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The Tap: Building The Cabinet

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February 18, 2017Issue No. 53

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

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

The Cabinet, which was established by Article II, Section 2 of the Constitution, has 16 members: the vice president and the heads of 15 departments. Cabinet members advise the president on issues relating to their respective offices. As of February 17, 2017, nine of Trump's Cabinet nominees have been confirmed by the Senate. One nominee, Andrew Puzder, withdrew from consideration on February 15, 2017. In the previous four presidential administrations, the median wait time for a nominee was one day. Click here to read an overview of the confirmation process and track each nomination

 

Federal

The Week in Review

Judge Gorsuch Meeting Tracker

This week, Judge Neil Gorsuch, President Trump’s nominee to the U.S. Supreme Court, held 10 courtesy visits with U.S. senators in advance of hearings before the Senate Judiciary Committee. Those hearings have not yet been scheduled. Below is a list of meetings that were reported through various media outlets or through a press release from the senator’s office. To date, Judge Gorsuch has met with 40 U.S. senators: 28 Republicans and 12 Democrats. The Senate Judiciary Committee will hold confirmation hearings on Gorsuch’s nomination beginning on March 20, 2017. A press release from Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) indicated that "the hearing date follows a similar timeline put together for Justices Sonia Sotomayor and Elena Kagan by former chairman Patrick Leahy. Sotomayor’s hearing was held 48 days after her nomination was announced. Kagan’s hearing was held 49 days after her nomination was announced. Gorsuch’s hearing will begin 48 days following the announcement of his nomination."

Saturday, February 11

President Trump indirectly responds to North Korean missile test

  • North Korea conducted its first ballistic missile test since President Donald Trump took office. While not explicitly referencing the launch, Trump said during a joint news conference with Japanese Prime Minister Shinzo Abe, "I just want everybody to understand and fully know that the United States of America stands behind Japan, its great ally, 100 percent." The following day, White House senior policy advisor Stephen Miller said, "We are going to reinforce and strengthen our vital alliances in the Pacific region as part of our strategy to deter and prevent the increasing hostility that we’ve seen in recent years from the North Korean regime."

Kansas Democrats and Libertarians choose special election nominees

  • The Democratic and Libertarian nominating conventions for Kansas’ 4th Congressional District special election took place. The election is being held to replace Mike Pompeo (R), who was confirmed as director of the CIA in January. Democrats chose civil rights lawyer Jim Thompson, while Libertarians nominated flight instructor Chris Rockhold. State Treasurer Ron Estes had already been chosen at the Republican convention on February 9. The three nominees will face off in the general election on April 11, 2017. Ballotpedia currently rates the race as safely Republican.

Sunday, February 12

Trump administration official questions voting in New Hampshire

  • In an interview with ABC's George Stephanopoulos, White House policy director Stephen Miller discussed, among other issues, the claim that thousands of voters were bused from Massachusetts to New Hampshire to vote illegally there in the 2016 presidential election. Miller said, "George, it is a fact and you will not deny it that are massive numbers of non-citizens in this country who are registered to vote. That is a scandal! We should stop the presses and as a country we should be aghast about the fact that you have people who have no right to vote in this country registered to vote, canceling out the franchise of lawful citizens of this country. That's the story we should be talking about!"
    • When Stephanopoulos pressed Miller for proof of his claim—which CNN reported had been debunked—he declined to do so, saying, “I can tell you that this issue of busing voters into New Hampshire is widely known by anyone who’s worked in New Hampshire politics. It's very real. It’s very serious. This morning, on this show, is not the venue for me to lay out all the evidence.”
    • While President Donald Trump did not directly comment on Miller’s exchange with Stephanopoulos regarding alleged voter fraud in New Hampshire, he tweeted on Sunday, "Congratulations Stephen Miller — on representing me this morning on the various Sunday morning shows. Great job!”
    • See also: Federal policy on voting rights, 2017-2020

Monday, February 13

ICE operations

  • According to the Department of Homeland Security, recent immigration enforcement operations across the country have netted more than 680 arrests. Convicted criminals, gang members, individuals who re-entered the country after being deported, and individuals who had final removal orders in place were targeted by the operations, Secretary of Homeland Security John Kelly said.
    • President Donald Trump tweeted on Sunday, “The crackdown on illegal criminals is merely the keeping of my campaign promise. Gang members, drug dealers & others are being removed!”
    • Democratic members of Congress were critical of the operations. Senate Minority Leader Chuck Schumer said in a statement requesting more information, "I am troubled by the lack of transparency and potential due process violations surrounding ICE's most recent enforcement actions. That is why I'm calling on ICE to release information about the location of the raids and details of the people who were arrested. I have always supported smart immigration enforcement that helps to keep our country safe, but raids targeting law-abiding immigrants and treating those with traffic violations the same as murderers and robbers will only achieve the opposite."‎
    • See also: Federal policy on immigration, 2017-2020

Mnuchin confirmed

  • The Senate voted to confirm Steve Mnuchin as treasury secretary. Mnuchin, a financial executive who has worked for companies such as Goldman Sachs and Soros Fund Management, was nominated to the position by President Donald Trump on November 29, 2016. The vote was 53-47, split mostly along party lines, with Senator Joe Manchin III as the only Democrat to vote in favor of Mnuchin.

Shulkin confirmed

Flynn resigns

  • Retired Lieutenant General Michael Flynn resigned from his position as national security advisor amid reports that he did not provide Vice President Mike Pence with accurate information about a conversation that he had with a Russian ambassador concerning sanctions against the country. In his resignation letter, Flynn wrote, "I inadvertently briefed the Vice President-elect and others with incomplete information regarding my phone calls with the Russian ambassador. I have sincerely apologized to the President and the Vice President, and they have accepted my apology." On Friday, a U.S. official confirmed that the general and Russian Ambassador Sergey Kislyak spoke about sanctions placed on the country by the Obama administration during a conversation on December 29, 2016. According to one of Flynn's aides, Flynn had "no recollection of discussing sanctions" and "couldn't be certain that the topic never came up."
    • Senate Majority Leader Mitch McConnell said that the Senate Intelligence Committee is considering opening an investigation into Flynn’s conversation, and he noted that it will likely be looked at in other ongoing investigations regarding Russian involvement in the 2016 presidential election. Lawmakers want to see the transcript of Flynn’s call with Kislyak. Sen. Roy Blunt, a member of the Senate Intelligence Committee, said, "I would think that we should talk to Gen. Flynn very soon and that should answer a lot of questions. What did he know? What did he do? And is there any reason to believe that anybody knew that and didn't take the kind of action they should have taken.”
    • General Joseph Keith Kellogg took over as acting National Security Advisor after Flynn resigned.
    • President Donald Trump commented on Flynn’s resignation: “He didn't have to do that, because what he did wasn't wrong—what he did in terms of the information he saw. What was wrong was the way that other people, including yourselves in this room, were given that information, because that was classified information that was given illegally. That's the real problem. … I fired him because of what he said to Mike Pence. Very simple. Mike [Flynn] was doing his job. He was calling countries and his counterparts. So, it certainly would have been OK with me if he did it. I would have directed him to do it if I thought he wasn't doing it.”

Tuesday, February 14

Trump signs repeal of energy company transparency rule

  • President Donald Trump signed a repeal of a regulation that would require coal, oil, and natural gas companies to disclose their payments, such as royalties, to foreign governments. The regulation was issued by the Securities and Exchange Commission (SEC) under the 2010 Dodd-Frank Act. The SEC finalized the rule in late 2016 after a federal court vacated a prior version of the rule. The rule's repeal was passed under the Congressional Review Act of 1996, which allows Congress to reverse new federal regulations within 60 legislative days of their finalization. The repeal was the first time the Congressional Review Act had been used to repeal a regulation since 2001, when a rule issued by the Occupational Health and Safety Administration was repealed. Rep. Bill Huizenga (R-Mich.), one of the sponsors of repeal, argued that the regulation would place unnecessary costs on energy companies and hinder the competitiveness of American companies in the global market. Sen. Sherrod Brown (D-Ohio), an opponent of repeal, argued that the regulation was meant to prevent potential fraud and corruption and to prevent American dollars from benefiting foreign officials.

Wednesday, February 15

Andrew Puzder withdraws as nominee for secretary of labor post

  • Secretary of labor nominee Andy Puzder withdrew from consideration following reports that he did not have sufficient support in the Republican-controlled Senate to be confirmed. Puzder said in a statement, "After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America's workers and businesses back on a path to sustainable prosperity. I want thank President Trump for his nomination. ... While I won't be serving in the administration, I fully support the President and his highly qualified team."

Senate committee holds hearing on Endangered Species Act changes

Israeli PM meets with President Trump

  • Israeli Prime Minister Benjamin Netanyahu met with President Donald Trump at the White House to discuss U.S.-Israel relations. At a joint news conference, Trump commented on Israeli settlement activity, saying to Netanyahu, "I'd like to see you hold back on settlements for a little bit. We'll work something out, but I would like to see a deal be made." Trump also said that he would accept either a one- or two-state solution if Israel and Palestine were both satisfied with the arrangement. "I'm very happy with the one that both parties like. I can live with either one. I thought for a while the two-state looked like it may be the easier of the two, but honestly if Bibi and if the Palestinians — if Israel and the Palestinians are happy, I'm happy with the one they like the best," he said.

Filing closes for Georgia’s 6th District special election

  • Filing closed in the special election for Georgia’s 6th Congressional District. The election is being held to replace Tom Price, who was confirmed as U.S. secretary of health and human services. Eighteen candidates filed in the race: 11 Republicans, five Democrats, and two independents. All 18 candidates will compete in the same primary on April 18, 2017, and the top two, regardless of party affiliation, will advance to the general election to be held on June 20. The Republican Party is expected to be favored in this race, as Price won re-election in 2016 and 2014 by margins of 23 and 33 percent, respectively.

Thursday, February 16

Gorsuch confirmation hearings scheduled to begin on March 20

  • The Senate Judiciary Committee scheduled hearings to consider the nomination of Neil Gorsuch to the U.S. Supreme Court. The hearings are scheduled to begin on March 20 and are expected to last three to four days. Questioning of the nominee is scheduled for March 21, 2017. In a February 3 interview with Roll Call, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) announced his intention to complete hearings within a six-week timetable. The timetable coincides with the start of the U.S. Senate’s Easter recess, which is tentatively scheduled to run from April 10 to 21 according to the U.S. Senate’s legislative calendar. The U.S. Supreme Court’s final argument sitting of the court’s current term begins on April 17, so if Judge Gorsuch is not confirmed before the Easter recess, it is unlikely he would sit for any cases during the court’s current term.

President Trump holds his first solo press conference

  • President Donald Trump held his first solo press conference as president, in which he announced R. Alexander Acosta as his labor secretary nominee, discussed his administration’s early domestic and foreign policy goals, and criticized the media for how it was reporting on his administration. He made the following comments:
    • On Michael Flynn’s resignation: “He didn't have to do that, because what he did wasn't wrong—what he did in terms of the information he saw. What was wrong was the way that other people, including yourselves in this room, were given that information, because that was classified information that was given illegally. That's the real problem. … I fired him because of what he said to Mike Pence. Very simple. Mike [Flynn] was doing his job. He was calling countries and his counterparts. So, it certainly would have been OK with me if he did it. I would have directed him to do it if I thought he wasn't doing it.”
    • On U.S.-Russia relations: “If Russia and the United States actually got together and got along—and don't forget, we're a very powerful nuclear country and so are they. There's no up-side. We're a very powerful nuclear country and so are they. I have been briefed. And I can tell you one thing about a briefing that we're allowed to say because anybody that ever read the most basic book can say it, nuclear holocaust would be like no other. They're a very powerful nuclear country and so are we. If we have a good relationship with Russia, believe me, that's a good thing, not a bad thing.”
    • On the Deferred Action for Childhood Arrivals (DACA) program: “We're gonna show great heart, DACA is a very, very difficult subject for me, I will tell you. To me, it's one of the most difficult subjects I have because you have these incredible kids. In many cases, not in all cases. And some of the cases, having DACA and they're gang members and they're drug dealers, too. But you have some absolutely, incredible kids, I would say mostly. They were brought here in such a way—it's a very—it's a very, very tough subject.”

Mulvaney confirmed as OMB director

  • Mick Mulvaney was confirmed by the U.S. Senate to be the next director of the Office of Management and Budget. The Senate’s vote was almost on a party line. Sen. John McCain (R-Ariz.) joined all Senate Democrats in voting against Mulvaney after having voiced concerns about Mulvaney’s approach to military spending. The rest of the Senate Republicans voted in favor of Mulvaney, and he was confirmed 51-49. Mulvaney’s confirmation will trigger a special election to fill South Carolina’s 5th District seat in the U.S. House. Mulvaney served in the U.S. House from 2011 to 2017.

Acosta announced as new labor secretary nominee

Justice Department files brief with the Ninth Circuit

  • The Justice Department filed a brief with the Ninth Circuit Court of Appeals stating it would not seek a review by a full panel of the court of the temporary block placed on the immigration-related executive order issued by President Donald Trump on January 27, 2017. The brief also stated that Trump would be rescinding the executive order and replacing it with a new one in order to eliminate constitutional concerns. A three-judge panel of the Ninth Circuit had previously upheld the block on February 9, preventing enforcement of key provisions of the executive order—namely its suspension of the admission of residents of seven countries and all refugees—while its merits were evaluated in district court.

House votes to defund abortion providers

  • Key vote: The House passed HJ Res 43 by a vote of 230-188. The legislation proposes rescinding a regulation issued under former President Barack Obama that prohibits states from cutting off funding to abortion-providing healthcare organizations. If passed by the Senate and signed by President Donald Trump, states would be able to deny federal funding to Planned Parenthood and other abortion providers.

Friday, February 17

Senate votes to confirm Pruitt as EPA administrator

 

Congress is NOT in session SCOTUS is IN session
Congress is off next week for its Presidents’ Day recess. Members of both chambers will return to Capitol Hill on Monday, February 27. The Supreme Court reconvenes for its February sitting this week. The court will hear its first arguments of this sitting on Tuesday, February 21, 2017.

What’s On Tap Next Week

Tuesday, February 21

SCOTUS is back

  • The U.S. Supreme Court reconvenes for its February sitting and will hear arguments in two cases.
    • In Hernandez v. Mesa, the court will examine whether the parents of a Mexican citizen killed on Mexican soil by a U.S. Border Patrol agent firing from U.S. soil can bring a cause of action against the agent under the Fifth Amendment to the U.S. Constitution. A three-judge panel of the United States Court of Appeals for the 5th Circuit held that such a claim could be brought, but the full appeals court, rehearing the case en banc, reversed, holding that no case law existed at the time of the shooting that would have informed the agent that his conduct violated the Fifth Amendment.
    • In McLane Company v. EEOC, the court will consider the appropriate standard for federal appellate courts to use when reviewing a federal district court’s judgment on an administrative subpoena request made by the Equal Employment Opportunity Commission. Typically, federal appeals courts give deference to a district court’s decision on EEOC subpoena requests, but the Ninth Circuit Court of Appeals reviews such requests de novo; that is, the court reviews such subpoena requests as if no district court action had occurred. The Ninth Circuit is the only federal appeals court that does not afford deference to district court actions on such subpoenas.

Wednesday, February 22

SCOTUS hears argument in one case

  • The U.S. Supreme Court will hear argument in Kindred Nursing Centers v. Clark, an appeal from a decision of the Kentucky Supreme Court. The case centers on a Kentucky Supreme Court rule that power-of-attorney covenants must contain explicit language authorizing the agent acting as power-of-attorney to enter into arbitration agreements on behalf of the principal. Such a rule only applies to arbitration agreements in Kentucky and not to other types of contracts. Kindred Nursing Centers argues that Section Two of the Federal Arbitration Act (FAA) declared Congress' clear intent to treat arbitration agreements on equal footing with any other type of contract and made the enforcement of such agreements a matter of federal law. Kindred believes that the Kentucky rule putting arbitration agreements into a special status is in violation of the FAA.

Friday, February 24

  • The Democratic National Committee begins its meeting to select a new chair. During the 2016 presidential campaign, the DNC’s Chairwoman Debbie Wasserman Schultz stepped down after leaked emails appeared to show Wasserman Schultz and other DNC officials strategizing against Hillary Clinton’s primary opponent, Bernie Sanders. Democratic strategist Donna Brazile has served as interim chair. Candidates for the chairmanship include New Hampshire Democratic Party Chairman Raymond Buckley, Congressman Keith Ellison (D-Minn.), South Carolina Democratic Party Chairman Jaime Harrison, U.S. Secretary of Labor Tom Perez, Idaho Democratic Party executive director Sally Boynton Brown, and Mayor of South Bend, Indiana, Pete Buttigieg. A majority of the DNC’s membership is required to elect a new chair.

See our overview of the chair race, including the stated priorities of the candidates, here.  

Where was the president last week? Federal judiciary
President Donald Trump arrived back in Washington, D.C., after his weekend at Mar-a-Lago with Japanese Prime Minister Shinzo Abe. Throughout the week, Trump met separately with Canadian Prime Minister Justin Trudeau and Israeli Prime Minister Benjamin Netanyahu at the White House; spoke with President Jacob Zuma of South Africa, President Muhammadu Buhari of Nigeria, President-Elect Frank-Walter Steinmeier of Germany, President Michel Temer of Brazil, and President Juan Manuel Santos of Colombia; met with members of Congress for a listening session; and participated in the swearing-in of Secretary of the Treasury Steven Mnuchin.  
  • 126 total federal judicial vacancies
  • 1 pending nomination
  • 14 future vacancies

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

State and Local

Highlights

State

  • On February 14, the Arizona Supreme Court announced it would hear arguments in a case about the legality of Proposition 206 on March 9. Proposition 206 was passed by voters in November 2016 and will raise the state’s minimum wage to $12 by 2020. Chief Justice Scott Bales said oral arguments are scheduled for March 9, 2017. He also said that arguments would be limited to whether the initiative creates new costs to the general fund without providing a new revenue source. Depending on how the court rules, state contractors could be exempted from the measure's requirements, the measure could be upheld in its entirety, or it could be struck down in its entirety. Prior to the passage of the initiative, Arizona had the 24th-highest minimum wage in the country.

Local

  • On February 14, general elections were held across 13 of Oklahoma’s largest school districts for 16 school board seats. Elections in eight of these districts were canceled because only one candidate filed to run for each available seat. In a ninth district—Mustang Public Schools—no candidate filed in the election. The district canceled the election and will appoint someone to the position now that the general election date has passed. The largest of the districts holding elections was Oklahoma City Public Schools, which served 41,074 students during the 2014-2015 school year—approximately 6 percent of all public school students in the state. The smallest school district holding elections was Owasso Public Schools, which served 9,658 students during the 2014-2015 school year—approximately 1.4 percent of all public school students in the state.
 

State

The Week in Review

Ballot measures update

2017

  • So far, five statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, and Ohio. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. Moreover, voters in Puerto Rico will decide a referendum on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association.
    • The next signature filing deadline for citizen initiatives in 2017 is in Ohio on July 5.
    • An indirect initiative petition addressing casinos was certified as valid and sufficient and sent to the legislature in Maine; it will go before voters if the legislature does not approve it.
    • Signatures for a 2017 initiative related to Medicaid expansion in Maine were submitted.

2018

  • Four measures are certified to appear on statewide ballots in 2018 so far, and a signature petition for a citizen-initiated measure in Nevada designed to establish an automatic voter registration system was certified as sufficient. It will be sent to the legislature and later to voters if the legislature does not approve it within the first 40 days of its 2017 session. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots.

Saturday, February 11

Two Weeks Away from the Delaware Senate Special Election

Sunday, February 12

NFL Warns Texas Over Bathroom Proposal

  • A week after Houston hosted the Super Bowl, the National Football League sent a warning to Texas legislators over a proposal that would limit transgender access to bathrooms. A spokesman for the league said that such a law could impact where the league chooses to schedule major events in coming years. The law’s main sponsor, Lois Kolkhorst (R), said the bill contained language that would exclude major sporting events. “[T]he Texas Privacy Act ensures that our state continues the same welcoming environment we all enjoy at NFL events,” he said. The Texas Association of Business, which opposes the bill, says the state could lose up to $8 billion in business investments if the law passes. Texas is currently one of 25 states with a Republican trifecta.
    • On February 6, the North Carolina Sports Association sent a letter to the North Carolina State Legislature stating that if House Bill 2 wasn’t repealed, the NCAA would not allow basketball tournament games in the state until at least 2022. The NCAA has said that it would not consider bids from any school, city, or arena to host March Madness games from 2018-2022 unless lawmakers comply. House Bill 2 was passed in March 2016 and prohibits individuals from using any bathroom that does not correspond with the sex on their birth certificate. The NCAA has already pulled seven events during the 2016-17 season from the state across a number of sports. Senate Bill 25, which would repeal House Bill 2, was proposed last week by Senate Democrats and is currently under consideration in the Senate.

Monday, February 13

Medicaid Expansion Signed in Georgia

  • Georgia Gov. Nathan Deal (R) signed a law that would bridge a $900 million gap in the state’s Medicaid funding. The bill allows the Department of Community Health board to charge a hospital provider fee through 2020 and would require hospitals to pay 1.45 percent of their net patient revenue to the state. The estimated $311 million in fees would allow the state to acquire an additional $600 million in funding from the federal government. In total, 17 of the state’s 236 legislators voted against the bill across the two legislative chambers. Georgia is currently one of 25 states with a Republican trifecta.

Louisiana Special Session Begins

  • The Louisiana State Legislature convened a special session to address a $304 million shortfall in the state’s current budget. The session was called by Gov. John Bel Edwards (D) and is set to conclude on February 22. According to the rules of the session, because the call did not allow legislators to act on taxes during the session, tax increases to make up for the shortfall cannot be considered. Louisiana is currently one of 19 states with a divided government.

Tuesday, February 14

Federal Aid in California

  • The Trump administration announced it would provide federal funding to California in response to an emergency at the Oroville Dam. Gov. Jerry Brown (D) had previously asked Trump to declare a state of emergency to make the state eligible for federal assistance. Problems at the dam have caused the evacuation of more than 200,000 residents. In recent weeks, Trump’s administration has threatened to withhold federal funding from states and cities that operate as sanctuary jurisdictions. California is currently one of six states with a Democratic trifecta.

Kentucky Governor Announces Criminal Justice Bill

  • Kentucky Gov. Matt Bevin (R) joined representatives from the American Civil Liberties Union to announce the introduction of Senate Bill 120, which would make changes to the state’s criminal justice system. State Sen. Whitney Westerfield (R), SB 120’s sponsor, said that the legislation was aimed at reducing the number of individuals who return to prison by increasing opportunities for rehabilitation. The plan would allow felons to apply for state occupational licenses, gives probation and parole more flexibility when punishing offenders, creates drug treatment programs, and may lead to private industry being allowed to open factories inside prisons, with federal approval. Bevin said such a program would allow inmates to accrue wages that could be used to pay for prison costs, taxes, restitution, and child support, or saved up and given to the prisoner upon their release. Kentucky is currently one of 25 states with a Republican trifecta.

Abortion Legislation Clears Virginia Legislature

  • The Virginia State Senate voted 20-19 along party lines to approve a bill that would decrease funding for Planned Parenthood and other health centers that perform abortions. Because the legislation had already passed the Virginia House of Delegates on February 7, it now goes to the desk of Gov. Terry McAuliffe (D). McAuliffe has said he will veto the legislation. The law would restrict funding for abortions that don’t qualify for matching funds under Medicaid, which is limited to cases of rape, incest, or “gross fetal anomalies.” Supporters of the legislation said that it “ensures that hospitals, federally qualified health clinics and rural health clinics are funded over abortion centers.” Planned Parenthood, meanwhile, has spoken out against the legislation, saying it “would undermine the health of thousands of our patients who count on us for comprehensive care.” Virginia is currently one of 19 states with a divided government.

Tennessee Representative Resigns

  • Tennessee State Rep. Mark Lovell (R) resigned from his position amid accusations of sexual misconduct but denied the claims against him. He said the accusations of inappropriate sexual contact with a woman last week are “100 percent false.” Lovell was elected to the position in 2016, when he defeated incumbent Curry Todd (R) 56-18 in the Republican primary before running unopposed in the general election. Lovell’s resignation leaves the Republican Party with a 73-25 majority in the chamber.

Minnesota Special Election

Wednesday, February 15

Alleged Collusion in WI Superintendent Race

  • Wisconsin superintendent of public instruction candidates Lowell Holtz and John Humphries revealed in separate interviews with the Wisconsin State Journal that the candidates had discussed a proposed position with the Wisconsin Department of Public Instruction in exchange for one of the two candidates leaving the race. The position would be made available to the withdrawn candidate upon the remaining candidate’s defeat of incumbent Superintendent Tony Evers. The proposed position would allegedly pay $150,000 a year and include a driver as part of the benefits. Holtz denied the claim, saying it was just an idea brought forth by business leaders who hoped that the two candidates could work together to defeat Evers. Humphries said he offered Holtz a position with his campaign, but that the two men could not come to an agreement. Both Holtz and Humphries were identified by the paper as conservative candidates, though they support different policy approaches. Evers is backed by progressive organizations. A primary election will take place on February 21, where the top two candidates will advance to the April general election.

New Alabama AG Recuses Himself

  • Steve Marshall (R), Alabama Gov. Robert Bentley’s (R) recent appointment as attorney general, recused himself in the ongoing investigation over Bentley’s relationship with his former top political aide, Rebekah Mason. In his stead, Marshall appointed former Montgomery County District Attorney Ellen Brooks to lead the investigation. As special prosecutor in the case, Brooks will have the full powers that Marshall would have had in this case. Former Attorney General Luther Strange (R), appointed to the U.S. Senate last week, was thought to be investigating Bentley over the matter but did not officially comment on it. Bentley will be term-limited in 2018 and unable to run for re-election.

Powers of Maryland AG Expanded

  • The Maryland General Assembly passed a resolution allowing Attorney General Brian Frosh (D) to sue the Trump administration without needing the approval of Gov. Larry Hogan (R). The legislature, which has the constitutional authority to direct the attorney general, granted Frosh blanket approval to file lawsuits against the federal government at his discretion. This move marks the first expansion of that office’s power since 1864. Because it was passed as a resolution, the act cannot be vetoed by the governor. Maryland is currently one of 19 states with a divided government.

Abortion Reversal Bill Advances in Indiana

  • The Public Policy Committee of the Indiana House of Representatives voted 7-6 to approve legislation that requires abortion providers to give patients information on abortion-reversing drugs prior to giving them abortion drugs. Two of the committee’s Republicans joined the four Democrats on the committee to vote against the bill, which now heads to the full chamber for consideration. Similar laws have been passed recently in Arizona, South Dakota, and Arkansas. A court challenge to the Arizona law led to the legislature rescinding it and the state’s attorney general conceding the court case. Indiana is currently one of 25 states with a Republican trifecta.

Maine Governor Asks Committee Co-chair to Step Down

  • Maine Gov. Paul LePage (R) called on State Rep. Ryan Tipping-Spitz (D) to step down from his position as co-chair of the Taxation Committee over Tipping-Spitz’s connection to a referendum campaign committee. The legislator was paid $9,000 to work on the campaign in support of Question 2, which was approved by voters and placed a surcharge on income over $200,000 to provide additional education funding. LePage and others within the Republican Party believe Tipping-Spitz has a conflict of interest by chairing the committee, which is considering legislation to repeal the initiative. Tipping-Spitz said that such a conflict of interest was not uncommon and happens to each legislator multiple times. Maine is currently one of 19 states with a divided government.

South Dakota Considering Initiative Legislation

  • The South Dakota State Senate voted 19-15 to approve a legislatively referred constitutional amendment that would change the rules surrounding constitutional amendments in the state. The proposal would increase the vote needed in the state legislature to refer a constitutional amendment to the ballot from a simple majority of members to two-thirds of members. Additionally, it would also increase the vote needed at the ballot box to approve a constitutional amendment, whether legislatively referred or citizen initiated, from a simple majority to 60 percent. The legislation would still be required to pass the state House this session before being put on the ballot for November 6, 2018.
    • Other bills designed to change the state’s laws governing ballot measures were also introduced, including bills to add a distribution requirement for citizen initiatives, restrict out-of-state contributions to initiative campaigns, and require fiscal impact statements for ballot measures. To see descriptions and statuses of these proposed laws, click here.

Missouri AG Appeals to Supreme Court Over Eggs

New Jersey Enacts Changes to Painkiller Prescriptions

  • New Jersey Gov. Chris Christie (R) signed legislation into law that limits initial prescriptions for pain-killing opioids to five days and requires insurance companies to accept addicts into treatment programs without delay. Christie had challenged the legislature to send him a bill aimed at opioids within 30 days of his January 10 State of the State address. The Medical Society of New Jersey spoke out against the law, saying it limits doctors’ ability to treat patients. Supporters of the law, however, said that it allowed doctors to extend prescriptions beyond the five days if painful symptoms were still occurring. Nearby, New York, Maine, and Massachusetts have previously passed similar laws with seven-day limits on pain prescriptions. New Jersey is currently one of 19 states with a divided government.
    • This is the second bill Christie has signed into law this month regarding opioid prescriptions. On February 6, he signed a bill that required doctors prescribing opioids to minors to discuss the risks of dependence and addiction with the minor’s parents and obtain written acknowledgment of the discussion. The law went into effect immediately.

New York Assembly Advances Marijuana Legislation

  • The New York State Assembly passed a bill that would seal the criminal records of anyone arrested for marijuana possession in public view. The bill’s primary sponsor was Crystal Peoples-Stokes (D), and it was supported by members of the Black, Puerto Rican, Hispanic, and Asian Caucus. This legislation could have effects beyond marijuana. A report by researchers at Syracuse noted that marijuana possession was the fourth leading cause of deportation in the United States. By sealing the records of offenders, information about arrests and legal status would not be available to the FBI for deportation purposes. This legislation would still need to pass a Republican-held state Senate before going to Gov. Andrew Cuomo (D) for his signature. New York is currently one of 19 states with a divided government.

Thursday, February 16

Collective Bargaining Changes in Iowa

  • The Iowa General Assembly passed House File 291, which would limit most public-sector union contract negotiations to only base wages. These unions would no longer be allowed to negotiate over things like health insurance, evaluation procedures, and leaves of absence for political purposes. HF 291 passed the state House with all Democrats and six Republicans dissenting and passed the state Senate along party lines. HF 291 sparked three days of debate and protest at the state capitol. Republicans won control of the state Senate in the 2016 elections, making Iowa a Republican trifecta. The Des Moines Register said it expects Gov. Terry Branstad (R) to sign the bill.

Recreational Marijuana Initiative Filed in Arizona

  • A political action committee named Safer Arizona filed an initiative with the Arizona Secretary of State to put an initiative legalizing recreational marijuana for people 21 years of age and older on the 2018 ballot. In November 2016, voters in Arizona defeated Proposition 205, a similar measure. Arizona was one of five states with recreational marijuana initiatives on the ballot in 2016, and the other four measures passed. To get the statute on the ballot, supporters will need to collect 150,642 valid signatures. Between 1996 and 2016, an average of 10 measures appeared on the ballot in Arizona during even-numbered years.

Louisiana Senator Resigns

  • Louisiana State Sen. Troy Brown (D) resigned, with debate on his potential expulsion scheduled to take place next week. A disciplinary hearing was scheduled in the Louisiana State Senate for February 20 over the potential expulsion of Brown, who had pleaded no contest in two separate cases of misdemeanor domestic violence charges involving women in the last four months. “Unfortunately, recent events have caused me to relinquish my dream in favor of the greater goal of preserving the integrity of the Louisiana Senate,” he said in a resignation letter. Prior to his resignation, Brown said that he knew he would be expelled during that hearing but that he expected to win an appeal in court. With Brown’s resignation, Republicans control the chamber 25-13, and Louisiana is currently one of 19 states with a divided government.

 

What’s On Tap Next Week

Tuesday, February 21

Primary Election for Wisconsin Superintendent

 

State government in session

States in session 2-17-17.png

State government special elections

As of this week, six state legislative seats have been filled through special elections in 2017. Another 12 elections (not including runoffs) have been scheduled in eight states to fill vacancies.

Due to redistricting, additional state legislative special elections may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court issued an order on January 10, 2017, that would cancel the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order.

  • An average of 89 seats were filled through special elections in each of the past three odd years (2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include: February 25, 2017:

February 28, 2017:

March 7, 2017:

Local

The Week in Review

2017 elections

  • In 2017, Ballotpedia is covering municipal elections across 51 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across all six states holding elections for general and limited jurisdiction trial courts, school board elections across 464 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
    • So far this year, Ballotpedia has covered one city election, one county election, and 22 school board elections. Ballotpedia will cover approximately 100 local ballot measures in California in 2017.
    • One local ballot measure election occurred in California on January 10, when a fire district parcel tax was approved. The next local ballot measure elections in California are on February 28—when a property owner-only election will take place in Santa Barbara County—and March 7—when local voters will decide 19 measures. Los Angeles city voters will decide four measures, including Measure S, a development-related initiative.

Monday, February 13

U.S. House Committee Votes to Block a D.C. Law

  • The U.S. House Oversight and Government Reform Committee voted to block a Washington, D.C., law that legalized medically assisted death for those with six months or less to live, who are not suffering from depression, and who have requested the option multiple times. The committee voted 22 to 14 to block the law, with 21 Republicans and one Democrat (Rep. Jim Cooper of Tennessee) voting in favor of blocking the law and 13 Democrats and one Republican (Rep. Darrell Issa of California) voting against. Committee Chair Jason Chaffetz (R-UT) voted in favor of blocking the law and stated, “Our country should never facilitate, encourage or tacitly accept measures that prematurely end the lives of its people.” This power was last used in 1991 by the U.S. Congress to void a law that would have changed the maximum height of buildings in the city.
    • Since the full U.S. Congress did not vote to block the law by the end of the review period on February 17, it went into effect on February 18. The U.S. House committee vote was only one of several steps that were needed in order to void the law.
    • On November 1, 2016, D.C. legalized physician-assisted suicide after an 11-2 vote by the city council. Mary Cheh (D), the bill’s sponsor, said that “[t]o deny it to those who competently choose it is simply to prolong the process of death, to prolong suffering, to rob a person of autonomy, and in some cases to simply impose one’s own moral or religious choice on another person.” Washington, D.C., is the 23rd-largest city in the U.S. by population.
    • This is a form of government preemption. At the state and local level, preemption is a legal concept that allows a state law to supersede a conflicting local law due to the state's power to create cities as granted by state constitutions. The federal government can preempt state law in a similar manner. In this instance, the federal government is preempting local law due to the unique nature of how D.C. is overseen. Click here to learn more about preemption conflicts at the state and local level.

Plano City Council Puts $224 Million Bond on May Ballot

  • In Texas, the Plano City Council approved a measure that will put a $224.12 million bond referendum on the city ballot on May 6, 2017. If the referendum is approved by voters, the additional revenue would be used to fund ground transportation maintenance, public safety, and a historical restoration project. The council voted 7-0 in favor of putting the referendum before voters, with Place 1 Councilmember Angela Miner absent from the meeting. The referendum was originally estimated to be $257.4 million, but it was reduced after city officials made changes to the proposal. Plano will also be holding an election for mayor and three seats on the city council on May 6, 2017. Plano is the ninth-largest city in the state and the 70th-largest city in the U.S. by population.

Federal Judge Turns Down Elected Chicago School Board, School Board Sues State

  • An effort by former Illinois Governor Pat Quinn (D) and a group of Chicago residents to change the selection method of the Chicago Public Schools Board of Education was rejected by U.S. District Court Judge Elaine Bucklo. The current system allows the city’s mayor to appoint the members of the public district’s school board. The lawsuit requested the abolishment of this system in favor of an elected school board. The judge stated in response to the lawsuit, “Plaintiffs have no fundamental right to vote in school board elections as a matter of law, and the fact that residents of other Illinois jurisdictions have the privilege of voting in such elections in their districts does not confer such a right upon residents of Chicago.” Quinn served as governor from 2009 to 2015 following the impeachment of Gov. Rod Blagojevich (D). He lost his second re-election bid to challenger Bruce Rauner (R) in 2014.
    • On February 14, 2017, the Chicago Board of Education voted to sue Gov. Rauner and the Illinois State Board of Education regarding financial issues. The lawsuit alleges that the state has engaged in “separate and unequal systems of funding for public education in Illinois” by handling the Chicago school district’s funding separately from other public school districts in the state. The district’s chief education officer, Janice Jackson, stated, “This really is our last stand. ... We have hoped for a legislative solution, and that has not happened. Therefore, we're left with this as an option.” State officials responded to the lawsuit by highlighting a recent report of recommendations from a bipartisan state commission on school funding, and one stated, “The governor remains focused on moving forward these recommendations and hopes that CPS will be a partner in that endeavor.” Chicago Public Schools served 392,558 students during the 2014-2015 school year—approximately 19 percent of all public school students in the state.

Tuesday, February 14

Judge Rejects Effort to Hasten Kansas City Minimum Wage Measure

  • In Missouri, Jackson County Circuit Judge Margene Burnett rejected an effort by minimum wage ordinance ballot initiative proponents to put the measure on the Kansas City ballot on April 4, 2017. Her ruling suggested that the city should instead put the initiative on the ballot on August 8, 2017, once all steps of the ordinance approval process have been completed. If approved, the ballot initiative would increase the city’s minimum wage incrementally from $10 per hour this year to $15 per hour in 2021. The state’s minimum wage is $7.70 per hour. Kansas City is the largest city in the state and the 37th-largest city in the U.S. by population.

New York City Plastic Bag Fee Preempted by State Government

  • New York Governor Andrew Cuomo (D) signed a bill passed by the New York State Legislature to preempt a New York City law that would have put a five-cent fee on plastic bags within the city. At the state and local level, preemption is a legal concept that allows a state law to supersede a conflicting local law due to the state's power to create cities as granted by state constitutions. The governor objected to the city law’s permittance of businesses keeping the fee instead of passing it on to the local government, which he estimated would raise approximately $100 million in annual revenue. Cuomo also stated that he would create "a statewide task force to develop a uniform state plan for addressing the plastic bag problem." A New York Times article on the issue argued that the plastic bag fee would have an outsized impact on low-income residents. Two New York City Council members, Brad Lander and Margaret Chin, released a joint statement in response to the preemption, which criticized the environmental impact of plastic bags and said, "We fought plastic bags, and for now, plastic bags won." New York City is the largest city in the U.S. by population.

Kentucky’s Largest School District To Be Audited

  • Kentucky Commissioner of Education Stephen Pruitt announced that his agency would conduct an audit of Jefferson County Public Schools, which is the state’s largest school district. In an interview, he stated that he was concerned about the school district’s management as well as student safety, disproportionate student disciplinary practices, data reporting issues, and district communication. The audit is following an initial review period that alleged the district has “systemic issues that are preventing students from getting the education they deserve.” Depending on the results of the audit, the state government could decide to take over management of the school district from the superintendent and school board. Pruitt was appointed commissioner by the state board of education in October 2015. Jefferson County Public Schools served 100,602 students during the 2014-2015 school year—approximately 14.7 percent of all public school students in the state.

School Board and City Council Elections Held in Oklahoma

  • General elections were held across 13 of Oklahoma’s largest school districts for 16 school board seats. Elections in eight of these districts were canceled because only one candidate filed to run for each available seat. In a ninth district—Mustang Public Schools—no candidate filed in the election. The district canceled the election and will appoint someone to the position now that the general election date has passed. The largest of the districts holding elections was Oklahoma City Public Schools, which served 41,074 students during the 2014-2015 school year—approximately 6 percent of all public school students in the state.
  • A primary election was held for four of the nine seats on the Oklahoma City Council. The incumbents in Wards 1, 3, and 7 filed for re-election and faced two challengers each in their bids for reelection. All three received enough votes to win re-election outright without the need to appear on the general election ballot. The Ward 4 incumbent did not file for re-election, guaranteeing that a newcomer will be elected to the council. Richard Morrissette and Todd Stone were the top two vote recipients in the Ward 4 primary and will face one another in the general election on April 4, 2017. Oklahoma City is the largest city in the state and the 27th-largest city in the U.S. by population.

New York City Holds Special Election

  • New York City held a special election to fill a vacant seat on the city council. Councilwoman Inez Dickens vacated her District 9 seat after she was elected to the New York State Assembly in November 2016. State Sen. Bill Perkins (D), who won the special election, would have to compete again in the regular election on November 7, 2017, to win a full term on the city council.


Wednesday, February 15

Phoenix Rejects Sanctuary City Petition in Accordance with State Law

  • In Arizona, the Phoenix City Council voted to turn down a citizen petition that was submitted to it on February 1 requesting that Phoenix become a sanctuary city. A sanctuary city limits cooperation between its local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE) in order to prevent the deportation of immigrants living in the country illegally. In these cities, government workers and police officers are barred by city policy from asking residents about their immigration status, and compliance with ICE detainer requests is limited. The council, which was required by city charter to review the petition within 15 days of filing, voted 7-2 against it. An existing state law, SB 1070, outlaws Arizona municipalities from serving as sanctuary cities.
    • The petition followed Mayor Greg Stanton (D)’s criticism of President Donald Trump’s (R) executive order on January 25, 2017, withholding federal funding from sanctuary cities as “a divisive attack on Latinos in Phoenix and around the country." Phoenix Law Enforcement Association President Ken Crane responded to the mayor with a public letter, which stated in part, “As police officers that man the front lines with the goal of equal treatment under the law, it appears easy for some liberal politicians ensconced in a 12th floor office in city hall to make statements that only serve to pander to selective and elite voting blocks.” Phoenix will hold a general election for four city council seats on August 29, 2017. The candidate filing deadline is May 31, 2017. Phoenix is the largest city in the state and the sixth-largest city in the U.S. by population.

Los Angeles Mayor Calls Measure S Campaign Materials Misleading

  • Los Angeles Mayor Eric Garcetti (D) responded to the use of one of his quotes and his image in campaign material supporting Measure S, an initiative on the March 7 ballot for Los Angeles voters that would establish a moratorium on certain development projects and permanently prohibit project-specific changes to the city’s general plan. A Vote Yes on S campaign message featured a photo of Garcetti and a quote from a letter Garcetti sent to Michael Weinstein—a chief proponent of the initiative—stating that he agreed with the idea that “exceptions to the General Plan must become the rare exception to the rule,” which is consistent with one of the key tenets of the group behind Measure S. Garcetti stated, however, that he strongly opposes Measure S and that the Vote Yes on S campaign was misleading voters by implying that he supports it. Ileana Wachtel, the Yes on S campaign spokeswoman, said that the campaign was using Garcetti’s quote and image to show that Garcetti approves of one of the ideas behind the initiative and as “a friendly reminder on what these City Hall insiders promised and what they’ve yet to deliver to the voters of Los Angeles.”
    • Proponents of Measure S argue that the existing zoning and project approval system in Los Angeles allows developers to give political contributions to city officials in return for approval of their large development projects, which, according to Measure S supporters, increase traffic, ruin neighborhood integrity, and result in the eviction of residents—including senior citizens and low-income households.
    • Opponents of Measure S argue that the proposed moratorium and restrictions on project approval would put a stop to most development projects in the city, resulting in an even greater housing shortage, economic decline, the loss of thousands of jobs, and the loss of millions in tax revenue for education, parks, and other city services.
    • Both campaigns have received about $2 million in funding. The AIDS Healthcare Foundation funded the support campaign, while much of the opposition funding has come from development companies and business interests.
    • Los Angeles voters will decide three other city ballot measures on March 7, 2017.

Los Angeles Approves Street Vending Decriminalization Ordinance

  • The Los Angeles City Council voted to approve an ordinance decriminalizing street vending, thereby removing misdemeanor charges against those making sidewalk sales of food or other goods. Street vendors will still be at risk of being fined, but not jailed. City officials indicated that permits would soon be issued to street vendors so that they could operate without fines. The city council’s vote was unanimous. The Los Angeles Times wrote that the decriminalization ordinance is meant to prevent individuals residing in the country without legal permission from developing a criminal record that could put them at risk of federal deportation.
    • Los Angeles will hold primary elections for mayor, eight city council seats, city attorney, and city controller on March 7, 2017. Any race where no candidate earns a majority (50 percent plus one) of the primary votes cast will advance to a general election on May 16, 2017. Mayor Eric Garcetti (D) will face 10 challengers in the primary election as he runs for a second term. Los Angeles is the largest city in the state and the second-largest city in the U.S. by population.

Thursday, February 16

Filing Deadline in Ohio

  • The filing deadline passed to run in the general election for mayor of Cincinnati, Ohio. The election will be held on November 7, 2017. Because more than two candidates filed for the position, a primary election for that race will be held on May 2, 2017. Cincinnati is the third-largest city in Ohio and the 65th-largest city in the U.S. by population.

Friday, February 17

Texas School Board Filing Deadline

  • The filing deadline passed to run in general elections for 195 school board seats across 71 of the largest Texas school districts by enrollment. The largest Texas school district holding May elections in 2017 is the Dallas Independent School District, which served 160,253 students during the 2014-2015 school year—approximately 3.2 percent of all public school students in the state. The smallest Texas school district holding May elections in 2017 is the Canyon Independent School District, which served 9,419 students during the 2014-2015 school year—approximately 0.2 percent of all public school students in the state.

Filing Deadlines Pass to Run in Municipal Elections across Eight Texas Municipalities

  • The filing deadline passed to run in municipal elections in eight of the largest cities by population across the state of Texas. Six cities are holding regular elections for the position of mayor. A total of 56 city council seats will be up for general election. All of the following cities will hold elections on May 6, 2017.
    • In Arlington, the filing deadline passed to run in the general election for mayor and five seats on the city council. Arlington is the seventh-largest city in the state and the 50th-largest city in the U.S. by population.
    • The deadline passed to run in the general election for 14 seats on the Dallas City Council. Dallas is the third-largest city in the state and the ninth-largest city in the U.S. by population.
    • In El Paso, the filing deadline passed to run in the general election for mayor and five seats on the city council. El Paso is the sixth-largest city in the state and the 19th-largest city in the U.S. by population.
    • In Fort Worth, the filing deadline passed to run in the general election for mayor and nine seats on the city council. Fort Worth is the fifth-largest city in the state and the 17th-largest city in the U.S. by population.
    • The deadline passed to run in the general election for mayor and five seats on the city council in Garland. Garland is the 12th-largest city in the state and the 88th-largest city in the U.S. by population.
    • In Irving, the deadline passed to run in the general election for three seats on the city council. Irving is the 13th-largest city in the state and the 94th-largest city in the U.S. by population.
    • The deadline passed to run in the general election for mayor and four seats on the city council in Plano. Plano is the ninth-largest city in the state and the 70th-largest city in the U.S. by population.
    • In San Antonio, the deadline passed to run in the general election for mayor and 11 city council seats. San Antonio is the second-largest city in the state and the seventh-largest city in the U.S. by population.

 

What’s On Tap Next Week

Tuesday, February 21

Trial Court and School Board Primary Elections to be Held in Wisconsin

  • A primary election will be held for three circuit court judgeships in Wisconsin. The top two vote recipients for each seat will advance to the general election on April 4, 2017. Thirty-seven of the 48 Wisconsin circuit court seats up for election in 2017, or 77 percent, are uncontested. Of the 11 contested elections, only three had more than two candidates file and thereby require a primary election. Those are the Branch 3 judgeship on the Manitowoc County Circuit Court, the Branch 1 judgeship on the Polk County Circuit Court, and the judgeship on the Trempealeau County Circuit Court. The latter two judgeships both feature an incumbent running for re-election, whereas the Manitowoc County election is for an open seat. All three races drew three candidates each.
  • A primary election will be held for 15 school board seats across five of Wisconsin’s largest school districts by enrollment. The largest of the districts holding primary elections is the Madison Metropolitan School District, which served 27,274 students during the 2014-2015 school year—approximately 3.1 percent of all public school students in the state. Wisconsin will hold its general election for school boards on April 4, 2017. All 50 of the state’s largest school districts will be holding elections, with a total of 126 school board seats on the ballot.
    • Click here to learn more about developments in Wisconsin’s largest school districts and their school board elections in 2016 and 2017.

 

Back to top for Federal and fact checks updates

Fact Check

Fact Check by Ballotpedia

  • Fact check: Will CalPERS' new investment assumption lead to higher pension costs for school districts? Sacramento Bee writer Jim Miller wrote that CalPERS' decision to reduce its investment return assumption from 7.5 to 7.0 percent means school districts will have to contribute more to employee pensions. This is true. The new rates apply this year for the state’s payment into the pension system, but school districts and other public agencies have until 2018 before the new rates kick in. CalPERS projects a 30 to 40 percent increase in participating employer unfunded liability payments as a result, though the increased contributions are necessary to fund benefits already earned by government workers.
  • Fact check: Do ridesharing services reduce drunk driving and related fatalities? Onondaga County District Attorney William Fitzpatrick recently told Syracuse Post-Standard that the introduction of ridesharing services in upstate New York “could have a dramatic impact on reducing drunk driving and the fatalities attendant to the problem.” The potential impact of legalizing ridesharing services in upstate New York is a matter of speculation. Research on the impacts of ridesharing is limited, and the results of at least three academic studies are mixed.
  • Fact check: Do bag taxes induce shoppers to bring reusable bags and get rid of plastic bags? The New York City Council adopted an ordinance requiring shoppers to pay five cents for each plastic or paper bag provided by a store. New York City Councilman Brad Lander claimed the bag tax will induce shoppers to bring bags with them to the store and get rid of plastic grocery bags. Lander is partially correct. Some studies have shown that bag restrictions do induce people to bring reusable bags to shop, and the use of reusable bags increased after bag restrictions took effect. However, some studies show that bag laws do not "get rid of" plastic bags.
  • Fact check: Is distracted driving out of control in Washington state? Endorsing legislation to prohibit holding electronic devices while driving in Washington state, a Union-Bulletin editorial said, “Distracted driving is out of control.” Collisions involving distracted driving increased by 46 percent between 2009 and 2015, and fatalities resulting from distracted driving collisions increased 6 percent. However, fatalities involving an impaired driver consistently accounted for a higher proportion of fatal collisions.

 

Read the latest fact checks.


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