The Tap: Comey's firing: How Congress responded

May 13, 2017Issue No. 65

The week in review: May 6 - May 12
What's on Tap next week: May 13 - May 19

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The week in review: May 6 - May 12
What's on tap next week: May 13 - May 19

What's on tap? Comey's dismissal sparked varying responses from congressional members. Many Democrats and Republicans expressed concern over the firing in light of the FBI's ongoing investigation into Russia's involvement in the 2016 presidential election. Others supported Trump's decision, stating that he had acted within his authority as president and citing many Democrats' prior condemnations of Comey during the course of the Clinton email investigation. Comey's removal also sparked calls from a number of Democrats to appoint a special prosecutor to lead the FBI's Russia investigation.

Review comments made by various senators and House members.

The Week in Review

Saturday, May 6

Montana special election candidates discuss healthcare in the wake of the House passing the AHCA

• In a conference call with donors last week, Greg Gianforte, the Republican candidate for the open House seat in Montana, said that he was thankful the American Health Care Act had been passed by the U.S. House of Representatives. Gianforte's campaign manager clarified, "[Gianforte is] thankful we are in the process of repealing Obamacare, because he believes we must repeal and replace Obamacare before it collapses. But he couldn't have voted for a bill without knowing what is in it and how it effects Montanans." Gianforte opposed the first version of the bill, which failed to reach a vote in March, because he did not believe it would reduce premiums. Democrat Rob Quist said that the Affordable Care Act should be strengthened rather than repealed and administrative costs reduced. "I think a lot of it is just the sheer bureaucracy, and if you have a system that is more like a Medicare system, that's one way. And not to have so many insurance companies would kind of make that happen that way," he said.
• This special election to replace the seat previously held by Ryan Zinke (R), who joined the Trump administration as secretary of the U.S. Department of the Interior in March, will be held on May 25, 2017.
• Gianforte and Quist will be joined on the ballot by Libertarian candidate Mark Wicks.

Monday, May 8

Fourth Circuit hears appeal of Trump’s immigration EO

• The United States Court of Appeals for the Fourth Circuit heard an appeal of a nationwide preliminary injunction issued in April by U.S. district judge Theodore Chuang of the District of Maryland related to President Donald Trump’s immigration executive order dated March 6, 2017. The Fourth Circuit sat en banc, meaning all active judges on the court were eligible to hear the case, however judges Allyson Kay Duncan and J. Harvie Wilkinson recused themselves.  Though judges are not obligated to provide reasons for recusal, The Washington Post noted that Acting Solicitor General Jeffrey Wall, who argued the case for the government, is Judge Wilkinson’s son-in-law.  Both Duncan and Wilkinson were appointed by Republican presidents.   During arguments, the judges focused questioning on whether the ban was a neutrally applied exercise of presidential authority over border security or whether President Trump’s statements made as a candidate provided evidence of animus towards Muslims that rendered his order discriminatorily and illegally applied to Muslims.  Another issue raised during oral argument was whether the plaintiffs in the case had standing to challenge the order as applied to them.  If the court determines that the plaintiffs’ standing is unclear, the circuit court may return the case to Judge Chuang to conduct fact-finding on the standing question.  It is not yet known when the Fourth Circuit will issue its ruling. Judge Chuang’s April order halted implementation of the portion of the executive order that would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from receiving visas. In his order, Chuang highlighted public statements made by Trump to demonstrate that there was evidence of religious purpose in suspending travel from the seven countries affected by the order. Chaung wrote, "these statements, which include explicit, direct statements of President Trump's animus towards Muslims and intention to impose a ban on Muslims entering the United States, present a convincing case that the First Executive Order was issued to accomplish, as nearly as possible, President Trump's promised Muslim ban."
• To read more on Trump’s executive order, click here.

Trump nominates eight to federal bench

• On Tuesday, President Donald Trump nominated eight individuals to serve as federal judges. Seven of those eight appointments were to Article III appointments; confirmed nominees to Article III positions are commissioned to serve life terms. The other nominee, Damien Schiff, was nominated as a judge to the United States Court of Federal Claims, an Article I tribunal. Judges confirmed to that court are commissioned to serve 15-year terms of office. The individuals Trump nominated on May 8, 2017, were:
• Joan Larsen, United States Court of Appeals for the Sixth Circuit
• John K. Bush, United States Court of Appeals for the Sixth Circuit
• Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit
• David Stras, United States Court of Appeals for the Eighth Circuit
• Kevin Newsom, United States Court of Appeals for the Eleventh Circuit
• David C. Nye, United States District Court for the District of Idaho
• Scott Palk, United States District Court for the Western District of Oklahoma
• Damien Schiff, United States Court of Federal Claims

• In addition, Trump announced his intention to nominate two other individuals to Article III positions. Those potential nominees are:
• Dabney Friedrich, United States District Court for the District of Columbia
• Terry F. Moorer, United States District Court for the Middle District of Alabama
• For more on Trump’s 2017 nominees, click here.
• To read our report on Trump’s first-term prospects for judicial nominations, click here.

Sinclair Broadcast Group expands with purchase of Tribune Media, WGN

• Sinclair Broadcast Group, already the country’s largest owner of local television stations, purchased Tribune Media—and its cable channel WGN—for $3.9 billion. The deal means that Sinclair will reach 70 percent of American households. During the 2016 presidential election, Trump advisor and son-in-law Jared Kushner struck a deal with Sinclair, giving the company more access to Trump in exchange for airing the Trump interviews on Sinclair affiliates without commentary.

Former acting AG testifies before Senate committee about Michael Flynn’s potential to be compromised

• In February 2017, Michael Flynn resigned from his position as national security advisor amid reports that he did not tell Vice President Mike Pence that he discussed sanctions against Russia with Russian ambassador Sergey Kislyak. Former Acting Attorney General Sally Yates testified before the Senate Committee on the Judiciary on Monday about Flynn's interactions with Kislyak and her subsequent communications with the Trump administration about the security risk that Flynn posed. She met with White House counsel Donald McGahn twice in January 2017 to inform him that Flynn had lied when he said he had not discussed Russian sanctions with Kislyak. "Well, our point was—is that logic would tell you that you don't want the national security adviser to be in a position where the Russians have leverage over him. Now, in terms of what impact that may have or could have had, I can't speak to that, but we knew that was not a good situation, which is why we wanted to let the White House know about it," she said. Yates added that she believed Pence had a right to know that the information he had reported to the public based on Flynn's statements was inaccurate.

Wilson confirmed as Air Force secretary

• By a vote of 76-22, Heather Wilson was confirmed by the Senate to serve as the 24th United States secretary of the Air Force. She was the first of President Donald Trump's military branch leaders to be confirmed. Trump nominated her for the position on January 23, 2017. The Air Force secretary is responsible for overseeing the United States Air Force and reports directly to the secretary of defense.
  • See also: Federal policy on the military, 2017-2020

Tuesday, May 9

Trump fires FBI Director James Comey

• President Donald Trump fired FBI Director James Comey. Initially White House officials said that Comey was fired after Attorney General Jeff Sessions and Deputy Attorney General Rod J. Rosenstein recommended that Trump do so because of Comey's handling of the investigation into Hillary Clinton’s emails, but Trump said in an interview on Thursday that he was going to fire Comey regardless of the recommendation to do so made by DOJ officials. Trump told NBC News’ Lester Holt, “I was going to fire regardless of recommendation. He [Deputy Attorney General Rod Rosenstein] made a recommendation. He's highly respected. Very good guy. Very smart guy. The Democrats like him. The Republicans like him. He made a recommendation. But regardless of recommendation, I was going to fire Comey.”
• At the time of his dismissal, Comey was investigating potential ties between the Trump campaign and the Russian government.
• Read more about the events leading up to and following Comey’s firing here.
• See what members of Congress are saying about Comey’s firing here.

Politico compiles unofficial White House visitor log

• After the White House announced that it would not make public its visitor logs, Politico compiled a database of individuals with direct access to President Donald Trump through public schedules, news stories, and reporter accounts. According to Politico, he has interacted most frequently with Secretary of State Rex Tillerson, Secretary of Commerce Wilbur Ross, and Secretary of the Treasury Steve Mnuchin in his Cabinet. The database also contains information about foreign leaders, politicians, and executives that Trump has spoken with.

Second Circuit panel hears ongoing bias discrimination class action lawsuit

• A three-judge panel of the U.S. Court of Appeals for the Second Circuit heard arguments in a class action against Sterling Jewelers, which is the parent company of Jared and Kay Jewelers, alleging various forms of discrimination and sexual harassment under Title VII of the Civil Rights Act. According to a report in The New York Times, the class action “includes 69,000 current or former employees and accuses Sterling of pay discrimination against women.” In declarations filed by some of the plaintiffs, first obtained by The Washington Post and reported by USA Today, the suit also alleges “reports of a rape, male managers cavorting in a swimming pool with topless female employees at a mandatory manager's conference and a witness who tells of a male manager suggesting that a female co-worker swipe a credit card between her breasts.” The suit, which was first filed in 2008, is part of an ongoing bias arbitration suit against Sterling. The judges on the panel were Peter Hall, Jon Newman, and Rosemary Pooler.

Republican super PAC begins airing ads in Georgia’s 6th District

• The Congressional Leadership Fund, a super PAC endorsed by House Republicans, began airing ads attacking Jon Ossoff (D) in the runoff election to represent Georgia’s 6th Congressional District on June 20. The group’s first ad, which are part of the super PAC’s $6.5 million airtime purchase, attacks Ossoff’s campaign contributions from California, claiming, “California is the leading funder of the Jon Ossoff campaign.” This is part of the Congressional Leadership Fund’s effort to support Karen Handel in the runoff against Ossoff. Recent polls have shown a competitive race within the margin of error, with no poll showing either candidate with more than 50 percent of the vote. The race has been previously reported as the most expensive U.S. House race in American history.

Director of Census Bureau to retire

• John H. Thompson, director of the U.S. Census Bureau, announced that he would retire next month. His announcement comes after reporting to Congress last week that the bureau would need an additional $309 million to collect and process census data. After being appointed in 2013, Thompson’s five-year term was set to end next year. He has been with the census bureau since 1975.

President Trump approves plan to arm Kurds in Syria

• The Pentagon confirmed that President Donald Trump had approved a plan to arm the Kurdish-led Syrian Democratic Forces (SDF) against the Islamic State in Syria. A spokesperson from the Pentagon described the SDF as "the only force on the ground that can successfully seize Raqqa in the near future." According to The Washington Post, "authorized weaponry would include small arms, ammunition, heavy machine guns, and equipment to counter vehicle-borne bombs, a tool frequently used by the Islamic State," although no timeline had been set.

Scott Gottlieb confirmed as FDA commissioner

• Scott Gottlieb was confirmed as commissioner of the Food and Drug Administration (FDA) by a 57-42 Senate vote. Previously, Commissioner Gottlieb was a fellow at the American Enterprise Institute and a consultant for pharmaceutical companies. He had previously served as the FDA's Deputy Commissioner for Medical and Scientific Affairs during the administration of George W. Bush. He was also a member of Donald Trump's presidential transition team.
• During Senate debate on the confirmation, Senator Patty Murray (D-Wash.) expressed concern over Gottlieb’s previous experience with the pharmaceutical industry, stating, “I’ve grown increasingly concerned about whether he can lead the FDA in an unbiased way, given his unprecedented industry ties.”
• Health and Human Services Secretary Tom Price released a statement following Gottlieb’s confirmation that said, “His background will be crucial for keeping the FDA as the gold standard for safe treatments while advancing new, innovative solutions to the many public health challenges our nation faces.”
• Senate Democrats Michael Bennet (Colo.), Tom Carper (Del.), Chris Coons (Del.), Heidi Heitkamp (N.D.), and Bill Nelson (Fla.) voted in favor of the confirmation. No Republicans voted against.

President Trump appoints new director of Agency for Healthcare Research and Quality

• President Donald Trump appointed Gopal Khanna as director of the Agency for Healthcare Research and Quality. Khanna’s previous roles included director of the Illinois Healthcare and Human Services Innovation Incubator and Minnesota’s chief information officer. Khanna’s appointment does not need a Senate confirmation.

Trump administration to decide on extending Temporary Protected Status for Haitians

• The Trump administration has until May 23, 2017, to decide whether to extend the Temporary Protected Status program for Haitians or let it expire. The Obama administration extended Temporary Protected Status to Haitians in 2010 following the earthquake that impacted Haiti in January of that year, allowing them to stay without risk of deportation until the situation in their home country improved. On May 9, the Associated Press reported that in addition to information regarding conditions in Haiti, the Department of Homeland Security was also seeking data on criminal activity and the use of public benefits by individuals with Temporary Protected Status; use of public benefits by such individuals is not allowed. U.S. Citizenship and Immigration Services has recommended letting the program expire.

Wednesday, May 10

Sen. Casey may use blue slip to attempt to block a possible Trump nominee to the Third Circuit

• Reports circulated late Wednesday that President Donald Trump was considering nominating David Porter, a corporate attorney, to fill a vacancy on the U.S. Court of Appeals for the Third Circuit.  The Huffington Post reported that Porter was considered for a federal district court judicial position by President Barack Obama, but that opposition to Porter’s potential nomination prompted Obama to consider other nominees.  Porter’s nomination, which could come down in the next few weeks according to The Huffington Post’s report, prompted U.S. Sen. Bob Casey (D-Pa.) to inform the White House that he was prepared to withhold his blue slip should Trump nominate Porter.  A blue slip is the name for a piece of paper a home state senator returns to the chair of the Senate Judiciary Committee to show his or her approval of a federal judicial nominee. The United States Constitution does not mandate the use of blue slips, but they are considered a senatorial courtesy; however, the consideration of blue slips is within the discretion of the Judiciary Committee chair, currently Sen. Chuck Grassley (R-Iowa), as to whether the slips influence the decision to proceed with confirmation hearings on a nominee.

• So, what could happen? If Donald Trump nominates Porter to the Third Circuit and Casey opts to withhold his blue slip, there are a few potential outcomes:

• Sen. Grassley could adhere to current practice and not schedule confirmation hearings before the Senate Judiciary Committee on Porter’s nomination.
• Sen. Grassley could go ahead with confirmation hearings citing prior precedent of the committee in earlier years.
• Trump could withdraw the nomination depending on the public’s response to Casey’s action.
• A senator could introduce a discharge resolution which, if approved by a majority of the Senate, would remove the nomination from the committee’s jurisdiction. Such a move could lead to a direct vote on the nomination on the floor of the Senate without a committee hearing or reporting recommendation. Under Senate rules, a vote on the nomination could then occur as early as one day after the Senate approved the discharge resolution.
• To find out more about how blue slips could impact judicial nominees in the 115th Congress, click here.

Senate Judiciary Committee holds hearings on three Trump nominees

• The Senate Judiciary Committee held confirmation hearings on three nominees to head agencies within the U.S. Department of Justice (DOJ). There are 56 agencies within the Justice Department. The nominees to these three positions are:
• Makan Delrahim: Assistant attorney general, antitrust division
• Steven A. Engel: Assistant attorney general, office of legal counsel
• Noel J. Francisco: United States solicitor general
• The antitrust division is the principal agency of the Justice Department charged with prosecuting antitrust cases. The solicitor general is the counsel representing the interests of the U.S. government, either as a direct party to a case or as an interested third party (an amicus curiae), in all federal appellate litigation. The office of legal counsel was described by PBS as “the most important legal office in the federal government. … It is the office which tells the executive branch, from the president to the military to the CIA to anyone else, what the law is.”  The day before the hearing, a group called American Oversight filed a lawsuit in federal district court against Francisco seeking more information regarding his involvement in litigation over Trump’s January 27, 2017, immigration executive order.  According to a report in The National Law Journal, “in his capacity as acting solicitor general, Francisco stepped aside in a Feb. 6 brief in Washington State v. Trump, a challenge to the first travel ban executive order issued by Trump.  A footnote in the brief stated that both Francisco and Chad Readler, the acting assistant attorney general, ‘refrained from signing this brief, out of an abundance of caution, in light of a last-minute filing of an amicus brief by their former law firm.’ … But 10 days later, Francisco and Readler were back in the case, signing a supplemental brief in the litigation.”  In the lawsuit, American Oversight seeks information as to “how Mr. Francisco approached ensuring that his conduct comported with applicable ethics requirements, and the steps he took to do so here, would inform the public on critical questions regarding the character and integrity of the person who seeks to be solicitor general.”  The lawsuit was not expected to impact Francisco’s nomination.

Senate fails to move forward with resolution to repeal methane rule

• The U.S. Senate voted 49-51 against moving forward with a resolution under the Congressional Review Act to repeal the U.S. Bureau of Land Management's 2016methane rule by a vote of 49-51. The rule, issued by the Obama administration as part of its climate change agenda, would require oil and natural gas operators on federal land to limit their methane emissions. The resolution to repeal the rule needed 51 votes to move forward to the full Senate for consideration. Additionally, Vice President Mike Pence visited the Capitol to vote in favor of repeal in the event of a 50-50 tie. Three Republican senators—Sen. John McCain (Ariz.), Sen. Susan Collins (Maine), and Sen. Lindsey Graham (S.C.)—joined Senate Democrats to vote against moving forward with the resolution. Prior to the vote, Graham and Collins said that they intended to vote against repeal. After the vote, McCain stated that he preferred allowing the U.S. Department of the Interior to revise the rule administratively. The deadline for passing the resolution to repeal the rule under the Congressional Review Act was May 11, 2017.
• See also: Feder al policy on energy, 2017-2020

Georgia 6 candidates weigh in on President Donald Trump firing FBI Director James Comey

• Georgia's 6th District special election candidates, Jon Ossoff (D) and Karen Handel (R), offered contrasting reactions to President Donald Trump's decision to fire James Comey from the Federal Bureau of Investigation this week. Ossoff tweeted on Tuesday, "Comey’s firing raises severe questions. There should be bipartisan support for a special prosecutor to investigate Russian interference." Handel supported Trump's decision to fire Comey. "It’s been clear for some time that FBI Director Comey has lost the confidence of Republicans, Democrats and broader institutions, and his removal as FBI Director was probably overdue. I hope that the President will quickly nominate a strong, independent leader as the next Director of the FBI and that the Senate will consider the nomination as quickly as possible," she said in a statement on Wednesday.

Aetna announces full exit from ACA insurance markets in 2018

• Aetna, the nation’s third-largest insurer, announced that it will not sell individual health plans on any state insurance exchanges in 2018 due to financial losses and regulatory uncertainty. The insurer lost $450 million on its exchange plans in 2016 and expects to lose $200 million in 2017. The news follows an announcement from Humana, the fourth-largest insurer, in February that it would also be exiting the exchanges in 2018. Anthem and Humana had planned to merge, but called off the deal in February 2017 after the merger was blocked by a federal district judge for antitrust concerns.
• See also: Health insurance exchange issues

Thursday, May 11

Eleventh Circuit hears appeal over Stingray devices

• The Eleventh Circuit Court of Appeals heard arguments Thursday in ACLU of Florida, Inc. v. City of Sarasota, Florida, et al. The case centered on the use of portable cell site simulators, which are also known as ISMI catchers or Stingray devices, by police officers. According to a report from The Globe and Mail, “at its core, an IMSI catcher like the StingRay is just another radio transmitter that pretends to be a base station or tower … except that it’s not going to route your calls through to your friends. Instead, it can identify and track your phone, as well as actually block you from making calls or in some circumstances, on some devices, can even record the calls themselves.” In its filings, the ACLU requested that the Sarasota Police Department provide public records on the department’s use of such devices. The department refused, stating that the detective who submitted the department’s applications to the state courts to use the devices did so in his capacity as a cross-sworn deputy U.S. marshal and therefore the records were federal. A state court and a federal district court denied the ACLU’s requests for the records.

Lighthizer confirmed as U.S. Trade Rep.

• The Senate voted 82-14 to confirm Robert Lighthizer as the U.S. trade representative in the Trump administration. Lighthizer, who has previously worked as a trade attorney defending domestic steel companies, served as the deputy trade representative in the Reagan administration. He will be responsible for enacting Trump’s larger trade policy agenda, which includes renegotiating NAFTA and establishing a new trade agreement with Great Britain. Lighthizer is the last Cabinet-level appointment to be confirmed by the Senate.

Friday, May 12

DNC names new CEO

• The Democratic National Committee named Jess O’Connell, former executive director of EMILY’s List, as its new CEO. O’Connell also spent time with the Center for American Progress, a think tank started by John Podesta. Since the 2016 election, the DNC has also elected a new chairman, Tom Perez. Elected in February, Perez’s efforts so far have focused investing in state party committees and down-ballot races.

Congress is in session

SCOTUS is not in session

The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Tuesday-Friday.

The U.S. Supreme Court has concluded arguments for this term. The court will hold a non-argument session on Monday, May 15, in which orders are expected and in which opinions in pending cases may be announced.

What's On Tap Next Week

Monday, May 15

Ninth Circuit panel to review Trump’s immigration EO

• A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit will review a preliminary injunction issued by Judge Derrick Watson of the District of Hawaii enjoining enforcement of President Donald Trump’simmigration executive order dated March 6, 2017.  The order, which replaced Trump’s first order issued in January of 2017, suspended for 90 days entry into the United States for individuals from Syria, Iran, Libya, Somalia, Sudan, and Yemen. The order also suspended refugee admissions to the United States for 120 days while the process was reviewed for additional national security measures that could be implemented. The order was set to go into effect on March 16, 2017, however, on March 15, Watson issued a temporary restraining order preventing implementation of the order.  Watson wrote, “"it would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam ... Certainly, it would be inappropriate to conclude, as the Government does, that it does not." On March 30, Watson granted the state of Hawaii's request to convert the temporary restraining order into a preliminary injunction, writing that the plaintiffs "met their burden of establishing a strong likelihood of success" on their claims. The injunction extended indefinitely the block against federal implementation of Section 2 and Section 6 of the executive order while the case worked its way through the courts.  That same day, the government appealed Watson’s injunction to the Ninth Circuit.  The three judges hearing the appeal on Monday are Michael Hawkins, Ronald Gould, and Richard Paez.  Depending on the outcome of the panel’s ruling, parties in the case may seek review by the full Ninth Circuit court or could appeal to the U.S. Supreme Court.

Paul Ryan will hold a campaign event for Karen Handel in Georgia’s 6th

• Speaker of the House Paul Ryan will hold a campaign event with Karen Handel (R) in Atlanta, Georgia. Ryan is supporting Handel in the runoff election, to be held on June 20, against Democrat Jon Ossoff. In the special election held on April 18, Ossoff fell short of the 50 percent threshold needed to avoid a runoff, earning 48.1 percent of the vote. Handel finished second with 19.8 percent, a total that reflects the split Republican vote between Handel and a number of competitors including Bob Gray, Judson Hill, and Dan Moody. Ryan did not endorse any specific Republican candidate prior to the April 18 election.

Tuesday, May 16

South Carolina’s 5th Congressional District holds Republican Primary Runoff

• Republican candidates Ralph Norman and Tommy Pope will be on the ballot to decide who will face Democrat Archie Parnell in the general election on June 20 to fill the vacancy in South Carolina’s 5th Congressional District. Norman and Pope were the top two vote-getters in the Republican primary held on May 2. Norman defeated Pope with 30.5 percent of the vote against Pope’s 30.2 percent. The two candidates were separated by just 112 votes in a primary with 38,903 votes cast. In the Democratic primary also held on May 2, Parnell won the party’s nomination by earning 71.3 percent of the vote, achieving the 50 percent threshold needed to avoid a runoff. The special election was called to fill the vacancy created when Mick Mulvaney (R - S.C.) was confirmed as director of the U.S. Office of Management and Budget. The race is considered a Safe Republican hold.

Comey to testify before Senate Intel Committee

• Former FBI Director James Comey will testify before the Senate Intelligence about the status of the FBI's investigation into potential ties between the Trump campaign and the Russian government. It will be a closed session.

Wednesday, May 17

Filing deadline for Alabama Senate special election

• Candidates hoping to participate in the August primary to fill the vacant U.S. Senate seat left open by the appointment of Jeff Sessions to be U.S. Attorney General must file their paperwork with the Alabama Secretary of State’s office. The deadline is 5:00 PM on May 17, 2017. The primary election will be held on August 15, with a September 26 primary runoff, if necessary. The general election will be held on December 12, 2017. The seat is currently held by former Alabama Attorney General Luther Strange (R), who was appointed by now-resigned Governor Robert Bentley.

Thursday, May 18

Feldman’s term to expire on FISA court

• Martin Feldman, a judge on the United States District Court for the Eastern District of Louisiana, will conclude his seven-year term as a judge on the United States Foreign Intelligence Surveillance Court.  The court was established in 1978 by the Foreign Intelligence Surveillance Act (FISA). The purpose of the court is to oversee requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal police agencies (primarily the FBI). Judges who serve on the court are selected by the chief justice of the U.S. Supreme Court.

Where was the president last week?

President Donald Trump, in the midst of his decisions regarding James Comey, remained in Washington, D.C.. On both Monday and Tuesday, Trump met with National Security Advisor H.R. McMaster in the Situation Room. On Monday, he connect with Vice President Mike Pence and Secretary of State Rex Tillerson. On Wednesday, Trump met with the Minister of Foreign Affairs of Russia.

Federal Judiciary

 

• 139 total federal judicial vacancies
• 10 pending nominations
• 22 future vacancies

 

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State and Local

 

 

 

The week in review: May 6 - May 12
What's on tap next week: May 13 - May 19

Highlights

Local

• On Tuesday, May 9, Seattle Mayor Ed Murray (D) announced he would withdraw his candidacy to run for re-election this year amid multiple allegations involving sexual abuse. In April, Delvonn Heckard filed a lawsuit claiming that Murray paid him for sexual favors starting in 1986, when Heckard was 15. Three other men have made similar allegations since Heckard's lawsuit was made public. Murray denied the accusations but stated that he did not want the publicity surrounding them to be a distraction in the upcoming mayoral campaign. Seattle will hold primary elections for mayor, city attorney, and two at-large seats on the city council on August 1, 2017. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.

State

• On Tuesday, May 9, Democratic candidates for governor of Virginia participated in a debate in a suburb outside of Richmond. Candidates Tom Perriello, a former member of the U.S. House, and Lt. Gov. Ralph Northam touched on a range of issues, including education funding, charter schools, immigration, healthcare, drug addiction, and the Trump administration. The primary election will take place on June 13, followed by a general election on November 7. Incumbent Governor Terry McAuliffe (D) is term-limited. The winner of the Democratic primary will go on to face one of three Republican candidates: Ed Gillespie, Corey Stewart, or Frank Wagner. Republican candidates held debates in April.  

• In the Democratic primary, Northam has received endorsements from several Virginia Democratic politicians, including Gov. Terry McAuliffe (who is term-limited), U.S. Senators Mark Warner and Tim Kaine, and every Democratic legislator in the state. Perriello, on the other hand, has received endorsements from national Democrats such as Sen. Bernie Sanders (I) and Sen. Elizabeth Warren (D) in addition to  former Obama campaign manager David Plouffe and former Hillary Clinton campaign chair John Podesta. Ballotpedia has broken down some of the key issues and policy differences between the candidates in the Virginia Democratic primary. Read more here.
• Ballotpedia rates the 2017 Virginia gubernatorial election as Leans Democrat. This rating is based on our gubernatorial race rating system. In particular, Virginia went to Hillary Clinton in 2016 with less than 55% of the electorate and currently has a Democratic governor, fitting our definition of Leans Democrat. Polling for the general election remains in early stages since the primaries have not ended. However, a Quinnipiac poll shows a lead of at least 10% for the Democratic candidate, regardless of which candidates are running, which fits Ballotpedia's definition of Likely Democrat.
• Virginia is one of 19 states under divided government. Republicans control both chambers of the legislature. All 100 seats in the Virginia House of Delegates are also up for election in 2017. Republicans have a 66-34 majority in the House.

State Politics: The Week in Review

Ballot Measures Update

2017:

• So far, seven statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, Ohio, Texas, and West Virginia—one citizen initiated measure, five legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. 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, independence/free association, or the status quo—a commonwealth or territory. 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.
• One new measure was certified for the 2017 ballot last week.
• The next signature filing deadline for citizen initiatives in 2017 is in Ohio on July 5.
• By this time in 2013, three measures had been certified for the 2013 ballot; by this time in 2015, six measures had been certified for the 2015 ballot.

2018:

• Twenty-three measures are certified to appear on statewide ballots in 2018 so far—five citizen initiated measures, 17 legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots.
• One new measure was certified for 2018 ballots last week.
• By this time in 2013, 23 measures had been certified for the 2014 ballot; by this time in 2015, 22 measures had been certified for the 2016 ballot.

Saturday, May 6

Texas Legislature Puts Home Equity Loan Amendment On 2017 Ballot

• The Texas state House voted 143-0 in favor of a constitutional amendment to make changes to the home equity borrowing system in Texas. The state Senate approved the amendment unanimously on April 20. Thus, the approval in the House certified the measure for the 2017 ballot.  The amendment has provisions (a) lowering the cap on home equity loan-related fees from 3 to 2 percent but excluding certain additional fees from this cap; (b) allowing home equity loans against agricultural property; (c) allowing the refinancing of a home equity loan with a purchase money loan; and (d) increasing the principal amount allowed for a home equity line of credit from 50 to 80 percent of the fair market value of a borrower's house. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers of the legislature to refer an amendment to the ballot.
• This is the first measure to be certified for the 2017 ballot in Texas.
• A total of seven statewide measures are currently set to appear before voters in 2017 in six different states.
• On November 4, 1997, Texans approved Proposition 8, which allowed for home equity loans. Prior to Proposition 8, Texans were not permitted to acquire home equity loans because Section 50 of Article 16 of the Texas Constitution protected homesteads from forced sales; Texas was the only state that did not allow home equity loans. Proposition 8 provided an exception from this constitutional protection for home equity loans. Read more about voter-approved changes to the state’s laws governing home equity loans here.

 

Verbatim Fact Check

Texas Central Railroad and Infrastructure, Inc. (TCRI) and its affiliates are pursuing development of a high-speed train between Dallas/Fort Worth and Houston. Five Texas state senators and ten state representatives have filed more than 20 bills to regulate high-speed rail projects. According to state Representative Leighton Schubert (R-District 13), "This group of foreign investors is threatening to seize family farms, physically divide the state of Texas, and have a gravely detrimental impact on the citizens I represent." Is Schubert correct that project investors threatened to seize family farms? Yes. Company officials have repeatedly asserted that TCRI has legal authority to exercise the powers of eminent domain. That would allow the company to survey private property without the owner’s permission, and to forcibly acquire the property for its project upon payment to owners for its fair market value. Whether TCRI actually does have the legal authority to exercise such powers is a matter of dispute.

Is Texas Central Partners threatening to seize family farms?

 

Monday, May 8

Colorado Voters to Decide in 2018 Whether to Allow Younger Legislators

• The Colorado state House voted 45-20 in favor of a constitutional amendment—Senate Concurrent Resolution 1—to lower the minimum age requirement for members of the legislature from 25 to 21; 42 votes were required to pass the resolution. As the state Senate approved the amendment 29-6 on April 25, it now goes to the voters in November 2018. The amendment would apply to members of both the state Senate and the state House. Colorado is one of 16 states that require a two-thirds supermajority vote in both chambers of the legislature to refer an amendment to the ballot.
• Due to the passage of Amendment 71 in 2016, a 55 percent vote at the ballot box is required to pass this amendment.
• In 2008, voters rejected Referendum L, a similar amendment designed to reduce the age qualification from 25 to 21 for electors to be members of the legislature. The vote was 46.5 percent in support to 53.5 percent against.
• Currently, 17 other states have a minimum age requirement of 25 to serve in the state Senate, and two other states have a minimum age requirement of 25 to serve in the state House.
• Currently, 12 states have a minimum age requirement of 21 to serve in the state Senate, and 27 states have a minimum age requirement of 21 to serve in the state House.

Texas Attorney General Files Lawsuit Seeking to Declare New Sanctuary Jurisdiction Law Constitutional

• Texas Attorney General Ken Paxton (R) filed a lawsuit with the U.S. District Court for the Western District of Texas requesting that the court uphold the state’s new law on sanctuary jurisdictions as constitutional. In general, the term sanctuary jurisdiction may refer to a city, county, or state that has enacted policies which limit the involvement of local officials in the enforcement of federal immigration law. Senate Bill 4—which Gov. Greg Abbott (R) signed into law on May 7—makes it a Class A misdemeanor for Texas law enforcement officials who fail to comply with federal immigration policy or refuse to cooperate with federal immigration authorities. The bill also allows law enforcement officials in Texas to question an individual’s immigration status during detainment. Critics of the legislation have stated that it encourages profiling based on race or ethnicity and will discourage cooperation between law enforcement and immigrant communities. Supporters have said that it will help reduce unauthorized immigration and make the state safer. Paxton’s lawsuit names as defendants the city of Austin, Travis County, Travis County Sheriff Sally Hernandez, and the Mexican American Legal Defense and Education Fund. Hernandez and government officials in Austin and Travis County have publicly criticized Senate Bill 4.
• The state is seeking declaratory judgement with the lawsuit. Any ruling that emerges from the lawsuit will require no action from parties involved but will instead serve as the court’s opinion on the matter. A ruling in the state’s favor could have the effect of limiting future litigation against Senate Bill 4. One lawsuit, however, has already been filed against the law. On May 9, Maverick County and the city of El Cenizo filed a lawsuit arguing that Senate Bill 4 violates the Texas and U.S. constitutions.  
• In a statement, Paxton said, “This is a public safety issue that requires swift resolution. If a Texas sheriff or other law enforcement authority cannot lawfully honor an ICE detainer, dangerous people will slip through the cracks of the justice system and back into our communities.”
• Austin Mayor Stephen Adler responded to the lawsuit, saying, “I'm glad the action is moving to court where it's not about politics, it's about the law. A judge will decide whether the United States of America or Texas determines federal immigration policy and whether local police and prosecutors have the discretion to keep their communities safe.”
• According to the Pew Research Center, an estimated 1.6 million immigrants were living in Texas without legal authorization as of 2014. In February 2017, Ballotpedia conducted a study of sanctuary jurisdictions in the country’s 100 largest cities by population, 13 of which are in Texas. The study found one city in Texas that has been identified as a sanctuary jurisdiction: Austin, the state capital.   
• The Senate passed Senate Bill 4 on May 3 with a 20-11 vote, while the House passed it last month 93-54. Republicans have majorities in both chambers: 20-11 in the Senate and 95-55 in the House. Texas is one of 25 Republican state government trifectas.
• See also: Sanctuary jurisdictions and Sanctuary policy preemption conflicts between the federal and local governments

Proposal For Interstate Compact On Redistricting Vetoed In Maryland

• Gov. Larry Hogan (R) vetoed legislation passed by the Maryland General Assembly that proposed changes to Maryland’s redistricting procedures. The bill—which passed the House 87-51 and the Senate 30-16—sought to establish an independent redistricting panel that would be responsible for drawing the boundary lines for congressional and state legislative districts in Maryland. Enactment of the bill, however, requires passage of the same legislation in five other states: New York, New Jersey, Pennsylvania, Virginia, and North Carolina. This type of legislation is called an interstate compact. Supporters of the bill called it the Mid-Atlantic Regional Compact. In vetoing the proposal, Hogan stated, “Instead of choosing fairness and real nonpartisan reform, [the Assembly] pushed through a phony bill masquerading as redistricting reform. It was nothing more than a political ploy designed with one purpose in mind: To ensure that real redistricting reform would never actually happen in Maryland.” In March 2017, Hogan backed legislation establishing a nonpartisan redistricting commission in Maryland (without participation from other states) but the Assembly rejected the proposal. Assembly leadership—Senate President Thomas Mike Miller (D) and House Speaker Michael Busch—released a joint statement in reaction to Hogan’s veto, saying, “Today's veto reveals that, instead of supporting a true, nonpartisan solution that could restore accountability and cooperation to Washington, Governor Hogan prefers his plan to simply elect more Republicans to Congress.”
• Maryland is one of 19 states under divided government. Republicans control the governorship, while Democrats have a 91-50 majority in the House and a 33-14 majority in the Senate. Democrats had a trifecta in the state from 2007 to 2014.  
• Veto overrides in Maryland require three-fifths majorities in both chambers: 85 in the House and 29 in the Senate.
• Maryland legislators serve four-year terms and are all up for election in 2018. Legislators elected or re-elected in 2018 will shape Maryland’s 2020-2022 redistricting process.  
• The other five states considered part of the proposed Mid-Atlantic Regional Compact all operate under divided government.
• A total of 43 states are required to draw new congressional district lines every 10 years following completion of the United States Census (the remaining seven states contain only one congressional district each). State legislatures are primarily responsible for redistricting in 37 states. In four of these states, advisory commissions are involved in the process; in two, backup commissions or procedures are required to draw the lines if state legislatures are unable to adopt plans. In four states, independent commissions draw congressional district lines. In two states, commissions made up of politicians draw the lines.
• See also: State-by-state redistricting procedures

Florida Governor Rick Scott (R) Calls for Special Election to Fill Senate District 40

• On May 8, 2017, Florida Gov. Rick Scott (R) called for a special election to fill State Senate District 40. The district was previously represented by Republican Frank Artiles. He resigned on April 21, 2017, following an exchange where he used a racial slur in front of two black state senators. The special election will be held on September 26, 2017. There will be a special primary election on July 25, 2017. The qualifying deadline for candidates wishing to run in the special primary election is May 31, 2017. In November 2016, Artiles defeated incumbent Democratic state Senator Dwight Bullard. Republicans have a 28-12 advantage in the Florida State Senate. Florida is one of 25 Republican state government trifectas.

Nebraska Legislature Upholds Veto Of Bill Restoring Voting Rights For Felons

• The Nebraska Legislature voted against overriding Gov. Pete Ricketts’ (R) veto of a bill that would have restored voting rights for felons in Nebraska upon completion of their sentence. Nebraska currently requires a two-year waiting period before felons regain voting rights. The bill—LB 75—previously passed the state’s unicameral legislature 27-13 (nine legislators abstained). Supporters of the bill argued that the immediate restoration of voting rights would increase civic engagement and discourage ex-felons from committing crimes after their release. In vetoing the bill, Ricketts argued that studies have failed to establish a connection between voting rights and reduced recidivism rates. He also cited constitutional concerns with the bill and added that the two-year waiting period provided an incentive to avoid committing crimes. Nebraska’s recidivism rate—the rate at which individuals return to prison after serving a sentence—is 31.3 percent. Veto overrides in Nebraska require 30 votes. The override attempt fell seven votes short. LB 75 would have affected an estimated 7,800 individuals in Nebraska.
• In 45 states (as well as Washington, D.C.), convicted felons cannot vote while they are incarcerated, but may regain the right to vote upon their release or at some point thereafter. Twenty states restore voting rights to convicted felons once they complete their entire sentences, which include prison time, parole, and probation. In two states—Maine and Vermont—felons retain the right to vote during incarceration. In three states—Florida, Kentucky, and Iowa—convicted felons never regain the right to vote.
• Nebraska is one of 25 Republican state government trifectas.
• See also: Voting rights for convicted felons       

Florida Legislative Session Ends

• Florida’s legislative session came to an end. The legislative session was originally scheduled to end on May 5. Lawmakers, however, were required by state law to submit a budget 72 hours before then. The session was extended into this week. On April 26, 2017, lawmakers in the house and senate reached a tentative agreement on an outline for an $83 billion budget. The house had reportedly advocated for an $81.2 billion spending plan, while the Senate has pushed for an $85.1 billion plan. Much of the disagreement revolved around spending on education, economic development, the environment, and potential cuts to the state’s tourism marketing corporation, Visit Florida. Final passage of the $83 billion budget occured on Tuesday. It now heads to Gov. Rick Scott (R). Florida is one of 25 Republican state government trifectas.
• The legislature considered implementing legislation for Amendment 2, approved in November 2016 by 71.32 percent of voters. Amendment 2 was an initiative legalizing medical marijuana. The state legislature had the power to set rules for medical marijuana, but failed to pass legislation to implement the amendment during its 2017 legislative session. As the legislature did not pass a bill, the task of setting the rules and regulations to implement the amendment by July 3, 2017, falls to the Florida Department of Health. Richard Corcoran, speaker of the Florida House of Representatives, said he would like a special legislative session to address medical marijuana legislation. Joe Negron, president of the Florida Senate, stated that the legislature has a responsibility to be involved in developing rules and regulations. John Morgan, whose firm was the largest donor to the amendment's support campaign, called on Gov. Scott to convene a special session to address Amendment 2. The state is supposed to issue IDs for medical marijuana patients by October 3, 2017.

Tuesday, May 9

Special Elections in the Oklahoma House of Representatives

• Two special elections were held for District 28 and District 75 of the Oklahoma House of Representatives.  
• District 28 was left vacant following Tom Newell’s (R) resignation to take a position in the private sector.  Zach Taylor (R) defeated Steve Barnes (D) and Cody Presley (L) in the special general election.  The district was heavily favored for the Republican candidate—Donald Trump won with 73 percent of the vote in November 2016 and Newell won re-election in 2016 by 33 points. Unofficial results for the special election, however, have Taylor winning with just 50.5 percent of the vote: 1,221 votes to Barnes’ 1,165 votes. House District 28 is located east of Oklahoma City and includes some of its suburbs. Democrats controlled the district until 2010, when Newell first won re-election.     
• Primary elections were held for state House District 75. Dan Kirby (R) resigned the seat effective March 1 after facing possible expulsion from the state House. Karen Gaddis (D) and Tressa Nunley (R) advanced to the July 11 general election. With three vacancies, Republicans maintain a 72-26 majority in the state House. Oklahoma is one of 25 Republican state government trifectas.

Wednesday, May 10

Vermont Legislature Passes Marijuana Legalization Bill

• The Vermont Legislature approved a bill legalizing recreational marijuana. In doing so, the Legislature became the first state legislature in country to approve marijuana legalization. The eight states that have already approved marijuana legalization did so through statewide ballot measures. The bill in Vermont allows individuals to possess up to one ounce of marijuana and, by July 2018, up to two mature marijuana plants. It also establishes a commission to study methods for taxing and regulating recreational marijuana. The House passed the bill 79-66. The Senate passed it 20-9. Gov. Phil Scott (R), as of May 11, had not committed to signing or vetoing the bill. He told Vermont’s NPR station, “It’s no secret that I don’t believe this a priority for Vermont.  … I’ll take a look at the bill. But I’ve been pretty clear that I’d like to see some improvements to the bill to make sure we have structures in place that provide safety to Vermonters.” If Scott vetoes the bill, the legislature would need two-thirds majorities (of those present) in both chambers to override the veto. Vermont is one of 19 states under divided government. Republicans control the governorship, while Democrats have majorities in the House and Senate.          

First Primary Debates For The New Jersey Gubernatorial Election

• The first debates for New Jersey’s gubernatorial elections took place at Stockton University in Galloway, New Jersey. Republican candidates debated first. Five Republicans filed for the June 6 primary, though only two participated in the debate: Lt. Gov. Kim Guadagno and state Rep. Jack Ciattarelli. Democrats went second. Six Democrats filed for the primary, and four were at the debate: former U.S. Treasury Official under the Clinton administration Jim Johnson, state Sen. Raymond Lesniak, former U.S. Ambassador to Germany Phil Murphy, and state Rep. John Wisniewski. The debates were sponsored by the New Jersey Election Law Enforcement Commission, which required candidates to have raised at least $430,000 or have $430,000 in their campaign accounts in order to participate in the debates. Discussion topics for both sets of candidates included pension funding, education funding, transportation infrastructure, marijuana legalization, energy, and tax policy. Incumbent Gov. Chris Christie (R) is term-limited. The general election will take place on November 7.   
• Ballotpedia rates the 2017 New Jersey gubernatorial election as Lean Democrat. This rating is based on our gubernatorial race rating system. In particular, current polls show Democratic frontrunner Phil Murphy with a lead of more than 20% over Republican frontrunner Kim Guadagno and New Jersey went to Hillary Clinton in 2016 with more than 55% of the electorate, fitting our definition of Likely Democrat. However, the sitting governor is a Republican, fitting our definition of Toss-up.     
• New Jersey is one of 19 states under divided government. Republicans control the governorship, while Democrats have a 52-28 majority in the Assembly and a 24-16 majority in the Senate. Both chambers of the legislature are holding elections in 2017. All 40 seats are up for election in the Senate, and all 80 seats are up for election in the Assembly.

South Carolina Legislature Overrides Veto Of Infrastructure Bill

• The South Carolina State Legislature voted to override Gov. Henry McMaster’s (R) veto of an infrastructure bill that included a gas-tax increase. The Senate voted on Monday 32-12 in favor of the bill, while the House backed it 99-20. The bill proposed a 12-cents per gallon increase to the state’s gas tax, in addition to other increases to driving fees. The increases would collectively generate an estimated $630 million per year for the South Carolina Transportation Department, which previously requested an additional $1 billion per year for infrastructure repairs throughout the state. The state currently taxes gas at 16.75 cents-per-gallon, which generates $600 million per year. McMaster has opposed the gas-tax increase and advocated for requesting funds from the federal government and issuing $1 billion in state bonds. McMaster vetoed the bill on May 9. Both Democrats and Republicans in the legislature backed the veto override: 32 senators and 95 members of the House. Veto overrides in South Carolina require a two-thirds majority in both chambers.
• South Carolina is one of 25 Republican state government trifectas. McMaster became governor in January 2017, following Gov. Nikki Haley’s (R) confirmation as U.S. Ambassador to the United Nations. The governor’s office will be up for election in 2018. Republicans have majorities in the House and Senate.   

Illinois General Assembly Approves Legislation Allowing For Public Funds For Abortions And Keeping Abortion Legal

• The Illinois General Assembly approved legislation allowing for state employee health insurance plans and Medicaid funds to cover abortions. The legislation also removes language in a 1975 state law articulating plans to criminalize abortion in the event that Roe v. Wade is overturned. Supporters of the bill have argued that its second component is necessary due to statements made by President Trump (R), indicating that he intends to nominate Supreme Court justices who are opposed to abortion. The House passed the bill 62-55. The Senate passed it 33-22. Gov. Bruce Rauner (R), however, has voiced opposition to the bill. A spokesperson for Rauner said, “Gov. Rauner is committed to protecting women's reproductive rights under current Illinois law. However, recognizing the sharp divisions of opinion of taxpayer funding of abortion, he does not support [the legislation].” If Rauner vetoes the bill, a three-fifths majority in both chambers is required to override the veto: 71 in the House and 35 in the Senate. Illinois is one of 19 states under divided government. Republicans control the governorship, while Democrats have a 67-51 majority in the House and a 37-22 majority in the Senate.

Tennessee Legislative Session Ends

• Tennessee’s legislative session came to an end. The session began on January 10 and was originally projected to end on May 5. The session continued into this week due to disagreements among Republican lawmakers over a series of spending amendments to a proposed $37 billion budget plan. The budget passed the legislature on May 8. Tennessee is one of 25 Republican state government trifectas.

Arizona Legislative Session Ends

• Arizona’s legislative session came to an end. The legislature began its session on January 9 and passed a $9.8 billion budget on May 5. Arizona is one of 25 Republican state government trifectas.

Colorado Legislative Session Ends

• Colorado’s state legislative session came to an end. The session began on January 11, 2017. The legislature passed a $26.8 billion budget on May 3, 2017. Colorado is one of 19 states under divided government.

Thursday, May 11

Veto Referendum Petition Campaign Announced Targeting the Repeal of ESA Expansion

• Save Our Schools Arizona filed a veto referendum petition with state officials to seek to repeal Senate Bill 1431, which expanded Arizona’s Empowerment Scholarship Accounts (ESA) program. The ESA program—which has some similarities to a school voucher system—allows parents or guardians to use a prepaid bank card provided by the state to pay for education-related tuition and fees, textbooks, tutoring, educational therapies, and curriculum. An ESA is funded at 90 percent of what the state would have paid for the student in a district or charter school. Recipients of ESAs are required to submit quarterly spending reports to the Arizona Department of Education (DEP). SB 1431 would make all public-school students eligible to apply for an ESA by 2021. If Save Our Schools Arizona is able to collect the required 75,321 valid signatures by August 8, SB 1431 will be suspended until the 2018 election, when Arizona voters will vote either yes to support the bill or no to repeal it. Signatures are due 90 days following the adjournment of the legislative session on May 10. Arizona is one of 25 Republican state government trifectas.
• In 2011, Arizona became the first state to establish an ESA program. The original program allowed parents or guardians of students with disabilities to sign a contract to opt out of the public school system and instead receive an ESA from the DEP.  Between 2011 and 2017, the program was expanded to cover (a) students attending D and F schools; (b) foster care children; (c) children in military families; (d) siblings of current or previous ESA recipients; (e) students who were eligible for the Arizona Scholarships for Pupils with Disabilities Program; (f) children with a parent who is legally blind, deaf, or hard of hearing; and (g) students residing on a Native American Indian Reservation.
• The state Senate approved SB 1431 by a vote of 16-13, with one senator abstaining; 16 of 17 Republicans approved it (one opposed it), and 12 of 13 Democrats opposed it (one abstained). The state House voted 31-28 to approve the bill, with one representative abstaining; 31 of 35 Republicans approved it (four opposed it), and 24 of 25 Democrats opposed it (one abstained). Gov. Doug Ducey (R) signed SB 1431 and said, “Today, we lead the nation again with a bill that’s fiscally responsible, improves accountability and transparency, and prioritizes low-income students and families.”
• U.S. Secretary of Education Betsy DeVos congratulated the state government for passing the bill.
• One measure—a legislative referral to change the pension system for correctional officers—is certified for the 2018 ballot in Arizona so far.

TwoVeto Referendum Petitions Filed to Repeal New Arizona Initiative Laws

• Voters of Arizona, a political committee, filed two veto referendum petitions with the secretary of state’s office to repeal House Bill 2404 (HB 2404) and House Bill 2244 (HB 2244). HB 2404 was designed to (1) prohibit paying initiative circulators according to the number of signatures collected; (2) make paying circulators on a per-signature basis a class 1 misdemeanor; and (3) increase the number of days that legal challenges to the registration of circulators can commence from five days to ten business days after signatures are filed. HB 2244 was designed to require strict scrutiny of initiative petitions and strict compliance with all rules surrounding the process. Grant Woods, former state attorney general, and Paul Johnson, former mayor of Phoenix, founded Voters of Arizona. If Voters of Arizona is able to collect the required 75,321 valid signatures for each referendum by August 8, the bills will be suspended until the 2018 election. Signatures are due 90 days following the adjournment of the legislative session on May 10.
• Grassroots Citizens Concerned also filed a referendum against House Bill 2404 on March 30, 2017.
• HB 2404 passed the state Senate by a vote of 17-13. The state House passed the bill by a vote of 34-22, with three members abstaining. Republicans (with one abstaining) supported the bill in both chambers, and Democrats (with two abstaining) opposed it in both chambers.
• HB 2244 passed the state Senate by a vote of 16-14; 16 of 17 Republicans approved it (one opposed it), and all 13 Democrats opposed it. The state House passed the bill by a vote of 34-23; 34 of 35 Republicans supported the bill (one abstained), and 23 of 25 Democrats opposed it (two abstained).
• HB 2404 and HB 2244 were the two changes that the legislature approved to rules governing the initiative process during the 2017 legislative session.

New Mexico Supreme Court Rejects Legislative Council’s Lawsuit Against Gov. Martinez

• Oral arguments before the New Mexico Supreme Court were set to begin in a lawsuit brought by the New Mexico State Legislature against Gov. Susana Martinez (R) on May 15, but the court elected on Thursday not to proceed forward with the case. In a two-page order, the court stated that the case was “not ripe for review” and also noted that Martinez has called for a special legislative session to begin on May 24 to deal with the state budget.     
• Leadership in the legislature filed the lawsuit in April, arguing that Martinez overstepped her constitutional authority as governor in vetoing funding for higher education and the legislature.  The Democratic Party-controlled legislature sent a $6.1 billion budget to Martinez in March that included spending and tax increases. In April, Martinez used line-item vetoes to reject the tax increases, defund the legislature, and cut $745 million in funding for state universities and community colleges. The lawsuit states that Martinez’s line-item veto of funding for the legislature “violates the essence of the constitutional doctrine of separation of powers.” It also argues that the state constitution prohibits “the wholesale defunding, through a purported line-item veto” of the state’s institutions of higher education. Martinez filed an official response to the lawsuit on May 5, arguing that she had followed the proper procedure for announcing a line item veto and did so within the required legal time frame. She added that, if the court chose to override her vetoes, the court would be violating the principles of separation of powers by "exercising legislative powers when not expressly directed or permitted to do so." In April, after the lawsuit was filed, a spokesperson for Martinez stated, “The governor doesn't believe families should have to shoulder $350 million in tax hikes, and she's going to continue to block the Senate's efforts to do so.”
• The New Mexico Supreme Court is made up of five justices. Four of them are Democrats, while one is a Republican. Democrats have majorities in both the New Mexico House and Senate. The state is one of 19 states under divided government.
• See also: Legislative Council v. Martinez

Alabama Ten Commandments Amendment Moves Closer to 2018 Ballot

• The Alabama state Senate voted 23-7 in favor of a constitutional amendment—SB 139—that would authorize the display of the Ten Commandments on public property—including public schools—and add three statements about religious rights to the state constitution. If 63 members of the state House vote in favor of the amendment, it will go before voters in November 2018. The Alabama state House has 72 Republican members and 33 Democratic members. In the Senate, 22 out of 26 Republicans voted in favor of the amendment (four abstained), and seven out of eight Democrats voted against the amendment (one voted in favor). The state’s only Independent senator abstained from voting. Alabama is one of nine states that require a 60 percent supermajority vote in the legislature to go to the ballot. The amendment would also require the Ten Commandments to be displayed "in a manner that complies with constitutional requirements," including being mixed with historical or educational items, and it would forbid the state from using public funds to defend the constitutionality of the amendment. Alabama is one of 25 Republican state government trifectas.
• One statewide ballot measure—an amendment about the state’s abortion policy—is certified for the 2018 ballot in Alabama so far.
• On average, between 8 and 9 ballot measures are on the ballot in Alabama during even-numbered years.

Special Elections

As of this week, 19 state legislative seats have been filled through special elections in 2017 and another 32 special elections have been scheduled in 20 states.

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, however, issued an order on January 10, 2017, halting 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:

May 16, 2017

• Georgia State Senate District 32 (Runoff)

May 23, 2017

• New Hampshire House of Representatives District Carroll 6
• New Hampshire House of Representatives District Hillsborough 44
• New York State Senate District 30
• New York State Assembly District 9

May 27, 2017

• Louisiana State Senate District 2

State Politics: What's On Tap Next Week

Monday, May 15   

Kansas Legislative Session Scheduled To End Amid Revenue Shortfall

• Kansas’ legislative session is scheduled to end. The legislative session began on January 9. Lawmakers have grappled with a projected $887 million revenue shortfall over the next two years. In addition, the Kansas Supreme Courtruled in March that state funding for K-12 education failed to meet constitutional requirements. On May 10, in a 22-18 vote, the state Senaterejected a bill proposing to roll back cuts to state income taxes supported by Gov. Sam Brownback (R) in 2012. Proponents of the bill argued that it would have generated more than $1 billion in revenue over a span of two years. Kansas is one of 25 Republican state government trifectas.   

Tuesday, May 16

Special Runoff Election for Georgia State Senate District 32

• A special runoff election to fill Georgia State Senate District 32 will be held on May 16. There was a special election held on April 18, and, because no candidate earned more than 50 percent of the vote, top finishers Christine Triebsch (D) and Kay Kirkpatrick (R) advanced to a runoff. The seat was previously held by Republican Judson Hill, who vacated it to run for the opening in Georgia’s 6th Congressional District following the appointment of Congressman Tom Price (R) as U.S. Secretary of Health and Human Services. District 32 is located almost entirely inside the CD-6 boundaries, and the special elections for District 32 and CD-6 both took place on April 18. The CD-6 election advanced to a runoff between Jon Ossoff (D) and Karen Handel (R) that will be held on June 20. In District 32, Triebsch won the plurality of the vote in the eight-candidate election with 24.2 percent. The five Republican candidates earned 60.2 percent of the total vote compared to 39.8 percent for the three Democratic candidates. Republicans currently have a 37-18 advantage in the Georgia State Senate. Georgia is one of 25 Republican state government trifectas.

Wednesday, May 17

Oral Arguments To Begin In Mississippi Supreme Court Over Education Funding

• Oral arguments are scheduled to begin in the Mississippi Supreme Court in a case to decide whether or not the state has adequately funded a state education funding program. In 1997, the state passed into law the Mississippi Adequate Education Program (MAEP). It established formulas for education funding in Mississippi. Former Gov.  Ronnie Musgrove (D), who helped design the program during his tenure as lieutenant governor from 1996 to 2000, filed a lawsuit on behalf of 21 school districts arguing that the state has fallen short of fully funding the MAEP since 2008 by an estimated $1.5 billion. Republican leadership in the legislature announced plans earlier this year to to rewrite the program’s funding formula. Mississippi is one of 25 Republican state government trifectas.   
• In 2015, Mississippi voters decided on an initiative—Initiative 42—designed to give the state’s chancery courts control over ensuring the funding of an “adequate and efficient system of free public schools.” The legislature put an alternative to Initiative 42 on the ballot—Alternative Measure 42A—which was designed to keep control over education funding with the legislature. When an alternative measure is provided in Mississippi, the ballot asks two questions, the first asking if voters want “either” or “neither” measure and the second asking voters to choose between the initiative and the legislative alternative. Both measures were defeated when 51.66 percent of voters chose the “neither” option. In the second question, 59.04 percent of voters chose Initiative 42 over Alternative Measure 42A.

Alaska Legislative Session Scheduled To End

• Alaska’s legislative session is scheduled to come to an end. The session began on January 17, 2017. Budget negotiations are still ongoing in the Legislature as both chambers debate solutions to a $2.5 billion deficit. Alaska is one of 19 states under divided government. Gov. Bill Walker is an independent. Republicans have a 14-6 majority in the Senate, while a coalition of 17 Democrats, three Republicans, and two independents control the House.  
• See also: Minority and coalition control of state legislative chambers

Friday, May 19

Special Election Filing Deadlines for Washington State Legislature

• Special elections will take place in the Washington State Senate and Washington House of Representatives on November 7, 2017, in order to address eight vacated seats between the two the chambers.  The filing deadline for all eight seats is May 19.  In the state Senate, five seats are up for election: District 7 (R), District 31 (R), District 37 (D), District 45 (R), and District 48 (D). (The party affiliation tags note which party currently holds the seat.)  Each seat has had a legislator appointed to serve in the position until the special elections are held.  Democrats hold a 25-24 numerical majority in the state Senate, but a power-sharing agreement gives Republicans effective control of the chamber. The 2017 special elections give Democrats an opportunity to regain control of the chamber and restore a previously-held trifecta. In the state House, District 7 (R), District 31 (R), and District 48 (D) are up for election.  Democrats control the chamber with a 50-48 majority. Washington is one of 19 states under divided government.

 

 

 

 

Local Politics: The Week in Review

Elections Update

• In 2017, Ballotpedia is covering municipal elections across 54 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across seven states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 461 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 23 city elections, eight county elections, and 160 school board elections. Ballotpedia will cover between 100 and 200 local ballot measures in California in 2017.
• Local ballot measure elections occurred in California on January 10, February 28, March 7, March 28, April 4, April 11, April 25, May 2, and May 9.
• Ballotpedia also covered local ballot measure elections on March 7 In Missouri, April 4 in Missouri, May 2 in Alaska, May 2 in Ohio, and  May 6 in Texas,
• The next local ballot measure elections Ballotpedia will cover are on May 16 in Arizona, California, Oregon, and Pennsylvania.

Saturday, May 6

Elections held across Texas

• Municipal elections took place in nine Texas cities that are among the 100 largest cities in the country. In those cities, there were nonpartisan general or special elections for eight mayors and 49 city council seats. In cases where no candidate received greater than 50 percent of the vote in an election, a runoff election will take place on June 10, 2017. Among those nine cities:
• Two mayoral races, in San Antonio and El Paso, will require a runoff.
• Runoff elections will be necessary for 18 city council seats. The largest number of those, six, will take place in San Antonio, with three each in Dallas and El Paso.
• Thirty-six city council incumbents were running for re-election. While some of those may be facing runoff elections, only four incumbents lost in the general election - in Dallas, El Paso, Fort Worth, and San Antonio.

The highlights:

• A nonpartisan special election was held to elect a new mayor in Corpus Christi. At-large Councilman Joe McComb won this election with 52 percent of the vote. Former Mayor Nelda Martinez finished second with 30 percent. The election was triggered after former Mayor Dan McQueen resigned on January 18, 2017, when he was 37 days into his term. McQueen's resignation came as he was facing questions about comments he had posted on Facebook about the public, the media, and city leadership. McQueen also faced scrutiny over his own educational background and his choice of chief of staff. The replacement for Mayor-elect McComb’s at-large seat will be selected by a majority vote of the other members of the city council. Corpus Christi is the eighth-largest city in Texas and the 60th-largest city in the U.S. by population.
• A nonpartisan general election was held for all 14 seats of the Dallas City Council. Ten incumbent council members won re-election. One incumbent, Carolyn King Arnold, lost her District 4 seat to former council member Dwaine Caraway. In the three other races, no candidate received greater than 50 percent of the vote; thus, runoff elections will be held in Districts 6, 7, and 8 on June 10, 2017. Dallas is the third-largest city in Texas and the ninth-largest city in the U.S. by population.
• On May 9, the Dallas County District Attorney’s office launched a criminal investigation into voter fraud allegations after residents complained of having received mail-in ballots which were not requested. A judge sequestered 426 mail-in ballots in the District 6 city council race and 245 ballots in the District 2 race, and those votes have not been counted or included in the reported totals. Since the second- and third-place finishers in the District 6 race were only separated by 48 votes, these ballots could affect who advances to the runoff election in this contest.
• Nonpartisan general elections were held for mayor and all 10 city council seats in San Antonio. Mayor Ivy R. Taylor (D) finished first in a 14-candidate field in her bid for a second full term, but since she did not receive greater than 50 percent of the vote, she will face District 8 city council member Ron Nirenberg in a runoff on June 10, 2017. In addition, six of the 10 city council races will also require a runoff on that date, including all four open-seat races in Districts 6, 8, 9, and 10. Only four contests were conclusively decided in the general election. Three city council incumbents won new terms, but District 7 city council member Cris Medina was defeated by Ana Sandoval. San Antonio is the second-largest city in Texas and the seventh-largest city in the U.S. by population.

• Voters in Texas’ largest cities also voted on numerous ballot measures, including bond issues for various city improvements and the establishment of special utility districts.
• Voters in San Antonio approved all six city bond measures to fund improvements to streets, bridges, sidewalks, drainage and flood control, parks, recreation, open spaces, library and cultural facilities, and public safety facilities, as well as to implement the city’s 2017 urban renewal plan. In all, the bond measures totaled $850 million.
• Voters in Plano approved five of six city bond propositions totalling $220.62 million to fund projects to improve transportation and drainage infrastructure, public safety facilities, city parks, recreation facilities, and city libraries. A bond proposal seeking $3.5 million for historical preservation projects was defeated.
• Voters in the Houston Independent School District approved Proposition 1, which authorized the district to pay the state an estimated $77.5 million in the first year and additional payments in following years to purchase attendance credits that would allow the district to retain within the district boundaries commercial property that brings in local property tax revenue. The measure was approved by 84 percent of the district’s voters. A similar measure was on the ballot on November 8, 2016, when 62.64 percent of voters rejected it. About 330,000 voters cast ballots on the measure in November 2016; about 30,000 voters turned out to vote for Proposition 1 in 2017. In November 2016, the estimated payments required to purchase enough attendance credits were higher, with the first annual payment estimated at $162 million.

• Nonpartisan general elections were held across 69 of the largest school districts in Texas. A total of 197 seats were up for election, with seven of these seats being special elections to fill vacancies. Fifty of these seats in 24 districts were canceled due to lack of opposition, and 14 of those districts canceled their elections altogether because all of their seats were unopposed. The 69 school districts in Texas where seats were up for election served 2,180,781 K-12 students during the 2014-2015 school year —approximately 77 percent of all public school students in the state.
• Two of three incumbents won re-election to the Katy Independent School District board of trustees; however, incumbent Henry Dibrell was defeated by William Lacy in the race for the Position 5 seat. Board members George Scott and Charles Griffin, who were not up for election in 2017, either publicly endorsed or financially supported Lacy’s campaign, while board President Rebecca Fox and member Bryan Michalsky, who were also not up for re-election, endorsed Dibrell. One of the key issues in this race was Dibrell’s efforts to start a coalition to advocate for education issues at the state level without notifying other board members. Though more than a dozen other school districts joined the coalition, Katy ISD did not. Instead, the board voted to dissolve the district's legislative committee and gave all power to represent the district's legislative agenda to the superintendent.
• Two of three incumbents won re-election to the Dallas Independent School District board of trustees. A third incumbent, Dustin Marshall, will face challenger Lori Kirkpatrick in a runoff election on June 10, 2017. None of the incumbents in the district's 2014, 2015, or 2016 elections were defeated in their bids for re-election.

Monday, May 8

Outgoing Irving mayor joined Trump administration

• Irving Mayor Beth Van Duyne (R), who did not seek re-election this year, was officially named a regional administrator with the federal Department of Housing and Urban Development (HUD). Van Duyne, whose term as mayor ends next week, will have responsibility for overseeing the department’s operations in Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Irving is the 13th-largest city in Texas and the 94th-largest city in the U.S. by population.

Nashville mayor refuses to state position on short-term rental ordinance

• Nashville Mayor Megan Barry stated she will not publicly support or oppose a proposed ordinance that would require the city to stop issuing permits for short-term housing rentals where the owner does not live on the property. This ordinance would phase-out such rentals completely by 2019. Barry acknowledged both the benefits and downfalls of short-term housing rentals in Nashville, but defended her position by noting that any restrictions on housing are purely a zoning issue, which is the jurisdiction of the Nashville Metro Council. The proposed ordinance is currently under discussion in the Metro Council. Nashville is the second-largest city in Tennessee and the 25th-largest city in the U.S. by population.

Tuesday, May 9

Omaha Mayor Jean Stothert won re-election

• In Nebraska, the city of Omaha held a general election for mayor and all seven seats on the city council. Incumbent Jean Stothert (R) won re-election to a second term with 53 percent of the vote, defeating former State Sen. Heath Mello (D). The mayoral race had attracted national attention, with  Wisconsin Gov. Scott Walker (R) campaigning for Stothert and U.S. Sen. Bernie Sanders (I) appearing with Mello during the month of April. Mello’s campaign also received headlines when the progressive blog Daily Kos withdrew its endorsement of the Democrat because of his support of legislation in 2009 to require women seeking an abortion to undergo an ultrasound while he was in the Nebraska State Senate. (Ballotpedia fact-checked Mello’s voting record on abortion legislation here). Omaha is the largest city in Nebraska and the 42nd-largest city in the U.S. by population.
• Democrats retained their 4-3 majority on the Omaha City Council after no changes in party control of any seats took place in the election. All five incumbents (three Democrats and two Republicans) won re-election to their seats, and the two open-seat contests in Districts 4 and 6 were won by candidates of the same political party as their predecessors. Omaha's municipal elections are officially nonpartisan, but Ballotpedia identified the partisan affiliations of candidates based on their election filings and public statements.

Delaware school board elections held

• Five of Delaware’s largest school districts by enrollment held nonpartisan general elections for six school board seats. Incumbents ran for two of these six seats, with both incumbents winning re-election. The other four school board elections were open-seat races. The five districts that held elections in 2017 served 62,872 students during the 2014-2015 school year—approximately 49 percent of all public school students in the state.

Wednesday, May 10

President of Providence City Council Indicted

• Luis Aponte, the president of the city council in Providence, Rhode Island, was indicted on charges of embezzlement and misuse of campaign funds. An investigation of Aponte began last year after the Rhode Island Board of Elections suspected that Aponte’s campaign broke state campaign finance laws. Providence’s Mayor, Jorge Elorza, called on Aponte to resign. Earlier this month, Providence city council member Kevin Jackson was recalled from office after his indictment for embezzlement in 2016. The Providence City Council consists of 15 members elected by district. Providence is the capital of and largest city in Rhode Island.

Thursday, May 11

Columbus city council considers making protections for immigrants permanent

• The Columbus City Council unveiled a proposed ordinance that would codify into law certain protections for immigrants in the city that have already been implemented via executive order by Mayor Andrew Ginther. In January, Ginther announced that the city would not arrest or investigate persons for immigration violations unless it was in conjunction with other criminal offenses, and prohibited city employees from investigating immigration violations unless it was required to by the courts. The city council will consider enacting these practices into law, but does not intend to declare itself a sanctuary city. Columbus is the largest city in Ohio and the 15th-largest city in the U.S. by population.

Fresno adds “In God We Trust” to council chambers

• The Fresno City Council unanimously approved a resolution to place the words “In God We Trust” on the wall in the council’s meeting chambers. Fresno is the largest city in California to decide to place the country’s motto in their city hall; it is estimated that 650 jurisdictions have done so nationwide. Proponents argued that displaying “In God We Trust” would remind citizens of the moral values inherent in the country’s founding, while opponents questioned whether a more inclusive phrase, such as “E pluribus unum,” would be more appropriate. Placing the motto in council chambers will be paid for by private donations, not public funds. Fresno is the fifth-largest city in California and the 34th-largest city in the U.S. by population.

What's On Tap Next Week

Tuesday, May 16

General elections in Los Angeles

• A general election will be held in two city council districts in Los Angeles. Councilman Gilbert Cedillo (D) faces challenger Joe Bray-Ali for the District 1 seat, after Cedillo fell 95 votes short of receiving a majority of votes cast in the March 7, 2017 primary, which would have enabled him to win the seat then. Monica Rodriguez  and Karo Torossian are the two candidates in the election for the open District 7 seat. Rodriguez and Torossian were the top two finishers in a 20-candidate field in the primary on March 7. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
• A general election will be held for two of seven seats on the Los Angeles Unified School District Board of Education. Board President Steve Zimmer faces challenger Nick Melvoin for the District 4 seat, while the race for the open District 6 seat features Kelly Fitzpatrick-Gonez and Imelda Padilla. Zimmer and Padilla have been endorsed by United Teachers Los Angeles (UTLA) and U.S. Sen. Bernie Sanders (I), while Melvoin and Fitzpatrick-Gonez were endorsed by the California Charter Schools Association. The Los Angeles Unified School District is the largest school district in California and served 653,826 K-12 students in the 2013-2014 school year – approximately 10.4 percent of all public school students in the state.

Municipal primary elections in Philadelphia

• Partisan primary elections for district attorney and city controller will be held in Philadelphia. Seven candidates are vying to be the Democratic nominee for district attorney, and the winner will face Beth Grossman, who is unopposed for the Republican nomination, in the general election. In the Democratic primary election, progressive activist George Soros donated $1,450,000 to a PAC that spent almost $500,000 in support of Lawrence Krasner's campaign. Another PAC that ran ads in 2015 supporting Mayor Jim Kenney's (D) campaign has spent over $100,000 in support of John O'Neill. Another candidate, Michael Untermeyer, has put $400,000 of his own money into his campaign. Incumbent District Attorney Seth Williams (D) was indicted on multiple fraud and bribery charges and is not seeking re-election. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
• Incumbent Alan Butkovitz (D) is running for re-election to his fourth term as Philadelphia City Controller. He is opposed by Rebecca Rhynhart in the Democratic primary. Michael Tomlinson is the sole Republican candidate for city controller.
• Philadelphia residents will also vote on whether to amend the city’s charter regarding contract awards and whether to create a community reinvestment commission in the city.

Municipal primaries in Pittsburgh

• The city of Pittsburgh will hold partisan primary elections for mayor and four of nine seats on the city council. Mayor Bill Peduto (D), who is running for his second term, faces two challengers in the Democratic primary. The mayoral campaign has focused on the city's approach to water management, ridesharing services, and sanctuary policies. Click here to read Ballotpedia’s coverage of sanctuary policy preemption conflicts between the federal government and local governments across the United States. In the city council races, incumbents in Districts 2, 6, and 8 are running for re-election unopposed. There are three candidates running for the District 4 seat, after incumbent Natalia Rudiak (D) did not seek another term. Pittsburgh is the second-largest city in Pennsylvania and the 62nd-largest city in the U.S. by population.
• Allegheny County will hold primary elections for county sheriff and six of 12 seats on the county council. All six county council races feature incumbents (four Democrats and two Republicans) running for re-election. In the county sheriff race, incumbent Bill Mullen (D) faces one Democratic challenger.

Los Angeles to decide charter amendment about law enforcement disciplinary board

• Los Angeles voters will decide a measure—Measure C— that would allow officers accused of or found guilty of misconduct to choose between a disciplinary board of three civilians and a board of two command-level police officers and one civilian—the board make-up currently used for all cases. This measure was put on the ballot by a unanimous vote of the city council and is supported by Mayor Eric Garcetti (D) and the Los Angeles Police Protective League, which is a union representing city police officers. Supporters say the measure will provide more citizen oversight of police misconduct. The American Civil Liberties Union (ACLU), city branch of the Black Lives Matter movement, and the Los Angeles Community Action Network oppose Measure C, arguing that it is a measure to lessen police discipline since civilian members of disciplinary boards are historically more lenient than officers. Opponents also said that the measure should go on the ballot during an election where more city voters participate rather than the May election at which lower turnout is expected.

Votes to be counted for Proposition 101: a sales tax increase in Tucson, Arizona

• Votes will be counted for a mail-in election on a sales tax measure—Proposition 101—in Tucson, Arizona. Proposition 101 would add an additional 0.5 percent sales tax for five years, increasing the total sales tax rate in the city to 8.6 percent. The 0.5 percent tax would bring in an estimated $250 million over the five years. Of the revenue raised by the 0.5 percent sales tax, 60 percent would be deposited into a Public Safety Improvements Fund and 40 percent would be deposited into a Street Improvement Fund. Money in the Public Safety Improvements Fund would be divided equally between the Tucson Police Department and Tucson Fire Department, and it would be used to purchase or upgrade public safety vehicles and equipment and make improvements to public safety facilities. Money in the Street Improvement Fund would be distributed with 60 percent going toward improvements to major arterial and collector streets and 40 percent going toward improvements to residential streets.
• Supporters of the measure include the Tucson Metro Chamber of Commerce and city police and firefighter associations. Opponents include the local GOP, racial justice group Tucson Showing Up for Racial Justice (Tucson SURJ), and immigration policy group LUPE Tucson.

Local judicial elections in Pennsylvania

• Pennsylvania will hold partisan primary elections for judgeships on local judicial courts in 61 counties. Elections will be held for 37 positions on the Pennsylvania Court of Common Pleas and 279 judgeships in various Pennsylvania Magisterial Districts throughout the state. Although the state holds partisan elections, most candidates cross-file with the two major political parties. If a candidate wins both the Republican and Democratic primary, he or she runs unopposed in the general election.

Ballot measures in Portland, Oregon

• Residents of Portland, Oregon, will vote two amendments to the city charter and a bond issue for the city’s school district. One charter amendment would enable the city to collect hotel taxes from lodging companies which operate online, and the other would increase the independence and authority of Portland’s city auditor. The bond measure would authorize issuance of $790 million for upgrades and repairs to facilities of Portland Public Schools. Some residents of the Portland metro area will also vote on a $187 million bond measure for Lake Oswego School District. Portland is the largest city in Oregon and the 29th-largest city in the U.S. by population.

Recall election in Cochise County, Arizona

• A vote on whether to recall three members of the Whetstone Water Improvement District board will take place in Cochise County, Arizona. The recall petition seeks the removal of Tim Sulger, the board president, as well as Leonard Howell and Robert Kinney, and was organized by Jim Demuth, one of three district employees who was fired in January 2017. Recall proponents said that the board members being recalled violated state open meeting laws and put the health of water customers in danger. They also accused Sulger of failing to get board approval before contracting a private company to fix a well. Sulger said the terminations were necessary to cut costs. Cochise County was home to an estimated 127,448 residents in 2014, according to the United States Census Bureau.

School board elections in New York state

• Twelve of New York’s largest school districts by enrollment will hold nonpartisan general elections for 34 school board seats. These districts will elect between two and four board members each. A total of 138,210 students were served by these 12 districts during the 2014-2015 school year—approximately 5.1 percent of all public school students in the state.

• The largest New York school district holding elections on Tuesday is the Brentwood Union Free School District school board in New York, which is holding a nonpartisan general election for three of seven seats. No incumbents filed for re-election. Brentwood has been the site of 11 murders since the start of the 2016-2017 school year, with much of the violence tied to a transnational gang known as Mara Salvatrucha, or MS-13. Robert Mickens, the father of a murdered high school student, is running for one of the seats. Brentwood Union Free School District served 18,648 K-12 students in the 2014-2015 school year – approximately 0.7 percent of all public school students in the state.

Oregon to hold school board elections

• Fourteen of Oregon’s largest school districts by enrollment will hold nonpartisan general elections for 51 school board seats. In 10 of these districts, a majority of members on each school board will be up for election. The school boards holding elections in Oregon includes the three largest school districts in the state: Portland Public Schools, Salem-Keizer Public Schools, and Beaverton School District. A total of 282,767 students were served by these 14 districts during the 2014-2015 school year—approximately 48 percent of all public school students in the state.

Idaho to hold school board elections

• Six of Idaho’s largest school districts by enrollment will hold nonpartisan general elections for school board seats. Sixteen seats were originally up for election, but in nine of those seats, only one candidate filed and each was therefore elected without opposition. A total of 98,106 students were served by these six districts during the 2014-2015 school year—approximately 34 percent of all public school students in the state.

Friday, May 19

Filing deadlines in Washington state

• The filing deadline will pass for candidates to run in the primary election for mayor, city attorney, and two at-large seats on the Seattle City Council. Mayor Ed Murray (D) announced on May 9 that he would not seek re-election. The primary election will take place on August 1, 2017, with the top two vote recipients in each race advancing to the general election on November 7, 2017. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
• The filing deadline will pass for candidates to run in the primary election for county executive, county sheriff, and five of nine seats on the Metropolitan King County Council. It is also the filing deadline for candidates to file to run for three of five commissioners of the Port of Seattle. King County was home to an estimated 2,079,967 residents in 2014, according to the United States Census Bureau.
• The filing deadline will pass for candidates to run for two Superior Court and several District Court judgeships in the state. These elections occur when judges are appointed to fill vacancies since the last general election; such appointees must stand for election in the next general election. If more than two candidates file for any one position up for election, a primary will be held on August 1, 2017. The general election will be held on November 7, 2017.

Filing deadline for Washington school boards

• The filing deadline will pass for candidates to run in nonpartisan elections for 71 school board seats in 34 of Washington’s largest school districts by enrollment. If more than two candidates file for any one position up for election, a primary election will be held on August 1, 2017. The general election will be held on November 7, 2017. Among the school boards holding elections in Washington are Seattle Public Schools, the largest school district in the state. A total of 636,162 students were served by these 34 districts during the 2014-2015 school year—approximately 60.5 percent of all public school students in the state.

 

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