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The State and Local Tap: Yancey wins VA House 94 drawing; no concession from Simonds

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January 5, 2018Issue No. 94

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Week in review
On tap next week

THE WEEK IN REVIEW

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

State Politics: The Week in Review

Ballot Measures Update

2018:

  • Thirty-six (36) measures are certified to appear on statewide ballots in 20 states in 2018 so far—11 citizen-initiated measures, 24 legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. Review Ballotpedia’s list of 2018 initiative and referendum signature deadlines to stay ahead of 2018 ballot measure news, and see if there are initiatives currently circulating in your state here.
    • Two new measures were certified for 2018 ballots over the last two weeks.
    • By this time in 2013, 59 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2015, 46 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 first week of the year from 2010 through 2016 was 59 and the average total number of certified measures by the end of the year in the same period was 173. Although it is too early to make a precise prediction about how many certified measures there will be in 2018, the current number of certified measures compared to the average since 2010 project a total of 105 statewide ballot measures for 2018.
    • Signatures for 11 initiatives have been submitted and are pending verification in California, Michigan, South Dakota, and Washington. To see this list, click here.
    • In Massachusetts, enough signatures were submitted for five initiatives (one of which has two versions) to put them before the state legislature during the 2018 session. To see this list, click here.
    • The most recent general signature filing deadlines for 2018 citizen-initiated measures was on December 29, 2017, for the first batch of signatures for indirect initiated state statutes in Ohio and for Initiatives to the Legislature in Washington. Signatures were submitted for one Washington initiative—Initiative 940—which would create a good faith test to determine when the use of deadly force by police is justifiable, require police to receive de-escalation and mental health training, and provide that police have duty to render first aid. No initiated state statutes were circulating in Ohio.
      • Some states feature signature deadlines specific to each initiative caused by circulation time limits.

Saturday, December 30

Colorado state senator switches from Democrat to independent

  • Colorado state Senator Cheri Jahn changed her partisan affiliation from Democrat to independent. According to the Denver Post, Jahn attributed the change to her frustration with the political system.
  • “I have always brought an independent voice ,” said Jahn in a Facebook post. “I didn’t change, the system changed. This system is terribly broken. I have watched through the years and witnessed that there is more care about politics and those in power than serving people in the state.”
  • Jahn’s announcement increased the total number of state legislators who changed their partisan affiliation in 2017 to 15.
Number of state legislators who switched political parties, 2017.png
  • Jahn has represented District 20 in the Colorado State Senate since 2010 and is ineligible to run for re-election in 2018 due to term limits.
  • Colorado is currently one of 17 states under a divided government. Democratic Governor John Hickenlooper now serves alongside an 18-16 Republican majority with one independent member in the state Senate and a 37-27 Democratic majority with one vacancy in the state House.

Tuesday, January 2

Widow of Rep. Dan Johnson will face former Dem. incumbent in KY House special election

  • The filing deadline passed for candidates to file for the February 20 special election that will fill Dan Johnson’s (R) District 49 seat in the Kentucky House of Representatives. Johnson committed suicide on December 13. On December 11, allegations that Johnson had molested a 17-year old girl were reported. Johnson denied the accusations against him in a Facebook post on December 13. The Republican candidate in the special election is Johnson’s widow, Rebecca Johnson. She will face Democratic candidate Linda Belcher, who held the District 49 seat from 2009 to 2013 and from 2015 to 2017. She was defeated by Dan Johnson 50.4 to 49.6 percent in the 2016 general election. When announcing her intention to run for her late husband’s seat, Rebecca Johnson said, “These high-tech lynchings based on lies and half-truths can’t be allowed to win the day. I’ve been fighting behind my husband for 30 years and his fight will go on.”

Four file for Mississippi House District 60 special election

  • The candidate filing deadline passed for a special election for the Mississippi House of Representatives District 60. The election was scheduled after the resignation of John Moore (R) on December 8. Moore cited health reasons for his resignation, but Mississippi House Speaker Philip Gunn (R) said on December 11 that Moore was facing multiple sexual harassment complaints at the time of his resignation. Four candidates filed for the nonpartisan race: Jim Giles, Morris Mock Jr., Bob Morrow, and Fred Shanks. The election is on February 20. If no candidate receives over 50 percent of the vote, the top two vote getters will compete in a runoff on March 13.

After a vacancy of mere minutes, Blacklock joins Texas Supreme Court

  • Texas Governor Greg Abbott appointed his former general counsel Jimmy Blacklock to the Texas Supreme Court on Tuesday, swearing Blacklock into office only minutes after former Justice Don Willett left the seat vacant. Willett's seat became vacant Tuesday morning when Willett took his seat on the United States Court of Appeals for the 5th Circuit. Blacklock is Abbott's first appointment to the nine-member court. Blacklock's term will end on December 31, 2018. He must stand for election in 2018 in order to remain on the bench. All of the current members of the Texas Supreme Court were either appointed by Republican governors or elected as Republican candidates.
  • The Texas Supreme Court is the highest court in the state of Texas for civil matters. The nine justices are selected in statewide partisan elections for terms of six years. In the event of a midterm vacancy, the governor appoints a replacement. Although replacements must generally be confirmed by the Texas Senate, no confirmation is necessary if the appointment is made when the Senate is not in session.

Brown appoints first African-American Oregon Supreme Court justice in state's history

  • Gov. Kate Brown (D) has appointed Judge Adrienne C. Nelson to the Oregon Supreme Court, making Nelson the first African-American state supreme court justice in Oregon’s history. Nelson, previously a judge on the Multnomah County Circuit Court, replaces retired Justice Jack Landau. Nelson's term will expire on January 6, 2019. She must stand for election in 2018 in order to remain on the bench. Nelson is Brown's fourth appointment to the seven-member court. All seven current members were appointed by Democratic governors.
  • Justices of the Oregon Supreme Court are elected in nonpartisan elections to serve six-year terms, after which they must run for re-election if they wish to continue serving. In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election occurring 60 or more days after the appointment, at which point he or she may run for election.

McGinnis wins South Carolina House special election unopposed

Massachusetts State Senate special election filing deadline

  • The filing deadline of the special election for the Third Essex District of the Massachusetts State Senate passed. The list of primary candidates is currently unavailable but will be updated once the secretary of state releases that information. The special election is being held to replace Thomas McGee (D), who resigned on January 2, 2018, to become the mayor of Lynn. A special primary election will take place on February 6, 2018. The general election will be held on March 6, 2018.

Two candidates face off in Iowa House of Representatives special election

  • The deadline passed for candidates to file for the January 16 special election to fill the Iowa House of Representatives District 6 seat left vacant when the incumbent, Jim Carlin (R), was elected to the Iowa State Senate in December. Rita DeJong (D) and Jacob Bossman (R) will face off in the special election. Bossman previously ran for the seat in the 2016 regular election, but was defeated by Carlin in the primary. The District 6 seat has been in Republican hands since at least 2012; in 2016, Carlin won re-election by a 31-point margin against his Democratic opponent.

Arkansas Governor Asa Hutchinson (R) to face challenger in May Republican primary

  • Jan Morgan announced her candidacy in the Arkansas gubernatorial race. Morgan is the owner of an indoor firing range. At this time, Morgan is the only candidate to declare her intent to face current Governor Asa Hutchinson in the Republican primary election on May 22, 2018. The winner of that race will advance to the general election on November 6, 2018.
    • Two other candidates have declared their campaigns for Arkansas governor. Democratic candidate Jared Henderson is currently unopposed in the Democratic primary and Libertarian candidate Mark West is the only declared third-party candidate. The filing deadline is March 1, 2018.
    • During the last gubernatorial election cycle in 2014, two primary elections were held for the Democratic and Republican parties. Two candidates faced off in each election. One Libertarian Party candidate and one Green Party appeared on the general election ballot after being elected by convention. Hutchinson’s predecessor, Mike Beebe (D), was term-limited.
    • There have been 46 governors in the history of Arkansas. Of these governors, eight have been Republican and 38 have been Democratic. Arkansas is currently one of 23 states with a Republican triplex, meaning the governor, attorney general, and secretary of state are all from the same party.

Laura Hoydick resigns from Connecticut House of Representatives

  • Connecticut Rep. Laura Hoydick (R-120) resigned from her position, fulfilling a promise she made during her 2017 campaign to become mayor of Stratford. Hoydick won that election and was sworn in as mayor on December 11. She was not required by law to resign from her seat in the state House as members of the state legislature are not prohibited from serving in municipal offices.
    • Hoydick first joined the Connecticut House of Representatives in March 2010, and her current term was scheduled to expire in 2020. She won the seat in a special election to replace former Rep. John Harkins. Hoydick again succeeded Harkins when she became mayor of Stratford, as Harkins served as mayor from 2009 to 2017.
    • A special election to fill the remainder of Hoydick’s term in District 120 will most likely be held in February. Once the Connecticut Secretary of State declares the seat vacant, a special election will have to be held within 45 days. The election date will be set by the governor, and no primary election will be held. Candidates for the race will be decided by the Democratic and Republican town committees.
    • The Connecticut House of Representatives currently has 78 Democratic members and 71 Republican members. Hoydick’s resignation caused the second of two vacancies in the chamber. The other vacancy will be filled by special election on January 9.

One primary election scheduled for an open seat on the Wisconsin Supreme Court in 2018

  • The filing deadline for candidates in Wisconsin’s spring elections passed. In total, three candidates—Milwaukee County Circuit Court Judge Rebecca Dallet, Sauk County Circuit Court Judge Michael Screnock, and Madison lawyer Tim Burns—filed to run for the expiring term of conservative Justice Michael Gableman on the Wisconsin Supreme Court. According to the Milwaukee Journal Sentinel, Dallet is running as a moderate candidate, Burns as a liberal, and Screnock as a conservative. The number of candidates who filed in 2018 represents an increase from prior years. In 2017, one candidate filed to run for one seat. In 2016, three candidates filed to run for one seat. Two candidates filed to run for one seat in 2015.
    • The Wisconsin Supreme Court has jurisdiction over all Wisconsin courts and can also hear original actions. The court is made up of seven justices who are selected in nonpartisan elections for 10-year terms.
    • In 2018, one primary election will take place for the one state supreme court seat on the ballot. The two candidates who receive the most votes in the primary race on February 20 will advance to the general election on April 3. In 2015 and 2017, no primary elections were held. In 2016, one primary election was held.

Both incumbents on the Wisconsin Court of Appeals face no opposition in 2018

  • The candidate filing deadline passed for candidates wanting to run for the Wisconsin Court of Appeals. In total, two candidates, Justice Timothy Dugan (District I) and Justice JoAnne Kloppenburg (District IV), filed to run for another term in 2018. Because both justices are unopposed, they will not appear on the February 20 primary election ballot and will instead proceed directly to the April 3 general election.
    • The Wisconsin Court of Appeals is composed of 16 judges from four districts. The judges are selected in nonpartisan elections for six-year terms.
    • The 2018 elections continue a recent trend of incumbents on the Wisconsin Court of Appeals not facing opposition in their bids for re-election. In the 2013, 2016, and 2017 elections, no primary elections were held because only one candidate filed to run in each race on the ballot.

Wednesday, January 3

California state Sen. Tony Mendoza (D) takes leave of absence over sexual misconduct claims

  • California state Sen. Tony Mendoza (D) announced that he is taking a leave of absence from the state Senate while an investigation into sexual misconduct claims against him is ongoing. The absence is paid, and Mendoza said he will return on February 1 or when the investigation concludes, whichever comes first. Mendoza’s announcement came after a closed-door session with Senate Democrats. According to the Los Angeles Times, they were considering expelling Mendoza.
  • Story background:
    • Sexual harassment claims against Mendoza were first reported by the Sacramento Bee on November 9. The Bee reported that Mendoza had invited a female staffer—who was temporarily under his supervision and seeking a full-time job—into his home after a party at a nightclub. The report also said that two Senate aides who reported his behavior to the Senate Rules Committee staff were fired afterward. State Senate officials denied that there was a connection between the firings and the allegations of inappropriate behavior. When asked by the Bee about his behavior with the woman, Mendoza said that he would offer assistance to any person seeking employment in the Senate and that he would never knowingly abuse his power or make a female employee uncomfortable. He has continued to deny or dispute the claims against him since they were originally brought.
    • On January 3, 2018, the Bee reported that Adriana Ruelas, Mendoza's former legislative director, filed a discrimination complaint against Mendoza and the California State Senate. In the complaint, she said that she and two other staffers were fired in retaliation for reporting sexual misconduct against Mendoza.
    • After the Bee reports, the state Senate opened an investigation into Mendoza. On November 27, the Senate Rules Committee voted to strip Mendoza of his chairmanship of the Senate Banking and Financial Institutions Committee and his positions on the state Commission for Economic Development and the California Workforce Development Fund.
    • Two other members of the California State Legislature—Assemblymen Raul Bocanegra (D) and Matt Dababneh (D)—have resigned due to sexual misconduct allegations. Since sexual misconduct allegations against film producer Harvey Weinstein became public in October 2017, there have been 10 resignations from state legislatures related to sexual misconduct and seven at the federal level. Overall, 47 elected officials have faced allegations of misconduct since the Weinstein reports came out.

Minnesota state senate president elevated to lieutenant governor

  • Former Minnesota Lieutenant Governor Tina Smith (D) was sworn into the U.S. Senate on January 3, 2018. Smith’s transition triggered a chain of succession in Minnesota that elevated state Senate President Michelle Fischbach (R) to lieutenant governor. Fischbach has represent District 13 in the state Senate since 1996 and has served as the state senate president since 2017.
  • Fischbach declined to resign from her state Senate seat and stated that she intends to simultaneously hold her state Senate seat and serve as lieutenant governor. According to the Associated Press, Fischbach refused to accept the lieutenant governor’s salary and has not scheduled a time to take the oath of office. In a written statement, Fischbach declared that she was only serving as the state’s acting lieutenant governor and that her priority was to remain in the state Senate.
  • Minnesota Attorney General Lori Swanson (D) previously issued a non-binding advisory opinion on December 21, 2017, stating that it was unlikely that Fischbach could jointly hold her state Senate seat and serve as lieutenant governor. According to the Post Bulletin, Fischbach is waiting for a binding decision from the courts to determine whether or not she must resign from the state Senate.
  • If the courts rule that she must resign from the state legislature, Fishbach stated that she would resign as lieutenant governor in order to run in the special election to fill her state Senate seat.
  • Minnesota is one of 17 states under a divided government. Democrat Mark Dayton holds the governor’s office while Republicans have a narrow 34-32 majority with one vacancy in the state Senate and a 76-57 majority with one vacancy in the state House.

Ted Cruz endorses Patrick Colbeck for governor of Michigan

  • On Wednesday, state Sen. Patrick Colbeck (R) announced that he had received the endorsement of Sen. Ted Cruz (R-TX) in his bid to succeed term-limited Michigan Gov. Rick Snyder (R). Colbeck is one of seven candidates who have so far declared their intention to seek the Republican nomination in the August 7 primary election. Candidates have until April 24 to file for this race.
  • Because the governor is a Republican and the Republican Party controls majorities in both houses of the state Legislature, Michigan is one of 26 Republican trifectas. Similarly, since the governor, attorney general, and secretary of state are all Republicans, Michigan is one of 23 Republican triplexes. This means that Michigan is one of 21 states to be a Republican trifecta and a Republican triplex.

Thursday, January 4

Delegate David Yancey (R) wins random drawing in tied Virginia House District 94 race

  • Delegate David Yancey (R) won a random drawing held by the Virginia State Board of Elections to decide control of a tied race in Virginia House District 94 against Shelly Simonds (D). With both parties having won 49 seats in the November 7 elections, the tie-breaking drawing was to decide which party would hold at least 50 seats in the 100-member chamber in the 2018-2019 legislative session.
  • After the drawing Simonds said that she was not conceding the race. Virginia law may give her the ability to ask for another recount or pursue further legal action. Simonds had a one-vote lead following a recount on December 19, but a previously disqualified ballot was counted for Yancey by a panel of judges on December 20, bringing the election to an even tie. Simonds asked for the judges to reconsider the decision, but her request was denied on January 3.
  • There is another contested race in House District 28, where Robert Thomas Jr. (R) defeated Joshua Cole (D) by 73 votes. House Democrats filed a lawsuit after the Virginia Department of Elections found that 147 voters in and around District 28 cast ballots in the wrong elections. A federal court was set to hold a hearing on that race on January 5. If the Democratic lawsuit is successful, they could possibly ask the court to order a new election for the seat.
  • The Virginia House of Delegates is set to convene on January 10. Although the results in Districts 28 and 94 could still change due to legal challenges or recounts, Republicans will hold a 51-49 or a 50-49 majority on January 10 (it is possible that Yancey will not be immediately seated if Simonds asks for a second recount) and will be able to elect the speaker of House for the 2018-2019 legislative session. Because Republicans control the state Senate by a 21-19 margin, they will retain control of the state legislature. Democrat Ralph Northam was elected as governor in November 2017, meaning Virginia will be one of 16 states under divided government.

Vermont House of Representatives approves marijuana legalization

  • Members of the Vermont House of Representatives voted 81-63 to approve a bill allowing individuals over the age of 21 to legally possess up to one ounce of marijuana and grow marijuana plants in their homes.
  • The Vermont State Senate approved a separate version of the bill last summer. If the two chambers can agree on the new version of the bill, which removed a study commission put in place by the state Senate, the bill will head to Governor Phil Scott’s (R) desk for his signature. If approved, the law will take effect in July 2018.
  • The vote occurred in spite of U.S. Attorney General Jeff Sessions’ decision to roll back the Justice Department’s Obama-era policy to not enforce federal marijuana laws in states where the drug is legal. Instead, Sessions’ decision will allow federal prosecutors to enforce federal marijuana laws in legalized states.
  • According to the Burlington Free Press, Republican state House members attempted to delay a vote on the bill in light of Sessions’ policy change as well as an upcoming due date for a report by the governor’s Marijuana Advisory Commission that will examine public health and safety issues related to marijuana in the state.
  • Gov. Scott vetoed similar marijuana legislation last May in order to strengthen what he considered to be weak penalties for selling marijuana to minors. He created the 13-member advisory commission in September to study the potential impacts of marijuana legalization and form recommendations for a regulated market in the state. In a December interview with Vermont Public Radio, Scott indicated that he would be willing to sign marijuana legislation into law in early 2018.

Initiative banning out-of-state ballot measure campaign contributions becomes second initiative certified for the 2018 ballot in South Dakota; six more pending

  • The South Dakota secretary of state verified that enough submitted signatures were valid and certified Initiated Measure 24. It will be on the ballot in South Dakota on November 6, 2018. The measure would ban individuals, political action committees, and other entities from outside of South Dakota from making contributions to ballot question committees.
  • If the measure is approved, a ballot question committee found to have accepted an out-of-state contribution will be fined an amount equal to 200 percent of the prohibited contribution by the secretary of state. Courts would also be allowed to fine individuals, committees, and entities up to $5,000 per violation, and fine revenues would be deposited in the general fund. Currently, South Dakota state law provides that people and organizations are allowed to make unlimited contributions to ballot question committees. Ballot question committees cannot make contributions to political action committees, political parties, or candidates.
  • Proponents of the measure submitted over 18,000 signatures for verification in early November. At least 13,871 of those signatures needed to be valid in order for the measure to qualify for the 2018 ballot. Signatures were verified using a random sample method and about 81 percent of the 18,000 submitted signatures were found to be valid.
  • Rep. Mark Mickelson (R-13), speaker of the South Dakota House of Representatives, proposed the ballot initiative. Rep. Mickelson was a co-sponsor of a 2017 bill to put limits on out-of-state contributions to ballot question committees. The bill passed the House 50-18, but was tabled before a floor vote in the state Senate.
  • Signatures were submitted for eight 2018 initiatives in South Dakota before the deadline on November 6, 2017. Two of those measures have been certified for the ballot so far. The other six are still awaiting signature verification.
  • In 2016, there were nine citizen-initiated measures—seven initiatives and two veto referendums—on the ballot. Mickelson pointed to 2016 as a year that demonstrated the need for restrictions on out-of-state spending. In 2016, campaign contributions were largest for the Marsy’s Law initiative; an elections, campaign finance, and ethics board initiative—which was repealed by the legislature; a nonpartisan elections initiative; and the two initiatives on payday loans and interest restrictions.

Missouri state senator resigns seat to join the state’s Public Service Commission

  • Missouri state Sen. Ryan Silvey (R) resigned his seat after he was confirmed by the state Senate to the state’s Public Service Commission. Gov. Eric Greitens (R) appointed Silvey to the commission on January 2, 2018. Silvey had served in the state Senate since 2013 and previously served in the state House from 2005 to 2013. Gov. Greitens (R) will call a special election to fill Silvey’s seat.
    • As of January 2018, 38 state legislative special elections had been scheduled in 19 states to fill vacancies. On average, 50 special elections are called in even-numbered years to fill vacancies.
    • Missouri is one of 26 Republican trifectas. With one vacancy, Republican control the state Senate by a 24-9 majority. Republicans control the state House by a 112-46 majority with five vacancies. Gov. Eric Greitens (R) was elected to a four year term in 2016.

Friday, January 5

Florida state Sen. Jack Latvala (R) resigns from office over sexual misconduct claims

  • Former Appropriations Committee Chairman Jack Latvala (R) officially vacated his seat in the Florida State Senate. He first announced that he would do so on December 20, 2017, after two independent reports came out that alleged he had engaged in sexual misconduct and had possibly traded sexual favors for legislative influence. Latvala had also been the subject of an official complaint filed by state Sen. Lauren Book (D), who said that he broke Senate rules in his response to sexual misconduct allegations brought by Republican Senate staffer Rachel Perrin Rogers. Latvala denied all of the allegations against him and also criticized the process through which the complaints were handled.
  • Latvala announced that he was running for governor in August 2017. As of January 5, 2018, he had not ended his campaign despite his resignation from the state Senate. According to the Tampa Bay Times, Latvala has $778,000 in his gubernatorial campaign account. Donors Tampa Electric and Duke Energy have both asked Latvala to return the contributions that they made to his campaign.
  • Story background
    • On November 3, 2017, State Senate President Joe Negron (R) ordered an investigation into claims of sexual harassment against Latvala. The claims came from a Politico report where six women affiliated with the state Capitol said Latvala had either touched them inappropriately or verbally harassed them. Latvala denied the claims and said they were made to harm his 2018 gubernatorial bid. On November 6, Latvala was removed from his position as chairman of the Senate Appropriations Committee by Negron.
    • On November 29, Republican Senate staffer Rachel Perrin Rogers revealed that she had filed a confidential complaint accusing Latvala of sexual harassment and that she was one of the six women interviewed for the Nov. 3 Politico report. On December 4, Florida Politics published an affidavit submitted by former Senate staffer Lily Tysinger on November 30. In the affidavit, she alleged that Perrin Rogers had spread false rumors about her while they worked together and attempted to end the careers of other Senate staffers. Perrin Rogers' attorney, Tiffany R. Cruz, said that the statements were untrue and that Tysinger was a volunteer on Latvala's 2018 gubernatorial campaign. Latvala said he was unaware of Tysinger being a volunteer for his campaign.
    • Also on December 4, state Sen. Wilton Simpson (R), Perrin Rogers' boss and state Senate president designee, said, “Since mid-last week there has been a smear campaign launched against Rachel. It must end immediately," On December 5, Politico reported that state Sen. Travis Hutson (R) called on Latvala to resign. Hutson said his call was based on Latvala's response to the allegations rather than the allegations themselves. Hutson said, "This highly respected and regarded establishment is being burnt to the ground and I feel Senator Latvala is running around with the Napalm and the matches."
    • On December 19, an independent investigation by retired Judge Ronald Swanson suggested that criminal charges could be filed against Latvala for allegedly sexually harassing Perrin Rogers and asking a lobbyist for sexual favors in return for supporting her legislation. The report identified four findings of probable cause that involved seven incidents between 2013 and 2017 where Perrin Rogers was allegedly groped or subjected to inappropriate contact by Latvala. On December 20, another independent report compiled by Gail Golman Holtzman was released. It contained testimony from women who said that Latvala attempted to touch them without their consent in exchange for legislative favors.
    • One other member of the Florida State Senate—state Sen. Jeff Clemens (D)—has resigned due to sexual misconduct allegations. Since sexual misconduct allegations against film producer Harvey Weinstein became public in October 2017, there have been 10 resignations from state legislatures related to sexual misconduct and seven at the federal level. Overall, 47 elected officials have faced allegations of misconduct since the Weinstein reports came out.

Special Elections

As of this week, one state legislative seat has been filled through a special election in 2017, and another 38 special elections have been scheduled in 19 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 9

Local Politics: The Week in Review

Elections Update

Tuesday, January 2

California: Lake Forest city councilman Andrew Hamilton recalled

  • Andrew Hamilton, of the Lake Forest City Council in Orange County, California, was recalled. Residents also voted for a replacement for Hamilton from a pool of five candidates. In that race, Tom Cagley received over 50 percent of the vote.
    • The recall was started by resident Larissa Fellick Clark over Hamilton’s vote for a contract with the Orange County Animal Center and his support of rezoning a plant nursery for the construction of new houses. Clark also told the media that she wanted to break up a three-person voting bloc on the five-person council. Hamilton was elected to the council in 2014. He was targeted for recall in 2016, but the effort did not advance due to insufficient signatures.
    • Voter turnout was less than 15 percent, with 6,591 of 44,121 registered voters participating in the recall election.

Keisha Bottoms sworn in as mayor of Atlanta

  • Keisha Bottoms, formerly a member of the Atlanta City Council, was sworn in as the new mayor of Atlanta, Georgia. She replaced Kasim Reed, a Democrat, who took office in 2010. Bottoms, also a Democrat, defeated City Councilwoman Mary Norwood, an independent, in the runoff election on December 5 by just less than 1 percent of the vote. A recount was conducted on December 14 on Norwood’s request, which confirmed Bottoms’ win. Under Georgia election law, Norwood was eligible to call for a recount because she lost the election by less than 1 percent of the vote. A new council president and seven new city council members were also sworn. Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

New Mayor Jacob Frey, other newcomers sworn in in Minneapolis

  • Jacob Frey (D) was sworn in as the new mayor of Minneapolis. He defeated incumbent Betsy Hodges (D), state Rep. Raymond Dehn (D), former Hennepin Theatre Trust head Tom Hoch (D), former Minneapolis NAACP president Nekima Levy-Pounds (D), and 11 other candidates to win the seat in the November general election.
  • Frey will not be the only new face in Minneapolis' city government in 2018. Minneapolis voters also elected five newcomers to the 13-member city council and six new members to the nine-person park and recreation board.
    • Steve Fletcher (D) claimed the Ward 3 seat on the city council that Frey vacated to run for mayor, and Andrea Jenkins (D) won the race to succeed retiring Ward 8 Councilwoman Elizabeth Glidden (D). Phillipe Cunningham (D), Jeremiah Ellison (D), and Jeremy Schroeder (D) unseated Ward 4 incumbent Barbara Johnson (D), Ward 5 incumbent Blong Yang (D), and Ward 11 incumbent John Quincy (D), respectively.
    • Four members of the park and recreation board - at-large members John Erwin (D) and M. Annie Young (Green), District 2 representative Jon Olson (D), and District 4 representative Anita Tabb (D) - opted against re-election bids in 2017. Londel French (D) and LaTrisha Vetaw (Green) claimed the open at-large seats, Kale Severson (D) won the District 2 seat, and Jono Cowgill (D) won election in District 4.
    • Another two park and recreation board incumbents withdrew from their contests after failing to win the endorsement of the DFL, the state's affiliate of the national Democratic Party. District 1 incumbent Liz Wielinski (D) and District 3 incumbent Scott Vreeland (D) were succeeded by Chris Meyer (D) and AK Hassan (D), respectively. Minneapolis is the largest city in Minnesota and the 46th-largest in the U.S. by population.

Majority of incumbents in Dane and Milwaukee county elections are unchallenged

  • The filing deadline for Wisconsin spring elections passed. Primary elections in Dane and Milwaukee counties are scheduled for February 20, 2018, with the general elections taking place on April 3, 2018. A total of 58 Dane County and Milwaukee County incumbents filed to retain their seats on the county board of supervisors or the county circuit court. Sixty-six seats are scheduled for election, meaning incumbents for 87.9 percent of seats are running for re-election. Of these, 51 incumbents, or 87.9 percent of incumbents, will be unopposed in their re-election bid.
    • In Dane County, the Board of Supervisors will hold elections for Districts 1-37. Of these, 31 incumbents filed for re-election, with only the District 11 incumbent facing challengers. Districts 6 and 11 will hold primary elections after three or more candidates filed for election. In all, 33 supervisor seats are uncontested. Three branches of the Dane County Circuit Court are holding elections in 2018. Two incumbents filed for re-election and are unopposed. The open Branch 1 seat drew two candidates. No primaries will be held.
    • In Milwaukee County, the Board of Supervisors will hold elections for Districts 1-18. Of these, 17 incumbents filed for re-election, with six incumbents facing challengers. District 8 is the only seat to hold a primary election after three candidates filed for election. In all, 11 supervisor seats are uncontested. Eight branches of the Milwaukee County Circuit Court are holding elections in 2018. All eight incumbents filed for re-election and are unopposed. No primaries will be held.
    • In 2014 the Dane County population was 516,284 and the Milwaukee County population was 956,406, according to the United States Census Bureau.

Wednesday, January 3

Corey Johnson elected speaker of New York City Council

  • Manhattan Councilman Corey Johnson (D) was selected by his colleagues as the speaker of the New York City Council by a vote of 48-1. Johnson succeeds Councilwoman Melissa Mark-Viverito (D), who was not eligible to run for re-election to the council in 2017 due to term limits.
  • Although not finalized until the council vote, Johnson's selection has been expected for more than two weeks. The speaker is officially elected by the members of the city council, but the county political parties shape the selection. On December 20, multiple media outlets reported that Johnson had the support of the Bronx and Queens Democratic Parties and was expected to win the speakership.
    • Seven other candidates were competing for the speakership as of December 20. Six conceded to Johnson before January 3, and the seventh, Brooklyn Councilman Jumaane Williams (D), withdrew the day of the vote. A new candidate, Brooklyn Councilwoman Inez Barron (D), entered the race on December 27 and cast the sole non-Johnson ballot for herself. Williams and Staten Island Councilwoman Debi Rose (D) were not present for the vote.
    • Following the news of Johnson's county party support, Barron and Williams, who are both black, expressed frustration that a speaker candidate of color was not selected for the post. Four of the other councilmembers who competed for the speakership - black Brooklyn Councilman Robert Cornegy (D), black Latino Bronx Councilman Ritchie Torres (D), Latino Manhattan Councilman Ydanis Rodriguez (D), and black Queens Councilman Donovan Richards (D) - were also candidates of color. New York City is the 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

Saturday, January 6

South Carolina House District 69 special election filing deadline

  • The filing deadline will pass for District 69 of the South Carolina House of Representatives. The special election is being held to replace Rick Quinn (R), who resigned on December 13, 2017, prior to pleading guilty to misconduct in office. A special primary election will take place on February 27, 2018. If no candidate receives a majority of the votes in either primary, a primary runoff will be held on March 13, 2018. The general election will be held on May 1, 2018.

Washington citizens may begin filing Initiatives to the People for the 2018 ballot

  • The first day Washington citizens may file petitions for Initiatives to the People is this Saturday, January 6, 2018. Filed initiatives would require a total of 259,622 valid signatures to qualify for the 2018 ballot. The last day to submit signatures for Initiatives to the People is July 6, 2018.
  • Citizens of Washington may initiate legislation as either a direct state statute, called Initiative to the People (ITP), or indirect state statute, called Initiative to the Legislature (ITL). An Initiative to the Legislature with enough signatures goes first to the state legislature and then to the ballot only if the legislature does not approve. An Initiative to the People with enough signatures goes directly to the ballot.
  • The deadline for filing initiatives to the legislature was December 29, 2017. Proponents of one initiative to the legislature, Initiative 940, submitted more than 350,000 signatures by that deadline. The measure is designed to create a good faith test for determining when the use of deadly force by police is justifiable. It would also require police to receive de-escalation and mental health training, and provide that police have a duty to render first aid. At least 259,622 signatures (around 74 percent) of the total submitted need to be valid for the indirect initiative to go before the Washington State Legislature and then to the ballot if the legislature does not approve the initiative. None of the other 76 filed initiatives to the legislature submitted signatures and will not be on the 2018 ballot.
  • Sometimes petitioners for Initiatives to the Legislature refile their initiatives as Initiatives to the People; this happened with eight initiatives in 2016. Including the minimum wage initiative, Initiative 1433, which failed to qualify for the ballot as an ITL, but made the ballot as an ITP. For a list of the Initiatives to the Legislature for which signatures were not submitted by the deadline, click here.
  • Washington is one of the few states that features initiatives on the ballot in both even- and odd-numbered years. Last year, however, no initiatives qualified for the ballot; 2017 was the first year since 1985 that no initiatives were certified to appear on the ballot.

Monday, January 8

States convene 2018 legislative sessions

  • State legislatures in Arizona, Georgia, Idaho, Illinois, Iowa, and Kansas begin their 2018 legislative sessions.

Tuesday, January 9

Connecticut House of Representatives to hold special election for District 15

  • The District 15 seat on the Connecticut House of Representatives will be up for special election. The seat became vacant after David Baram (D) was elected as the 3rd District Probate Court judge on November 7. Two Democratic candidates—Bobby Gibson and Joseph Suggs—filed to run in the special election. Gibson was endorsed by the state party, while Suggs made the ballot as a petitioning candidate.
    • The Connecticut House of Representatives currently has 78 Democratic members and 71 Republican members. There are a total of two vacancies. Because no Republican filed to run in the special election, the House is guaranteed to add one more Democratic member.

First candidate filing deadline to pass for California State Assembly District 39 special election

  • The petition filing deadline will pass for candidates running in the California State Assembly District 39 special election. The special election will be held on June 5, and a special primary election will be held on April 3. The seat became vacant following Raul Bocanegra's (D) resignation on November 27. He resigned due to sexual harassment allegations.
    • Bocanegra won the District 39 seat with 60 percent of the vote in 2016. He defeated one-term incumbent Patty Lopez (D) in the general election. Both he and Lopez advanced from the blanket primary after defeating four other Democratic challengers. No Republicans ran for the seat that year.
    • January 9 is the deadline for candidates to file petitions in lieu of paying a filing fee. A total of 536 signatures must be submitted on the petitions in order to waive the entire fee. Candidates may pay a pro rata portion of the filing fee to cover a deficiency in the number of signatures required.
    • Candidates may also file to run in the race by paying a $1,072.42 filing fee. This fee must be paid by February 8. That is also the deadline to file nomination papers and a declaration of candidacy. The filing deadline for write-in candidates is March 20.

New Hampshire House of Representatives to hold special primary election for District Belknap 3

  • A primary election for the position of New Hampshire House of Representatives District Belknap 3 will be held. The general election is scheduled on February 27, 2018. The seat became vacant on September 28, 2017, following the death of incumbent Donald Flanders (R). In the Democratic primary, Philip Spagnuolo is unopposed, and Les Cartier and William Henry Davies will face off in the Republican primary.
    • New Hampshire’s Belknap 3 comprises four seats. The seats are currently occupied by two Republican representatives and one Democratic representative. In 2016, Flanders was re-elected to his position with 14.76 percent of the vote in the general election on November 8 after he and three other Republican candidates advanced from the primary race to face four Democratic candidates in the general.

Georgia General Assembly to hold special elections for two seats

  • The District 17 and District 111 seats on the Georgia General Assembly will be up for special election. The seats were previously held by Rick Jeffares (R) and Brian Strickland (R). Both officials resigned from their positions in order to pursue other elected offices. The race to fill the District 17 seat features one Democratic candidate and two Republicans, and the race to fill the District 111 seat features two Democrats and two Republicans. The Georgia General Assembly currently has 64 Democratic members and 114 Republican members.
    • Jeffares served in the chamber from 2011 to 2017. He was contested in the primary once—when he was first elected in 2010—and he won at least 59 percent of the vote when he ran against Democrats in three contested general elections.
    • Strickland served in the chamber from 2013 to 2017. He was contested in the primary once—when he was first elected in 2012. He won re-election with 53 percent of the vote in 2014 and with 52 percent of the vote in 2016, defeating a Democratic challenger each time.

Oklahoma House of Representatives to hold special primary election

  • The District 51 seat on the Oklahoma House of Representatives will be up for special primary election. The seat was left vacant after Scott Biggs (R) resigned on November 2 after taking a job with the federal government. Charles Murdock is running unopposed in the Democratic primary, while Brad Boles and Dustin Payne are facing off in the Republican primary. The Oklahoma House of Representatives currently has 28 Democratic members and 72 Republican members.
    • Biggs held the District 51 seat from 2012 to 2017. He faced primary opposition once—when he was first elected in 2012—and he was also unchallenged in the general election when he ran for another term in 2014. Biggs won 78 percent of the vote when he ran for re-election in 2016 against Murdock.

Recall scheduled for North Dakota city commission president

  • A recall election is scheduled in North Dakota for Washburn City Commission President Larry Thomas. The Concerned Citizens for the Recall of Washburn President Larry Thomas initiated the recall over allegations that Thomas did not supply sufficient public notice about a 2015 meeting and harassed city employees. Thomas said that the accusations against him are false. To get the recall on the ballot, recall supporters had to gather 99 signatures from city residents by November 6.

Filing deadline to pass for Kentucky House of Representatives District 89 special election

  • The deadline will pass for Democratic, Republican, and independent candidates to file for the District 89 special election in the Kentucky House of Representatives. The election will be held February 27. Write-in candidates must file their declarations of intent to run by February 16. The seat was previously held by Marie Rader (R), who resigned from her position on December 31.

States convene 2018 legislative sessions

  • State legislatures in Delaware, South Carolina, Tennessee, Washington, Alabama, Florida, South Dakota, and New Jersey begin their 2018 legislative sessions.

Wednesday, January 10

Freshman legislators in Virginia to take office

  • Virginia’s 2018 legislative session will begin and is scheduled to last through March 10, 2018. Challengers who won in the November 2017 elections will be sworn-in at that time. Excluding state House districts 94 and 28, there are 16 freshman Democrats and two freshman Republicans being sworn-in.
    • On January 4, Delegate David Yancey (R) won a random drawing for House District 94. Yancey’s opponent, Shelly Simonds (D), did not concede at the time of the drawing and indicated that she may ask for another recount or pursue further legal challenges. Following a recount in House District 28, Republican Robert Thomas Jr. had a lead over Democrat Joshua Cole. A court hearing on the election results was set for January 5.
    • Republicans held a 66-34 majority prior to the 2017 election. After the election, the partisan balance of the chamber was at 49-49 with the two pending seats. Virginia currently operates under divided government. Republicans hold a 21-19 majority in the state Senate. Lieutenant Governor Ralph Northam (D) won in the 2017 gubernatorial election.

States convene 2018 legislative sessions

  • State legislatures in Colorado, Michigan, Maryland, North Carolina, Virginia, and West Virginia begin their 2018 legislative sessions.

Thursday, January 11

Filing deadline to pass for two Minnesota State Legislature special elections

  • The deadline will pass to file for the special elections for the District 54 seat in the Minnesota State Senate and the District 23B seat in the Minnesota House of Representatives. Both special elections will be held February 12, and special primary elections have been called for January 29.
    • The District 54 seat in the state senate became vacant on December 15, following the resignation of Dan Schoen (D). On November 21, 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.
    • The District 23B seat in the state house became vacant on November 30, after Tony Cornish (R) resigned. On November 21, Cornish announced that he would resign from office due to sexual misconduct allegations levied against him by Quade and lobbyist Sarah Walker.
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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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