified in Florida, and February 2 for the pending veto referendum in Maine. Signatures for one of the pending Maine initiatives were submitted. Proponents of two initiatives in Florida submitted enough signatures to qualify for the ballot; proponents of none of the other pending initiatives in Florida are expected to submit enough signatures.
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Monday, January 22

Pennsylvania Supreme Court strikes down congressional district map

  • The Pennsylvania Supreme Court struck down the state's congressional district map, finding that the map constituted an illegal partisan gerrymander. The state supreme court decision marks the latest in a series of events surrounding Pennsylvania's congressional district plan. On December 29, 2017, the Commonwealth Court of Pennsylvania issued an advisory opinion in League of Women Voters of Pennsylvania v. the Commonwealth of Pennsylvania, finding that the plaintiffs had failed to establish that the state's congressional district map had been subject to an illegal partisan gerrymander. On January 10, 2018, a three-judge panel of the United States District Court for the Eastern District of Pennsylvania issued a similar ruling in a separate lawsuit.
    • The January 22 order set a deadline of February 9, 2018, for the state legislature to submit a remedial district plan to the governor. The governor, in turn, must submit a remedial plan to the state supreme court by February 15, 2018. If the state legislature or governor fail to meet these deadlines, the court will adopt its own plan. The order included minimal commentary, indicating that a full opinion would be forthcoming. The candidate filing deadline for 2018 U.S. House candidates running in the statewide primary is March 6, 2018.

Florida initiative to restore right to vote for ex-felons certified for 2018 ballot

  • On November 6, 2018, voters in Florida will decide a ballot initiative designed to restore the right to vote for people with prior felony convictions upon completion of their sentences, including prison, parole, and probation; an exception would be made for those convicted of murder or a felony sexual offense. As of 2018, people with prior felonies never regain the right to vote, until and unless a state board restores an individual's voting rights. The initiative was certified for the ballot on January 22 as Amendment 4, after the Florida Division of Elections reported that 799,278 signatures had been validated in 14 of the state's 27 congressional districts. A minimum of 766,200 valid signatures were required.
  • The committee sponsoring the ballot initiative, Floridians for a Fair Democracy, received $4.98 million in contributions, including $1.70 million from the American Civil Liberties Union (ACLU). The campaign received the support of the New Approach PAC, which helped finance marijuana legalization campaigns in 2014 and 2016, and the U.S. Sen. Bernie Sanders-aligned group Our Revolution.
  • As of January 2018, there were no PACs registered to oppose the ballot measure. Floridians For A Sensible Voting Rights Policy was organized as a 501(c)(4) nonprofit to advocate for and against voting policies related to the group's mission and oppose the ballot initiative. The group could register as a ballot initiative political committee at a later date.
  • The ballot measure would amend Section 4 of Article VI of the Florida Constitution, which provides that persons convicted of prior felonies cannot vote. Section 4 is part of the current constitution, the Florida Constitution of 1968, and was carried over from previous constitutions back to 1868.
  • As of 2018, Florida is one of four states—the three others are Iowa, Kentucky, and Virginia—where convicted felons never regain the right to vote, until and unless a state officer or board restores an individual's voting rights. Of the 50 states, two states—Maine and Vermont—do not rescind the right to vote for convicted felons, allowing them to vote while incarcerated.
  • According to sociologists Christopher Uggen, Ryan Larson, and Sarah Shannon, an estimated 1.69 million Floridians—10.43 percent of the voting age population—were disenfranchised due to felonies in 2016. The majority of the disenfranchised persons, around 88.23 percent, were estimated to have completed their sentences. Florida had the highest rate and number of felons disenfranchised in the U.S. in 2016, according to their report with the organization The Sentencing Project. The estimated average rate of felon disenfranchisement across the 50 states was 2.28 percent in 2016.
  • The initiative is the second to qualify for the ballot for the election in November 2018. The first, which qualified on January 17, would provide voters with the "exclusive right to decide whether to authorize casino gambling in the State of Florida.” The last day for signature verification in Florida is February 1, 2018. No other ballot initiatives appear close to making the ballot by the deadline. There are two legislative referrals certified for the ballot. The Constitution Revision Commission is also meeting in 2018 to refer amendments to the ballot.

West Virginia House of Delegates approves bill to eliminate multi-member districts

  • The West Virginia House of Delegates voted 72-25 to approve a bill that would eliminate the chamber’s multi-member districts and reorganize state House representation into 100 single-member districts after the 2020 Census.
  • The 100 members of the state House currently represent a total of 67 districts: 11 districts elect two members, six districts elect three members, two districts elect four members, one district elects five members, and the remaining 47 districts elect one member.
  • Supporters of the bill claim that the legislation would bring about equal representation across the state by ensuring that certain districts do not exercise more legislative influence than others. “I would challenge the idea that we’re living up to that constitutional principle of one-man, one-vote with multi-member districts,” said Delegate Riley Moore (R). “I don’t think we are living up to the spirit of that constitutional principle currently.”
  • The bill’s opponents expressed concerns about future gerrymandering and the tenure of incumbents in single-member districts, arguing that multi-member districts serve voters by protecting districts from entrenched incumbents. “I ask each member, if you support this idea, to look very careful at how incumbents get entrenched and never leave their seats until they decide to do it or they die,” said Delegate Larry Rowe (D). “That’s the history of incumbency in single-member districts. And we’re not here to protect delegates and create an entrenched incumbency.”
  • The bill now heads to the Senate Judiciary Committee for consideration.
  • West Virginia is one of ten states with multi-member districts in at least one state legislative chamber. The West Virginia State Senate also has multi-member districts, though the chamber’s 34 members are evenly dispersed with two senators per district.
  • West Virginia is currently one of 26 Republican state government trifectas: Governor Jim Justice (R) serves alongside Republican majorities in the state House and the state Senate.

Vermont governor signs marijuana legislation

  • Vermont Governor Phil Scott (R) signed legislation legalizing the possession of up to one ounce of marijuana by individuals over the age of 21 and allowing individuals to grow up to two marijuana plants in their homes. The legislation does not allow for retail sales of marijuana in the state. The law takes effect on July 1, 2018.
  • Vermont is now the first state to legalize marijuana through the state legislature rather than a ballot initiative. The state House and the state Senate approved the legislation earlier this month.
  • Eight other states—Colorado, Washington, Oregon, Alaska, Nevada, California, Massachusetts, and Maine—have legalized marijuana through ballot initiatives.
  • Vermont is currently one of 17 states under divided government: Republican Phil Scott holds the governor’s office while Democrats hold majorities in the state House and the state Senate.

Ivey appoints Brad Mendheim to Alabama Supreme Court

  • Alabama Gov. Kay Ivey (R) has appointed Brad Mendheim the newest member of the Alabama Supreme Court. Mendheim replaced former Justice Glenn Murdock, who resigned from the court effective January 16. Mendheim is Ivey's second appointment to the nine-member all-Republican court. Mendheim's term will expire in January 2021, and he must stand for election in 2020 in order to remain on the bench.
  • Justices on the Alabama Supreme Court are elected for six-year terms in partisan elections. Vacancies between elections are filled through appointments by the governor of Alabama. The appointed justice serves an initial term of at least one year, after which he or she must run in the next general election in order to remain on the bench.

Proposed conversion therapy ban advances to Washington House of Representatives

  • The Washington House of Representatives introduced a bill that would prohibit licensed therapists from practicing conversion therapy on youth in the state. The Washington State Senate previously voted 32-16 to approve the bill on Friday, January 19. The bill was referred to the House Health Care and Wellness Committee.
  • Conversion therapy is a type of therapy aimed at changing the sexual orientation or gender identity of gay or transgender individuals. Conversion therapy is currently banned in Washington, D.C., and 10 states: California, Connecticut, Illinois, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont. Local-level bans exist in certain cities and counties in Ohio, Pennsylvania, Washington, Florida, and Arizona.
  • Supporters of the bill claim that conversion therapy is inhumane and that the legislation will protect vulnerable youth in the state from child abuse. Opponents of the legislation argue that any type of coercion during therapy is already considered to be professional misconduct and that the legislation does not protect against the practice of conversion therapy by unlicensed therapists or religious organizations.
  • Washington is currently one of eight Democratic state government trifectas: Governor Jay Inslee (D) serves alongside a 26-23 Democratic majority in the state Senate and a 50-48 Democratic majority in the state House.

Tuesday, January 23

Oregonians approve Measure 101, the Healthcare Insurance Premiums Tax for Medicaid Referendum; voters in the state’s two Pivot Counties voted 56-44 on Measure 101

  • On Tuesday, Oregonians voted 62 percent to 38 percent in favor of Measure 101. Measure 101 addressed taxes that would be used to fund Medicaid expansion. A "yes" vote on Measure 101 approved five sections of House Bill 2391 (HB 2391), and a "no" vote on Measure 101 would have repealed those five sections. The provisions of HB 2391 decided under Measure 101 placed a 1.5 percent assessment on premiums that healthcare insurers earned and premium equivalents that managed care organizations (MCOs) and the Public Employees’ Benefit Board received during a calendar quarter to provide funding for Medicaid. The approval of Measure 101 also approved a 0.7 percent tax on the net revenue of hospitals to provide funding for Medicaid.
  • Measure 101 was put on the ballot through a veto referendum petition designed to repeal the provisions of HB 2391 in question; this means that those responsible for collecting signatures and qualifying Measure 101 for the ballot advocated for a "no" vote.
  • The referendum petition sponsors and advocates of a "no" vote raised $374,358.86, including both cash contributions and in-kind services. Proponents spent $38,326.29 to get the measure on the ballot. The largest donor to the campaign for a "no" vote was the All 36 PAC, a committee controlled by Rep. Cedric Hayden (R-7).
  • Advocates of a "yes" vote on Measure 101 raised a total of $3.43 million, including cash contributions and in-kind services. The largest donor to the campaign for a "yes" vote was the Oregon Association of Hospitals and Health Systems.

Pivot counties analysis of results:

  • According to unofficial returns for Oregon Measure 101, a majority of voters in Oregon’s two Pivot Counties voted “Yes” on the veto referendum. A “Yes” vote was to uphold a 1.5 percent assessment on healthcare premiums and a 0.7 percent tax on the net revenue of hospitals to provide funding for Medicaid expansion.
  • Oregon expanded Medicaid under the Affordable Care Act, also known as Obamacare, in 2014. President Trump campaigned on repealing the ACA, and Republicans in Congress sponsored bills to repeal and replace the healthcare law in 2017. The Republican-backed American Health Care Act (AHCA), which passed the House but not the Senate, would have ended enhanced federal reimbursements for individuals and households covered under the ACA’s Medicaid expansion provision.
  • The ACA provided that the federal government fund 100 percent of Medicaid expansion from 2014 through 2016. In 2017, the federal government provided 95 percent of funding for expansion, and the remainder was the responsibility of the state government. Measure 101 was a veto referendum on House Bill 2391 (HB 2391), which was designed to enact the taxes to cover the state's share of the costs of Medicaid expansion. HB 2391 was passed mostly along party lines in the state legislature, with Democrats supporting and Republicans opposing the bill. Three Republican representatives initiated the campaign to collect signatures to get HB 2391 placed on the ballot as Measure 101.
  • Pivot Counties are counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Oregon has two Pivot Counties—Columbia and Tillamook counties. The total combined “yes” vote (to uphold the taxes) of electors in Oregon’s two Pivot Counties on Measure 101 was 55.59 percent, 7.55 percentage points more than in Oregon’s 23 Republican counties (excluding Baker County, where results were unavailable as of Jan. 24) and 13.73 percentage points less than in Oregon’s eight Democratic counties.
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Signatures verified for Washington Police Training and Deadly Force Initiative, sending it to the ballot unless legislators approve it themselves

  • The Washington secretary of state verified that enough of the signatures submitted for Washington Initiative 940 were valid to send the measure to the state legislature. The legislature now has three options: approve the initiative, let voters decide the initiative in November 2018, or send an alternative proposal to the ballot along with the initiative. The initiative 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. De-Escalate Washington is behind the initiative. The group submitted 359,895 signatures, which means about 74 percent of them had to be valid to meet the signature requirement of 259,622—8 percent of votes cast for the office of governor in the last election. After conducting verification of a random sampling of 10,833 signatures, the secretary of state determined 9,100 (84 percent) were valid, projecting 302,321 valid signatures in total. Since this was more than the required number, the initiative petition was certified as sufficient. The secretary of state must now send the initiative to the legislature which has to approve it or reject it—with or without an alternative—before the end of the regular 2018 legislative session. The regular session is set to end on March 8, 2018.
  • De-Escalate Washington raised $1.36 million, including cash contributions and in-kind contributions. The committee had spent $1,030,913.09 on the signature petition drive, which amounts to $3.97 for each signature required; more signature expenses could still be reported. The group hired PCI Consultants to manage the signature gathering. For the six initiatives that were on the ballot in Washington in 2016, the average total petition cost was $844,985.03 with an average cost per required signature (CPRS) of $3.43.
  • In 1986, the Washington Legislature passed a bill adding the following line to Washington law: "a public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section." According to Amnesty International, Washington is the only state to require malice and bad faith to convict an officer of unlawful use of deadly force. Initiative 940 would eliminate the requirement that deadly force be done with malice to hold the police officer criminally liable.
  • In 2016, the campaign Washington for Good Policing attempted but failed to collect enough valid signatures for Initiative 873, which would have appeared on the ballot in November 2017. Initiative 873 differed from Initiative 940 by eliminating both the requirement that a police officer acted without malice and the requirement that a police officer acted with a good faith belief in cases of deadly force to preclude criminal accountability. Initiative 940 would eliminate the requirement that a police officer acted without malice, but it would keep the requirement that a police officer acted with a good faith belief. Initiative 940 would create a two-part test to determine if an officer acted with a good faith belief. Initiative 873 did not include any additional required training for police officers, whereas Initiative 940 would require de-escalation, mental health, and first aid training.
  • The initiative goes to the legislature instead of directly to the ballot because it was an indirect initiative—called an Initiative to the Legislature in Washington. Washington and Utah are the only two states that have a process for both direct and indirect initiatives. Nine states have a process for indirect initiated state statutes. Direct initiatives are called Initiatives to the People in Washington. Signatures for 2018 direct initiatives in Washington are due on July 6, 2018.
  • Initiative 940 joins five other 2018 indirect initiatives in Massachusetts for which enough signatures were submitted to put the measures before the state legislature; Massachusetts is one of the nine states with a process for indirect initiated statutes.

Alabama House of Representatives votes to end special elections for appointments to U.S. Senate

  • The Alabama House of Representatives approved a bill that would end the practice of holding special elections following gubernatorial appointments to U.S. Senate seats.
  • In the event that one of Alabama’s U.S. Senate seats becomes vacant, the governor is currently required to appoint a temporary replacement and call a special election for voters to select an individual to serve for the remainder of the term. The legislation would allow the appointed replacement to serve until the next scheduled general election.
  • The bill’s author, state Representative Steve Clouse (R), stated that the purpose of the legislation was to save the state money and that the bill was not crafted in response to Alabama’s 2017 U.S. Senate special election, in which Democrat Doug Jones defeated Republican Roy Moore. Clouse noted that he introduced the bill in August, months before the December 2017 special election, which cost the state $11 million.
  • Democratic members of the state House attempted to filibuster the bill, arguing that the potential cost savings do not justify eliminating the special elections. The 67-31 vote occurred mostly along party lines.
  • The bill now moves to the Alabama State Senate for consideration.
  • Alabama is currently one of 26 Republican state government trifectas: Governor Kay Ivey (R) serves alongside Republican majorities in the state House and the state Senate.

Wyoming Secretary of State Ed Murray (R) will not run in 2018 after second sexual assault allegation

  • Wyoming Secretary of State Ed Murray (R) announced that he would not seek re-election or run for higher office in 2018. Earlier that day, he was accused of sexual assault by Theresa Sullivan Twiford, who had worked as a babysitter for Murray's family in 1988. Twiford said that Murray forcibly kissed her when she was walking to her car after leaving his house.
  • This was the second sexual assault allegation against Murray. The first came on December 14, 2017, when Tatiana Maxwell, a former intern at the law office where Murray worked during his early career, accused him of sexually assaulting her in the workplace in 1982. Murray had previously been considered a frontrunner to replace Matt Mead (R) as Wyoming’s governor in 2018.
  • Murray is one of 49 government officials that Ballotpedia has found sexual misconduct allegations against in the aftermath of the Harvey Weinstein sexual harassment and assault reports in October 2017. Ten state officials and seven federal officials have resigned or announced their retirements after misconduct allegations were brought against them.

Democrats retain state house seat in Pennsylvania

  • Austin Davis (D) defeated Fawn Walker Montgomery (R) in the special election for District 35 of the Pennsylvania House of Representatives. The seat was left vacant after the resignation of Marc Gergely (D) on November 6, 2017. Gergely resigned from the state house after pleading guilty to two misdemeanor charges relating to an illegal gambling machine ring.
    • Pennsylvania is one of 16 states under a divided state government. Republicans hold a 120-80 majority in the state house with three vacancies. The state senate is controlled by a 34-16 Republican majority. Gov. Tom Wolf (D) was elected to a four-year term in 2014.

Biss and Pritzker butt heads in Illinois gubernatorial debate

  • The first televised debate in Illinois' Democratic primary for governor was held on Tuesday. The Chicago Tribune described the event as a showdown between state Sen. Daniel Biss (D) and investor J.B. Pritzker (D), arguing that the two had focused their attention on each other, "relegating businessman Chris Kennedy (D) largely to the sidelines." In previous joint appearances, Biss and Kennedy have focused on Pritzker, the fundraising leader. Although Kennedy criticized Pritzker during last night's debate, the Tribune reported that Pritzker "completely ignored Kennedy". Biss campaign spokesman Tom Elliott argued on Twitter that Pritzker's focus on Biss was an indication that "his $42 million campaign must be worried about our grassroots movement".
  • Many of the issues discussed at the debate were tax-related, with all six candidates except Robert Marshall calling for the replacement of the state's flat income tax with a graduated rate. Bob Daiber was the only candidate to support an increase in the gasoline tax, while Daniel Biss was the only candidate to support a tax on financial transactions. The candidates were also asked whether they were in support of incentive packages to encourage corporations to move to Illinois, such as the proposals offered by state and local governments in Amazon.com's ongoing search for a second headquarters. Biss, Kennedy, and Pritzker all expressed their opposition to the concept.
  • Less than two months remain before the March 20 primary election. The winner of that race will face the winner of the Republican primary, in which sitting Gov. Bruce Rauner (R) faces state Rep. Jeanne Ives (R), in the November 6 general election.
  • Because the governor is a Republican while the Democratic Party holds majorities in both houses of the state Legislature, Illinois is one of 16 states where neither party holds a trifecta. Similarly, since the governor is a Republican while the attorney general and secretary of state are Democrats, Illinois is one of 16 states without a triplex. This means that Illinois is one of nine states with neither a trifecta nor a triplex.

Wednesday, January 24

Hanabusa receives Gabbard endorsement in Hawaii gubernatorial primary

  • Rep. Colleen Hanabusa (D-HI) announced on Wednesday that she had received the endorsement of Rep. Tulsi Gabbard (D-HI), Hawaii's only other member of the U.S. House, in the Democratic primary for governor. Hanabusa noted that Gabbard had only issued one other endorsement in her political career, backing Sen. Bernie Sanders (I-VT) in the 2016 Democratic presidential primary.
  • Hanabusa is one of two candidates who have so far filed to challenge sitting Gov. David Ige (D), who is seeking a second term, in the August 11 primary. Additional candidates have until June 5 to file. The only time a sitting governor of Hawaii was defeated in a primary election was in 2014, when Ige defeated then-Gov. Neil Abercrombie (D). The winner of the August 11 primary will face the winner of the Republican primary and any declared third party or independent candidates in the general election.
  • Because the governor is a Democrat and the Democratic Party holds majorities in both houses of the state Legislature, Hawaii is one of eight Democratic trifectas. Similarly, since the governor is a Democrat and the attorney general was appointed by the governor, Hawaii is one of 12 Democratic triplexes. This makes Hawaii one of seven states to have a Democratic trifecta and a Democratic triplex.

Kentucky will vote on Marsy’s Law constitutional amendment in November 2018

  • The Kentucky House of Representatives voted 87-3 to pass a Marsy’s Law amendment. As the state Senate already passed the amendment, 34-1, on January 10, 2018, the legislation was referred to the ballot for voter consideration on November 6, 2018. The amendment received bipartisan support in both chambers. One Senate Republican, one House Republican, and two House Democrats opposed referring the amendment to the ballot. A 60 percent vote was required in both chambers to refer 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. Voters have never rejected a Marsy’s Law, with support at the ballot box ranging from 53.84 percent in California in 2008 to 82.59 percent in Ohio in 2017. The average vote on a Marsy’s Law was 67.10 percent.
  • The ballot 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. With ongoing efforts in multiple states, Marsy's Law ballot measures were also certified to be on the ballot in Nevada and Oklahoma in 2018 so far.
  • Voters in Kentucky have not considered a ballot measure since the general election in 2012, when voters approved an amendment creating a constitutional right to hunt and fish. Since 1995, Kentucky voters have only rejected one of the eight ballot measures that the state legislature put before them.

South Dakota Senate approves 55 percent requirement for constitutional amendments; House approval sends SJR 1 to the ballot

  • The South Dakota state Senate voted 26-9 in favor of a constitutional amendment—Senate Joint Resolution 1—to require a 55 percent supermajority vote at the ballot to approve constitutional amendments—including both legislatively referred amendments and citizen-initiated amendments. All 26 votes in favor were from Republicans in the Senate; three Republicans and all six Democrats voted against it. The amendment now goes to the state House. If it is approved by a majority of representatives, it will go before voters in November. Republicans hold a 60-10 majority in the state House.
  • Senators Ernie Otten (R-6) and James Bolin (R-16) and representatives Kent Peterson (R-19) and Karen Soli (D-15) sponsored the amendment. It was also approved and recommended by the 2017 interim Initiative and Referendum Task Force. Bolin said, “Our constitution needs protection against a wide range of efforts to change it and to reform it and to alter it in ways that I think the general public is not really appreciative of." All six Democratic state senators and three Republican state senators voted against this amendment. Sen. Reynold Nesiba (D-15) argued that creating the 55 percent threshold would make it so that only efforts with a lot of funding could successfully pass an initiated constitutional amendment. Nesiba said to Bolin, “You’re going to make this problem worse.”
  • Senator Bolin introduced a similar but stronger amendment in 2017 that was designed to require a 60 percent supermajority vote for constitutional amendments and require a two-thirds (66.67 percent) supermajority vote in the state legislature to refer amendments to the ballot. The bill—Senate Joint Resolution 2—passed in the state Senate but did not make it out of the House State Affairs Committee.
  • From 2006 through 2017, voters in South Dakota decided 20 constitutional amendments and approved eight of them, for an approval rate of 40 percent. Of the eight that were approved, three were approved by less than a 55 percent supermajority vote. All three were put on the ballot by the state legislature. The last time an initiated constitutional amendment was approved by more than a majority but less than a 55 percent supermajority vote was in 1982, when 52.24 percent of voters approved Amendment A, which concerned the apportioning of state Senate districts.
  • In every state but Delaware, constitutional amendments must be ratified by voters. Eleven states have some requirement for approval beyond a simple majority of those voting, such as a double majority or supermajority requirement. Four of those states have a supermajority requirement.
  • Across the country, on average from 2006 through 2017, between 11 and 12 amendments were approved by voters per state. Delaware and Massachusetts are the only two states that had zero amendments proposed or approved by voters in that time period. Overall, 71.6 percent of proposed amendments were approved; the approval rate was 58.9 percent in the 18 states with a process for citizen-initiated amendments.

Thursday, January 25

Shane Reeves (R) will face Gayle Jordan (D) in Tennessee Senate District 14 special election on March 13th

  • Primary elections were held to fill a vacancy in Tennessee Senate District 14. In the Republican primary, Shane Reeves defeated Joe Carr by a 65-35 point margin, according to unofficial results. Gayle Jordan ran unopposed in the Democratic primary. Reeves and Jordan will face off in the special election on March 13, 2018.
  • The seat was left open when Jim Tracy (R) resigned in November 2017 to accept a position in the Trump administration. Tracy, who had represented the district since 2005, defeated his Democratic opponent in 2016 by nearly 50 percentage points.
  • Tennessee is one of 26 current Republican trifectas. Republicans control 27 of 33 seats in the Tennessee Senate, as well as 74 of 99 seats in the Tennessee House of Representatives. Tennessee Governor Bill Haslam (R) has served since 2010 and is ineligible to seek re-election due to term limits.

Ricketts appoints Lawrence Welch, Jr. to Nebraska Court of Appeals

  • On Thursday, Nebraska Gov. Pete Ricketts (R) appointed Lawrence Welch, Jr. to the Nebraska Court of Appeals, Fifth District. Welch replaces former Judge Everett Inbody, who retired last year. Welch is Rickett's second appointment to the six-member court. All current court members were appointed by Republican governors. Welch's appointed term will end on January 5, 2023, and he must stand for retention in 2022 in order to remain on the bench for another term. Subsequent terms last six years.
  • Judges on the court of appeals are appointed by the governor from a list of at least two names generated by a judicial nominating commission. New appointees serve for at least three years and then must stand for yes-no retention in the next general election. Each judicial district has its own judicial nominating commission. Each commission consists of nine members: one Nebraska supreme court judge who acts as chairman but does not vote, four attorneys selected by the members of the state bar who are district residents, and four non-attorney district residents selected by the governor. No more than four of the voting members may belong to the same political party.

Florida House passes measure to require 2/3 vote of legislature on taxes and fees; Senate approval sends measure to 2018 ballot

  • On January 9, 2018, Florida’s Republican Gov. Rick Scott gave his final State of the State speech address. He called on the Florida State Legislature to pass a constitutional amendment requiring a two-thirds vote to increase taxes. He said, "It is during times of economic downturn where this proposal is needed the most. It will force leaders to contemplate living within their means rather than taking the easy way out and just sticking it to the public by raising taxes on families and job creators.”
  • On January 25, the Florida House of Representatives passed a constitutional amendment to require a two-thirds vote of each chamber of the state legislature to enact a new or increase an existing tax or fee. The measure would also require that a bill enacting a new or increasing an existing tax or fee contain no other subject. The vote in the state House was 80-29, with seven members not voting and four vacancies. Ten Democrats joined 70 Republicans to pass the amendment, including the House Democratic leader-designate Kionne McGhee (D-117). At least 72 votes were required to pass the amendment. With six Republicans not voting, at least two Democrats needed to join the majority to approve the measure. No Republicans voted against the proposal, while 29 Democrats did. Rep. Joe Geller (D-100), who voted against the measure, stated, “I don’t see why we need to tie the hands of future Legislatures. This is a short-sighted idea. I know it sounds good ... The fact is, we have a system. It has worked well for the people of Florida.”
  • The constitutional amendment heads to the state Senate, where Republicans hold 23 seats and Democrats hold 15 seats. To pass the state Senate, the amendment needs the vote of 24 senators. Senate President Joe Negron (R-25) said he expects the proposal to receive support in the state Senate. He said, "We know that’s a strong priority of the governor, and something that the speaker has also made a priority. So I think you’ll see that legislation move forward in plenty of time to get it in front of the Senate.”
  • If the measure passes the state Senate, it will go on the ballot for the election on November 6, 2018, unless the legislature sets an earlier election date. It will require a 60 percent vote at the ballot box to become law. Since 1996, voters have approved 65.8 percent (25 of 38) of the amendments referred to them by the state legislature.
  • Currently, 15 states have some type of supermajority vote requirement for tax increases.
    • The following seven states have a two-thirds (66.67 percent) supermajority vote requirement for taxes in the legislature: Arizona, California, Louisiana, Missouri, Nevada, South Dakota, and Wisconsin (for sales, income, and franchise taxes).
    • The following three states have a three-fourths (75 percent) supermajority vote requirement for taxes in the legislature: Arkansas (except for sales and alcohol taxes), Michigan (for state property taxes), and Oklahoma.
    • The following five states have a three-fifths (60 percent) supermajority vote requirement for taxes in the legislature: Delaware, Florida (for corporate taxes), Kentucky, Mississippi, and Oregon.

Nebraska Supreme Court Justice Max Kelch to step down

  • Nebraska Supreme Court Justice Max Kelch announced he would retire from the court effective February 15, 2018. In his resignation letter to Governor Pete Ricketts, Kelch wrote, "After much deliberation, I have decided it is best for my family to submit my resignation." Kelch was appointed to the court by Ricketts in 2016. Ricketts will appoint Kelch's replacement from a list generated by a judicial nominating commission. Kelch's replacement will be Ricketts' fourth appointment to the seven-member court. Kelch's replacement will serve until January 2023 and will be required to stand for retention in 2022 in order to remain on the bench.
  • The seven justices of the Nebraska Supreme Court are appointed by the governor with help from a nominating commission. When a vacancy occurs, a judicial nominating commission submits the names of at least two qualified candidates to the governor, who appoints one to fill the vacancy. If the governor fails to appoint a candidate within sixty days, the chief justice of the supreme court is authorized to select a new judge. Each judicial district has its own judicial nominating commission. Each commission consists of nine members: one Nebraska supreme court judge who acts as chairman but does not vote, four attorneys selected by the members of the state bar who are district residents, and four non-attorney district residents selected by the governor. No more than four of the voting members may belong to the same political party. Judges serve initial terms of three years, at which point they must stand in yes-no retention elections occurring during the next general election in order to remain on the bench. Subsequent terms last six years.

An amendment to give South Dakota legislators a raise takes a step toward the November ballot, along with an amendment concerning the state militia

  • Two constitutional amendments were approved in one chamber by the state Senate and the state House, respectively: one amendment—House Joint Resolution 1001—to increase the salaries of legislators and the other—Senate Joint Resolution 2—to remove gender and age specifications from state militia provisions of the constitution. Now the chambers will trade amendments and, if each is approved in the other chamber, they will go before voters in November 2018.
  • House Joint Resolution 1001 (HJR 1001) was introduced at the request of the executive board of the Legislative Research Council. On January 25, 2018, the state House voted 38-26, with six excused, in favor of the amendment. In the House, Republicans voted 31-24, with five excused. Democrats in the House voted 7-2, with one excused. This amendment would set the salary of state legislators for the regular session to be one-fifth of the state's median household income. Currently, the salaries of state legislators, along with other constitutionally established state officers, is set by the legislature. The last time the legislature increased the salary of legislators was in 1998. The per diems of state legislators, however, have been increased. Currently, state legislators are paid $6,000 for each session and per diems. According to 2015 U.S. Census information, this amendment would increase the salary of a legislator for one regular session to $10,200. The total cost of this increase would be about $445,000 per session. To see how much state lawmakers get paid in other states, read Ballotpedia's report on the compensation of legislators.
  • Senate Joint Resolution 2 was first read by the Senate on January 17, 2018, and referred to the State Affairs Committee, which approved it 7-2. The Senate amended it to specify that the militia provisions applied only to persons legally residing in the state and approved the amended version 29-3, with three excused, on January 25, 2018. All Republicans except for three that were excused voted in favor of it; three Democrats voted in favor of it, and three voted against it.
  • South Dakota is a Republican trifecta.

Friday, January 26

Massachusetts state senator resigns to accept private sector position

  • Massachusetts state Senator Linda Dorcena Forry (D) resigned in order to accept an executive position with a construction firm. Prior to her resignation, Forry served as the only black member of the Massachusetts State Senate.
  • Forry was first elected to represent the First Suffolk District of the Massachusetts State Senate in a special election on May 28, 2013. She previously served in the Massachusetts House of Representatives, representing the Twelfth Suffolk District from 2005 to 2013.
  • A special election is required to fill the vacant First Suffolk District seat. The winner will serve for the remainder of Forry’s term, which expires on January 2, 2019.
  • Massachusetts is currently one of 16 states under a divided government. Republican Governor Charlie Baker serves alongside Democratic majorities in the state House and the state Senate.

Signatures submitted for initiative to provide in-home care for Maine’s elderly through new taxes

  • Supporters of a ballot initiative in Maine to enact a payroll tax and non-wage income tax to fund a program called the Universal Home Care Program submitted 67,000 signatures. At least 61,123 (91.23 percent) of the signatures need to be valid for the indirect initiative to go before the Maine State Legislature. If the legislature approves the initiative, it becomes law. If the legislature does not act on the initiative or rejects it, the initiative goes on the ballot for the election on November 6, 2018. The initiative was the first to file signatures for the Maine ballot in 2018.
  • The Universal Home Care Program would be designed to provide long-term healthcare and social services to adults 65 years of age or older or with physical or mental disabilities in their homes at no costs to the individuals or their families. Providers that receive funds from the program would be required to spend at least 77 percent of the funds on worker costs.
  • The measure would enact a 3.8 percent payroll tax on income/wages above a certain level, divided evenly (1.9 percent each) between employers and employees. The tax would apply to income/payment above Social Security's Old-Age, Survivors, and Disability Insurance (OASDI) contribution and benefits base; this base is $128,400 in 2018. The measure would also enact a 3.8 percent tax on non-wage income—such as stock dividends and interest—above the OASDI base, with a reduction for the payroll tax amount paid.
  • The Maine People's Alliance led the signature drive for the ballot initiative. The campaign had raised $350,000—all of it from the Open Society Policy Center. The Open Society Policy Center is a 501(c)(4) that is part of a network of progressive organizations established by George Soros. Caring Across Generations, a national home-care advocacy group, is also backing the ballot measure.
  • The last ballot measure to increase taxes in Maine, Question 2 of 2016, was approved by voters. Question 2 was designed to enact an additional 3 percent surcharge on the portion of household income exceeding $200,000 per year and earmark the revenue for education. Conflict between Gov. LePage (R) and legislative Republicans, on one hand, and legislative Democrats, on the other, over whether to repeal Question 2 resulted in a partial government shutdown that lasted four days. Ultimately, Question 2 was repealed.

Special Elections

As of this week, 11 state legislative seats have been filled through a special election in 2018, and another 37 special elections have been scheduled in 20 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 29

January 30

Local Politics: The Week in Review

Elections Update

Monday, January 22

Las Vegas city councilman resigns after pleading guilty to federal felony charge

  • Las Vegas City Councilman Ricki Barlow resigned his seat after pleading guilty to a federal felony charge of misusing campaign funds. Barlow pled guilty to fraudulently using funds from his 2015 re-election campaign for his own personal use, according to The Nevada Independent.
  • Barlow’s resignation occurred one week after a group of his constituents filed paperwork to recall him from office.
  • Barlow had served on the Las Vegas City Council since 2007.
  • The council must now decide within 30 days whether it will fill Barlow’s vacancy via an appointment by a majority of council members or through a special election.

Tuesday, January 23

Signatures verified in Judge Aaron Persky recall; will be on June ballot

  • In California, the recall of Santa Clara County Judge Aaron Persky qualified for the ballot on June 5, 2018. The county announced on January 23 that the recall campaign had collected more than the required 58,634 signatures. Voters will decide whether or not to recall Persky two years after the recall effort began. Talk of a recall began after Persky sentenced Brock Turner—the Stanford student who was found guilty of sexual assault—to a six-month jail sentence in June 2016.
    • The Santa Clara County Public Defender’s Office, a group of retired Santa Clara County judges, and groups of law students and law professors have criticized the recall by arguing that recalling a judge because of one sentence would put judicial independence at risk. The last time a California judge was recalled was 85 years ago.
    • In 2018, Ballotpedia has tracked 101 recall efforts against 135 elected officials. Both of the elected officials who have faced recalls elections so far in 2018 were recalled.

City council recall effort succeeds in Hanford, California

  • A recall election took place against Hanford City Councilman Francisco Ramirez. Hanford residents approved the recall, and businesswoman Diane Sharp earned the most votes to replace Ramirez. Recall organizer Skip Athey had accused Ramirez of corruption and misusing public resources. Voters were asked if they would like to approve the recall and, in the case of a successful recall, which candidate would replace Ramirez.
    • In 2018, Ballotpedia has tracked 101 recalls against 135 elected officials. Both of the elected officials who have faced recalls elections so far in 2018 were recalled.

Voters reject both competing marijuana measures in Compton, California; marijuana ban remains

  • Voters in Compton, California, which is in Los Angeles County were given the choice between two measures to permit and regulate marijuana businesses in the city; they chose neither. Measure C was on the ballot as a city council referral, while Measure I was a citizen initiative, and both were defeated with over 75 percent of voters voting “no.” Measure C proposed a 10 percent business tax and a prohibition on commercial cultivation, while Measure I proposed a 5 percent business tax and a provision for indoor cultivation, along with a $10 per square foot cultivation tax. Measure C also proposed stricter zoning regulations than Measure I, along with a tighter cap on the number of dispensaries in the city.
  • If both of the competing measures had received a majority of “yes” votes, the measure with the greater number of “yes” votes would have superseded the other. However, since 77.67 percent of voters opposed Measure C and 77.97 percent of voters opposed Measure I, marijuana dispensaries and operations continue to be prohibited in Compton.

Colorado recall effort leads to town trustee resignation

  • Town Trustee Garth Leonard faced a recall election in Rockvale, Colorado, but he resigned prior to the election. Voters chose Dan Audet, Darrel Cool, Richard Guidry, and Larry Kibel to replace Leonard as town trustees.
    • Mayor Dan Schlaak faced a recall election on January 16. Dave “Oney” Barnes earned 79 percent of the vote in the recall election and replaced Schlaak in office.
    • The two recall efforts were initiated in August 2017 following allegations that the town government did not properly administer funds raised during the two-day MudFest truck-driving event.
    • In 2018, Ballotpedia has tracked 101 recalls against 135 elected officials. Both of the elected officials who have faced recalls elections so far in 2018 were recalled.

Long Beach City Council votes to cancel four elections

  • The Long Beach City Council voted to cancel four scheduled elections due to lack of opposition. No candidates filed to run against the incumbents holding the offices of city attorney, city auditor, city prosecutor, and District 1 representative on the city council. Because the election was canceled, the four incumbents were awarded new terms automatically. If they had not been canceled, the four elections would have shared the primary election ballot on April 10 with elections for mayor and the District 3, 5, 7, and 9 seats on the city council. General elections for three seats on the Long Beach Community College District Governing Board and three seats on the Long Beach Unified School District Board of Education will also be held on April 10.

San Francisco mayoral candidate out as acting mayor, replaced by another on the board of supervisors

  • The San Francisco Board of Supervisors voted to remove London Breed as acting mayor and replace her with District 2 Supervisor Mark Farrell. He was approved by a 6-3 vote after hours of public comment during the board's meeting. Breed originally became the acting mayor immediately upon the passing of former Mayor Ed Lee, per the city charter. Under the charter, the board also had the power to appoint an interim mayor to serve until the June 2018 special election.
    • Supervisor Norman Yee nominated Farrell for the appointment, saying he wanted an interim mayor who wasn't also running in the election for the seat and emphasizing the need to preserve the separation of powers between the legislative and executive branches. He also said the city would be facing the adoption of a two-year budget in the months leading up to the special election, and that Farrell was highly-qualified to handle it, having been the chair of the budget committee for four years.
    • Members of the black community attended the meeting to support Breed, a black woman, and forced it into a temporary recess at one point. Fred Jordan, president of the African American Chamber of Commerce, told the San Francisco Examiner the decision was disrespectful to the black community. “They don’t care. I’m totally astonished,” he said.
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

Saturday, January 27

Candidate filing deadline will pass in West Virginia

  • The filing deadline will pass for individuals interested in running for U.S. Congress, the state legislature, and local judgeships in West Virginia. West Virginians will elect one member to the U.S. Senate, three members to the U.S. House of Representatives, 17 state senators, and all 100 state representatives. Since many local court judges were elected in West Virginia's first nonpartisan judicial elections in 2016, any judicial elections which occur in 2018 will be to fill unexpired terms resulting from vacancies. Primary elections are scheduled on May 8, 2018, and general elections are scheduled on November 6, 2018.
    • As of January 2018, Republicans control both chambers of the West Virginia State Legislature. They have a 64-36 majority in the state House and a 22-12 majority in the state Senate. West Virginia is also a Republican trifecta, meaning that the Republican Party holds the governorship and both chambers of the state legislature.

Monday, January 29

Special primary elections scheduled for Minnesota Senate, House

  • A special primary election will be held for Minnesota State Senate District 54. James Brunsgaard III (R) and Denny McNamara (R) will face off in the primary election. The winner of that election will face Karla Bigham (DFL) and Emily Mellingen (L) in the general election scheduled on February 12, 2018. The seat became vacant on December 15, 2017, following the resignation of Dan Schoen (D).
    • On November 21, 2017, Schoen announced that he would resign from office due to sexual misconduct allegations levied against him by state Rep. Erin Maye Quade (D), former Democratic state House candidate Lindsey Port, and a Minnesota state Senate staffer.
    • As of January 2018, Republicans constituted a narrow majority in the Minnesota State Senate, occupying 34 (51 percent) of the 67 total chamber seats. Democrats occupied 32 (48 percent) of the seats, meaning a Democratic victory in the special elections would further narrow the Republican majority. The next general election for all 67 of the Minnesota State Senate seats will be held in 2020.
  • A special primary election will be held for Minnesota House of Representatives District 23B. Jeremy Munson (R) and Scott Sanders (R) will face off in the primary election. The winner of that election will face against Melissa Wagner (DFL) in the general election scheduled on February 12, 2018. The seat became vacant on November 30, 2017, after Tony Cornish (R) resigned.
    • On November 21, 2017, Cornish announced that he would resign from office due to sexual misconduct allegations levied against him by state Rep. Erin Maye Quade (D) and lobbyist Sarah Walker.
    • As of January 2018, Republicans were the majority party in the Minnesota House of Representatives, occupying 76 (57 percent) of the 134 total chamber seats. Democrats occupied 57 (43 percent) of the seats. All of the Minnesota House seats are up for general election on November 6, 2018.
    • Heading into the November 2018 elections, Minnesota is one of 16 states under divided government and was not one of the 34 state government trifectas. Read more about trifectas here.

Tuesday, January 30

Kentucky candidate filing deadline to pass

  • The filing deadline for candidates will pass to run for office in Kentucky. The offices on the ballot include the six Kentucky districts in the U.S. House of Representatives, which are held by five Republicans and one Democrat, as well as 19 seats on the Kentucky State Senate, all 100 seats on the Kentucky House of Representatives, one seat on the Kentucky Supreme Court, and one seat on the Kentucky Court of Appeals. Ballotpedia is also covering elections in Lexington and Louisville since they are in the top 100 cities in the U.S. by population. This includes the mayor and city council of both cities, any judges serving in those areas, and the school boards of Fayette and Jefferson counties.
    • This will be the fourth major filing deadline of the cycle, following Illinois, Texas, and West Virginia. Kentucky’s primary election is on May 22, 2018, and the general election will be on November 6, 2018.

Special primary election to be held for Florida State Senate District 31

  • A special primary election will be held in District 31 of the Florida State Senate. Lori Berman and Arthur Morrison will face off in the Democratic primary, while Tami L. Donnally is unopposed in the Republican primary. The general election is scheduled on April 10, 2018. The seat became vacant following Jeff Clemens' (D) resignation. His resignation came after he publicly admitted to having an affair with a lobbyist.
    • On November 20, 2017, the Florida Democratic Party filed a lawsuit requesting that the dates for special elections in House District 114 and Senate District 31 be moved up so that legislators for those districts could be in place for the 2018 legislative session. The House District 114 election was called for May 1, 2018.
    • As of January 2018, Republicans constituted a majority in the Florida Senate, occupying 23 (58 percent) of the 40 chamber seats. Democrats occupied 15 (38 percent) of the senate seats. Twenty seats are up for election on November 6, 2018. The candidate who wins the spring special election will have to run again in November if he or she wishes to retain the seat for a regular 2-year term.
    • Heading into the November 2018 elections, Florida is one of 26 Republican state government trifectas. Read more about trifectas here.

Massachusetts state house special election filing deadline to pass

  • The deadline will pass for candidates to file certified nomination papers with the secretary of state to run in the special election for the Second Bristol District of the Massachusetts House of Representatives. The primary election will take place on March 6, 2018, and the general election will be held on April 3, 2018. The election is being held to replace state Rep. Paul Heroux (D), who resigned on January 2, 2018, in order to become the mayor of Attleboro. Massachusetts currently operates under divided government. Both chambers of the state legislature are held by the Democratic Party, but Gov. Charlie Baker is a Republican.

Friday, February 2

Will ranked-choice voting be used in Maine’s June primary election? Signature deadline on February 2 could hold the answer

  • Signatures for a veto referendum to overturn a bill delaying or repealing ranked-choice voting in Maine are due on February 2, 2018. The veto referendum effort was launched to repeal a bill passed by the Maine State Legislature on October 23, 2017. The bill targeted by the petition—LD 1646—was written to delay the implementation of ranked-choice voting until December 1, 2021, and automatically repeal ranked-choice voting if a constitutional amendment to enable it is not approved prior to December 1, 2021. Question 5, the initiative establishing a statewide system of ranked-choice voting, was approved by Maine voters in 2016. Question 5 was set to take effect for the elections in 2018.
  • On May 23, 2017, the Maine Supreme Judicial Court issued a non-binding opinion that ranked-choice voting was in conflict with the Maine Constitution. During the 2017 legislative session, proposals to amend the state constitution—thus asking voters to make the constitution compatible with ranked-choice voting—or repeal the ranked-choice voting law were introduced. However, neither passed the state legislature. On October 23, 2017, the Maine State Legislature held a special legislative session with the intent to address ranked-choice voting, passing LD 1646.
  • According to Julie Flynn, the Deputy Secretary of State, the deadline for signatures is Friday, February 2, 2018, as the 90th day after the special legislative session ended is Sunday, February 4. Supporters of the veto referendum need to file at least 61,123 valid signatures for the measure to be placed on the primary election ballot on June 12, 2018.
  • The committees supporting the veto referendum had received $253,045 in contributions, as of the last disclosure date on January 16. Laura and John Arnold’s Action Now Initiative provided $100,000—the largest contribution to the campaign.
  • Turning in enough valid signatures would stop LD 1646 from going into effect until voters determine its fate. This means ranked-choice voting would be in effect for the primary election on June 12, 2018. Ranked-choice voting would apply to primary elections for U.S. senators, U.S. representatives, the governor, state senators, and state representatives.
Session map 1-26.png
Trifectas-1-26-18.png

Local Politics: What's On Tap Next Week

Saturday, January 27

Candidate filing deadline will pass in West Virginia

  • The filing deadline will pass for individuals interested in running for U.S. Congress, the state legislature, and local judgeships in West Virginia. West Virginians will elect one member to the U.S. Senate, three members to the U.S. House of Representatives, 17 state senators, and all 100 state representatives. Since many local court judges were elected in West Virginia's first nonpartisan judicial elections in 2016, any judicial elections which occur in 2018 will be to fill unexpired terms resulting from vacancies. Primary elections are scheduled on May 8, 2018, and general elections are scheduled on November 6, 2018.
    • As of January 2018, Republicans control both chambers of the West Virginia State Legislature. They have a 64-36 majority in the state House and a 22-12 majority in the state Senate. West Virginia is also a Republican trifecta, meaning that the Republican Party holds the governorship and both chambers of the state legislature.

Tuesday, January 30

Michigan county prosecutor Ralph Kimble targeted for recall over sexual misconduct allegations

  • In Michigan, a petition to recall Branch County Prosecutor Ralph Kimble was filed on January 18 over accusations of sexual misconduct. A former employee of the prosecutor’s office filed a lawsuit against Kimble and the county in October, which claimed that she had been fired for complaining about sexual harassment. There have also been investigations into Kimble by a panel of county judges and Michigan Attorney General Bill Schuette. Kimble denied the allegations and said he would fight the recall.
    • The Michigan Board of State Canvassers will hold a clarity and factual hearing on January 30 to determine whether the recall may proceed. If the petition is approved, proponents will need to collect 2,858 valid signatures in order to trigger a recall election.
    • In 2018, Ballotpedia has tracked 101 recalls against 135 elected officials. Both of the elected officials who have faced recalls elections so far in 2018 were recalled.

Kentucky candidate filing deadline to pass

  • The filing deadline for candidates will pass to run for office in Kentucky. The offices on the ballot include the six Kentucky districts in the U.S. House of Representatives, which are held by five Republicans and one Democrat, as well as 19 seats on the Kentucky State Senate, all 100 seats on the Kentucky House of Representatives, one seat on the Kentucky Supreme Court, and one seat on the Kentucky Court of Appeals. Ballotpedia is also covering elections in Lexington and Louisville since they are in the top 100 cities in the U.S. by population. This includes the mayor and city council of both cities, any judges serving in those areas, and the school boards of Fayette and Jefferson counties.
    • This will be the fourth major filing deadline of the cycle, following Illinois, Texas, and West Virginia. Kentucky’s primary election is on May 22, 2018, and the general election will be on November 6, 2018.

Friday, February 2

Filing deadline for mayoral candidates and school board candidates in Anchorage, Alaska

  • The filing deadline to run for mayor of Anchorage, Alaska, and for three board seats on the Anchorage School District ends on February 2.
    • Anchorage is holding a general election for mayor on April 3, 2018. A runoff election, if necessary, will be held on May 1, 2018. As of January 25, four candidates had filed to run against Mayor Ethan Berkowitz.
    • One school district in Alaska, the Anchorage School District, will be covered by Ballotpedia in 2018. The election is planned for April 3. As of January 25, five candidates had filed to run for three seats. For more information on Alaska’s school board elections, please click here.


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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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