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The Tap: "Devious machinations by professional political operators"

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April 30, 2016Issue No. 14

The Tap Graphic-750x191px.png

The week in review: April 23 - April 29
What's on Tap next week: April 30 - May 6

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Last Monday, Tom Steyer, an environmental activist and political donor, announced that he and his advocacy group NextGen Climate would spend $25 million or more encouraging young voters to go to the polls. Steyer told reporters, “As I traveled around the country in the 2014 election cycle, I saw that young voters care deeply about climate change, but what they haven’t been is as engaged in the electoral process as older Americans.”

 

Federal

The Week in Review

Sunday, April 24

  • Ted Cruz supporters won at least 65 of the 94 delegate slots decided over the weekend, including 19 of 20 in Maine and 36 of 37 in Utah. Maine Gov. Paul LePage (R), a Trump supporter, condemned the result, accusing one Cruz operative of refusing to vote for a slate of delegates that reflected the results of Maine’s primary, as promised. LePage said in a statement, "Not only are Cruz’s national campaign operatives trying to suppress delegates for Trump and Kasich, but they are also besmirching the efforts of the many good Maine Republicans who are Cruz supporters. They, too, deserve better than these devious machinations by professional political operators from the Republican establishment who are scheming to stifle the voice of Mainer voters."
  • President Barack Obama was in Germany to attend Hannover Messe, “the world’s largest industrial technology trade fair,” with German Chancellor Angela Merkel. They spoke about the benefits of the Transatlantic Trade and Investment Partnership (TTIP), a trade deal with the goal of encouraging global economic development by reducing the cost of exporting goods and encouraging investment between the United States and the European Union. In response to protesters who oppose TTIP, President Obama said, "People naturally are going to worry more about what's lost than what's gained in response to trade agreements. I think what you're seeing around the world is people are unsettled by globalization, although trade has brought enormous benefits to many of our countries that have been engaged in trade. People see a plant moving and jobs lost, and the narrative develops that this is weakening rather than strengthening the positions of workers."
  • According to The New York Times, the U.S. military’s Cyber Command is engaging in computer-network attacks against the Islamic State for the first time. “The goal of the new campaign is to disrupt the ability of the Islamic State to spread its message, attract new adherents, circulate orders from commanders and carry out day-to-day functions, like paying its fighters.” Although military officials did not reveal the details of the campaign, they said that one of the goals of discussing their surveillance and attacks “is to rattle the Islamic State’s commanders, who have begun to realize that sophisticated hacking efforts are manipulating their data. Potential recruits may also be deterred if they come to worry about the security of their communications with the militant group.”

Monday, April 25

  • U.S. Sen. Sherrod Brown (D-Ohio) said on Monday that although it was “flattering” that the media was speculating that he was a contender for Clinton’s vice presidential pick, he was not interested in the role. "I've made it clear I don't really want this job," he said.
  • The Supreme Court agreed to hear Shaw v. United States and Manrique v. United States next term. In Shaw, the court will review what constitutes intent to defraud a bank. In Manrique, the court will consider how criminals appealing convictions can simultaneously appeal restitution orders.
  • The 2nd Circuit reinstated penalties against New England Patriots QB Tom Brady, finding that the NFL commissioner appropriately exercised his authority under the current labor contract. Find out more about the three judges who heard the case: Chief Judge Robert Katzmann, Judge Denny Chin, and Judge Barrington Parker.
  • Using Rule 11, the Washington Redskins asked the Supreme Court to merge their appeal with another case, Lee v. Tam, should the court hear that case; both cases address the constitutionality of trademark law.
  • The Obama administration announced that 250 additional troops will be sent to Syria to assist and advise in the mission to defeat the Islamic State in Iraq and Syria (ISIS). After the announcement, President Obama and the Pentagon responded to critics who suggested that the commitment of additional troops was evidence of mission creep. President Obama said, “As a general rule, their role is not to engage directly with the enemy but rather to work with local forces that is consistent with our overall policy throughout.” Pentagon press secretary Peter Cook added, “These are specific capabilities ... specific needs right now as we talk to our partners. And including our assessment, talking to local leaders on the ground in Syria, these are decisions that we think makes sense to accelerate this campaign and to further enable those local forces. … This is not a question of putting in thousands of American forces to wage this fight. We are looking to others to carry this fight out but to do what we can to support them.”
  • As part of National Reentry Week, a week dedicated to improving the transition that individuals make from the prison system back into society, the U.S. Department of Justice, Department of Housing and Urban Development, and Department of Education announced new programs and initiatives to help individuals with criminal histories gain access to housing and education.
    • U.S. Attorney General Loretta Lynch announced the release of the U.S. Department of Justice’s “Roadmap to Reentry” reform program during an event in Philadelphia. The goal of the program is to have the Bureau of Prisons better prepare inmates for release by providing inmates with better educational opportunities and reentry resources. Lynch also announced that she is asking governors “to allow citizens returning from federal prisons to exchange their federal BOP inmate ID card – and their authenticated release documentation – for a state-issued ID.”
    • The U.S. Department of Education “announced $5.7 million in new grants aimed at improving outcomes for students who have been involved in the criminal justice system” and “released a new toolkit providing guidance to educators and others to support a successful reentry system for formerly incarcerated youth and adults.”
    • The U.S. Department of Housing and Urban Development and the Department of Justice “announced $1.75 million for Public Housing Authorities (PHAs) and nonprofit legal service organizations to address the challenges justice-involved individuals face when trying to find work and a place to call home.” Under the Juvenile Reentry Assistance Program (JRAP), juveniles leaving the criminal justice system will receive assistance finding housing and have access to free legal advice to ease their reentry into society.
  • Donald Trump hired Ken McKay as a senior advisor to his presidential campaign. Earlier in the 2016 election cycle, McKay managed the campaign of New Jersey Gov. Chris Christie, making him the third former campaign manager of a Trump rival to join the front-runner. McKay was hired as part of convention manager Paul Manafort’s effort to secure delegates ahead of July’s Republican National Convention.
  • The Centers for Medicare and Medicaid Services released a final rule on private managed care plans that have contracts with Medicaid to provide services to the program’s enrollees. Under the new rule, these insurers must maintain a medical loss ratio of 85 percent, meaning that 85 cents of every Medicaid dollar they receive must be used for medical care and quality improvement activities. The rule also establishes a system that rates the quality of the various managed care plans and allows states to adopt new reimbursement models such as pay-for-performance. Additionally, Medicaid will now reimburse managed care plans for short inpatient stays of up to 15 days in mental health institutions. Medicaid programs in 39 states contract with managed care plans, and about two-thirds of the total number of Medicaid enrollees nationwide are covered by such plans.

Tuesday, April 26

  • During an interview on CNN on Tuesday, Wolf Blitzer asked Jane Sanders when she planned to release her husband’s past tax returns. Sanders said, "You know, what's interesting is we released the 2014 [tax return]. Hillary Clinton hasn't released a transcript yet." According to CNN, Sanders “confirmed that she'll provide the returns when Clinton publishes her Wall Street transcripts.” Sanders added, "Honestly, Wolf, these are not the issues that are of concern to the American people. I implore you as a leading, wonderful host of a major show, please talk about the issues that concern the American people instead of delegate math and who can win or who can lose."
  • Sen. Pat Toomey (R-Pa.) voted for Ted Cruz in Pennsylvania’s primary election. Toomey said Cruz is “a solid conservative. We don't agree on everything, but having served with him in the Senate, I know Ted pretty well and I think he's got a real, real viable shot of beating Hillary Clinton in the fall."
  • The Supreme Court heard two cases. In Mathis v. United States, the court examined a provision of the Armed Career Criminal Act. In Dietz v. Bouldin, the court considered whether a judge can order jurors back for more service in a case once those jurors have been dismissed and left the courtroom.
  • U.S. Department of Health and Human Services Secretary Sylvia Mathews Burwell “announced $5 million in funding to 20 health centers in Puerto Rico to further combat the Zika virus disease. Health centers will use this funding to expand voluntary family planning services, including contraceptive services, outreach and education, and to hire more staff.” Nearly 500 cases of Zika, the mosquito-borne disease that causes severe birth defects in babies, have been reported in Puerto Rico, and the number is expected to rise this summer.
  • Maryland held its congressional primaries.
    • In the Senate, Rep. Chris Van Hollen easily defeated fellow Rep. Donna Edwards and eight other candidates to win the Democratic nomination. On the other side of the aisle, Kathy Szeliga defeated 13 other candidates to win the Republican primary. Maryland’s Senate race is rated safely Democratic in the general election.
    • There were no surprises in the House. All incumbents seeking re-election won their primaries.
    • In Maryland’s 4th Congressional District, Anthony Brown defeated five candidates to win the Democratic nomination. He will face Republican George McDermott in the general election. This seat, which was left open by incumbent Donna Edwards’ Senate run, is rated safely Democratic in November.
    • In Maryland’s 8th Congressional District, Jamie Raskin defeated eight candidates to win the Democratic nomination in what was the most expensive House primary of the season. This was largely due to candidate David Trone, who spent over $12 million of his own money on the campaign, making him the largest self-funding candidate for U.S. House in history. Raskin will face Republican Dan Cox in the general election. This seat, which was left open by incumbent Chris Van Hollen’s Senate run, is rated safely Democratic in November.

Wednesday, April 27

  • Ted Cruz announced during a rally in Indiana that if he were to receive the Republican nomination, tech executive and former Republican presidential candidate Carly Fiorina would be his running mate. He said, “Carly respects the Constitution and the Bill of Rights … She is someone you can be confident in, if the occasion should arise, to be Commander in Chief and keep this country safe.” After Cruz introduced her, Fiorina said of the presidential election, “There is a lot at stake, and in fact, this is a fight, this is a fight for the soul of our party and the future of our nation.”
  • Former Speaker of the House John Boehner (R) called Ted Cruz “Lucifer in the flesh” during an event at Stanford University. He continued, “I have Democrat friends and Republican friends. I get along with almost everyone, but I have never worked with a more miserable son of a b**** in my life.” Cruz responded on Thursday, saying, “The interesting thing is I’ve never worked with John Boehner, I don’t know the man. Indeed, during the government shutdown, I reached out to John Boehner, to work with him to get something meaningful done, he said, ‘I have no interest in talking to you.’”
  • On Wednesday, the U.S. Supreme Court heard the final scheduled oral argument for this term in McDonnell v. United States. The court considered whether “official action” is limited to the actual exercise, the threatened exercise, pressuring others to exercise governmental power, or some combination of the three for the purposes of prosecution under federal bribery and fraud statutes and, if “official action” is not limited in this manner, whether the statutes under review are unconstitutional. The case came on a writ of certiorari to the United States Court of Appeals for the 4th Circuit. The petitioner in this case is former Governor of Virginia Bob McDonnell, who, along with his wife, was found guilty in 2014 of conspiring to take cash and gifts from the owner of Star Scientific in exchange for promoting a dietary supplement.
  • The U.S. Environmental Protection Agency (EPA) moved forward with a state incentive program related to the Clean Power Plan, despite the Supreme Court’s temporary stay on the Clean Power Plan’s official implementation. The voluntary program, known as the Clean Energy Incentive Program, would give states credit toward their CO2 emissions reductions under the Clean Power Plan. States would devote funds to renewable energy programs and energy-efficiency measures in low-income communities. The program is meant to allow states that are supportive of the Clean Power Plan to prepare for the plan’s mandatory emissions reductions should the plan be fully implemented.
  • The Department of Health and Human Services issued a proposed rule to implement certain provisions of the Medicare Access and CHIP Reauthorization Act of 2015. According to a press release from the department, the rule would institute the Quality Payment Program, which would “help clinicians transition from payments based on volume to payments based on value” by using the Merit-based Incentive Payment System (MIPS) or Advanced Alternative Payment Models (APMs). “MIPS allows Medicare clinicians to be paid for providing high value care through success in four performance categories: Quality, Advancing Care Information, Clinical Practice Improvement Activities, and Cost.” Clinicians who choose to participate in “Advanced Alternative Payment Models – would be exempt from MIPS reporting requirements and qualify for financial bonuses.” HHS is accepting comments on the proposed rule until June 27, 2016.
  • Four Senate Republicans joined 46 Democrats to block an amendment proposed by Sen. Tom Cotton (R-Ark.) that would have prevented the Obama administration from buying more heavy water from Iran as part of the nuclear deal. The vote prevented the Senate from advancing on HR 2028 - the Energy and Water Development and Related Agencies Appropriations Act, 2016.
    • The Senate blocked the amendment again on Thursday.

Thursday, April 28

  • U.S. Rep. Jeff Miller (R-Fla.) endorsed Donald Trump. He said in a statement, “Donald Trump is the only person who has what it takes to shake up the status quo and entrenched bureaucrats in Washington D.C. I am more and more convinced that he has the ability to reach in and right the wrongs in the Department of Veterans Affairs once and for all.”
  • U.S. Rep. Bill Shuster (R-Pa.) also endorsed Trump, saying, “It’s time for our party to unite behind Donald Trump and focus our time and energy on defeating Hillary Clinton.” Earlier this week, Shuster was elected in Pennsylvania to represent his district as a delegate to the Republican National Convention.
  • Jeff Weaver, campaign manager for Bernie Sanders, announced that the campaign would lay off more than 200 workers. The campaign said that the layoffs were due to the nature of the campaign itself, as fewer would be needed with fewer states remaining in the primary election. Weaver told CNN, “The calendar is coming closer to the end and there are not that many states going forward ... it's the natural evolution of every campaign.”
  • The House Armed Services Committee passed the annual National Defense Authorization Act by a vote of 60-2. The bill authorizes $610 billion in defense spending. During the bill’s markup, Rep. Duncan Hunter (R-Calif.) proposed adding an amendment to the bill requiring women to register for the draft. According to The Hill, Hunter, who opposes mandatory registration for women, “proposed the amendment in order to force debate on the issue, not to actually pass it. However, the committee adopted the measure 32-30.”

Friday, April 29

  • Gov. Mike Pence (R-Ind.) endorsed Ted Cruz. During a radio interview Pence said, “I see Ted Cruz as a principled conservative who has dedicated his career to advocating the Reagan agenda.” He continued that he will work his “heart out” to help whoever the eventual nominee is.

 

SCOTUS is IN session

The Supreme Court holds a non-argument session on May 2.

Congress is NOT in session

Congress will not be in session next week. The U.S. Senate will return to session on Monday, May 9, 2016. The U.S. House will return to session on Tuesday, May 10, 2016.

The Senate passed three amendments this week, and the House passed 20 bills.

Tuesday, April 26

  • The House passed HR 4820 - the Combating Terrorist Recruitment Act of 2016 by a vote of 322-79. HR 4820 proposes directing the Department of Homeland Security (DHS) to use the testimonies of former or estranged extremists to combat and educate the public about terrorist recruitment strategies.
  • The House passed HR 4096 - the Investor Clarity and Bank Parity Act by a vote of 395-3. HR 4096 proposes permitting “a hedge fund or private equity fund to share the same name, or a variation of the same name, as a banking entity that is an investment advisor to the hedge fund or private equity fund,” subject to certain restrictions.
  • The following bills were passed by voice vote in the House: H.R.1493 - the Protect and Preserve International Cultural Property Act; H.R.1684 - the Foreign Spill Protection Act of 2016; H.R.223 - the Great Lakes Restoration Initiative Act of 2016; H.R.2615 - the Virgin Islands of the United States Centennial Commission Act; H.R.2908 - the National Bison Legacy Act; H.R.3583 - the PREPARE Act; H.R.4359 - the Administrative Leave Reform Act; H.R.4360 - the Official Personnel File Enhancement Act; H.R.4698 - the Securing Aviation from Foreign Entry Points and Guarding Airports Through Enhanced Security Act of 2016; and S.1523 - A bill to amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other purposes.

Wednesday, April 27

  • The House Passed HR 4923 - the American Manufacturing Competitiveness Act of 2016 by a vote of 415-2. HR 4923 proposes letting U.S. companies ask the International Trade Commission to lower or suspend tariffs on materials that they use in their products, as long as those materials are not available in the U.S.
  • The House passed HR 699 - the Email Privacy Act by a vote of 419-0. HR 699 proposes requiring the government to obtain a warrant before asking communications service providers for customers’ electronic information. The bill would update the Electronic Communications Privacy Act of 1986, which allows the government to obtain electronic information and communications after 180 days without a warrant.
  • The House passed HR 4498 - the HALOS Act by a vote of 325-89. HR 4498 proposes requiring the Securities and Exchange Commission to amend Regulation D of its rules (17 C.F.R. 230.500 et seq.), with respect to presentations and communications. The bill would allow start-up companies to present their ideas to angel investors and businesses without penalty.
  • The House passed S 1890 - the Defend Trade Secrets Act of 2016 by a vote of 410-2. The bill proposes allowing companies whose trade secrets have been stolen to sue in federal court for damages. It passed the Senate on April 4, 2016, by a vote of 87-0. The White House supports the legislation, and President Barack Obama is expected to sign it into law.
  • The following bill was passed by voice vote in the House; HR 4240 - the No Fly for Foreign Fighters Act.

Thursday, April 28

  • The House passed HR 5019 - the Fair Access to Investment Research Act of 2016 by a vote of 411-6. The bill proposes directing “the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities.”
  • The House passed HJ Res 88 - Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" by a vote of 234-183. The resolution proposes preventing the Department of Labor from implementing a rule that requires retirement investment advisors to put their customer’s interests first when providing advice.
  • Thursday, the House passed HR 2901 - the Flood Insurance Market Parity and Modernization Act by a vote of 419-0. The bill proposes expanding flood insurance options for consumers.

What’s On Tap Next Week

Sunday, May 1

  • National Small Business Week runs May 1-7 and “recognizes the critical contributions of America’s entrepreneurs and small business owners.”
  • Puerto Rico will likely default on some or all of its $422 million debt payment. Congress has yet to pass legislation to restructure Puerto Rico’s debt. If it does default, the island will face an accelerated timeline to pay back the bonds in full.

Tuesday, May 3

  • Democratic and Republican primaries will take place in Indiana on May 3. On the Democratic side, 83 pledged delegates are up for grabs. Polling from mid-April showed Hillary Clinton with a lead over Bernie Sanders ranging from three to five points. For the Republicans, 57 pledged delegates are at stake. Donald Trump leads Ted Cruz in the polls by five to eight points. In the Republican primary, Indiana is a winner-take-all state, meaning the candidate who receives a plurality of the vote wins all of the state's delegates.

Wednesday, May 4

 

Where was the president last week? Federal judiciary
President Barack Obama spent the early part of the week in Germany. While there, he met with foreign leaders, including German Chancellor Angela Merkel, French President Francois Hollande, British Prime Minister David Cameron, and Italian Prime Minister Matteo Renzi.  
  • 87 total federal judicial vacancies including one Supreme Court vacancy
  • 67 pending nominations
  • 13 future vacancies

Back to top for State, Local, and fact checks updates

State and Local

Highlights

State

  • On Tuesday, the Alabama House of Representatives passed a resolution that requires 21 legislators to sign impeachment articles in order for the Judiciary Committee to begin an investigation. The resolution comes amid ongoing controversy over Governor Robert Bentley's (R) alleged misuse of state funds in order to conduct an illicit affair with one of his senior aides, who has since resigned. Eleven legislators have signed impeachment articles against Bentley, which were brought by State Rep. Ed Henry (R) on April 5. Supporters of the resolution claim it will lend legitimacy to the impeachment effort, while detractors have called it a blatant effort to prevent the impeachment articles against Bentley from moving forward. The State Ethics Commission is also currently investigating the allegations against Bentley.

Local

  • On Monday, the city of Cleveland, Ohio, reached a $6 million settlement with the family of Tamir Rice. The city agreed to pay to settle a civil suit brought by Rice’s family after the 12-year-old African American boy was fatally shot by a white cop while holding a pellet gun in 2014. The city, which throughout the case never admitted wrongdoing, will pay the family $3 million both this year and next year. The Rice shooting was one of several to make national headlines in 2014. Cleveland is Ohio’s second-largest city.
 

State

The Week in Review

Monday, April 25

  • The Alabama State Parks Fund, Amendment 2 was approved by the Alabama Legislature to appear on the November 8 ballot. From 2011 to 2015, the Alabama Legislature reallocated $15 million from the state parks budget to the general fund, causing five state parks to close and other parks to limit their services and hours of operation. All park reserve funds were exhausted, as well. After negative public reaction to five parks closing in 2015 and intensified lobbying efforts by Alabama State Parks Partners, the legislature proposed this amendment to ensure that future state park funds would not be allocated to other uses. About 86.5 percent of the state parks budget comes from guest fees, with about $7.6 million of the $37 million annual budget coming from taxes. Ballotpedia is tracking 82 statewide measures that are certified for the ballot in 2016, most of which will be decided during the November election.
  • Both chambers of the Oklahoma State Legislature passed legislation that would make it a felony for doctors to perform abortions. The bill would amend the state’s description of “unprofessional conduct” by a doctor, and add performing abortions to it. If found guilty of having performed an abortion, a doctor would lose his or her medical license and would be charged with a felony, which has a minimum sentence of one year in prison. The bill would only allow abortions necessary to save the life of the mother. The state House sent SB 1552 to the state Senate for final approval. The Senate passed the bill in March, but since the House amended the bill, the state Senate must accept the changes before it can move on to Gov. Mary Fallin (R). It is unclear if Fallin will sign the bill, but she has signed anti-choice legislation in the past. Since Roe v. Wade and most recently in Planned Parenthood v. Casey, the U.S. Supreme Court has upheld a woman's right to choose. Amanda Allen, senior state legislative counsel at the Center for Reproductive Rights, said in a statement about SB 1552 that “The Center for Reproductive Rights is closely watching this bill and we strongly urge Governor Fallin to reject this cruel and unconstitutional ban.” In the past, similar abortion restrictions or outright bans have been ruled unconstitutional by the courts because of the ruling in Roe v. Wade.

Tuesday, April 26

  • A federal jury acquitted Washington Auditor Troy Kelley (D) of one of the 15 charges against him and deadlocked on the other 14 charges. First elected in 2012, Kelley was indicted in April 2015 on charges that included possession of stolen property, false declaration, and attempted obstruction of civil lawsuit related to his tenure as owner of Post Closing Department. Prosecutors have yet to announce whether or not they intend to retry their case against Kelley for the 14 counts on which the jury deadlocked. Kelley has said he will not run for re-election in 2016. Washington is currently under a divided government.
  • The Michigan House of Representatives approved a bill 72-36 that would increase education funding by $16.1 billion. K-12 schools, community colleges, and universities would all see a boost in funding under the plan. The bill raises the per-pupil allocation for K-12 education by a range of $60 to $120. Community colleges would receive a 3.7 percent increase in funding, while universities would receive a 3.4 percent increase. The bill also contains provisions eliminating the state assessment, M-Step, and funding that covers SAT fees for students. It would also provide $1 million to private schools “to help offset the cost of complying with state mandates” and earmark $72 million from tobacco settlement funds for Detroit Public Schools, which have faced teacher sick-outs and protests this year over school conditions. The state Senate is considering its own version of a school funding bill, which is expected to see a vote sometime this week.
  • Pennsylvania primary election:
    • State executives: In the race to replace embattled incumbent Attorney General Kathleen Kane (D), Montgomery County Commissioner Josh Shapiro (D) and State Senator John Rafferty (R) won their parties' primaries and will compete for the attorney general seat in November. Candidates for state auditor and treasurer were all unopposed and will automatically progress to the general election.
    • State legislature: In the 228 seats up for election, there were just 30 districts with Democratic primaries and 21 districts with Republican primaries. Of the 29 incumbents facing primary opposition, four were defeated, all Democratic representatives. Fourteen incumbents have been defeated in the six state legislative primaries held so far. Moving on to the general election, 57.0 percent of districts feature an unchallenged candidate. The national average currently stands at 44.8 percent of districts without major party opposition in the general election. Republicans control the Senate by 12 seats and the House by 35 seats.

Wednesday, April 27

  • The Maine Legalize Marijuana Initiative has been cleared to appear on the ballot in November. The initiative petition was initially disqualified for not having enough valid signatures, but the support campaign filed a lawsuit to appeal the decision on March 10, 2016. Superior Court Justice Michaela Murphy overturned the secretary of state’s decision on April 8, 2016, and ordered a second review of the signatures. Secretary of State Matthew Dunlap announced that the second review resulted in enough valid signatures to qualify the measure for ballot. Ballotpedia is tracking 82 statewide measures that are certified for the ballot in 2016, most of which will be decided during the November election.
    • In a related case, an appeal to get the Maine Casino or Slot Machine Initiative on the ballot was withdrawn on April 19, 2016. This measure had also been disqualified for lacking sufficient valid signatures, which resulted in a similar lawsuit. Justice Murphy upheld the secretary of state’s decision in this case, however, and with the appeal of her decision withdrawn, the casino measure will not appear on the ballot in November.
  • Missouri Governor Jay Nixon (D) signed a budget bill for the state’s higher education institutions. The bill provides for an increase of $71.3 million for 2016-2017 operating funds for Missouri’s colleges and universities. That amounts to about a 4 percent increase for each institution. The budget also includes $3.6 million for schools that meet certain performance targets and about $7 million for various scholarships. In return for an increase of funding, colleges and universities in the state agreed to freeze tuition at current levels for the next year. According to the College Board, average tuition in Missouri for the 2015-2016 school year amounted to $3,194 at two-year colleges and $8,564 at four-year colleges. Missouri is one of 20 states under divided government.
  • Members of the group the Committee to Ban Fracking in Michigan filed an ethics complaint against Norm Shinkle, the vice chairman of the Michigan State Board of Canvassers. The board met on Monday to vote on a measure that would have made it easier for groups to prove the signatures collected to get a proposed measure on the ballot are valid. The board adjourned after not having the necessary quorum to meet. During the adjournment, Shinkle left the meeting, thus delaying the vote over whether to change this ballot measure rule. Shinkle stated that he left to meet a client, while a member of the Committee to Ban Fracking, LuAnne Kozma, alleges that Shinkle left the meeting to prevent the vote from occurring. Signatures collected to get a proposed ballot measure on the ballot are assumed to be invalid after 180 days in Michigan. After that point, the signatures have to be proved valid by local clerks. Two groups, the Committee to Ban Fracking in Michigan and MI Legalize, which is working on a ballot measure that would decriminalize marijuana, are working with the state board to "modernize" the process initiative proponents can use to prove that signatures are valid once they are more than 180 days old.

Friday, April 29

  • The Iowa General Assembly adjourned its regular session. Lawmakers are not required by law to adjourn by a certain day, but the per diem in even-numbered years only lasts for the first 100 days of a regular session. Per diem expenses ran out for legislators on April 20. Iowa is one of 20 states under divided government. Republicans currently control the governor’s office and the House by 14 seats. Democrats control the Senate by two seats. Both chambers have been included in Ballotpedia’s 20 battleground chambers to watch in 2016.
  • Former Colorado State Representative Jon Keyser (R) has won his legal challenge and will appear on the ballot for the U.S. Senate primary election. District Court Judge Elizabeth Starrs issued a ruling that found that Keyser’s campaign complied with state law and ordered Keyser back on the ballot. Keyser’s campaign sued Secretary of State Wayne Williams (R) over the state’s rejection of 186 signatures in the 3rd Congressional District. According to state officials, Keyser was 86 signatures short of the petition requirement of 1,500 in the district. The 186 signatures were rejected because Tyler Gonzalez, the campaign aide who collected the signatures, had a different address on his voter registration than where he currently lives because of a recent move. Judge Starrs found that the difference in the aid’s address was too minor to keep Keyser off the ballot. Keyser resigned from his position as a state representative in order to run this Senate campaign. Both chambers of the Colorado General Assembly have been included in Ballotpedia’s 20 battleground chambers to watch in 2016.

 

What’s On Tap Next Week

Saturday, April 30

Tuesday, May 3

  • Sheldon Silver (D), the former speaker of the New York State Assembly, is scheduled to be sentenced for his $4 million kickback scheme. On November 30, 2015, Silver was found guilty on all seven counts of honest services fraud, extortion, and money laundering. Silver used his position as Assembly speaker to take bribes and kickbacks from two real estate developers and a cancer researcher in exchange for political favors. Federal sentencing guidelines suggest a sentence of about 22 to 27 years. If sentenced to more than 14 years, Silver will be sentenced to the longest federal prison term of any state legislator convicted of corruption. Last year, former New York Assemblyman William Boyland (D) was sentenced to 14 years in federal prison.
  • Primary election: Indiana
    • State executives: Four offices are up for election in November, including the governorship. Incumbent Governor Mike Pence (R) and attorney John Gregg (D) are both unopposed in their parties' primaries and will automatically advance to the general election. The two major parties conduct state conventions to nominate candidates for lieutenant governor, attorney general, and superintendent of public instruction, who are not publicly chosen in the primary contest. Candidate nominations for these offices must be filed by the parties before July 15, 2016.
    • State legislature: There are 25 state Senate districts and 100 state House districts up for election. Fourteen districts will hold a Democratic primary and 28 districts will see Republicans facing off. Just 17 incumbents (15.7 percent) are up against a primary opponent. Both chambers are held by solid Republican majorities.

Wednesday, May 4

Thursday, May 5

Friday, May 6

  • Filing deadline: Mississippi
    • State judiciary: Four Mississippi Supreme Court seats and four Mississippi Court of Appeals seats are up for election in 2016. Mississippi conducts nonpartisan judicial elections and will not hold legislative elections in 2016, as it holds them in odd-numbered years.

 

State government in session

Twenty-two states are in regular session; California is in special session. AK, AL, AR, AZ, CA, CO, CT, HI, IA, KS, LA, MA, MI, MN, MO, NH, NC, OH, OK, RI, SC, VT. Five states are in recess:

  • NJ and PA until 5/2/2016
  • DE, IL, and NY until 5/3/2016

Adjourned regular sessions:

  • FL, GA, ID, IN, KY, MD, ME, MS, NE, NM, OR, SD, TN, UT, VA, WA, WI, WV, WY.

All states whose initials appear in red or blue in the above list have unified Republican or Democratic Party control across the state house, the state senate, and the office of the governor. Ballotpedia identifies these as “trifectas.” There are seven Democratic and 23 Republican trifectas.

State government special elections

As of this week, 32 seats have been filled through legislative special elections in 2016. Six involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), and two from Democratic to Republican (Texas, HD 118; and Minnesota, HD 50B). Another 11 (not including runoff elections) have been scheduled in 18 states. An average of 37 special elections were held in each of the past three even years (2010, 2012, and 2014).

This week

Next week

Local

The Week in Review

Tuesday, April 26

  • The mayor’s office and all 15 seats on the Baltimore City Council in Maryland were up for primary election. The mayoral race became a contentious battle after Mayor Stephanie Rawlings-Blake (D) announced she would not seek re-election, with 13 Democrats and five Republicans campaigning in the primary. Baltimore's last Republican mayor was elected in 1963, indicating that the winner of the Democratic primary will be the heavy favorite to win the general election on November 8, 2016.
    • State Sen. Catherine Pugh, the polling front-runner, won the Democratic primary for mayor with 36 percent of the vote. Former Baltimore Mayor Sheila Dixon came in second with 34 percent of the vote. Dixon served from 2007 to her resignation in 2010 as part of a plea agreement following a misdemeanor conviction on one count of fraudulent misappropriation.
    • Baltimore is the largest city in Maryland and the 26th-largest city in the United States.
  • Nine of the largest school districts by enrollment in Maryland held school board primary elections. This included the state’s two largest school districts, Montgomery County Public Schools and Prince George's County Public Schools. The general election for these districts will be on November 8, 2016. In 2016, Ballotpedia is covering 642 school board elections across America's 1,000 largest school districts by student enrollment.
    • The elections for the Howard County Board of Education saw two incumbents defeated by challengers. Both Ann DeLacy and Ellen Giles were members of a majority that supported contract renewal for the superintendent amidst concerns about district transparency. Only incumbent Janet Siddiqui advanced to the general election on November 8, 2016.
  • Maryland held primary elections for 17 county circuit court judgeships across Allegany, Anne Arundel, Garrett, Prince George's, and Washington counties, as well as in the city of Baltimore. Challengers defeated incumbents in three of these races. Another nine judgeships up for election did not appear on the primary ballot, since the incumbents are running unopposed for re-election in Baltimore, Frederick, Harford, Howard, Montgomery, and Talbot counties. In Maryland, local judicial candidates run in partisan primary elections where each candidate files for both the Democratic and Republican primaries. In the general election, however, candidates run with no party affiliation listed on the ballot. The general election for these judgeships will be on November 8, 2016. In 2016, Ballotpedia is covering local judicial elections in 39 states across the United States.

Wednesday, April 27

  • New York City Mayor Bill de Blasio (D)’s chief legal counsel confirmed that subpoenas were sent by both the Southern District U.S. Attorney’s Office and the Manhattan District Attorney amid probes of de Blasio’s fundraising activities. Investigators are trying to determine whether donors to de Blasio’s campaign or the nonprofit Campaign for One New York received favors in exchange for their donations. De Blasio raised money to try and help Democrats regain control of the New York State Senate in 2014. Republicans held a coalition majority heading into the election and emerged on the other side with an outright numerical majority. De Blasio will be up for re-election in 2017.
  • The ride-sharing service Uber announced that it plans to cease operations in Houston, Texas, unless the city council votes to repeal a regulation that requires fingerprint-based background checks for drivers. Uber made a similar move in Galveston and Midland in February 2016, and has threatened to also leave Austin over the background checks. This is not a recent trend, as Uber regulations and a threat by the company to leave played a role in San Antonio’s 2015 mayoral race. Houston is the fourth-largest city in the United States and the largest in Texas.
  • The Anaheim City Council voted to table a resolution denouncing remarks made by Donald Trump (R). After five hours of public comment by 76 speakers, the resolution to "reject and condemn the divisive rhetoric of presidential candidate Donald Trump" was put on hold. An altercation in front of city hall took place between Trump detractors and supporters, with one detractor pepper spraying five individuals, including two children. Trump won all five Republican presidential primaries on the night before the council meeting.
  • A judge in York County, Pennsylvania, pleaded no contest to assaulting four women who appeared in his courtroom. Jeff Joy, who was elected in 2011, was charged in August 2015 with oppression, indecent assault, and harassment. Three women each accused Joy of visiting their home, with one claiming that he groped her. Joy was also accused of making sexual remarks toward a fourth woman in the courtroom. As a result of his plea, Joy was ordered to resign from the court and never again serve as a judge, in addition to performing 100 hours of community service and serving two years of probation.
  • FILING DEADLINE: Deadline passed to run for eight school board seats across four of New York’s largest school districts. Those districts are New Rochelle, Newburgh Enlarged City, Schenectady City, and Utica City. The general election for these districts will be on May 17, 2016.

 

What’s On Tap Next Week

Tuesday, May 3

  • The mayor’s office and three seats on the Chesapeake City Council will be up for general election. Incumbent Alan Krasnoff is running unopposed in the mayoral race. He was first elected to the position in 2008. All three city council incumbents are also running for re-election, with three other challengers vying for the at-large seats. Two of those challengers have previous experience serving on the council, however, so only one of the six candidates has never served on the council before. The Chesapeake City Council has eight total members. It is the 92nd-largest city in the United States by population and the third-largest in Virginia.
  • The mayor’s office and two super ward seats on the Norfolk City Council will be up for general election. Major issues in this race are funding for public education and the city police, in addition to government accountability. Although the school board will be elected by voters rather than appointed by the city council starting this year, the city still has final control over the school board’s budget. The mayor of Norfolk serves two-year terms, while city council members all serve four-year terms.
    • Paul Fraim, who has served as mayor for 22 years, will not be seeking re-election. The open seat attracted three candidates, who all have previous elected experience—State Sen. Kenny Alexander (D-5), Norfolk Sheriff Robert McCabe, and City Councilman Andrew Protogyrou. Protogyrou was forced to resign from his seat on the council two years before the end of his term in order to seek the seat.
  • One of the largest school districts by enrollment in New York, Buffalo Public Schools, will hold a general election. Although most school districts in the state will hold elections on May 17, five districts collectively known as the “Big 5” do not follow the same election rules. Six of the board’s nine seats will be up for election. Of the top 1,000 school districts by enrollment, the state of New York is home to 19 of them.
  • Four of the largest school districts by enrollment in Virginia will hold general elections. Three of those districts are among the top 10 by enrollment—Chesapeake, Norfolk, and Newport News. Hampton City, the state’s 14th-largest school district, is the other to hold an election. The Norfolk Public Schools election is a historic one; it is the first time voters will elect a school board in decades. The board had been appointed by the city council for the previous 60 years.
  • Indiana will hold primary elections for 15 superior and circuit court judgeships across the state. Incumbents will face a challenger in three of those primaries, while the other 12 elections will be held for open seats. In total, 52 seats will be up for election in 2016—46 partisan contested races and six nonpartisan retention races. The general election will take place on November 8, 2016.
  • Voters in five California cities will decide on local ballot measures. The cities of Marin, San Mateo, Santa Clara, Santa Cruz, and Tulare all have at least one measure on the ballot. Voters in San Mateo will have the most to vote on, as their ballot will feature three measures. So far in 2016, there have been six approved and seven defeated local ballot measures across the state.
  • Voters in Glacier County, Montana, will decide the fate of Treasurer Mary Ann Boggs in a recall election. Boggs was targeted for recall over allegations that she failed to prepare important reports and documents in a timely manner. Additional claims were made that she violated the Freedom of Information Act. Boggs was elected to her position in November 2014.
  • Covert Public Schools Board of Education member Diana Parrigin will face a recall election. The recall was a response to Parrigin pleading no contest to a charge of marijuana possession following a March 2015 arrest. She refused to resign from either her position as president of the board or the body altogether. Valerie Bury, a former board member and leader of the recall effort, will face Parrigin in the election.

Thursday, May 5

  • Montana’s only school district in the nation’s top 1,000 by enrollment will hold a general election. Three of the nine seats on the Billings Public Schools school board are up for election to a three-year term. All three seats feature races with only one candidate, but only two of the three are incumbents seeking re-election. The district’s enrollment for the 2013-2014 school year was 11,244.

Friday, May 6

  • FILING DEADLINE: Deadline to run for five city council seats in Austin, Texas. The general election for these seats will be on November 8, 2016. Although all 10 seats were up for election in 2014 due to a redistricting referendum, five seats are up this year in order to create staggered elections going forward. The five council members elected this year will serve four-year terms.
  • FILING DEADLINE: Deadline to run for 10 school board seats across five of Mississippi's largest school districts. The general election for these districts will be on November 8, 2016.

 

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