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The Tap: A Busy Week for SCOTUS

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June 18, 2016Issue No. 21

The Tap Graphic-750x191px.png

The week in review: June 11 - June 17
What's on Tap next week: June 18 - June 24

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

The U.S. Supreme Court kicked off its busy season, wrapping up its lingering cases over the final three weeks of this term. Most notably, SCOTUS unanimously rejected judgments of U.S. Courts of Appeals in five out of six opinions handed down this week. In the sixth opinion, a 5-4 majority affirmed (and still sent the case back). Have you been keeping score at home? Of the 56 opinions issued this term, half have been unanimous. As of June 16, SCOTUS has affirmed the judgment of a case on appeal 25 times, and has either reversed, vacated, sent a case back (remanded), and/or dismissed an appeal in some fashion 39 times. Since Justice Kagan joined the court in 2010, the court has affirmed the judgments of lower courts in 28%-37% of cases during any given term (October-June). The court has 13 outstanding opinions in argued cases remaining this term.

 

Federal

The Week in Review

Saturday, June 11

  • Rev. Jesse Jackson endorsed Hillary Clinton, saying, “We trust her to work on health care, to fight for the poor. We trust her to fight in the defense of children.” Commenting on the Democratic primary, he added, “The campaign is technically over, but the crusade is not. I support Hillary’s campaign and Bernie’s crusade, and they are reconcilable."

Sunday, June 12

  • Following the deadliest mass shooting in American history at a gay nightclub in Orlando, Florida, early Sunday morning, the presidential candidates reacted by releasing statements and adjusting their campaign schedules to address what President Barack Obama described as “an act of terrorism and an act of hate.”
  • Donald Trump initially tweeted, “Appreciate the congrats for being right on radical Islamic terrorism, I don't want congrats, I want toughness & vigilance. We must be smart!” Referencing his proposal to temporarily ban all Muslims from entering the U.S., Trump wrote in another tweet, “What has happened in Orlando is just the beginning. Our leadership is weak and ineffective. I called it and asked for the ban. Must be tough.”
  • Trump later released a formal statement offering condolences to the victims’ families and condemning how Obama has addressed terrorism: “In his remarks today, President Obama disgracefully refused to even say the words 'Radical Islam'. For that reason alone, he should step down. If Hillary Clinton, after this attack, still cannot say the two words 'Radical Islam' she should get out of this race for the Presidency. If we do not get tough and smart real fast, we are not going to have a country anymore.”
  • Hillary Clinton initially tweeted her sympathies before releasing a statement. She said, “I join Americans in praying for the victims of the attack in Orlando, their families and the first responders who did everything they could to save lives. This was an act of terror. Law enforcement and intelligence agencies are hard at work, and we will learn more in the hours and days ahead. For now, we can say for certain that we need to redouble our efforts to defend our country from threats at home and abroad. That means defeating international terror groups, working with allies and partners to go after them wherever they are, countering their attempts to recruit people here and everywhere, and hardening our defenses at home. It also means refusing to be intimidated and staying true to our values.”
  • Bernie Sanders released the following statement: “All Americans are horrified, disgusted and saddened by the horrific atrocity in Orlando. At this point we do not know whether this was an act of terrorism, a terrible hate crime against gay people or the act of a very sick person, but we extend our heartfelt condolences to the victims’ families and loved ones and our thoughts are with the injured and the entire Orlando LGBTQ community.”
  • WikiLeaks founder Julian Assange said the organization planned to release more emails related to the ongoing investigation of Hillary Clinton’s private server. Assange told Robert Peston, “We have emails related to Hillary Clinton which are pending publication. … The emails we revealed about her involvement in Libya, and statements by Pentagon generals, show that Hillary was overriding the Pentagon’s reluctance to overthrow Muammar Gaddafi.”

Monday, June 13

  • Donald Trump delivered a speech in New Hampshire addressing national security concerns, Hillary Clinton’s response to terrorism, and the Orlando mass shooting. Trump presented changes to immigration law as a critical element of his anti-terrorism policy.
  • In an interview, Hillary Clinton declined to use the words “radical Islam” to describe the Orlando mass shooting and responded to Donald Trump’s criticism that she should leave the presidential race because she refused to do so. “I am not going to demonize and demagogue and declare war on an entire religion. That's just plain dangerous, and it plays into ISIS's hand," she said.
  • The Trump campaign announced that it was revoking press credentials provided to The Washington Post to attend Trump rallies because of what the campaign called “incredibly inaccurate coverage and reporting of the record setting Trump campaign.” The campaign’s decision was in response to a Post article that interpreted some of Trump's remarks to mean "that Trump was suggesting some tie between the president and the shooting" in Orlando. Washington Post editor Martin Baron called the decision “nothing less than a repudiation of the role of a free and independent press. When coverage doesn't correspond to what the candidate wants it to be, then a news organization is banished.” He added that the newspaper would continue to cover Trump’s campaign.
  • President Barack Obama sent a letter to members of Congress detailing where and how U.S. Armed Forces have been deployed to combat terrorism, as required by federal law. Members of the U.S. military are currently deployed in more than 14 countries in the Middle East and central Africa to fight the following terrorist groups: al-Qaida, the Taliban, ISIL/ISIS, al-Shabaab, and al-Qaida in the Arabian Peninsula (AQAP).
  • As part of the Obama administration’s continued efforts to strengthen ties between the U.S. and Cuba, U.S. Department of Health and Human Services Secretary Sylvia M. Burwell signed a Memorandum of Understanding (MOU) with Cuba’s Ministry of Public Health. The MOU “establishes coordination across a broad spectrum of public health issues, including global health security, communicable and non-communicable diseases, research and development, and information technology,” according to a press release.
  • The U.S. Supreme Court issued opinions in three cases on June 13.
  • The U.S. Supreme Court refused to hear a request from a group of states challenging the U.S. Environmental Protection Agency’s (EPA) mercury and air toxics standards for power plants. Led by Michigan and several energy industry groups, the states argued that the standards are unlawful under the Clean Air Act and that the U.S. Court of Appeals for the District of Columbia Circuit erred in upholding them in December 2015. The mercury standards are sweeping regulations on power plants that require a reduction in mercury emissions in order to improve air quality. According to the EPA, the standards are expected to cost $9.6 billion annually and produce between $37 billion and $90 billion in health and environmental benefits. Proponents of the standards have argued that the standards’ benefits outweigh their costs. Opponents of the standards have argued that the standards are too costly and will lead to the closure of power plants.

Tuesday, June 14

  • The last electoral event of the 2016 presidential nominating season took place on Tuesday. Democrats held a primary election in Washington, D.C. Hillary Clinton defeated Bernie Sanders, 79 to 21 percent. Clinton took home 16 of D.C.’s 20 pledged delegates, and, as of June 14, 19 of the district’s 26 superdelegates had publicly voiced their support for Clinton. Clinton ended the Democratic primary season with 2,219 pledged delegates. Additionally, 592 superdelegates had pledged their support to her, as of June 16, bringing her total delegate count to 2,811. Sanders ended up with 1,832 pledged delegates, plus 48 superdelegates. The nominee needs 2,383.
  • Former President Bill Clinton said that there would “be some changes in what the Clinton Foundation does and how we do it” if Hillary Clinton were elected president. He continued, “You have to be careful to avoid actual or potential conflicts of interests. We'll think very clearly about it and we'll do the right thing." The Clinton Foundation has come under scrutiny for contributions it received from foreign governments during Clinton’s tenure as secretary of state.
  • Federal Judge Emmet Sullivan confirmed in a court order issued that the investigation into Clinton’s private email server was “criminal” in nature. While declining to make public the immunity agreement of Bryan Pagliano, the State Department employee who set up Clinton’s server, Sullivan wrote, “The privacy interests at stake are high because the government's criminal investigation through which Mr. Pagliano received limited immunity is ongoing and confidential.”
  • Donald Trump held a meeting with several Republican governors, including New Jersey Gov. Chris Christie, Oklahoma Gov. Mary Fallin, Mississippi Gov. Phil Bryant, and Arkansas Gov. Asa Hutchinson. The purpose of the meeting was not disclosed.
  • Trump turned 70. If elected, he would be the oldest first-term president at his inauguration. Ronald Reagan currently holds that record, having been inaugurated in 1981 a few weeks shy of his 70th birthday. Clinton will turn 69 in October.
  • A divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit upheld the Federal Communications Commission’s 2015 open internet order. The panel judges were Sri Srinivasan, David Tatel, and Stephen Williams. The regulations under the order are commonly classified as “net neutrality” rules. The rules allow the FCC to apply utility-style regulations to both fixed and mobile internet access as a common carrier service under Title II of the Communications Act. An appeal either for an en banc hearing before the full D.C. Circuit or to the U.S. Supreme Court is expected.
  • Jeff Roe, the campaign manager for Ted Cruz’s 2016 presidential campaign, spoke with Politico about the details of the campaign and challenging Donald Trump in the primary election. He said, “Where [Trump’s] weakness is, it's very clear. His weakness is when he doesn't win, or isn't winning, he will change the topic. … He'll, evidently, you know, attack a judge, or do something else. I mean, he will--he's very good at making a new issue become real.”
  • The House approved a bill barring the IRS from collecting the names of donors to tax-exempt groups. Under current law, the names of donors to tax-exempt groups are not public information, but they must still be reported to the IRS on the groups’ tax returns. The bill, authored by Representative Peter Roskam, would prohibit the IRS from collecting identifying information, such as names or addresses, of donors to tax-exempt groups. Proponents of the bill claim it is necessary to stop harassment of political donors, while critics contend the bill could lead to foreign interests influencing American elections.
  • The U.S. Environmental Protection Agency (EPA) finalized a rule banning fracking wastewater from public sewage plants. The rule prevents oil and gas operators from disposing of wastewater at municipal sewage plants. Municipal sewage plants are not designed to treat fracking wastewater, which is produced when fracking fluid returns to the surface. Environmental groups supported the rule, calling the rule a necessary step to protect water quality and municipal plants. Energy industry groups criticized the rule, arguing that the rule will produce no tangible benefits because energy producers are not seeking to dispose of their waste in municipal plants.
  • Maine held congressional primaries.
    • There is no Senate election in Maine in 2016.
    • Maine has two U.S. House districts. The state is split, with each party currently holding one seat. Both incumbents are seeking re-election in 2016. Neither faced a primary challenger on Tuesday. Each seat is rated as safe for the party currently holding it.
    • The state’s only contested primary, the District 1 Republican primary, remains uncalled at this time. Mark Holbrook currently leads Ande Smith by 58 votes.
  • South Carolina held congressional primaries.
    • The U.S. Senate seat currently held by Tim Scott (R) is up for election in 2016. Scott will face Thomas Dixon (D) in the general election. Neither candidate faced a primary opponent.
    • South Carolina has seven U.S. House districts. The Republican Party holds six of the seven seats. All seven incumbents are seeking re-election in 2016, but only two faced a primary challenger on Tuesday. Both incumbents who faced a primary opponent advanced to the general election.
    • There are no battlegrounds in South Carolina in 2016. Each race is rated as safe for the party that currently holds it.
  • Virginia held congressional primaries.
    • There is no Senate election in Virginia in 2016.
    • Virginia has 11 U.S. House districts. The Republican Party currently holds eight seats, while Democrats hold the remaining three. However, only three districts held primary elections on Tuesday: Districts 2, 4, and 6. The rest of the districts already nominated candidates at party conventions.
    • In District 2, state Del. Scott Taylor defeated District 4 incumbent Randy Forbes in the Republican primary. Forbes chose to seek re-election in the open 2nd District rather than the 4th due to redistricting. The 4th District became much more Democratic as a result and is expected to flip partisan control in November. Forbes is the third incumbent to lose a primary in 2016.
    • In District 4, Donald McEachin (D) and Mike Wade (R) advanced to the general election. The race is rated safely Democratic in the general election.
    • In District 6, incumbent Bob Goodlatte easily defeated Harry Griego in the Republican primary. Goodlatte will face Tom Howarth (D) in the general election in this safely Republican district.
  • After offering his condolences to those affected by the terrorist attack at a nightclub in Orlando, Florida, on June 12 that killed 49 people, President Barack Obama said, “We are doing everything in our power to stop these kinds of attacks.” He added that the shooter in the attack had accessed “extremist information and propaganda over the internet.” Obama then announced steps that he and his administration are taking to fight the self-described Islamic State, also known as ISIS/ISIL. The measures “include adding more U.S. personnel, including special operations forces in Syria to help local forces battling ISIL there, more advisors to work more closely with Iraqi security forces, and other assets such as attack helicopters and more support for local forces in northern Iraq,” according to the U.S. Department of Defense.
    • Obama also said that Congress should “[r]einstate the assault weapons plan” and pass pending legislation that “would prevent any suspected terrorists on no-fly lists from buying firearms,” according to ABC News.
  • President Barack Obama and first lady Michelle Obama released the following statement on the passing of former Senator and Governor of Ohio George Voinovich: “As was clear from his 46 years in public service, George was a true patriot who dedicated his life to serving the people of Ohio. His dedication is underscored by the fact that he holds the record for being elected to more public offices than any other Ohioan in history. George leaves behind a powerful legacy of service to his state and country that will not soon be forgotten. Michelle and I offer his wife, Janet, and their children and grandchildren our condolences during this difficult time.” Voinovich was also a district-level delegate to the 2016 Republican National Convention from Ohio pledged to John Kasich. Voinovich passed away on June 12, at the age of 79.
  • House Speaker Paul Ryan (R-Wis.) released the GOP’s regulatory reform agenda as part of the party’s larger “A Better Way” plan. Ryan said, "We are calling for Washington to change the very ways it writes rules. If the proposals that are cooked up in these bureaucracies are really so important, then let the people’s elected representatives decide. No major regulations should become law unless Congress takes a vote.” GOP leaders proposed the following: allowing members of Congress to reject regulatory rules; giving federal agencies a regulatory budget; eliminating costly and outdated rules; and changing some financial, energy, environmental, and internet regulations, according to The Hill.

Wednesday, June 15

  • According to an ABC News/Washington Post survey, Donald Trump’s unfavorability rating is at a record high of 70 percent. Hillary Clinton also hit a record high unfavorability rating of 55 percent. “The results illustrate the striking challenges facing both candidates, cementing their position as the two most unpopular presumptive major party nominees for president in ABC News/Washington Post polling dating to 1984,” the pollsters found.
  • Trump tweeted that he planned to meet with the National Rifle Association (NRA) to discuss “not allowing people on the terrorist watch list, or the no fly list, to buy guns.” The NRA’s Institute for Legislative Action responded in a statement that it would be “happy to meet with Donald Trump” and that it “believes that terrorists should not be allowed to purchase or possess firearms, period.”
  • Maryland Gov. Larry Hogan (R) said that he did not plan to vote for Trump in November. “I guess when I get behind the curtain I’ll have to figure it out. Maybe write someone in. I’m not sure,” Hogan said.
  • The Clinton campaign has begun to vet vice presidential candidates using publicly available information. Among the list of potentials are Labor Secretary Tom Perez; Housing and Urban Development Secretary Julián Castro; Sens. Elizabeth Warren of Massachusetts, Tim Kaine of Virginia, Sherrod Brown of Ohio, and Cory Booker of New Jersey; Los Angeles Mayor Eric Garcetti; and Reps. Xavier Becerra of California and Tim Ryan of Ohio, according to The Wall Street Journal. Campaign chair John Podesta is leading the vice presidential search.
  • Gordon Johnson, a former deputy director of the Food and Drug Administration, pleaded guilty to illegally tipping off hedge fund employees to drug developments that allowed them to make $25 million in profits from insider trading. Preet Bharara, the U.S. attorney for the Southern District of New York, announced the plea yesterday and stated that charges would be filed against Sanjay Valvani and Stefan Lumiere, two portfolio managers with the healthcare-focused hedge fund, which was identified as “Investment Adviser-A” in the filings.
  • Donald Trump’s presidential campaign announced two state-level hires.
  • Rick Wiley, who has spent time as Scott Walker’s campaign manager and Donald Trump’s national political director this election cycle, was hired by the Republican National Committee as a consultant overseeing the national field program. RNC chief strategist Sean Spicer told The Washington Post, “Rick has been hired as a consultant by the RNC in consultation and agreement with the Trump campaign.”
  • The House Oversight and Government Reform Committee voted 23-15 to censure IRS Commissioner John Koskinen for engaging “in a pattern of conduct inconsistent with the trust and confidence placed in him,” according to USA Today. Republicans allege that Koskinen obstructed an investigation “into whether the IRS improperly scrutinized Tea Party groups seeking tax-exempt status.” On June 22, 2016, the House Judiciary Committee will consider whether it will proceed with the process to impeach Koskinen.

Thursday, June 16

  • The U.S. Supreme Court issued unanimous rulings reversing or vacating judgments in three cases.
  • CNN reported that “hundreds” of staffers working on Hillary Clinton’s primary election campaign were transitioning to the payroll of the Democratic National Committee, where they will work to help elect Clinton as well as Democratic candidates down the ticket. According to the article, the campaign and the DNC “have begun diverting money to coordinated campaigns in Florida, Wisconsin, Nevada, Colorado, Ohio, Pennsylvania, New Hampshire and North Carolina.”
  • Senator Marco Rubio (R-Fla.) said he is considering running for re-election, according to Reuters. Rubio said, "I'll go home later this week. And I'll have some time with my family. And then, if there's a change in our status, I'll be sure to let everyone know." Rep. David Jolly (R-Fla.), who initially ran for Rubio’s seat, ended his campaign Friday to instead seek re-election to the House. Jolly exited the race because he expected Rubio to run for re-election. Rubio has until Florida’s filing deadline on June 24 to decide.
  • During a Senate Intelligence Committee hearing, CIA Director John Brennan said that although coalition efforts have weakened the self-described Islamic State, also known as ISIS/ISIL, the terrorist group’s ability to carry out global acts of terror has not been reduced. Brennan said, “Unfortunately, despite all our progress against ISIL on the battlefield and in the financial realm, our efforts have not reduced the group’s terrorism capability and global reach. … The resources needed for terrorism are very modest, and the group would have to suffer even heavier losses of territory, manpower and money for its terrorist capacity to decline significantly.”
  • Iranian President Hassan Rouhani announced that Iran is suing the United States “to reclaim roughly $2 billion frozen in a Citibank account in New York” after the U.S. Supreme Court ruled that the money could go to victims and family members of victims of terrorist attacks supported by Iran. According to The Hill, “Iran claims that the U.S. action to bar Tehran from accessing the assets is a violation of a 1955 treaty.”
  • House Republicans presented their plan to improve how the federal government functions. Part four of their six-part “A Better Way” agenda proposes “clarify[ing] roles between the three government branches, updat[ing] rules for governing, simplify[ing] spending, and put[ting] information about government actions into the light.” The full plan can be viewed here.

Bills & Amendments

Monday, June 13

  • President Barack Obama signed 12 resolutions into law all regarding the naming of post offices across the country.
  • The House passed S 337 - the FOIA Improvement Act of 2016 by voice vote. The bill proposes amending the Freedom of Information Act (FOIA) to make it easier for the public to access federal records. It passed the Senate on March 13, 2016, and will now head to President Obama for approval.

Tuesday, June 14

  • Key vote: The Senate passed S 2943 - the National Defense Authorization Act for Fiscal Year 2017 by a vote of 85-13. The $602 billion bill “authorizes FY2017 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the defense activities of the Department of Energy (DOE).” The House passed its version of the NDAA on May 18, 2016. The legislation will now head to a conference committee before the final version is sent to President Obama’s desk.
    • The legislation includes an amendment requiring women to register for the military draft.
  • The House passed HR 5053 - the Preventing IRS Abuse and Protecting Free Speech Act by a vote of 240-182. The legislation proposes barring the IRS from collecting the names of donors to tax-exempt groups. Under current law, the names of donors to tax-exempt groups are not public information, but they must still be reported to the IRS on the groups’ tax returns. The bill, authored by Representative Peter Roskam, would prohibit the IRS from collecting identifying information, such as names or addresses, of donors to tax-exempt groups. Proponents of the bill claim it is necessary to stop harassment of political donors, while critics contend the bill could lead to foreign interests influencing American elections.

Wednesday, June 15

  • Sen. Chris Murphy (D-Conn.) held a 14 hour and 50 minute filibuster in an effort to get the Senate to vote on gun control measures. In a statement, Murphy said, "It is our understanding ... that we have been given a commitment on a path forward to get votes on the floor of the Senate -- on a measure to assure that those on the terrorist watch list do not get guns and an amendment ... to expand background checks to gun shows and to internet sales.” The Senate will vote on gun control legislation on Monday.

Thursday, June 16

  • Key vote: The House passed HR 5293 - the Department of Defense Appropriations Act, 2017 by a vote of 282-138. The $576 billion defense spending bill “[p]rovides FY2017 appropriations to the Department of Defense (DOD) for military activities.”
  • The House passed HR 5471 - the Countering Terrorist Radicalization Act by a vote of 402-15. The legislation proposes directing the secretary of Homeland Security to provide training for personnel at the federal, state, and local levels to “counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats.” The legislation also proposes directing the secretary of Homeland Security to collect testimonials of former violent extremists and their associates to combat terrorist recruitment and establish a board to coordinate the department’s efforts to combat terrorism.

Friday, June 17

 

Congress is IN session SCOTUS is IN session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Tuesday-Friday. The U.S. Supreme Court will hold a non-argument session on Monday.

What’s On Tap Next Week

Monday, June 20

  • The U.S. Supreme Court will hold a non-argument session on June 20. The court is expected to issue orders in advance of the session and to announce opinions in decided cases during the session. The court will also announce if additional non-argument sessions have been scheduled for the week.

Tuesday, June 21

Friday, June 24

  • FILING DEADLINE: Florida congressional filing deadline
    • The U.S. Senate seat currently held by Marco Rubio (R) is up for election in 2016. Rubio initially planned to not seek re-election due to his presidential campaign, but there has since been speculation that he may seek re-election to his Senate seat. The race is a general election battleground in 2016. Rep. David Jolly announced on June 17 that he would be dropping out of the race to instead seek re-election to the House. Jolly said that he expected Rubio to seek re-election and did not want to run against him.
    • There are 27 U.S. House districts in Florida. The Republican Party holds 17 seats, and Democrats hold the remaining 10.
    • There are two House races currently rated as battlegrounds in 2016: District 18 and District 26. Additionally, three U.S. House seats are expected to flip partisan control due to redistricting: Districts 2, 10, and 13. This would result in a gain of one seat by the Democratic Party.

 

Where was the president last week? Federal judiciary
President Barack Obama met with the Dalai Lama at the White House on Wednesday. On Thursday, Obama and Biden traveled to Orlando, Florida, to meet with the families of the victims of the Orlando nightclub shooting.  
  • 95 total federal judicial vacancies, including one Supreme Court vacancy
  • 66 pending nominations
  • 14 future vacancies

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

State and Local

What's on tap?

Win the GOP endorsement at the state convention? Check. Lead in the polls? Check. Win the primary? … Our first story today highlights the unexpected defeat of North Dakota’s sitting Attorney General in the state’s gubernatorial primary election last Tuesday. Also in this issue, Ballotpedia researches state representatives’ voting histories to issue two fact checks; one’s true, and one’s false. Get the full stories below.

 

Highlights

State

  • North Dakota was one of five states to hold primary elections last Tuesday. Former Microsoft executive Doug Burgum (R) defeated North Dakota Attorney General Wayne Stenehjem (R) in the state's Republican primary for governor by a surprising 21-point margin. Heading into the election, Stenehjem led in polls and was the party favorite, having won the GOP endorsement at the state convention on April 2. Though it is customary in North Dakota for candidates who lose at the convention to bow out of the primary election, Burgum announced he would run anyway and delivered a resounding win. The race is currently rated “Safe Republican.” All major party candidates for other offices were unopposed in the primaries. North Dakota is one of 23 Republican trifectas. For more results from Tuesday’s election, read on below.

Local

  • On June 13, the Denver City Council passed a pair of regulations targeting the short-term housing rental industry, which includes Airbnb and VRBO. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced. More information, including similar stories from Seattle and San Franciso, can be found in the local section.
 

State

The Week in Review

Ballot measures update

Monday, June 13

  • U.S. District Court Judge George L. Russell has denied Maryland’s request to dismiss a challenge to the state’s ballot access laws. Maryland law required an independent candidate to obtain 40,603 signatures to get on the ballot this year, whereas new parties only required 10,000. The challenge was brought forth by Greg Dorsey, a Maryland resident who is seeking access to the ballot as an unaffiliated candidate. Dorsey argues that the disparity in signature requirements for independent candidates and new parties seeking ballot access violates the rights to free speech and association and equal protection guaranteed by the First and Fourteenth Amendments to the United States Constitution. In recent years, only one statewide independent candidate has qualified for the ballot in Maryland: U.S. Senate candidate Sohrab "Rob" Sobhani in 2012.

Tuesday, June 14

ELECTION NIGHT REVIEW: Four states hold primary elections; the GOP party favorite for ND governor falls; nine legislative incumbents defeated (all Republicans)

  • Primary election: Maine
    • State legislature: Maine has 35 state Senate and 151 state House seats up for election in 2016. Republicans maintain a five-seat majority in the Senate, while Democrats have a nine-seat majority in the House. With Republican Governor Paul LePage, Maine is one of 20 states with split government control. Both chambers are included in Ballotpedia’s list of top battlegrounds in 2016. Four incumbents faced primary competition, two in the state Senate and two in the state House. State Sen. Linda Baker was defeated by Guy Lebida in the Republican primary by 40 votes.
  • Primary election: Nevada
    • State legislature: Nevada has 11 state Senate and 42 state Assembly seats up for election in 2016. Republicans have a one-seat majority in the Senate and a seven-seat majority in the House. With a Republican governor, Nevada is one of 23 Republican state government trifectas. The Senate is included in Ballotpedia’s list of top battlegrounds in 2016. In the state Assembly, incumbents Glenn Trowbridge (R) and Philip O’Neill (R)—from Districts 37 and 40, respectively—were defeated by primary challengers. Additionally, there were four races in the state Assembly primary election that were particularly close contests: Owen Carver (D) won by a margin of 17 votes in District 2, Melody Howard (R) won by a margin of 50 votes in District 14, Matt Williams (R) won by a margin of 7 votes in District 34, and incumbent Brent Jones (R) won by a margin of 61 votes in District 35.
  • Primary election: North Dakota
  • Kansas Secretary of State Kris Kobach's office has issued orders to county election officials to register those who have motor vehicle applications but not citizenship documents to vote in Kansas in the federal races for president and Congress. This order follows a decision by the 10th Circuit Court of Appeals that refused to blocked a previous judge’s order to expand voter enfranchisement. Since 2013, under Kansas law, individuals have been required to provide citizenship documentation to register to vote. A federal judge ruled in May that the burden of registering individuals without documentation does not outweigh the disenfranchisement of 18,000 otherwise eligible voters whose registrations at motor vehicle offices have been canceled or suspended. In the last 10 years, about 44 percent of Kansas voters registered at a motor vehicles office.
  • In defiance of the Obama administration, the Kansas State Board of Education voted unanimously not to comply with the Justice Department directive that students be allowed to use bathrooms based on their gender identity instead of biological gender. Instead, they will continue to allow school districts to decide on their own how to deal with the issue. It is not clear how this might affect federal education funding in the state. The board issued a statement saying, "The recent directive from the civil rights offices of the United States Department of Education and the U.S. Department of Justice regarding the treatment of transgender students removes the local control needed to effectively address this sensitive issue." Kansas public education is also under scrutiny from the Kansas Supreme Court regarding inequities in state school funding. (See below)

Wednesday, June 15

  • The Alabama House Judiciary Committee began its impeachment investigation into Governor Robert Bentley (R). The committee will be investigating allegations that Bentley misused state funds in order to conduct an affair with one of his senior advisors, who has since resigned. The articles of impeachment were introduced by state Rep. Ed Henry (R) in April 2016; 23 lawmakers signed. The governor has admitted to having improper conversations with his aide, but he maintains that nothing illegal took place. If impeached by the House and found guilty by the Senate, Bentley would be Alabama's first state official to be removed from office by impeachment. The investigation begins amid several political corruption scandals among Alabama state officials: Former Speaker of the House Mike Hubbard (R) was removed from office last week following his conviction on 12 felony ethics violations; Supreme Court Chief Justice Roy Moore is also awaiting a judicial ethics trial and faces removal from the bench if convicted. He is currently suspended without pay. Alabama is one of 23 Republican trifectas.
  • The California State Legislature approved a $122.5 billion spending plan. Approval for the budget was split along party lines, with all Democrats and one Senate Republican in favor. The budget includes expansion for safety net programs. About half of the budget is allocated for K-12 education and community colleges. The budget must now be approved by Governor Jerry Brown before being put into place. Brown has previously fought against increased spending on social services in fear of another recession, but he allowed several measures that have long been a priority for the Democratic Party in California.
  • The Kansas Republican House Campaign Committee released an ad calling on residents of the state to lobby the Kansas Supreme Court and urge it not to close the state’s public schools. Earlier this year, the court ruled the state’s school funding formula unconstitutional and gave lawmakers until June 30 to submit a new plan that satisfies the court; if it fails to do so, the court has threatened to close the state’s public schools on July 1. The legislature will begin a special session on June 23 to devise a new funding plan. A spokeswoman for the court said that public comments regarding open cases are not passed along to the justices. The court has become contentious over the past year; Kansas lawmakers recently defunded (and then refunded) the judicial branch in protest of the court’s rulings.

Thursday, June 16

  • New Jersey Governor Chris Christie (R) nominated his former chief counsel Chris Porrino to replace outgoing Attorney General Robert Lougy (R), marking the second officeholder change this year. Lougy is leaving the post following a nomination by Christie to the New Jersey Superior Court. Christie has a history of elevating state attorneys general to loftier posts—he appointed Paula Dow to the Superior Court in 2012. Dow was replaced by Jeff Chiesa, whom Christie appointed to fill a vacant U.S. Senate seat in June 2013. John Hoffman held the seat from that time until March 2016, when he departed to take a position at Rutgers University and Lougy assumed the post. Porrino served as Christie's chief counsel for a year and a half, departing in July 2015 to resume private practice. His nomination is subject to confirmation by the state Senate. New Jersey currently has a divided government.

Friday, June 17

 

What’s On Tap Next Week

Saturday, June 18

Tuesday, June 21

Friday, June 24

  • Filing deadline: Florida
    • State legislature: Florida has 20 state Senate and 120 state House seats up for election in 2016. Republicans have a 12-seat majority in the Senate and a 42-seat majority in the House. With a Republican governor, Florida is one of 23 Republican state government trifectas. On December 30, 2015, a Florida judge ruled that the state Senate district maps violated anti-gerrymandering laws. The new district maps favor Democrats and give the party a chance to regain a state Senate majority. Out of the 40 Senate districts, 21 districts voted for President Barack Obama (D) in 2012, while only 19 districts voted for Republican Mitt Romney.
  • The South Dakota Republican and Democratic parties will hold conventions to choose candidates for the single state executive office up for election in 2016: public service commissioner. The seat up for election is currently held by Chris Nelson (R), who also serves as chairman of the commission. Nelson announced in February 2016 that he would seek the party nomination to run for another term. All three seats on the commission are currently held by Republicans; South Dakota is one of 23 Republican trifectas.

 

State government in session

Eight states are in regular session; Alaska, California, and Louisiana are in special session.

  • CA, DE, MA, NC, NJ, OH, PA, RI.

One state is in recess:

  • MI until 7/13/2016

Adjourned regular sessions:

  • AK, AL, AR, AZ, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MO, MN, MS, NE, NM, NH, NY, OK, OR, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY.

States with no regular 2016 sessions:

  • MT, ND, NV, TX.

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, 40 seats have been filled through legislative special elections in 2016. Seven 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 three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9). Another six (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Last week

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering 45 municipal elections across America's 100 most populous cities, local judicial elections across all 39 states holding elections, 640 school board elections across America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
    • So far this year, Ballotpedia has covered 22 city elections, 21 states with local judicial elections, 172 school board elections, and elections for 162 local ballot measures in California.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Saturday, June 11

  • In Texas, Harlingen Consolidated Independent School District held a special election for Place 7 on the school board. Two newcomers ran for the open seat on May 7, 2016, but the election ended in a tie after city officials counted 1,422 votes for each candidate. The sitting school board determined that a special election for the position was necessary when neither candidate chose to concede the race. Eladio Jaimez defeated Rosalinda Mercado-Garza with more than 70 percent of the vote.
    • In the event of a tied vote, Texas law gives the candidates the option to toss a coin to determine the winner. Both Jaimez and Mercado-Garza declined this option, however, citing the duty to honor supporters through a continued campaign. This decision triggered a formal recount by Harlingen City Hall, which confirmed the tie and led to the certification of the tied results on May 17, 2016. The school district’s chief financial officer, Julio Cavazos, reported that the recount cost the district $2,000 and estimated that the special election would cost another $30,000.

Monday, June 13

  • The Denver City Council passed a pair of regulations targeting the short-term housing rental industry, which includes Airbnb and VRBO. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced. The legislation both legalized and regulated some forms of short-term rentals, including partial and full rentals of primary home residences. Rentals of secondary vacation residences remain illegal in the city. The two bills both passed by a vote of 9-2 with council members Kevin Flynn and Rafael Espinoza opposing it. The regulations go into effect on July 1, 2016. Denver is the largest city in Colorado and the 23rd-largest city in the U.S. by population.
    • On June 1, 2016, Seattle Mayor Ed Murray (D) and Councilman Tim Burgess (D) proposed limiting short-term rentals to improve the city’s housing market. Their plan would allow only primary residences to be listed year-round on services such as Airbnb and VRBO, whereas secondary residences would be limited to 90 nights per calendar year. According to Airbnb, short-term rentals have generated more than $30 million in revenue for Seattle rental property owners. Several dozen Airbnb hosts attended a city council meeting on June 15, 2016, to criticize the regulations. Some of the attendees indicated their support for a tax on short-term rental housing hosts in order to fund low-income housing construction as an alternative to the mayor and council member's proposal. Seattle is the largest city in Washington and the 22nd-largest city in the U.S. by population.
    • On June 7, 2016, the San Francisco Board of Supervisors approved legislation that restricts commercial postings from short-term housing rental websites. A similar but more extensive citizen-initiated measure, Proposition F, was defeated in 2015. Under the new law, only residents registered with the city as hosts are permitted to post short-term listings. Any individual or business found posting a noncompliant listing can be fined up to $1,000 per day. The legislation is intended to protect San Francisco’s housing availability from the potential drain of short-term rentals. Some residents believe that these rentals worsen the city’s housing crisis. Critics from the business community argue that the law violates the federal protection of internet freedom. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

Tuesday, June 14

  • Two of the four seats on the Reno City Council in Nevada were up for primary election. All four seats will be up for grabs in the general election on November 8, 2016. Since the candidates running in Ward 3 and Ward 5 are both unopposed, neither race was on the primary ballot. Reno is the third-largest city in Nevada and the 89th-largest city in the U.S. by population.
  • In Washington, D.C., six of the eight city council seats were up for partisan primary election. Former Mayor Vincent Gray's (D) return to D.C. politics headlined the race. Gray, who was defeated by current Mayor Muriel Bowser (D) in the 2014 primary, defeated Ward 7 incumbent and Bowser ally Yvette Alexander in this year’s primary for Alexander’s council seat. There was also a rematch of last year’s Ward 8 special election between incumbent LaRuby May (D) and challenger Trayon White (D). In 2015, May won the seat with a 78-vote margin over White out of more than 7,000 votes cast, but White won the rematch with more than 51 percent of the vote. In total, three of the four incumbents who faced challengers lost their re-election bids. All three of the defeated incumbents were supporters of Mayor Bowser. Washington, D.C., is the 24th-largest city in the U.S. by population.
  • FILING DEADLINE: Deadline passed to run for the San Francisco Board of Supervisors in California. Six of 11 city council seats will be up for general election on November 8, 2016. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.
  • FILING DEADLINE: Deadline passed to run for the mayor’s office and four of the 11 city council seats in Virginia Beach, Virginia. Mayor Will Sessoms (R) filed to run for re-election and will face three challengers. All four of the city council incumbents filed for re-election, and three of the four will face challengers. The city general election will be held on November 8, 2016. Virginia Beach is the largest city in Virginia and the 39th-largest city in the U.S. by population.
  • Maine held primary elections for seven probate court judgeships across the state. Only the race for the Oxford County Probate Court was contested. Two Republicans and one Democratic candidate participated in partisan primaries for that position. In total, five Democrats and four Republicans ran for the seven positions. Probate judges are elected to four-year terms and serve in the position part-time. The deadline to file in the race was March 15, 2016, and the general election will take place on November 8, 2016.
  • Nevada held a nonpartisan primary election for one district court judgeship in District 8, Department 20. Judge Louis Eric Johnson and challenger Anat Levy advanced to the general election on November 8, 2016. Two additional district court judgeships will also hold general elections in November. Nevada district court judges serve six-year terms. The filing deadline for candidates who wished to run in this election was January 15, 2016. The general election will be held on November 8, 2016.
  • North Dakota held a nonpartisan primary election for 23 district court judgeships. Only two of the seats saw enough candidates file to require primary elections to take place. The two candidates who received the greatest number of votes in each race advanced to the general election. Both races featured open seats where the sitting judge did not seek re-election. Just two more seats saw more than one candidate file, meaning only four contested races will appear on the general election ballot. North Dakota District Court judges serve six-year terms. The general election will be held on November 8, 2016.
  • Ten of South Carolina's 46 counties held primary elections for probate court judgeships. While a general election will be held November 8, 2016, the races were decided in the primaries. This is because each seat up for election only saw candidates from one party—Democratic or Republican—file for each race. South Carolina election law does allow for a possible second primary, but no such runoff primary was necessary since no more than two candidates filed within each party for any one seat.
  • Some of the largest school districts across Nevada, North Dakota, and South Carolina held elections for school board positions:
    • Nevada: Three of the state’s largest school districts by enrollment held elections.
      • Four of the seven seats on the Clark County School District school board were up for primary election. The general election will be held on November 8, 2016. The Clark County School District served 320,532 students during the 2013-2014 school year.
      • In the Elko County School District, a primary election was held for five of the seven school board seats. The general election will be held on November 8, 2016. The Elko County School District served 9,945 students during the 2013-2014 school year.
      • The Washoe County School District also held a primary election for four of its seven seats. The general election will be held on November 8, 2016. The Washoe County School District served 65,550 students during the 2013-2014 school year.
    • North Dakota: Two of the state’s largest school districts by enrollment held elections.
      • Two of the five school board seats in Bismarck Public Schools were up for at-large general election. Only three candidates filed in the race, including two incumbents. Bismarck Public Schools served 12,012 students during the 2013-2014 school year.
      • Fargo Public Schools held an at-large general election for four of nine school board seats. A single incumbent filed for re-election and faced eight challengers in the race. Fargo Public Schools served 11,101 students during the 2013-2014 school year.
    • South Carolina: The Kershaw County School District held a primary election for five of nine school board positions. Only the District 5 race featured multiple candidates; challenger James Smith defeated incumbent Louis Clyburn Jr. to win the primary. Smith will run unopposed in the general election. The other four unopposed races did not appear on the ballot. The Kershaw County School District served 10,493 students during the 2013-2014 school year.
  • FILING DEADLINE: Deadline passed to run for 24 school board seats across five of Virginia’s largest school districts. Five of 11 school board seats are up for election in Virginia Beach City Public Schools, which is the largest of the five districts. It served 70,556 students during the 2013-2014 school year. The general election for these districts will be on November 8, 2016.

Wednesday, June 15

  • Two members of the Cleveland City Council, Jeffrey Johnson and Brian Cummins, proposed separate plans to raise the city's minimum wage to $15 per hour. Johnson's plan would set the wage at $15 by 2021, while Cummins' plan would reach that level at 2022. The proposals came in response to the plan put forward by Raise Up Cleveland, backed by the Service Employees International Union, to increase the minimum wage to $15 by 2020. On June 4, 2016, Cleveland Mayor Frank Jackson (D) and City Council president Kevin Kelley publicly opposed the Raise Up Cleveland proposal to raise the city's minimum wage to $15 per hour by 2020. Proponents argue that the increase is needed to keep Cleveland’s business sector regionally competitive and to propel workers into the middle class. Opponents claim that the wage hike would ultimately lead to lost jobs and would be implemented too quickly for businesses to adjust. Cleveland is the second-largest city in Ohio and the 48th-largest city in the U.S. by population.
    • Raise Up Cleveland gathered enough petition signatures to require the city council to take action on its minimum wage proposal. If the council votes to rejects the proposal, the organization can ask to put it on the ballot for city votes to decide. It is unclear whether it would appear on the ballot on November 8, 2016, or if it would require a special election or need to wait until the next regularly scheduled general election.
    • Debates over the minimum wage have become commonplace in cities across the United States.
      • Seattle, Los Angeles, San Francisco, and Washington, D.C., have all begun implementation of $15 per hour minimum wages in recent years. In 2014, the Seattle City Council unanimously supported a minimum wage increase for full implementation in 2021, and San Francisco voters approved a ballot measure to phase in the full wage hike by 2018. The Los Angeles City Council soon followed in 2015 when it voted 14-1 to enact the increase by 2020. A third California city, San Mateo, is expected to enact a $15 per hour minimum wage ordinance in July. It would phase into effect in 2018 with some exemptions ending in 2020. On June 7, 2016, the Washington, D.C., City Council unanimously approved a proposal to raise the city’s minimum wage to $15 by 2020.
      • Two more cities—Miami Beach, Florida, and San Diego, California—recently approved smaller minimum wage hikes. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with an increase over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which will increase the city’s minimum wage to $11.50 in January 2017.

Thursday, June 16

  • The Philadelphia City Council became the first big city in America to levy a “soda tax” when it approved a tax of 1.5 cents per ounce (18 cents per 12-ounce can) on soft drinks and other sugary beverages. The council vote was 13-4 in favor, with council members Brian O'Neil (R), David Oh (R), Maria Quinones Sanchez (D), and Al Taubenberger (R) opposing the legislation. The tax will go into effect on January 1, 2017, and the city estimates it will raise approximately $91 million each year. According to the The Philadelphia Inquirer, the American Beverage Association (ABA) spent millions to stop the legislation. Following the vote, the organization announced its intention to wage a court battle against the new tax. In its statement, the ABA criticized the tax and said, “Working families and small businesses simply cannot afford to pay this tax.” Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
    • In the weeks leading up to the vote, Mayor James Kenney (D) had proposed a tax of three cents per ounce (36 cents per 12-ounce can) and City Council President Darrell L. Clarke (D) had called for a 15 cent tax on drink containers larger than seven ounces, including water. A Harvard University study released in April 2016 found that the mayor’s proposal would result in “an estimated 2280 cases of diabetes prevented over a one-year period once the tax reaches its full effect.” The Harvard report noted that the city had projected up to $400 million in new revenue over a five-year period as a result of the proposed tax.
    • The first municipality in the United States to set a tax on soft drinks was Berkeley, California, in 2014. More than 76 percent of city voters approved the local ballot measure. According to ABA executive Lauren Kane, recent soft drink taxes have failed to pass 43 times between both states and local governments.

 

What’s On Tap Next Week

Saturday, June 18

  • One of the seven seats on the Dallas Independent School District school board will be up for special runoff election. The District 2 seat was left vacant when former board member Mike Morath left to become the commissioner of the Texas Education Agency. Business owner Dustin Marshall and parent Mita Havlick defeated two other candidates in the special election on May 7, 2016, to advance to the runoff for a one-year term. Three other seats on the board were up for a regular general election in May, as well. The Dallas Independent School District served 159,713 students during the 2013-2014 school year.

Friday, June 24

  • FILING DEADLINE: Deadline to run for local judgeships across the state of Florida. The primary election will be on August 30, 2016, and the general election will be on November 8, 2016. The August primary election will functionally serve as a general election, since the November general election will only be held in races where no candidate won a majority of the vote in the primary.
  • FILING DEADLINE: Deadline to run for 94 school board seats across 38 of Florida’s largest school districts. Five of nine school board seats are up for election in Miami-Dade County Public Schools, which is the largest of the 38 districts. It served 356,233 students during the 2013-2014 school year. The primary election will be on August 30, 2016, and the general election will be on November 8, 2016. The August primary election will functionally serve as a general election, since the November general election will only be held in races where no candidate won a majority of the vote in the primary.

 

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