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The Tap: American Direct Democracy at Work

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September 3, 2016Issue No. 32

The Tap Graphic-750x191px.png

The week in review: August 27 - September 2
What's on Tap next week: September 3 - September 9

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Donald Trump’s 10-point immigration plan. On Wednesday, August 31, Donald Trump delivered a speech in Arizona where he discussed immigration policy, saying, “For those here illegally today who are seeking legal status, they will have one route and one route only. To return home and apply for re-entry like everybody else under the rules of the new legal immigration system that I have outlined today.” In the speech, Trump laid out a 10-point plan on immigration policy:

  • One: “We will build a great wall along the southern border. And Mexico will pay for the wall.”
  • Two: “We are going to end catch and release. … Under my administration, anyone who illegally crosses the border will be detained until they are removed out of our country and back to the country from which they came.”
  • Three: “Zero tolerance for criminal aliens. Zero. They don't come in here. They don't come in here. … We're going to triple the number of ICE deportation officers. … We're also going to hire 5,000 more Border Patrol agents.”
  • Four: “Block funding for sanctuary cities. We block the funding. No more funds.”
  • Five: “Cancel unconstitutional executive orders and enforce all immigration laws. We will immediately terminate President Obama's two illegal executive amnesties in which he defied federal law and the Constitution to give amnesty to approximately five million illegal immigrants, five million.”
  • Six: “Suspend the issuance of visas to any place where adequate screening cannot occur.”
  • Seven: “Ensure that other countries take their people back when they order them deported.”
  • Eight: “We will finally complete the biometric entry-exit visa tracking system which we need desperately. … The politicians are all talk, no action, never happens. Never happens. … In my administration we will ensure that this system is in place.”
  • Nine: “Turn off the jobs and benefits magnet. We will ensure that E-Verify is used to the fullest extent possible under existing law.”
  • Ten: “Reform legal immigration to serve the best interests of America and its workers the forgotten people. Workers. We're going to take care of our workers.”
  • See also: Donald Trump presidential campaign, 2016/Immigration

"Ballot Measures: American Direct Democracy at Work"

Did you see Ballotpedia’s op-ed in The New York Times this week? We discuss the history of ballot measures in our first article of a planned three-part series. Check it out here.

 

Federal

The Week in Review

Saturday, August 27

  • Donald Trump spoke at Sen. Joni Ernst’s “Roast and Ride” event in Iowa, where he addressed a range of issues including agricultural and immigration policy as well as race, crime, and poverty.
    • Agriculture: “Family farms are the backbone of this country. We are going to end the EPA intrusion into your family homes and your family farms. We are going to protect the Renewable Fuel Standard, eliminate job-killing regulations like the Waters of the U.S. rule, and provide desperately-needed tax relief. … We are going to end this war on the American farmer. That includes our plan to lower the tax rate on family farms down to 15 percent, and to stop the double-taxation of family farms at death – helping to ensure that the family farm tradition in Iowa continues to thrive and flourish.”
    • Immigration: “In recent days, the media – as it usually does – has missed the whole point on immigration. All the media wants to talk about is the 11 million or more people here illegally. … I am going to build a great border wall, institute nationwide e-verify, stop illegal immigrants from accessing welfare and entitlements, and develop an exit-entry tracking system to ensure those who overstay their visas are quickly removed. If we don’t enforce visa expiration dates, then we have an open border – it’s as simple as that. I am also going to cancel all unconstitutional executive orders and empower rank-and-file ICE officers and Border Patrol officers to finally do the jobs they were hired for.”
    • Race, crime, and poverty: “I’ve spoken a lot in recent days about the deplorable conditions in many of our inner cities. As a father, as a builder, as an American, it offends my sense of right and wrong to see anyone living in such conditions. Almost 40 percent of African-American children are living in poverty – including 45 percent of children under the age of six. … Failed Democratic policies – the policies of Hillary Clinton – have created this high crime and crushing poverty. … I am running to offer a better future – to the citizens of Detroit, Baltimore, Chicago, and all across this great land.”
  • According to newly released emails from the State Department, Doug Band, an official with the Clinton Foundation, sent a request to Huma Abedin, a senior aide to Hillary Clinton, for invitations and special seating to a 2010 State Department lunch for three executives of organizations that donated to the Clinton Foundation. The emails were released in a public records lawsuit brought by Citizens United, which cited the emails as “new evidence Foundation allies received special treatment” during Clinton’s tenure as secretary of state. “Hillary Clinton's senior staff at the State Department routinely worked with the Clinton Foundation to reward big donors with special access and favors for four years,” said David Bossie, president of Citizens United. A spokesperson for the Clinton campaign responded by saying, “Citizens United is a right-wing group that's been attacking the Clintons since the 1990s and, once again, is trying to make something out of nothing.”
  • Paul Wolfowitz, the deputy secretary of defense under George W. Bush, said that he might vote for Hillary Clinton in an interview with Der Spiegel. “I wish there were somebody I could be comfortable voting for. I might have to vote for Hillary Clinton, even though I have big reservations about her,” said Wolfowitz. He also criticized Donald Trump’s views on foreign policy, saying, “The only way you can be comfortable about Trump's foreign policy, is to think he doesn't really mean anything he says. That's a pretty uncomfortable place to be in. Our security depends on having good relationships with our allies. Trump mainly shows contempt for them. And he seems to be unconcerned about the Russian aggression in Ukraine. By doing this he tells them that they can go ahead and do what they are doing. That is dangerous.”
  • Free the Delegates, a conservative group opposed to Donald Trump’s candidacy for president, released a TV ad that will be aired in Florida, Virginia, Ohio, and Michigan. The ad, titled “Keep Your Word,” focuses on comments made by Trump throughout the primaries in which he suggested that he would leave the race if he was losing in the polls. The ad concludes with the statement, “Resign the nomination. Let the RNC replace you so we can beat Hillary.” Jason Miller, a spokesperson for the Trump campaign, told Politico, “The 'Never Trump’ movement died at the Republican Convention after it was revealed that they were nothing more than press releases and Facebook posts. The reality is, Republicans and non-Republican voters alike are rapidly uniting behind Donald Trump’s candidacy as people look for a real change agent who isn’t afraid to break up the rigged system.”
  • In a statement to Reason.com, Gary Johnson sought to clarify his stance on mandatory vaccinations. He said, “Today, there are no federal laws mandating vaccinations, and that is as it should be. No adult should be required by the government to inject anything into his or her body. … Government has a responsibility to help keep our children and our communities safe. At the same time, government has a responsibility to preserve individual freedom. Vaccination policies must respect both of those responsibilities. I personally believe in vaccinations, and my children were vaccinated. But it is not for me to impose that belief on others.”

Sunday, August 28

Monday, August 29

  • Hillary Clinton announced a mental health plan on her campaign website. A statement from Clinton’s campaign reads, “Recognizing that nearly a fifth of all adults in the United States — more than 40 million people — are coping with a mental health problem, Hillary’s plan will integrate our mental and physical health care systems. Her goal is that within her time in office, Americans will no longer separate mental health from physical health when it comes to access to care or quality of treatment. Hillary has been talking about mental health policy throughout her campaign, since hearing directly from American parents, students, veterans, nurses, and police officers about how these challenges keep them up at night.”
  • Gary Johnson published an op-ed about immigration reform on CNN’s website. He said, “[Americans] know that the only realistic and … humane policy is to find a fair and safe way to allow non-criminal, undocumented immigrants to get right with the law and go about their lives, paying taxes, having a valid Social Security number, and earning a legal status. No cutting the line. No ‘special’ path to citizenship. Just a common sense way for undocumented immigrants with jobs, families, and a clean record to come forward and live by the same rules as the rest of us.” Johnson also criticized Donald Trump’s immigration proposals, saying “Rounding up more than 11 million people -- a population larger than all but the 7 largest states in the union -- is a ludicrous notion to begin with. Everyone knows it, including Donald Trump. It was a lie cloaked in a promise.”
  • The Chicago Tribune editorial board argued that Gary Johnson should be included in the first presidential debate in September. Pointing out voter dissatisfaction with Hillary Clinton and Donald Trump, the board said, “If the Republicans were willing to hear from 10 candidates at the first primary debate last summer (with seven more appearing at a prior forum), then let's respect the wishes of a dissatisfied electorate and open up the first general election debate to Johnson. Once on that stage, it will be on him to make his mark.”
  • Secretary of Homeland Security Jeh Johnson said in a press release that he directed the Homeland Security Advisory Council “to evaluate whether the immigration detention operations conducted by Immigration and Customs Enforcement should” end its use of private prisons. The formation of a subcommittee to review the department’s policy on the use of private immigration detention centers followed the Department of Justice’s (DOJ) August 18 announcement that DOJ officials were instructed to stop renewing or significantly reduce contracts with private prison operators.
  • While speaking in Bangladesh, Secretary of State John Kerry suggested that the media should cover terrorism less as a way of preventing future attacks. He said, "If you decide one day you’re going to be a terrorist and you’re willing to kill yourself, you can go out and kill some people. You can make some noise. Perhaps the media would do us all a service if they didn’t cover it quite as much. People wouldn’t know what’s going on.”
  • National Security Advisor Susan Rice announced the administration achieved President Barack Obama's goal of admitting 10,000 Syrian refugees into the United States. The goal was set in response to millions of Syrians fleeing violence in the region. Rice added, “We will admit at least 85,000 refugees in total this year, including vulnerable individuals and families from Burma, Democratic Republic of the Congo, El Salvador, Iraq, Somalia, Ukraine, and many other countries.”
  • Mylan Laboratories announced it will begin selling a generic version of its EpiPen in the next several weeks. The generic version will cost $300 for two EpiPens—half the price of its branded version, which is listed at $608 for two. The announcement is the drugmaker’s second move in the past week to make EpiPens more affordable for consumers in the wake of public criticism over its price increases for the product over 500 percent since 2007. Last week, Mylan began offering coupons that take $300 off the copayment for patients. It has not yet lowered the list price of the EpiPen, drawing criticism from the American Medical Association, Hillary Clinton, and members of Congress.

Tuesday, August 30

  • Of the 14,900 deleted emails that the FBI recovered from Hillary Clinton’s private email server, roughly 30 may pertain to the 2012 terrorist attack in Benghazi, the Associated Press reports. A lawyer for the State Department requested to have until the end of September to review the documents and redact classified information before releasing them.
  • The conservative group Judicial Watch submitted 25 questions to Hillary Clinton about her use of a private email server during her tenure as secretary of state. U.S. District Court Judge Emmet Sullivan ordered Clinton to answer all 25 questions in a written statement under oath. According to Judicial Watch, Clinton has until September 29 to respond. Judicial Watch had requested to question Clinton in person, but Sullivan denied the request.
  • The editorial board of The New York Times called for the Clinton Foundation to cease accepting financial donations from foreign entities and corporations and for Hillary, Bill, and Chelsea Clinton to cut all ties to the foundation if Clinton wins the general election in November. The board wrote, “A wiser course would be to ban contributions from foreign and corporate entities now. If Mrs. Clinton wins, Bill and Chelsea Clinton should both end their operational involvement in the foundation and its affiliates for the duration of her presidency, relinquishing any control over spending, hiring and board appointments. … The Clinton Foundation has become a symbol of the Clintons’ laudable ambitions, but also of their tangled alliances and operational opacity. If Mrs. Clinton wins, it could prove a target for her political adversaries. Achieving true distance from the foundation is not only necessary to ensure its effectiveness, it is an ethical imperative for Mrs. Clinton.”
    • See also: The Clinton Foundation
  • In an interview with Yahoo! News, Jill Stein called “undemocratic” the requirement by the Commission on Presidential Debates that presidential candidates must reach 15 percent in national polls to participate in general election debates. “American people are begging for other choices. Let’s insure that we have a real debate here, then let the chips fall as they may,” said Stein.
  • Arizona held congressional primaries.
  • Florida held congressional primaries.
    • The U.S. Senate seat currently held by Marco Rubio (R) is up for election in 2016. Although he initially announced that he would not seek re-election, Rubio joined the race just days before the state’s filing deadline. Rubio easily defeated Carlos Beruff, Ernie Rivera, and Dwight Young in the Republican primary. On the Democratic side, Rep. Patrick Murphy defeated Rep. Alan Grayson, Pam Keith, Roque De La Fuente, and Reginald Luster to win the nomination. The Senate race between Rubio and Murphy is one of nine Senate battleground races in November.
    • Florida has 27 U.S. House districts. The Republican Party currently holds 17 seats to the 10 seats of the Democratic Party. Court-ordered redistricting left the majority of the state’s House districts with at least minor changes, and several districts saw radical shifts.
    • Twenty of the state’s 27 House incumbents are seeking re-election in some capacity in 2016. Due to redistricting, not all incumbents seeking re-election are doing so in their former districts. Nine of those 20 incumbents seeking re-election faced at least one primary challenger on Tuesday.
    • There are two House battleground districts in Florida in 2016: Districts 18 and 26. District 18 was left open due to incumbent Patrick Murphy’s (D) U.S. Senate run. Randy Perkins (D) and Brian Mast (R) won their respective primaries. In Florida’s 26th District, Joe Garcia defeated Annette Taddeo in the Democratic primary. Garcia will face incumbent Carlos Curbelo (R) in the general election.
    • There were three primary races to watch in Florida in 2016.
      • District 5 Democratic primary: Incumbent Corrine Brown was defeated by former state Sen. Al Lawson. Brown is the fifth U.S. House incumbent to lose a primary in 2016. She was indicted earlier in the year on charges of mail and wire fraud, conspiracy, obstruction and filing of false tax returns. Additionally, due to redistricting, Brown currently represents only about 38 percent of the newly drawn 5th District. Florida’s 5th District is rated safely Democratic in the general election.
      • District 11 Republican primary: District 10 incumbent Daniel Webster defeated Justin Grabelle—the former chief of staff to the retiring incumbent of District 11, Rich Nugent—in the primary. Florida's 11th District was another example of a race in which redistricting played the primary role in making an incumbent vulnerable. However, Webster won the primary by a comfortable 60-40 margin.
      • District 23 Democratic primary: Incumbent Debbie Wasserman Schultz defeated Tim Canova in the primary. Heading into the primary, Wasserman Schultz had the endorsement of President Barack Obama and a lead in overall fundraising, while Canova had the backing of Sen. Bernie Sanders. The race received national attention in July 2016, when DNC emails were made public suggesting that the DNC, of which Wasserman Schultz was chair at the time, was favoring Democratic presidential nominee Hillary Clinton.
  • President Barack Obama commuted the sentences of 111 people, which brought the total number of commutations for the month of August to 325, “the greatest number of commutations ever granted by a president in a single month.” Most of the individuals were serving sentences for nonviolent drug crimes. According to a White House press release, “The 325 commutations the President has granted in just one month is more than any president granted in a single year for nearly a century.” Additionally, “To date, President Obama has granted 673 commutations: more commutations than the previous ten presidents combined. More than one-third of the President’s commutation recipients, or 232 individuals, were serving life sentences.”
  • Dr. Thomas R. Frieden, the director of the Centers for Disease Control and Prevention, said that as of Friday, the center had spent $194 million of the $222 million it was allocated to fight the Zika virus. A large portion of the funding has been spent to kill the disease-carrying mosquitoes in Miami-Dade County in Florida, but, according to The New York Times, “if Florida has another cluster of Zika cases, or if one surfaced in another state, the agency would not be able to send emergency funds, Dr. Frieden said.” Congress left for summer recess without passing a $1.1 billion Zika funding bill, but the Senate is expected to vote on the bill when they return to Capitol Hill next week. It will be difficult to pass unless lawmakers can compromise. Democrats oppose the bill because it would prevent Planned Parenthood from getting funding “for contraception to combat spread of the virus, which can be sexually transmitted.”
  • The U.S. Fish and Wildlife Service reached a settlement with the Center for Biological Diversity (CBD) requiring the agency to consider the listing of nine species under the Endangered Species Act before the year 2020. The CBD sued the Fish and Wildlife Service in March 2016, alleging that the agency missed legal deadlines to list the species despite the agency’s previous findings that the species warranted federal protection. One of the first species to be considered is the Northern Rockies fisher, a cat-sized weasel that inhabits Idaho, Montana, and Wyoming. The agency must make a listing decision by October 2017. Another species is the alligator snapping turtle, which inhabits Florida. A decision on the turtle must be made before 2020. Other species include the California spotted owl, the Beaverpond marstonia (a freshwater snail), the foothill yellow-legged frog, and the cobblestone tiger beetle, among others. The settlement must be approved by Judge Emmet G. Sullivan before going into effect. Proponents of the settlement have argued that the lawsuit was necessary to compel the agency to act on listing species that warranted federal protection. Opponents of the settlement have argued that the settlement represented another attempt by environmental groups to set endangered species policy via suing and settling with the federal government.
  • On Sunday, New York Times columnist Jim Rutenberg criticized presidential candidates Hillary Clinton (D) and Donald Trump (R) and the Obama administration for their lack of transparency with the media. Rutenberg wrote, “Right now, every signal from Mrs. Clinton is that should she win, her administration would continue the tradition of being still more secretive than the one before it; the Obama White House has achieved just that with its abysmal record on fulfilling Freedom of Information Act requests and its record of prosecuting whistle-blowers who have shared national security information with the press.” White House Press Secretary Josh Earnest wrote an op-ed in response to the article criticizing Rutenberg for not “giving credit where it is due” and acknowledging the Obama administration’s transparency efforts. Earnest wrote that the administration has made White House visitor logs public, allowed the press to cover fundraisers at private homes, and released data sets on Data.gov.

Wednesday, August 31

  • Hours before his speech in Arizona, Trump met with Mexican President Enrique Peña Nieto. The meeting was private, but afterwards Trump and Peña Nieto held a brief press conference and took questions. Trump reiterated his opposition to NAFTA and illegal immigration as well as his support for strong immigration laws and border security, saying, “having a secure border is a sovereign right and mutually beneficial.” But Trump also commented on his personal relationship with Mexicans, his desire to keep jobs in the Western Hemisphere, and the United States’ relationship with Mexico.
    • Personal relationship with Mexicans and Mexican Americans: “And I happen to have a tremendous feeling for Mexican Americans not only in terms of friendships, but in terms of the tremendous numbers that I employ in the United States and they are amazing people, amazing people. I have many friends, so many friends and so many friends coming to Mexico and in Mexico. I am proud to say how many people I employ.”
    • Jobs in the Western Hemisphere: “There are many improvements that could be made that would make both Mexico and the United States stronger and keep industry in our hemisphere. We have tremendous competition from China and from all over the world. Keep it in our hemisphere. Workers in both of our countries need a pay raise, very desperately. … When jobs leave Mexico, the U.S. or Central America and go over seas, it increases poverty and pressure on social services as well as pressures on cross border migration.”
    • U.S.-Mexico relations: “The United States and Mexico share a 2,000-mile border, a half a trillion dollars in annual trade and one million legal border crossings each and every day. We are united by our support for democracy, a great love for our people and the contributions of millions of Mexican Americans to the United States.”
  • When asked if he discussed with President Peña Nieto his plan for Mexico to pay for a wall along the U.S.-Mexico border, Trump said, “We did discus the wall, we didn't discuss payment of the wall. That will be for a later date.” Later, however, Peña Nieto tweeted, “At the beginning of the conversation with Donald Trump, I made clear that Mexico will not pay for the wall” (translation).
  • Hillary Clinton delivered a speech focused on American exceptionalism at the American Legion national convention in Ohio. She said, “When we say America is exceptional, it doesn't mean that people from other places don't feel deep national pride just like we do. It means that we recognize America's unique and unparalleled ability to be a force for peace and progress, a champion for freedom and opportunity. … And it’s not just that we have the greatest military or that our economy is larger than any on Earth. It’s also the strength of our values, the strength of the American people. Everyone who works harder, dreams bigger and never, ever stops trying to make our country and the world a better place. And part of what makes America an exceptional nation, is that we are also an indispensable nation. In fact, we are the indispensable nation.”
  • James Clad, a former deputy assistant secretary of defense under George W. Bush, endorsed Clinton. He said, “Secretary Clinton has demonstrated her skills as Secretary of State, especially but by no means exclusively in helping other Asian countries counter Chinese bullying in the western Pacific. For Republicans and Democrats alike, everything in national security requires clarity and steadiness, whether managing nuclear weapons or balancing great power rivalries. Our adversaries must never hear flippancy or ignorance in America’s voice. They should never take satisfaction from an incompetent president. Giving an incoherent amateur the keys to the White House this November will doom us to second or third class status.”
  • Bill Weld, Gary Johnson’s running mate, published an op-ed in RedState on gun rights. Weld said, “Being a committed supporter of the Constitution means that I support the First Amendment, the Second Amendment, and the entire Bill of Rights. … I agree with the D.C. v. Heller decision. Politicians can't simply ignore part the Constitution because they think it doesn't or shouldn't apply in today's society.” He also commented on calls to regulate semi-automatic weapons, saying, “The problem with banning semi-automatic weapons like the AR-15 is that it is functionally no different from a standard hunting rifle. … However, it makes sense to draw a clear line between legitimate semiautomatic weapons and fully automatic ones.”
  • Department of Transportation Secretary Anthony Foxx participated in the first commercial passenger flight from the United States to Cuba in more than 50 years. He wrote in a blog post, “Today, I was honored to be part of an historic occasion – arriving in Cuba on the first scheduled flight from the United States in over 50 years, a JetBlue Airways flight from Fort Lauderdale to Santa Clara. … While today’s announcement is an exciting step in the Obama Administration’s historic effort to normalize relations with Cuba, please remember that travel to Cuba for tourist activities remains prohibited by law, and travelers need to fall under one of 12 categories authorized by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).”
  • Mike Fernandez, a major donor for Jeb Bush and Rick Scott, said in a Miami Herald op-ed that he plans to vote for Clinton. He said, “I take my civic responsibilities very seriously. None more so than the solemn duty to elect the president of our country. Donald Trump is neither representative of our values nor qualified to lead the nation. … I have arrived at this difficult moment. A moment that may define leaders and followers. I harbor no illusion that Hillary Clinton is perfect; none of us is. I do not see eye to eye on some issues with the former senator from New York. However, Clinton is, without doubt, a superior choice to Donald Trump. … And so my fellow Republicans, swallow hard, look into your heart — and your gut. Vote for Hillary Clinton and then every single Republican on the ticket.”
  • The U.S. Food and Drug Administration (FDA) announced it will now require the placement of boxed warnings on the labels of opioids, used as painkillers, and benzodiazepines, primarily used to treat anxiety. The boxed warning is the strongest category of the FDA’s label warnings, and its appearance on the two classes of medications is intended to alert patients to the dangers of using them in combination. When used together, the medications can cause extreme sleepiness, respiratory depression, coma, or death. The agency’s press release noted the current opioid epidemic and stated that the new regulations were part of its plan to combat opioid abuse and overdoses. In March 2016, the FDA began requiring short-acting opioid medications to carry a boxed warning about the risk of addiction, abuse, overdose, and death, but the agency has been criticized for what some perceive as a slow response to the epidemic.
  • President Barack Obama (D) announced federal programs aimed at assisting the Western United States in adapting to the potential effects of climate change. Most of the spending will come from the U.S. Interior Department, which is expected to spend more than $30 million. The spending will go toward removing dead and dying trees on private and federal land to reduce the risk of forest fires. The U.S. Fish and Wildlife Service will distribute approximately $1 million to keep out invasive mussel species in Lake Tahoe, while the U.S. Environmental Protection Agency (EPA) will distribute a $230,000 grant for stormwater management efforts to improve Lake Tahoe’s water quality. The U.S. Department of Energy will distribute approximately $29 million for geothermal energy research in Nevada and Utah. Other programs include pollution cleanup efforts in California’s Salton Sea.

Thursday, September 1

  • Hillary Clinton announced an August fundraising total of $143 million. Of that total, $62 million went to her campaign, while $81 went to the Democratic Party and state parties. Clinton’s campaign began September with $68 million on hand. Her campaign raised $90 million in July and began August with $58.5 million on hand.
  • The State Department announced that it will release all of Hillary Clinton’s planning schedules from her time as secretary of state before the November general election. The State Department had previously said that releasing the schedules—which contain detailed information on Clinton’s day-to-day routine as secretary—would not happen until after the election.
  • Two retired four-star generals, Gens. Bob Sennewald and David Maddox, endorsed Clinton. In a statement, they said, “Having each served over 34 years and retired as an Army 4-star general, we each have worked closely with America’s strongest allies, both in NATO and throughout Asia. Our votes have always been private, and neither of us has ever previously lent his name or voice to a presidential candidate. Having studied what is at stake for this country and the alternatives we have now, we see only one viable leader, and will be voting this November for Secretary Hillary Clinton.”
  • Donald Trump gave a speech at the American Legion national convention in Ohio, where he discussed his goal of advancing “Americanism—not Globalism.” Trump said, “Together, we are going to work on so many shared goals. But I want to begin by discussing one goal that I know is so important to all of you: promoting American pride and patriotism in America’s schools. In a Trump Administration, I plan to work directly with the American Legion to uphold our common values and to help ensure they are taught to America’s children. We want our kids to learn the incredible achievements of America’s history, its institutions, and its heroes. We will stop apologizing for America, and we will start celebrating America. We will be united by our common culture, values and principles – becoming One American Nation. One country, under one constitution, saluting one American Flag. The flag all of you helped to protect and preserve. That flag deserves respect, and I will work with American Legion to help to strengthen respect for our flag – and, by the way, we want young Americans to recite the Pledge of Allegiance.”
  • Several Latino supporters of Trump’s campaign stated that they are considering withdrawing their support for Trump following his immigration speech in Arizona on Wednesday, Politico reports. Jacob Monty, a member of Trump’s National Hispanic Advisory Council, resigned from the council and said, “I was a strong supporter of Donald Trump when I believed he was going to address the immigration problem realistically and compassionately. What I heard today was not realistic and not compassionate.” Ramiro Pena, also a member of the council, said, “I am so sorry but I believe Mr. Trump lost the election tonight. The 'National Hispanic Advisory Council' seems to be simply for optics and I do not have the time or energy for a scam.”
  • Gary Johnson objected to the use of the term “illegal immigrant” in an interview with Townhall. He said, “If you use the term illegal immigrants, that is very incendiary to our Hispanic population here in this country.” When the host, Guy Benson, asked why, Johnson responded, “It just is. Just so that you know. Just so that you know and you don't have to use that term. … They came into this country because they couldn't get in legally and the jobs existed and you or I would have done the same thing. And what we're talking about now, coming from New Mexico, a population with 48 percent Hispanic, how's the crack-down on 11 million undocumented workers going to work out? It's going to be dragging people from their homes, that's how it's going to work out.”
  • A Morning Consult poll found that 52 percent of voters think Gary Johnson should be included in the first presidential debate on September 26, 2016, while 47 percent think Jill Stein should be included. The Commission on Presidential Debates requires candidates to reach 15 percent in an average of five national polls in order to participate in the debates. In an aggregation of national polls by Real Clear Politics, Johnson averages 7.6 percent and Stein averages 3.2 percent.
  • Two federal judges assumed senior status on Thursday, creating vacancies on their respective courts. As Article III judges, the successors to both Judge C. Ashley Royal of the U.S. District Court for the Middle District of Georgia and Judge Susan Ritchie Bolton of the U.S. District Court for the District of Arizona must be nominated by the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.
  • According to a report released by the Institute for Science and International Security, the United States and members of the P5+1 “secretly” gave Iran exemptions from some requirements of the Joint Comprehensive Plan of Action, the formal name of the nuclear agreement with Iran, so that Iran could receive relief from economic sanctions. A senior official said that without the exemptions, Iran would not have met the requirements of the JCPOA by the January 16, 2016, deadline. David Albright, a former U.N. weapons inspector and co-author of the report, said, "The exemptions or loopholes are happening in secret, and it appears that they favor Iran." The Obama administration denied having any secret agreements and said that Congress was informed of the exemptions on January 16 of this year after the exemptions were granted. Senator Robert Menendez (D-N.J.), told Reuters in an email, "I was not aware nor did I receive any briefing (on the exemptions).” The P5+1 granted the following exemptions to Iran:
    • Two exemptions that allowed the nation “to exceed the deal's limits on how much low-enriched uranium (LEU) it can keep in its nuclear facilities, the report said. LEU can be purified into highly enriched, weapons-grade uranium.”
    • One exemption that allowed Iran “to keep operating 19 radiation containment chambers larger than the accord set,” which are “used for handling radioactive material but can be ‘misused for secret, mostly small-scale plutonium separation efforts,’ according to the report.”
    • One exemption that allowed Iran to ship 50 tonnes of heavy water to Oman, “where it was stored under Iranian control.”

Friday, September 2

  • The FBI released notes from its July 2016 interview with Hillary Clinton and a report on its investigation of Clinton’s use of a private email server while she was secretary of state. The FBI made the information public in response to numerous Freedom of Information Act requests. Both documents can be read on the FBI website. Both the Trump and Clinton campaigns released statements on the release of the documents.
    • The Trump campaign said, “The notes from her FBI interview reinforce her tremendously bad judgment and dishonesty. Clinton’s secret email server was an end run around government transparency laws that wound up jeopardizing our national security and sensitive diplomatic efforts. … Clinton’s reckless conduct and dishonest attempts to avoid accountability show she cannot be trusted with the presidency and its chief obligation as commander-in-chief of the U.S. armed forces.”
    • The Clinton campaign said, “We are pleased that the FBI released the materials … as we had requested. While her use of a single email account was clearly a mistake … these materials make clear why the Justice Department believed there was no basis to move forward with this case.”
  • The Commission on Presidential Debates announced the moderators for the 2016 presidential debates. They are listed below.

 

Congress is IN session SCOTUS is NOT in session
Congress will return from summer recess on Tuesday, September 6, and will be in session from Tuesday to Friday. It was the “longest summer recess in at least three decades,” according to Roll Call. The Supreme Court is in recess until Monday, October 3. For a detailed breakdown of last term, see Ballotpedia’s Supreme Court end of term review, 2015.

What’s On Tap Next Week

Monday, September 5

Thursday, September 8

  • Massachusetts will hold congressional primaries.
    • There is no U.S. Senate election in Massachusetts in 2016.
    • Massachusetts has nine U.S. House districts. The Democratic Party currently holds all nine seats. All nine incumbents are seeking re-election, but none face a primary challenger on Tuesday. All nine of Massachusetts’ House races are rated safely Democratic in the general election.
    • Massachusetts’ 9th District Republican primary between Mark Alliegro and Tom O’Malley is the only contested congressional primary in the state.
    • Massachusetts is holding its primary on a Thursday rather than a Tuesday so that it does not immediately follow Labor Day. This is in order to prevent extra costs, so that workers would not need to be paid overtime to set up polling places on the holiday. Massachusetts also held its primaries on a Thursday in 2012 for the same reason.

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Where was the president last week? Federal judiciary
President Barack Obama traveled to Lake Tahoe, Nevada, on Wednesday to deliver a speech on climate change. He then flew to Hawaii to be briefed by the U.S. Fish and Wildlife Service regarding the Papahānaumokuākea Marine National Monument. Obama then flew to China where he will be this weekend for the G20 Summit.  
  • 99 total federal judicial vacancies
  • 60 pending nominations
  • 14 future vacancies

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

State and Local

What's on tap?

A discussion about ballot measures in the New York Times. This week, an op-ed by Ballotpedia, “Ballot Measures: American Direct Democracy at Work,” ran in the New York Times. The article, the first in a planned three-part series, focused on the history of ballot measures. If you missed it, you can read the op-ed here.

 

Highlights

Local

On Wednesday, August 31, the Minnesota Supreme Court unanimously ruled that neither a $15 minimum wage proposal nor a police insurance proposal could go before Minneapolis voters on the ballot on November 8, 2016. The court released a brief opinion stating that the Minneapolis city charter does not grant citizens the right to vote on policy decisions. Instead, full power over policy is vested with the city council. The court also said that the police insurance proposal, which would require police officers to carry professional liability insurance, would conflict with a state law that requires cities to back employees in legal matters.

    • Ginger Jentzen, director of minimum wage advocacy group 15 Now, expressed frustration over the decision. According to Jentzen, months of activism had created support for the higher minimum wage on city council. “Clearly, pushing on the City Council for $15 as an ordinance is the path we want to go down now,” Jentzen commented. While Mayor Betsy Hodges (D) has expressed tentative support for a minimum wage increase, the Minneapolis Regional Chamber of Commerce interim president supports only state-level minimum wage reform, not changes at the city level.
    • Backers of the police insurance reform also expressed frustration with the decision. The chairman of the Committee for Professional Policing, the group that authored the police insurance proposal, said they are exploring legal action in the matter.
    • In response to both sides, City Attorney Susan Segal said that the decision was about a legal matter and not a comment on the merits of either issue. Minneapolis is the largest city in Minnesota and the 46th-largest city in the U.S. by population.
  • Learn more about local debates over minimum wage in our local section below.

State

On Wednesday, August 31, the United States Supreme Court denied North Carolina's request for a stay of an appellate court decision that overturned a 2013 election reform law that established a photo ID requirement for voters. The 2013 law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and established a photo identification requirement for voters. The law was upheld by a federal judge in April, but the United States Court of Appeals for the 4th Circuit overturned that decision in July. The Fourth Circuit found that the law had been enacted with racially discriminatory intent. The court's opinion read, "In North Carolina, restriction of voting mechanisms and procedures that most heavily affect African Americans will predictably redound to the benefit of one political party and to the disadvantage of the other. As the evidence in the record makes clear, that is what happened here." State officials had petitioned the United States Supreme Court for a stay of that ruling and requested that the high court intervene and allow the state to enforce its voter ID requirement, maintain 10 days of early voting (as opposed to the 17 mandated by the Fourth Circuit), and eliminate pre-registration of 16-year-olds. The high court voted 4-4 on the matter, thereby allowing the Fourth Circuit's decision to stand.

 

State

The Week in Review

Ballot measures update

  • In 2016, 157 measures across 35 states have been certified for the ballot, and most of those will be decided during the November election.
    • Seventy-five of the 157 measures certified this year are citizen initiatives. That is more than double the 35 citizen initiatives certified in 2014; in fact, this year features more citizen initiatives on the ballot than in any year since 2006. Low turnout in the 2014 elections likely contributed to more citizen initiatives being proposed and certified, as fewer total votes cast in 2014 led to a reduced signature burden in 2016 in many states.
    • One initiative in Oklahoma is still pending signature verification, but a lawsuit over the measure’s ballot title will likely prevent it from going on the November 2016 ballot even if the petition is certified as sufficient.
    • By this time in 2014, a total of 156 measures—including legislative referrals—had been certified for the ballot.
    • Two new measures were certified for the ballot this week.
  • Eight statewide ballot measures have been decided so far in 2016. Seven were approved.
  • There are no more state ballot measure elections before the November election.
    • The seventh and last pre-November ballot measure election occurred in Florida on August 30; voters approved Amendment 4, the only measure on the ballot.
  • Ballotpedia has coverage of ballot measures going back to 1777.

Saturday, August 27

Monday, August 29

  • Oklahoma Attorney General Scott Pruitt sent revised ballot language for State Question 788, the Oklahoma Medical Marijuana Legalization Initiative, to the state supreme court. Petitioners have objected to the new ballot language and could sue, a process that would extend beyond the deadline for putting measures on the November ballot. Initiative proponents said that Pruitt did not write a ballot title that represented the entirety of the proposal but only selected “items in the title which would cause fear or uncertainty.” According to the attorney general, signatures were not submitted early enough to allow for the full ballot title process to unfold and for the election board to print and deliver ballots. Although the measure is unlikely to qualify for the November 2016 ballot, it would still be eligible to appear on the November 2018 ballot or in a special election called by the governor since enough signatures were verified to qualify it for the ballot.

Tuesday, August 30

  • Florida held its primary election for the state’s legislature. No incumbents were defeated by challengers in either the Senate or the House. In total, only three incumbents saw primary challengers in the Senate, while 11 faced challengers in the House.
  • Primary election in Arizona: Arizona held its primary election for the state’s legislature. Four incumbents were challenged in the Senate, while 18 faced opposition in the House.
    • In the Senate, Republican incumbent Jeff Dial of District 18 was defeated by challenger Frank Schmuck. Democratic incumbent Martin Quezada, who narrowly defeated Lydia Hernandez in the 2014 primary election for Senate District 29, defeated Hernandez again this year.
    • In the House, two Democratic incumbents were defeated. Matt Kopec of District 9, who was appointed in January of this year to take over Victoria Steele's position, was defeated by challenger Pamela Hannley. Two challengers each earned more votes than incumbent Celeste Plumlee of District 26, bumping her out of the seat she had taken in 2015. Republicans David Stringer and Chip Davis, both challengers, competed for the second seat in District 1. Stringer defeated Davis by 28 votes, triggering an automatic recount for the seat. District 1 incumbent Noel Campbell secured her seat in the primary and will advance to the general election.
  • Special primary election: Wyoming
    • In state House District 18, a special election was held in House Precinct 5-4 to determine the winner of the August 16, 2016, Republican primary, in which officials say that election workers gave out 98 incorrect ballots before the mistake was discovered. According to unofficial results, Scott Heiner defeated Thomas Crank and three other challengers in the special election. Sweetwater County Clerk Dale Davis does not believe that the precinct results will have an impact on the overall race. Thomas Crank won the original primary by 42 votes. In the special election, Crank received six fewer votes than he did in the August 16 primary in that same precinct. The exact winner will not be determined until the state canvassing board meets on September 6 to certify the results. With Republican Matt Mead as the state’s governor, Wyoming is one of 23 Republican state government trifectas.
  • Republican incumbents Andy Tobin and Robert Burns fended off primary challengers for their seats on the Arizona Corporation Commission. Three seats are up for election in November. Tobin, Burns, and Boyd Dunn are the Republican nominees for the seats. During the primary race, Tobin coordinated with Dunn and Rick Gray in an attempt to unseat fellow Republican Commissioner Burns because of disagreements the two had about solar energy policy. Tobin’s plan was unsuccessful, as Burns took first place in the Republican primary. Tobin, Burns, and Dunn will face Democrats Tom Chabin and former Commissioner William Mundell in November. Republicans currently enjoy a 5-0 majority on the commission.
  • The Pennsylvania State Senate unanimously confirmed Bruce Beemer (D) to serve as acting attorney general for the remainder of Democrat Kathleen Kane's term, which ends in January 2017. Kane had been convicted on charges of perjury and obstruction on August 15 and resigned two days later. She was automatically succeeded by her first deputy, Republican Bruce Castor. Governor Tom Wolf (D) nominated Beemer to serve out the remainder of the term on August 18. Castor held the seat until Beemer was sworn in on August 30—at which time, the office shifted back to Democratic control. Beemer formerly served as first deputy attorney general under Kane, but he left the office after his name appeared on a witness list for the prosecution in Kane's August 2016 criminal trial. He was serving as inspector general, a position to which he was also appointed by Governor Wolf, at the time of his appointment as acting attorney general. The office is up for election in 2016; neither Beemer nor Castor are eligible to run for a full term as filing deadlines have already passed.

Wednesday, August 31

  • The Arizona Supreme Court dismissed a lawsuit seeking to remove Proposition 205, the marijuana legalization initiative, from the ballot. The supreme court agreed with a lower court ruling that the initiative petition complied with legal requirements. Arizonans for Responsible Drug Policy, which filed the lawsuit, argued that that the petition summary was misleading and incomplete and that the initiative text failed to provide required funding mechanisms. Representatives of the group opposed to the measure responded to losing the court case by saying they would focus on convincing voters to reject Proposition 205 in November.
  • Moody’s Investor Services released a report about Illinois’ finances, warning the state that its failure to pass a full budget could more than double the state deficit and result in credit downgrades. The report warned that if the state borrowed from debt service funds to finance state programs and services, it would “signal a deterioration in Illinois’ credit position.” Illinois lawmakers have passed a stop-gap budget to continue functioning, but they have not approved a full budget for the fiscal year. The legislature is not expected to do so until after the November elections. Moody's has already downgraded Illinois’ rating this year, down to Baa2, as a result of the budget impasse.
  • Minnesota Supreme Court Justice Christopher Dietzen retired. He is succeeded by Justice Anne McKeig, who was appointed in June by Gov. Mark Dayton (D). McKeig will serve until 2019 and must stand for nonpartisan election in 2018 if she wishes to remain on the bench for a full six-year term. With the retirement of Dietzen, who was appointed by Gov. Tim Pawlenty (R), and the appointment of McKeig, the balance of the court has shifted from a 4-3 majority of justices appointed by Republican governors to a 4-3 majority of justices appointed by Democratic governors. Justice Natalie Hudson, who was appointed by Gov. Mark Dayton in 2015, is up for election to a full term in November; she is being challenged by attorney Michelle MacDonald.

Thursday, September 1

  • The Pennsylvania Public Utility Commission voted to uphold an $11.4 million dollar fine it levied against ride-sharing company Uber Technologies Inc. in April 2016. The commission's bureau of investigations filed formal complaints against the Uber and Lyft, another ride-sharing company, for operating in the state without a license in 2014 and for ignoring cease-and-desist orders. Lyft ultimately settled with the commission or $250,000 in July 2015, while two judges for the commission recommended a $49.9 million dollar fine for Uber in November 2015. After consideration, the commission reduced the fine to $11.4 million in April 2016. At the time, Governor Tom Wolf (D) signed a letter to the commission saying that the fine "constitute[d] a civil penalty on innovation, threatening the company’s ability to harness new technologies and create the jobs of tomorrow." Commission Chairman Gladys Brown said of the decision: "When a regulated entity is given notice that it is violating the law and it ignores those notices, it does so to its own detriment."

Friday, September 2

  • Bill Kinter, a Nebraska State Senator who has been embroiled in a cybersex scandal, has decided not to resign from his position. Kintner admitted last year to engaging in cybersex using a government computer after the woman involved in the scandal attempted to extort him. Last week, the state legislature’s executive board unanimously agreed to send Kinter a letter asking for his immediate resignation, and asked for his decision by the end of the work day. Kinter announced he would not resign. Before this announcement, he sent letters to his constituents apologizing for his actions, and paid a $1,000 fine for using his government-issued computer for “illegal use of state property.”

 

What’s On Tap Next Week

Thursday, September 8

 

State government in session

No states are in regular session; Ohio is in a skeleton (non-voting) session. Massachusetts is in an informal session.

  • Skeleton session: In a typical skeleton session, a clerk, a presiding officer, and another legislative member are the only people present. The presiding officer will convene the session day and adjourn it minutes later. Lawmakers who live more than 50 miles from the statehouse can deduct lodging and meal expenses on their federal income tax forms for each day the legislature is in skeleton or regular session.
  • Informal session: In an informal session, no attendance is taken and only a few members attend the session. These sessions address day-to-day business and non-controversial bills. The bills do not require debate or a roll-call vote, and they must be passed unanimously. If one member objects, the measure is blocked.

Five states are in recess:

  • MI and AL special session until 9/6
  • NJ until 9/8
  • PA until 9/19
  • CA until 11/30

The following states have adjourned their regular sessions:

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

Four states have no regular sessions in 2016:

  • 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, 45 seats have been filled through legislative special elections in 2016. Nine involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85). Another 11 (not including runoff elections) have been scheduled in seven 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).

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Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering municipal elections across 46 of America's 100 largest cities by population, local judicial elections across all 39 states holding elections, school board elections across 643 of 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 27 city elections, 27 states with local judicial elections, 259 school board elections, and 162 local ballot measure elections 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.

Monday, August 29

  • In New York City, Republicans had their petition approved to create a “Stop de Blasio” party for the general election on November 8, 2016. The party will endorse two Republican candidates for New York State Assembly, Rebecca Harary and Jon Kostakopoulos. New York County GOP Chairwoman Adele Malpass said that the new party would allow Democratic and independent voters unhappy with the city’s mayor an opportunity to vote for alternative candidates without feeling uncomfortable voting for a Republican. Malpass speculated that if the candidates in this party prove successful, the “Stop de Blasio” party could be used during the city’s 2017 elections. New York City is the largest city in New York and the largest city in the U.S. by population.
  • FILING DEADLINE: Deadline passed to file in the general election for eight school board seats across two of Wyoming’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 26,751 students during the 2013-2014 school year, which was 29.2 percent of all Wyoming public school students.

Tuesday, August 30

  • In Illinois, the Chicago Teachers Union (CTU) called for a strike authorization vote on a potential October walkout in Chicago Public Schools (CPS). The possible strike is a response to multiple rounds of failed contract negotiations between CTU, CPS, and Chicago Mayor Rahm Emanuel (D). Contract negotiations to replace a pact that expired in June 2015 have been underway for more than a year. The CTU’s bargaining team rejected a contract proposal that was presented as part of the district’s operating budget in January 2016. A second contract proposal, presented to the CTU in April 2016, was also rejected after teachers staged a one-day walkout. CTU vice president Jesse Sharkey said that 88 percent of union members would allow leaders to call a strike, more than the 75 percent required by law. Although Sharkey would not release specific details about the authorization vote, he did say that union leaders must now speak with the CTU’s House of Delegates to plan the union’s next actions. “We want to avoid a strike, that’s important to say. But we’re not prepared to see further cuts made to schools and the people who work in them,” said Sharkey. Chicago Public Schools is the largest school district in Illinois and the third-largest school district in the United States. It served 396,641 students during the 2013-2014 school year—19.2 percent of all Illinois public school students.
    • The turmoil between CPS and the CTU has been ongoing:
      • On August 24, 2016, the CPS school board unanimously approved a $5.4 billion operating budget for 2016-2017. The budget includes $30 million in concessions from the CTU. In response, Chicago teachers marched in front of CPS headquarters. The budget was first proposed in early August and includes increased property taxes and personnel cuts. It also offers gradual pay increases for teachers and phases out district payments into CTU pension and insurance funds. The inclusion of $945 million in borrowing for unspecified construction projects received backlash from CTU leaders after 1,000 teachers, aides, and support staff were laid off earlier in August due to district budget shortfalls.
  • The criminal justice committee of the New Orleans City Council voted 4-0 to move a gun regulations ordinance to the full city council for a vote. The ordinance creates firearm-free zones such as school campuses, school buses, and city-owned parks. It also imposes a $250 fine on individuals who fail to report it if their firearms are stolen. The ordinance includes two other provisions. It bans guns that have had their serial numbers removed, with exceptions for antique or inoperable firearms, and outlaws the negligent handling of a firearm, partially defined as “when a firearm is handled in a way that it’s foreseeable that the firearm will discharge.” Mayor Mitch Landrieu (D) spearheaded the ordinance and announced its conception in April 2016 during a news conference at Bunny Friend Park. The park was the scene of a mass shooting in 2015, which injured 17 people. Criminal justice committee chairwoman Susan Guidry also asked the New Orleans Police Department to begin publishing the number of guns that are stolen in the city. New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S. by population.
  • In Arizona, four of the state’s largest cities held primary elections for municipal offices. Although the cities referred to them as primary elections, they were functionally general elections because candidates who received more than 50 percent of the vote were automatically elected. Any remaining seats will be decided in the election on November 8, 2016.
    • Chandler: Three at-large city council seats were up for primary election. Eight candidates, including incumbent Nora Ellen, ran for the three seats. Two other incumbents are retiring and did not seek re-election. Ellen and challenger Sam Huang won two of the three seats. They won their seats outright because they each received votes on a majority of the primary ballots. Candidates Matt Eberle and Mark Stewart advanced to the November election for the final seat up for election. Chandler is the fourth-largest city in Arizona and the 79th-largest city in the U.S. by population.
    • Gilbert: The mayor’s office and two at-large city council seats were up for primary election. Councilwoman Jenn Daniels ran for mayor instead of seeking re-election to her council seat. She won the race unopposed. Seven candidates, including incumbent Jared Taylor, ran for the two city council seats. Taylor and three other candidates advanced to the November election. Gilbert is the sixth-largest city in Arizona and the 92nd-largest city in the U.S. by population.
    • Glendale: The mayor’s office and three city council seats were up for primary election. Mayor Jerry Weiers (R) defeated one challenger to retain his seat. Yucca District representative Samuel Chavira was defeated by challenger Joyce Clark. The other two city council members were unopposed. City council members in Glendale serve individual districts rather than serving at large. Glendale is the fifth-largest city in Arizona and the 87th-largest city in the U.S. by population.
    • Mesa: The mayor’s office and three city council seats were up for primary election. City council members in Glendale serve individual districts rather than serving at large. Mayor John Giles (R) ran unopposed in his re-election bid. The other three races featured no incumbents because all three were term-limited and ineligible to run again. District 1 candidate Mark Freeman and District 3 candidate Ryan Winkle won their seats outright because they each won more than 50 percent of the vote in the election. In District 3, two candidates advanced to the November election. Mesa is the third-largest city in Arizona and the 38th-largest city in the U.S. by population.
  • In Florida, 60 local judgeships were up for primary election. Although the state referred to it as a primary election, it was functionally a general election because any candidate who won a majority of votes in his or her race was automatically elected to the position. In races where no candidate received a majority, the top two vote recipients advanced to an election on November 8, 2016. More than three-quarters of Florida’s 252 seats up for election were not voted on in either a primary or general election this year as only one candidate filed to run in each of those races.
  • In Florida, 94 school board seats across 38 of the state’s largest school districts by enrollment were up for primary election. Although the state referred to it as a primary election, it was functionally a general election because any candidate who won a majority of votes in his or her race was automatically elected to the position. In races where no candidate received a majority, the top two vote recipients advanced to an election on November 8, 2016. These districts served 2,590,841 students during the 2013-2014 school year, which was 96.2 percent of all Florida public school students.
  • In Arizona, Superior Mayor Jayme Valenzuela was recalled. More than 78 percent of voters supported the recall. The recall effort began due to allegations that Valenzuela used public funds for personal use. Valenzuela was charged with felony theft by the Arizona attorney general's office in relation to this incident. Town Councilwoman Mila Besich Lira was selected to replace Valenzuela in the election. Supporters of the recall collected 102 verified signatures to bring the recall to a vote. Valenzuela was first elected in a recall election against Michael Hing in 2011.
  • In Idaho, Iona Mayor Brad Andersen survived a recall election. More than 62 percent of voters opposed the recall. The recall effort began due to the city’s efforts to meter water usage instead of charging a flat fee to all residents. Supporters of the recall collected 228 verified signatures to bring the recall to a vote. Supporters needed at least 267 votes to remove Andersen from office because he received that vote total during the 2013 election, but only 208 votes were cast in favor of the recall.
  • In Wisconsin, two Fence town supervisors and the town clerk survived a recall election. The recall was organized due to concerns about inaccurate meeting minutes and the officials' working relationship with town Chairman Frank Smith.

Wednesday, August 31

  • Former Los Angeles City Council member Dennis Zine filed a lawsuit against the city and L.A. Police Chief Charlie Beck over security provided by the L.A. Police Department (LAPD) at two preseason football games. The suit alleges that the security was provided for free and constitutes an illegal gift of public funds. Approximately 200 on-duty police officers were used for public safety at the Los Angeles Memorial Coliseum. Zine says that the city was not reimbursed by the football team for these services. Zine and co-plaintiff James Bibeau are also seeking a court order that will prevent the LAPD from providing any further security services at Los Angeles Rams games until the city has been paid for the preseason services. The suit comes soon after the L.A. City Council approved a memo asking the LAPD to determine the cost of using city police for game security. The memo, dated August 12, 2016, also asked the LAPD to determine whether game security would affect emergency response times. Several city council members, including council president Herb Wesson, sent a letter to Rams owner Stan Kroenke asking him to pay for the use of LAPD and Los Angeles Fire Department services during football games. Neither a Rams team representative nor the LAPD city attorney’s office commented on the matter. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
  • The election for Travis County sheriff will determine whether Austin becomes the first sanctuary city in Texas. Sanctuary cities are cities with policies limiting cooperation with the U.S. Immigrations and Customs (ICE) agency. The majority of sanctuary cities, identified and tracked by ICE, are located in California. Democratic candidate Constable Sally Hernandez, who is favored in the Travis County sheriff’s race, has pledged to reduce the county’s cooperation with ICE if she wins. The county would no longer hold inmates on ICE detainers, which are civil requests to hold potentially deportable prisoners who would otherwise be free to leave. According to ICE, Austin—the state’s capital and the largest city in Travis County—would become a sanctuary city under Hernandez’s proposed policy change. The Republican candidate, Joe Martinez, favors cooperating with ICE but has said he would only hold the worst offenders on civil detainers. Republican legislators have voiced opposition to Hernandez’s plan. Sen. Charles Perry (R-Lubbock) announced plans to introduce legislation that would strip sanctuary cities of state funding. Previous legislative attempts to ban or censure sanctuary cities in Texas have failed. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
  • In Minneapolis, the Minnesota Supreme Court unanimously ruled that neither a $15 minimum wage proposal nor a police insurance proposal could go before voters on the ballot on November 8, 2016.
    • Debates over the minimum wage have become commonplace in cities across the United States.
      • Des Moines Mayor Frank Cownie called for a $15 minimum wage for city workers. All city job descriptions and functions would be evaluated, and Cownie announced he would seek feedback from the city council and legal advisers.
      • The Baltimore City Council voted 7-4 to raise the minimum wage to $15 by 2022. A final vote on the wage increase is expected in November 2016. At least eight of the 15 city council members must support the measure in order for it to pass. Baltimore is the largest city in Maryland and the 26th-largest city in the U.S. by population.
      • 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, enacted a $15 per hour minimum wage ordinance in July. It will 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. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.
  • In California, the San Jose City Council voted 10-1 to declare a state of emergency over police staffing shortages. The declaration was backed by the San Jose Police Officers Association and Mayor Sam Liccardo (D). Beginning September 11, 2016, Police Chief Eddie Garcia will be able to reassign 47 officers from special duties, such as investigations, to fill vacancies as police officers. The San Jose Police Department estimates that 348 shifts are regularly filled by voluntary and mandatory overtime because of staffing shortages. Chief Garcia hopes that the reassignments will improve the response rates to local 911 calls. San Jose is the third-largest city in California and the 10th-largest city in the U.S. by population.
  • FILING DEADLINE: Deadline passed to file in the retention election for Iowa local judges. The election will be held on November 8, 2016. In a retention election, voters are asked to decide whether a judge should remain in office. The judge is retained for a new term if a majority of voters answer with a "yes" vote. If the majority responds with a "no" vote, the judge is removed from the bench at the end of the term.

 

What’s On Tap Next Week

Tuesday, September 6

  • In Idaho, a general election will be held for two of the seven school board seats in the Boise School District. In the at-large race for seats with six-year terms, incumbent David Wagers is running for re-election against challengers Beth Oppenheimer and Monica Walker. The district is the largest in Idaho and served 27,275 students during the 2013-2014 school year, which is roughly 9.7 percent of all the public school students in Idaho.

Friday, September 9

  • FILING DEADLINE: Deadline to file in the general election for 10 school board seats across five of the largest school districts in Mississippi by enrollment. The election will be held on November 8, 2016. During the 2013-2014 school year, these school districts served 88,721 students, which was 18 percent of all Mississippi public school students.

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