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May 28, 2016Issue No. 18

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The week in review: May 21 - May 27
What's on Tap next week: May 28 - June 3

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Most of the nation’s political attention has been on the presidential election. But it’s time to dive a little bit into the Congressional elections to come, where Republicans will try to defend their majorities. This coming week, five states hold filing deadlines for federal elections. Will the topsy-turvy election season cause any new and unique candidate filings? Perhaps some new challengers will decide to tempt their fates -- or some incumbents will decide they’ve had enough of Washington. So far, 6 Senators and 29 House representatives have declined to seek re-election. Get caught up on everything you need to know about this year’s congressional elections at Ballotpedia.

See also: Post-2016 scenarios: What will the federal government look like?
 

Federal

The Week in Review

Sunday, May 22

  • Maria Elena Salinas, anchor for news broadcasts on Univision, was booed at a commencement speech at the University of California Fullerton after addressing some parents of graduates in Spanish and making what the student paper called “blatantly anti-Trump” statements in her address. Salinas later remarked to The Washington Post, “I don’t think I insulted anyone by saying a few words in Spanish to the parents. The whole speech was directed to everyone. … I think the message is, we have to cool down the intolerance right now, we really do.”

Monday, May 23

  • During a press conference in Hanoi, President Barack Obama announced that the United States is lifting its arms embargo on Vietnam. Obama said, “This change will ensure that Vietnam has access to the equipment it needs to defend itself and removes a lingering vestige of the Cold War.” When asked if the decision to lift the arms embargo had anything to do with China’s “aggressive military posture in the South China Sea,” Obama replied, “The decision to lift the ban was not based on China or any other considerations. It was based on our desire to complete what has been a lengthy process of moving towards normalization with Vietnam. I want to emphasize that my decision to lift the ban really was more reflective of the changing nature of the relationship.”
  • President Barack Obama confirmed the death of Taliban leader Akhtar Mohammad Mansur, who was killed in an airstrike on Saturday in Pakistan. Obama said the leader’s death marked an "important milestone in our longstanding effort to bring peace and prosperity to Afghanistan." In a statement, Speaker Paul Ryan (R-Wis.) praised those involved in the operation and said, "This strike is a reminder that we remain a nation at war."
  • U.S. Department of Veterans Affairs Secretary Robert McDonald compared the wait times for veterans at health clinics to lines at Disneyland, prompting some members of Congress to call for his resignation. McDonald said, "We should be measuring the veterans' satisfaction. I mean, what really counts is how does the veteran feel about their encounter with the VA. When you go to Disney, do they measure the number of hours you wait in line? Or what's important? What's important is what's your satisfaction with the experience.”
    • Speaker Paul Ryan (R-Wis.) said in a tweet, “This is not make-believe, Mr. Secretary. Veterans have died waiting in those lines.”
    • Senator Joni Ernst (R-Iowa), “the first female combat veteran to serve in the U.S. Senate,” called for McDonald’s resignation in the following statement: “Secretary McDonald’s dishonorable remarks yesterday make clear that he fails to take seriously the need for timely and quality care for our veterans. He blatantly dismissed the heart ache and pain that our veterans face while awaiting basic care, and illustrated his compete [sic] disregard for the incredibly serious issues facing the VA.”
    • Sen. Roy Blunt (R-Mo.) said, “Secretary McDonald’s preposterous statement is right out of Never Never Land. I call on him to resign because it’s clear he cannot prioritize getting our veterans the health care they deserve and have earned in a timely manner. Dismissing wait times when veterans can often wait months for an appointment is negligent and a clear sign that new leadership is needed at the VA.”
    • On Tuesday, McDonald apologized for his comments. He said in a statement, “At VA we take our mission of caring for those who ‘shall have borne the battle’ very seriously; we have the best and most noble mission in government. If my comments Monday led any Veterans to believe that I, or the dedicated workforce I am privileged to lead, don't take that noble mission seriously, I deeply regret that. Nothing could be further from the truth.”
  • Michelle Fields, a former reporter for Breitbart News, signed on to cover Donald Trump’s presidential campaign for the Huffington Post. Fields resigned from Breitbart in March after she was involved in an altercation with Trump campaign manager Corey Lewandowski and felt the news organization had not “adequately stood by her.” Upon starting her new job, Fields said, “After the tumultuous events of the last few months, I am ready to get back to writing and reporting on what is without question the most bizarrely fascinating presidential race of my lifetime (and, perhaps, any lifetime).”
  • The Democratic National Committee announced that Bernie Sanders will be permitted to name five members to the Platform Drafting Committee at the Democratic National Convention; Hillary Clinton will choose six. The chair of the DNC, who typically selects all 15 members, will only name four members. “This year, in an effort to make this the most representative and inclusive process in history, the DNC Chair elected to allocate 75% of the committee’s seats to the presidential campaigns, awarding the slots proportionally according to the current vote tally,” the DNC said in a statement.
    • U.S. Rep. Elijah Cummings (D-Md.), a Clinton supporter, will chair the committee.
    • Sanders said in a statement, “We believe that we will have the representation on the platform drafting committee to create a Democratic platform that reflects the views of millions of our supporters who want the party to address the needs of working families in this country and not just Wall Street, the drug companies, the fossil fuel industry and other powerful special interests.” He named James Zogby, a Palestinian rights activist, to the committee.
    • See also: Democratic National Convention, 2016

Tuesday, May 24

  • Donald Trump won the Washington Republican primary on Tuesday. With 72 percent of precincts reporting (as of May 26), Trump carried 75 percent of the vote and every county in the state. Forty-four delegates were up for grabs. Trump took home 40 of them. Democrats also held a primary in Washington on Tuesday, though the results were non-binding. Hillary Clinton was the winner. Washington state Democrats allocated their delegates through caucuses on March 26, 2016, which Bernie Sanders won, 73 to 27 percent.
  • Rumors that New Mexico Gov. Susana Martinez (R) was a potential vice presidential pick for Donald Trump were curbed when Trump criticized her performance as governor. “She's not doing the job. We’ve got to get her moving. Come on. Let's go, Governor,” he said before pointing to the unemployment rate in New Mexico and Martinez’s handling of Syrian refugees being resettled in the state. Martinez press secretary Mike Lonergan responded that Martinez would “not be bullied into supporting a candidate until she is convinced that candidate will fight for New Mexicans."
  • British news source Wigan Today reported that Donald Trump’s campaign had reached out to British communications expert Ian Harris about how to use storytelling to get a message across. Harris is the author of Hooked On You, a guide to using stories as effective messaging tools. Of Trump’s campaign, Harris said, “It seems that as the campaign moves into its next phase they want to spread their ideas and they think stories are a good way to do that. I’ve noticed he already does that quite a bit in his speeches. … From what I’ve read they’re going to bring him back towards the centre to capture the mainstream vote of people who don’t want Hillary, and my sense is that’s what they want to use stories for.”
  • U.S. Attorney General Loretta Lynch announced that the U.S. Department of Justice will seek the death penalty in the case against Dylann Roof, who “is accused of killing nine people during a racially motivated assault last June at a Charleston, S.C., church.” In a statement, Lynch said, “Following the department’s rigorous review process to thoroughly consider all relevant factual and legal issues, I have determined that the Justice Department will seek the death penalty. The nature of the alleged crime and the resulting harm compelled this decision.”
  • Rep. Jason Chaffetz (R-Utah) called for Internal Revenue Service (IRS) Commissioner John Koskinen to be impeached during a House Judiciary Committee hearing examining Koskinen’s role in the IRS “giving increased scrutiny to Tea Party groups seeking tax-exempt status.” Chaffetz said, "We're here today because Mr. Koskinen provided false testimony. He failed to comply with a duly issued subpoena. And when he knew there was a problem, he failed to properly inform Congress in a timely manner. In fact, I would argue that he actively misled Congress." Koskinen did not appear at the hearing, and he said in a statement that the impeachment resolution is "without merit."
  • The House passed its version of the TSCA Modernization Act of 2015, which updated the 1976 Toxic Substance Control Act (TSCA). The bill requires the U.S. Environmental Protection Agency (EPA) to use a new, risk-based standard to analyze thousands of new and existing chemicals to determine if those chemicals should be regulated. These chemicals are present in tens of thousands of items, including clothing, furniture, and cleaning products. Other provisions in the bill require special considerations for how chemicals could harm children and pregnant women and make it more difficult for industries to claim that their chemical information should be kept secret for proprietary reasons. This bill, which has been debated on and off for three years, is the first update to the original 1976 act. The Senate is expected to vote on the bill later this week. If the bill passes the Senate, it could be on President Obama's desk by Memorial Day.
  • Georgia held congressional primaries.
    • In the Senate, incumbent Johnny Isakson easily won the Republican nomination. He will face Jim Barksdale (D) in the general election. The race is rated safely Republican in November.
    • In the House, all five incumbents who faced a primary challenger easily won their primaries. In the 3rd District, an election for the state’s only open seat—a Republican runoff primary between Mike Crane and Drew Ferguson—will be held on July 26. The Democratic primary for the seat between Tamarkus Cook and Angela Pendley remains uncalled at this time.
  • Former Sen. Rick Santorum (R-Pa.) endorsed Donald Trump. When asked if he was supporting or endorsing Trump, Santorum said, "I'm 100 percent … That's endorse." Santorum’s decision to back Trump was based in part on the future of the Supreme Court. He said, "The most important issue is preserving the Constitution of this country and a liberal Supreme Court will destroy it.”

Wednesday, May 25

  • The State Department released a report concluding that Hillary Clinton “did not comply with the agency’s policies on records,” specifically citing Clinton’s use of a private email server as a violation. The report also revealed that “her top aides chose not to cooperate with the review.” The report states, “Secretary Clinton should have preserved any Federal records she created and received on her personal account by printing and filing those records with the related files in the Office of the Secretary. At a minimum, Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service and, because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act."
  • According to data from the U.S. Department of Veterans Affairs (VA), “[m]ore than 4,200 veterans were mistakenly declared dead and had benefits cut off by Veterans Affairs officials over a five-year span.” The issue is the result of a poor records sharing process between the Social Security Administration (SSA) and the VA. According to the Military Times, when SSA “incorrectly listed a veteran as dead, VA policy was to cut off benefits immediately, doubling the frustration of victims looking to correct the record.”
  • Donald Trump’s campaign and Rick Wiley, the campaign’s former national political director, parted ways amid disagreements between Wiley and another Trump advisor. According to Politico, Wiley had previously been in an altercation with Karen Giorno, a Trump advisor who ran the primary campaign in Florida. The article noted, "For weeks, Wiley made appointments and had discussions with Florida Republicans and appeared to be building a new campaign from scratch, sources say. They say he refused, at times, to return Giorno’s calls or take them."
  • During an appearance on Jimmy Kimmel Live, Donald Trump said that he would be willing to debate Bernie Sanders for charity. Sanders tweeted in response, “Game on. I look forward to debating Donald Trump in California before the June 7 primary.”
  • Sen. Robert Menendez (D-N.J.) endorsed Hillary Clinton for president. Menendez wrote, “Only one person running to lead our nation has the experience, the interest, and the demeanor to lead and protect our nation: Hillary Clinton. … Hillary understands the importance of stability and consistency – particularly as they impact our most important allies.”

Thursday, May 26

  • United Automobile Workers (UAW), which has more than one million active and retired members, endorsed Hillary Clinton. Dennis Williams, the president of the UAW, said, “It's about time for unity. We're endorsing Hillary Clinton. She's gotten 3 million more votes than Bernie, a million more votes than Donald Trump. She's our nominee.” Although he acknowledged that Donald Trump received 28 percent support in an internal survey of UAW members, Williams said that Trump “does not support the economic security of UAW families.”
  • Bloomberg News reported that Donald Trump has been meeting with Arthur Laffer, Larry Kudlow, and Stephen Moore—economic advisors to the administration of Ronald Reagan. Moore told Bloomberg, “This is really for the economy and the future of our country, and the most important election since Reagan’s election in 1980. Every conversation that we have with either Mr. Trump or the Trump campaign staff, we say, ‘This is the JFK-Reagan, supply-side, tax-cutting agenda that worked to cause a big economic boom in the ’60s and ’80s, and we can do it again.’”
  • A federal jury found that Google’s use of some basic elements of Oracle’s Java programming language constituted a fair use under federal copyright law. Accordingly, Google will not have to pay any of the $9 billion that Oracle sought in damages. Google used portions of Java to construct its Android operating system.
  • An appropriations bill failed to pass the House after Democrats added language barring federal contractors from discrimination against lesbian, gay, bisexual, and transgender people. The funding measure would have allocated $34.7 billion to fund the Department of Energy and the Army Corps of Engineers, among other federal agencies. Until the LGBT language was added, the bill had been relatively uncontroversial. The fight over the LGBT addition highlighted a split in the Republican Party. At a GOP conference before the vote, Rick Allen (R- Ga.) read a passage from the Bible and stated that support for the bill "violated their religious principles." At that point, several moderate Republicans protested by walking out of the meeting. The author of the original bill, Mike Simpson (R-Idaho), hopes Democrats can revive and help eventually pass the bill.
  • FILING DEADLINE: Vermont congressional filing deadline
    • The U.S. Senate seat currently held by Patrick Leahy (D) is up for re-election in 2016. Leahy will face challenger Cris Ericson in the Democratic primary. The winner will face Scott Milne, the only Republican to file in the race, in the general election. The seat is rated safely Democratic in the general election.
    • There is a single At-Large Congressional District in Vermont. The seat is currently held by Peter Welch (D). Welch was the only candidate to file in 2016. He will face no opposition in either the primary or general election.
  • U.S. Secretary of Education John B. King Jr. announced proposed regulations to replace the No Child Left Behind Act and implement the Every Student Succeeds Act. The new regulations focus on four areas: creating “A more Comprehensive Picture of School Success,” tailoring “Support for Struggling Schools,” providing “Better Data for Parents and Communities,” and consolidating “State Plans to Eliminate Duplication.” A full explanation of the new regulations can be viewed here.
    • House Education Committee Chairman John Kline (R-Minn.) and Senate Education Committee Chairman Lamar Alexander (R-Tenn.) oppose the proposed regulations because they are concerned that the department is trying to take control of education policy away from the states. Alexander said, "I am disappointed that the draft regulation seems to include provisions that the Congress considered — and expressly rejected. If the final regulation does not implement the law the way Congress wrote it, I will introduce a resolution under the Congressional Review Act to overturn it.”

Friday, May 27

  • Donald Trump changed his mind and released a statement that he will not debate Bernie Sanders as previously stated. “Based on the fact that the Democratic nominating process is totally rigged and Crooked Hillary Clinton and Deborah Wasserman Schultz will not allow Bernie Sanders to win, and now that I am the presumptive Republican nominee, it seems inappropriate that I would debate the second place finisher,” the statement read.
  • FILING DEADLINE: Wyoming congressional filing deadline
    • Wyoming’s At-Large Congressional District election is the only congressional election in Wyoming in 2016. Incumbent Cynthia Lummis (R) is not running in 2016. Nine Republicans have filed in the race, including Liz Cheney, the daughter of former Vice President Dick Cheney. Additionally, two Democrats have filed for the race. Ballotpedia will have the official list of primary candidates early next week. The race is rated safely Republican in the general election.
  • President Barack Obama became the first U.S. president to visit Hiroshima’s Peace Memorial Park, a site that honors the victims of the world’s first atomic bombings. In a speech he said, "Why do we come to this place, to Hiroshima? We come to ponder the terrible forces unleashed in the not so distant past. We come to mourn the dead ... their souls speak to us and ask us to look inward. To take stock of who we are and what we might become." Obama also called for a “world without nuclear weapons.‎" He did not apologize for the bombings that led to the end of World War II.
  • The U.S. Court of Appeals for the Ninth Circuit, siding with environmental groups, held that the U.S. Bureau of Land Management (BLM) incorrectly concluded that a wind turbine site in Oregon would not be occupied by the sage grouse during winter months. The sage grouse, a ground-dwelling bird that had been considered for placement on the federal list of endangered species under the Endangered Species Act prior to September 2015, occupies 12 Western states, including Oregon, and receives a level of protection from the BLM. The court found that the BLM did not adequately consider the potential impact a wind energy project in Oregon would have on the species. Environmental groups brought the challenge under the federal National Environmental Policy Act. The Ninth Circuit’s decision effectively reversed a previous federal ruling that allowed the project in southeastern Oregon to move forward.

Bills & Amendments

Monday, May 23

  • The Senate unanimously passed S 2613 - the Adam Walsh Reauthorization Act of 2016. The legislation proposes allowing victims of sexual assault to obtain rape kits and toxicology tests and reports free of charge. Victims would also be able to access the results of the tests, and rape kits would be “preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter.”
  • The House rejected HR 4889 - the Kelsey Smith Act by a vote of 229-158. The legislation required a two-thirds vote to pass. The Kelsey Smith Act proposed requiring telecommunication providers to provide call location information to law enforcement “in an emergency situation involving risk of death or serious physical injury or in order to respond to the user’s call for emergency services.”

Tuesday, May 24

  • Key vote: The Senate passed HJ Res 88 - Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" by a vote of 56-41. The resolution proposes preventing the Department of Labor from implementing a rule that requires retirement investment advisors to put their customer’s interests first when providing advice. President Barack Obama has promised to veto the legislation.
  • Key vote: The House passed HR 2576 - the Frank R. Lautenberg Chemical Safety for the 21st Century Act by a vote of 403-12. The bill is also known as the TSCA Modernization Act of 2015, which updated the 1976 Toxic Substance Control Act. The bill requires the Environmental Protection Agency (EPA) to use a new, risk-based standard to analyze thousands of new and existing chemicals to determine if those chemicals should be regulated. These chemicals are present in tens of thousands of items, including clothing, furniture, and cleaning products. Other provisions in the bill require special considerations for how chemicals could harm children and pregnant women and make it more difficult for industries to claim that their chemical information should be kept secret for proprietary reasons. This bill, which has been debated on and off for three years, is the first update to the original 1976 act. The Senate is expected to vote on the bill later this week. If the bill passes the Senate, it could be on Obama's desk by Memorial Day.
  • Key vote: The House passed HR 5077 - the Intelligence Authorization Act for Fiscal Year 2017 by a vote of 371-35. The legislation proposes funding the intelligence-related activities of 16 federal intelligence organizations. The legislation also includes increased protections for whistleblowers and a provision to prevent tampering with intelligence reports.
  • The House passed HR 897 - the Zika Vector Control Act by a vote of 258-156. The legislation, previously known as the Reducing Regulatory Burdens Act of 2015, proposes amending the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act to prohibit the Environmental Protection Agency (EPA) from requiring a permit to spray pesticides into water.

Wednesday, May 25

  • Key vote: The House passed S 2012 - the Energy Policy Modernization Act of 2016 by a vote of 241-178. “The bill’s provisions aim to modernize energy infrastructure like the electric grid and pipelines, make pipeline and natural gas export permitting easier, increase fossil fuel research and improve job training for energy fields, among other priorities,” according to The Hill.

Thursday, May 26

  • Key vote: HR 5055 - the Energy and Water Development and Related Agencies Appropriations Act, 2017 failed to pass the House by a vote of 112-305 after Democrats added language barring federal contractors from discrimination against lesbian, gay, bisexual, and transgender people. The funding measure would have allocated $34.7 billion to fund the Department of Energy and the Army Corps of Engineers, among other federal agencies. Until the LGBT language was added, the bill had been relatively uncontroversial. The fight over the LGBT addition highlighted a split in the Republican Party. At a GOP conference before the vote, Rick Allen (R-Ga.) read a passage from the Bible and stated that support for the bill "violated their religious principles." At that point, several moderate Republicans protested by walking out of the meeting. The author of the original bill, Mike Simpson (R-Idaho), hopes Democrats can revive and help eventually pass the bill.

 

Congress is NOT in session SCOTUS is IN session
Congress is in recess until June 6, 2016. The U.S. Senate will reconvene on June 6, and the U.S. House will reconvene on June 7. The U.S. Supreme Court will hold a non-argument session on Tuesday, May 31.

What’s On Tap Next Week

Saturday, May 28

Tuesday, May 31

  • The U.S. Supreme Court will hold a non-argument session on Tuesday. The court is expected to issue orders in advance of the session and to announce opinions in decided cases during the session.

Wednesday, June 1

  • FILING DEADLINE: Alaska congressional filing deadline
  • FILING DEADLINE: Arizona congressional filing deadline
  • FILING DEADLINE: Kansas congressional filing deadline
    • The U.S. Senate seat currently held by Jerry Moran (R) is up for re-election in 2016. The seat is rated safely Republican.
    • There are four U.S. House districts in Kansas. All four are currently held by the Republican Party and rated safely Republican in the general election.
  • FILING DEADLINE: Wisconsin congressional filing deadline
    • The U.S. Senate seat currently held by Ron Johnson (R) is up for re-election in 2016. The race is a battleground in the general election. Johnson will likely face a rematch with Russ Feingold (D) in the general election. Feingold served in the Senate from 1993 until 2011, when he was ousted by Johnson.
    • There are eight U.S. House districts in Wisconsin. Five are currently held by the Republican Party, while the remaining three are held by Democrats. All seats are rated as safe for the party that currently holds the seat.

Friday, June 3

 

Where was the president last week? Federal judiciary
President Barack Obama began the week in Vietnam and then traveled to Japan for a G7 meeting on energy and climate.  
  • 91 total federal judicial vacancies, including one Supreme Court vacancy
  • 66 pending nominations
  • 16 future vacancies

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

State and Local

What's on tap?

In Washington D.C., the U.S. House of Representatives voted 240-179 to overturn a local referendum approved in 2013 allowing the city government to spend local tax revenue without oversight from the U.S. Congress. D.C. residents had approved the local measure with more than 81 percent of the vote. When the referendum was approved, D.C. Attorney General Irvin B. Nathan criticized it as illegal and ineffectual, since the U.S. Constitution states that Congress has final authority over the District of Columbia. Speaker of the House Paul Ryan (R-WI), who supported the House’s vote, stated, “the D.C. government is running fast and loose with the Constitution. [...] We will not allow Congress and the Constitution to be undermined." President Barack Obama (D) is expected to veto the bill if it is approved by the U.S. Senate. George Washington University constitutional law professor Jonathan Turley labeled the feelings between the U.S. House's Republican majority and Washington D.C.'s Democratic majority "positively toxic." Washington D.C. is the 24th-largest city in the U.S. by population.

 

Highlights

State

The trial began for Alabama House Speaker Mike Hubbard (R), who was indicted on October 20, 2014, on 23 felony ethics violations. The state has accused Hubbard of using his elected position and his former position as the state GOP chairman to generate more than $2.3 million in contracts and investments for his companies. Each count carries a maximum penalty of two to 20 years in prison and up to $30,000 in fines. If convicted on even one count, Hubbard will be automatically removed from office. Hubbard’s attorney, Bill Baxley, said that the state’s claims are “mumbo jumbo” and stated that while Hubbard did do some of things that the state has accused him of, his client did not break the law. Baxley claims that the state’s ethics laws allow state lawmakers to conduct regular business dealings and that all of the investments and contracts that Hubbard received were because of his business relationships and friendships rather than from his leadership position.

Local

As the sharing economy continues to expand, governments across the country are continuing to refine how the industries are regulated. In Illinois, both the Uber and Lyft ridesharing services indicated their plans to abandon the Chicago market if the city council approved an ordinance mandating fingerprint background checks and chauffeurs licenses for the drivers. Alderman Anthony Beale, who is behind the push for stricter regulations on ridesharing services, dismissed the threat and responded, “They operate under 'the sky is falling' tactics. [...] They're always going to go to the extreme to try to scare people instead of sitting down at the table trying to work something out.” According to The Chicago Tribune, however, Beale’s proposal has received little support and is unlikely to receive approval. Chicago spokesperson Mika Stambaugh estimated that 90,000 city residents are registered drivers between the pair of apps. Here are a few other recent sharing economy events from across the country:

    • On May 10, 2016, the Corpus Christi City Council in Texas voted to reject an ordinance to allow Uber and Lyft ridesharing service drivers to operate without fingerprinting and background checks. In response, the group that proposed the ordinance, Citizens of Corpus Christi, announced its intention to put a referendum on the public ballot on November 8, 2016. The city council’s approval of regulations on the ridesharing services resulted in both companies withdrawing from the city.
    • On May 7, 2016, 56 percent of voters rejected Proposition 1 in Austin, Texas, which would have overturned a city law requiring ridesharing drivers to undergo fingerprinting and background checks. Uber and Lyft spent a combined total of more than $8 million to promote the referendum. After its failure, both ceased their operations in the city.
    • On April 27, 2016, Uber announced its plans to cease operations in Houston, Texas, unless the city council votes to repeal a regulation that requires fingerprint-based background checks for drivers. Uber made a similar move in both Galveston and Midland in February 2016. This is not a recent trend, as Uber regulations and a threat by the company to leave played a role in San Antonio’s mayoral race in 2015.
 

State

The Week in Review

Ballot measures update

Monday, May 23

  • The Oklahoma Legislature approved the Oklahoma Wine and Beer Amendment for the November 8, 2016, ballot. Upon voter approval, the measure would allow grocery stores and convenience stores to sell full-strength beer and wine seven days a week.
    • Oklahomans for Consumer Freedom, a group sponsoring a similar measure with the same name, was collecting signatures to put its proposal on the ballot as an initiated constitutional amendment. Upon the approval of Senate Joint Resolution 68, the resolution putting the Oklahoma Wine and Beer Amendment on the ballot, a representative of the coalition stated, “We applaud the state legislature for heading consumers’ call for increased choice and convenience when it comes to beer and wine. A legislative solution was always our top priority and now we can shift our focus to getting out the vote in November. We’ll be regrouping with our coalition partners in the coming days to formulate a formal campaign rollout.”
  • Virginia Governor and longtime Clinton ally Terry McAuliffe (D) is under investigation by the FBI and by prosecutors from the Department of Justice. The investigation, which has been underway for at least a year, centers on contributions to his 2013 gubernatorial campaign as well as his tenure on the board of the Clinton Global Initiative. A lawyer for McAuliffe's campaign denied that the governor had any knowledge of the investigation; McAuliffe later criticized the FBI and the Department of Justice for the leak. The governor told reporters at a press conference that he was "100 percent" sure his campaign did not accept any illegal contributions. "I don't think it will affect Hillary at all," he said when asked about Clinton's 2016 presidential campaign.
  • A group of parents in Texas filed a lawsuit against the state, challenging schools’ use of this year’s scores on the statewide assessment to rate the academic progress of students. The lawsuit asserts that the tests were not administered according to the requirements of a law enacted in 2015, which directs the state to develop assessments that can be completed within two or three hours, depending on grade level. The requirement was supposed to apply to all tests given in the spring of 2016, but the Texas Education Agency decided to phase in the law so that only two grade levels took the redesigned tests this year. The suit argues that because of this delay, the tests administered to all other grade levels should be invalidated and their use by public schools for student and teacher evaluation prohibited. According to the Texas Education Agency, the current tests have a four to five hour time limit, depending on the test, but the agency states that “most students should be able to complete the assessment in less time.”
  • New Mexico became the first state to sue the federal government and two mine owners over the release of more than 3 million gallons of toxic wastewater at the closed Colorado Gold King Mine in 2015. The spill was triggered by a contractor for the U.S. Environmental Protection Agency (EPA). The state’s lawsuit claimed that the pollution caused by the spill was worse than what the federal government previously claimed. The lawsuit also demanded payment for the costs of New Mexico’s immediate response to the spill as well as funding to make up for long-term cleanup costs and lost revenue to the state. New Mexico Environment Secretary Ryan Flynn said that the EPA’s liability for the spill is “crystal clear.” The EPA said that the agency takes responsibility for the cleanup and is working on a plan to reimburse states affected by the spill.

Tuesday, May 24

ELECTION NIGHT REVIEW: Incumbents do well in Georgia; Texas runoffs remain more competitive than other states.

  • Primary runoff election: Texas
    • State judiciary: Four state court elections held primary runoffs. Two seats on the Texas Court of Criminal Appeals and one seat on the Texas Second District Court of Appeals held Republican primary runoffs; one seat on the Texas Eighth District Court of Appeals held a Democratic primary runoff. The court of criminal appeals is the state’s court of last resort for all criminal matters, alongside the Texas Supreme Court, which is the court of last resort for all civil matters. Republican Mary Lou Keel defeated challenger Ray Wheless and will face incumbent Democrat Justice Lawrence Meyers in the general election for Place 2 on the court of criminal appeals. Republican Scott Walker defeated challenger Brent Webster and will face Democrat Betsy Johnson in the general election for Place 5 on the court of criminal appeals. Republican Elizabeth Kerr defeated challenger Dabney Bassel and is now unopposed for a seat on the Eighth District court. Democrat Gina Palafox defeated challenger Maria Ramirez and is now unopposed for a seat on the Second District court. Texas judicial elections are partisan; both the court of criminal appeals and the state supreme court are controlled by Republicans—the state supreme court by a margin of 9-0 and the court of criminal appeals by a margin of 8-1. Justices and appeals court judges are elected to six-year terms.
    • State legislature: Twelve primary runoffs were held—two in the state Senate and 10 in the state House. According to unofficial results, two out of the three incumbents involved in the primary runoffs were defeated. Based on Ballotpedia's data, the 2016 Texas runoffs are slightly more competitive than in the other 11 states which allow runoffs: in Texas, 52 percent of candidates that win the primary will also win the runoff, while 48 percent of candidates who place second inlose the primary will go on to win the runoff. If the 2016 Texas primary runoff results hold, the candidates who placed second in the primary will have won 42 percent of the runoffs held. From 2010-2015, not including special elections, 224 state legislative runoffs were held in nine states. The primary winner went on to win the runoff in 69 percent of the races, while the second-place candidate in the primary went on to win the runoff in 31 percent of the races.
  • California Assemblyman Ian Calderon (D) contributed $40,000 from his personal ballot measure committee in support of Proposition 50, which would amend the state constitution in order to allow the legislature to terminate the salaries and benefits of suspended legislators. Proposition 50 will appear on the June 7 primary ballot. Two of Calderon’s uncles, former Assemblyman Tom Calderon and former Senator Ron Calderon, both incurred corruption charges in 2014. The circumstances surrounding Ron Calderon’s case inspired the introduction of Proposition 50; Calderon was one of three senators suspended from office in the cases that first alerted the legislature to an inability to suspend the lawmakers’ salaries.
  • Judge Michael H. Watson of the United States District Court for the Southern District of Ohio ruled that Ohio must reinstitute "Golden Week," a one-week period immediately preceding the general election in which voters may both register and cast early ballots on the same day. This early voting and same-day registration period had been eliminated by the Republican-controlled state legislature in 2014. Democrats challenged this action, arguing that it discriminated against black and Hispanic voters. Republicans, meanwhile, argued that it was a necessary measure to combat voter fraud and maintain election integrity. Including "Golden Week," Ohio's early voting period lasts for 35 days; without "Golden Week," the early voting period lasted 28 days. Ohio Secretary of State Jon Husted indicated that the state would appeal Watson's decision, arguing it was the legislature's constitutional prerogative to extend or reduce early voting days.
  • Missouri moved to block the pending merger of two major health insurance companies, Aetna and Humana. The state’s insurance department released a preliminary order that would prohibit the new company from selling individual and small group health plans in Missouri should the merger transpire, citing its finding that the merger would be anti-competitive. Aetna and Humana have 30 days under the order to submit a plan to "remedy the anti-competitive impact" of the merger. Aetna’s proposed $37 billion acquisition of Humana was announced in July 2015. Missouri is the first of 20 involved states to reject the deal; 15 others have approved the deal. The merger would make Aetna the second-largest insurer in the country.


Wednesday, May 25

  • The state of Texas, joined by 12 other appellants, filed a lawsuit against the federal government and several Obama administration officials over their interpretation of Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1962 to include transgender people. "Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment," the lawsuit claims. The suit was filed in the United States District Court for the Northern District of Texas by Attorney General Ken Paxton (R). Other appellants include the states of Alabama, Georgia, Louisiana, Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin, along with the Arizona Department of Education. Eight of the 11 states named are controlled by Republican trifectas; West Virginia, Louisiana, and Maine have divided governments. LGBT civil rights have been a contentious issue this year, with transgender bathroom access in particular the focus of legislation in several states.
  • Democratic candidate for Indiana governor John Gregg announced that state Rep. Christina Hale will join his ticket as the lieutenant governor candidate for the November 8 general election against incumbents Gov. Mike Pence (R) and Lt. Gov. Eric Holcomb (R). Gregg, a former long-serving state representative, lost to Pence in the 2012 election for governor by just 3 percent. Hale has represented District 87 since 2012. "She is a hard worker who dives deep into important issues and does not shy away from those important issues," Gregg said of Hale. Pence's popularity has suffered following his support of such controversial laws as the Religious Freedom Restoration Act and an expansion of the state's restrictions on abortion; his recent approval ratings have been in the mid 40s. If Gregg unseats Pence in November, it will end a five-year Republican trifecta; this race is currently rated Lean Republican.
  • The Nevada Commerce Tax Repeal will not be on the ballot in November. Campaign leaders found they could not meet the signature requirement by June 21, 2016, and suspended the campaign. The campaign needed to re-collect 55,234 signatures after a May 10, 2016, state supreme court decision rejected previously gathered signatures. The court ruled that they were signed under false information.

Thursday, May 26

  • The Washington Supreme Court unanimously upheld a ruling by a lower court that struck down a Washington initiative approved by voters in 2015. Initiative 1366, sponsored by prominent activist Tim Eyman, required lawmakers to place a constitutional amendment on the November 2016 ballot that, if passed, would have required a two-thirds legislative majority to raise taxes. The initiative would have given the legislature two options: place the constitutional amendment on the ballot or reduce the state’s 6.5 percent sales tax by 1 percent on April 15, 2016 (Income Tax Day). Opponents argued that I-1366 ran afoul of the state's "single subject rule" for initiatives by proposing both a tax cut and a constitutional amendment; the high court agreed. Though the initiative was declared unconstitutional by a judge last summer, it was still allowed on the ballot and approved by voters in November 2015.
    • Washington law does not allow constitutional amendments to be proposed via citizen initiative; the state only allows initiated state statutes. Initiative 1366 was an attempt to urge legislators to put a constitutional amendment on the ballot by making them choose between an election on the proposed amendment and a decrease of the state’s sales tax.
    • Three supreme court justices wrote in a separate opinion that Initiative 1366 was likely unconstitutional for a second reason: it tried to propose a constitutional amendment in a roundabout way through the citizen initiative power. Supreme Court justices left this argument out of the official court decision, however, saying, “Because it is unnecessary to reach opponents’ additional arguments, we decline to do so.”

Friday, May 27

 

What’s On Tap Next Week

Tuesday, May 31

Wednesday, June 1

  • Filing deadline: Alaska
  • Filing deadline: Arizona
    • State executives: Three seats are up for election on the Corporation Commission, the state’s regulatory agency for utilities. All five seats on the commission are currently held by Republicans.
    • State legislature: Arizona has 30 state Senate and 60 state House seats up for election in 2016. Republicans hold a six-seat majority in the Senate and a 12-seat majority in the House. With a Republican governor, Arizona is one of 23 states with a Republican state government trifecta.
  • Filing deadline: Kansas
  • Filing deadline: Wisconsin

Thursday, June 2

 

State government in session

Twelve states are in regular session; Alaska, California, and West Virginia are in special session.

CA, IL, LA, MA, MI, NC, NJ, NY, OH, PA, RI, SC.

Two states are in recess:

  • NH until 6/1/2016
  • DE until 6/7/2016

Adjourned regular sessions:

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

States with no regular 2016 sessions:

  • MT, ND, NV, TX.

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

State government special elections

As of this week, 39 seats have been filled through legislative special elections in 2016. Seven involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), and three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9). Another seven (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40)

Local

The Week in Review

Sunday, May 22

  • Buffalo Mayor Byron Brown (D) was nominated by Governor Andrew Cuomo (D) to serve as the chair of the New York State Democratic Committee. In his announcement, Gov. Cuomo stated Mayor Brown would “continue advancing the core values of the Democratic Party.” Mayor Brown also issued a statement, saying he would “[work] diligently to ensure that we elect our hometown Senator, Hillary Clinton, as the next President of the United States.” Brown has served as mayor of Buffalo since he was first elected in 2005, and he won re-election in both 2009 and 2013 to additional four-year terms. He previously served on the Buffalo City Council and in the New York State Senate. Buffalo is the second-largest city in New York and the 73rd-largest city in the U.S. by population.
    • Click here for Ballotpedia’s special coverage of mayoral partisanship and what’s at stake in America’s big city elections in 2016.

Monday, May 23

  • In Maryland, Baltimore police officer Edward Nero was acquitted of all charges in the arrest of Freddie Gray, who died from injuries received while in police custody. Circuit Court Associate Judge Barry G. Williams’ ruling stated, “Based on the evidence presented, this court finds that the state has not met its burden to prove beyond a reasonable doubt all required elements of the crimes charged. Therefore, the verdict for each count is not guilty.” The Gray family’s attorney did not criticize Judge Williams for the ruling and acknowledged that the prosecutors in the case faced an “enormous standard of proof” against Nero. He also argued that the ruling was limited to Nero’s specific case and would not influence the remaining trials against police officers involved in Freddie Gray’s arrest. Baltimore is the largest city in Maryland and the 26th-largest city in the U.S. by population.
    • Click here for Ballotpedia’s special coverage of how issues in race and law enforcement are impacting local elections this year, including in Baltimore.
  • FILING DEADLINE: Deadline passed to run for 91 school board seats across Florida’s 38 largest school districts. The general election for these districts will be on August 30, 2016. The state’s largest school district—Miami-Dade County Public Schools, which served 365,233 students during the 2013-2014 school year—has five of its nine seats up for election.

Tuesday, May 24

  • Los Angeles Mayor Eric Garcetti (D) publicly criticized Donald Trump, the presumptive Republican presidential nominee, and stated, “He’s a racist, he’s a bigot, he’s sexist.” Mayor Garcetti, who has endorsed Democratic presidential candidate Hillary Clinton, also stated his belief that passionate supporters of her primary opponent, Vermont Sen. Bernie Sanders, would still unify behind Clinton due to the “recklessness” of Trump. Mayor Garcetti was first elected to the office in 2013 after previously serving as the president of the Los Angeles City Council from 2006 until 2012. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
  • In Georgia, 127 school board seats across 37 of the state’s largest school districts were up for either primary or general election. Out of those districts, 17 held partisan primary elections and the other 20 held nonpartisan general elections. In the partisan races, three out of 28 incumbents facing primaries were defeated and only one of the 54 seats up for election in these districts will require a primary runoff election on July 26, 2016. In the nonpartisan races, 32 out of 35 incumbents won re-election and only six of the 73 seats up for election in these districts will require a runoff election in July. Gwinnett County Public Schools was the largest district to be holding elections, and it held a partisan primary for three of the five seats on its school board. The 37 school districts served a combined total of 1,159,660 students during the 2013-2014 school year.
  • Georgia held primary or general elections for 178 local judgeships across the state. Out of those court seats, 146 judgeships were up for nonpartisan general election and 32 judgeships were up for partisan primary election. In 85.7 percent of Georgia’s local judicial races in 2016, the sitting judge filed for re-election. Just 29.4 percent of the 2016 races featured more than a single candidate. In the contested races, if no candidate received more than 50 percent of the vote, a runoff primary or general election will be held between the top two vote recipients on July 26, 2016. The general election for the partisan judgeships will be held on November 8, 2016.
  • Texas held primary runoff elections for 11 district court judgeships and nine county court judgeships across the state. The primary election was held on March 1, 2016. Out of the 20 races, only three featured incumbents competing for their party’s nomination. A pair of Democratic district court judges faced challengers, and one Republican county court judge had an opponent in the primary runoff. Two of the three incumbents, one Democrat and one Republican, lost their re-election bids. A total of 259 district court judgeships and 36 county court judgeships will be up for general election on November 8, 2016. Only 136 of the 295 local judgeships up for election drew more than a single candidate prior to the primary. Texas District Court and County Court judges are both elected to four-year terms.
  • In Georgia, Meigs Mayor Linda Eason-Harris lost her recall election with more than 66 percent of voters supporting the recall. Fewer than 150 total votes were cast in the election. The recall effort began due to allegations of theft and violations of her oath of office. The "Taking a Stand" committee behind the recall effort, led by local business owner Lori White, criticized the mayor for her arrests on stalking, threatening, and theft of public fund charges. The committee also noted her indictments by a grand jury on charges of theft and violating an oath of public office. These indictments were related to two incidents when the mayor allegedly used public funds for personal uses. Recall advocates also raised the issue of five lawsuits by former city employees who allege that she created a hostile work environment. Mayor Eason-Harris did not issue a formal response to the application for a recall petition. In an interview with The Moultrie Observer, she said, "I'm gonna let it run its course. I don't think they'll get enough signatures to recall me."
    • In 2015, Ballotpedia covered 180 recall efforts organized against 275 officials. Of the 61 officials whose recalls made it to the ballot, 40 were ousted and 21 were retained.
    • Click here for more Georgia recalls and here for more historical mayoral recalls.

Wednesday, May 25

  • In Pennsylvania, Philadelphia Mayor James Kenney’s (D) proposed tax of three cents per ounce for soft drinks and other sugary drinks was criticized by City Council President Darrell L. Clarke (D), who labeled it “ridiculous.” Councilmember Clarke called instead for a tax on drink containers and dismissed the mayor’s claim that such a tax would not draw enough revenue. The current proposed container tax would set a 15 cent levy on beverages larger than seven ounces, including water. Local reporters noted that neither proposal currently has sufficient support on the city council to pass and that the city intended to use the revenue to fund initiatives ranging from improvements to recreation facilities to growth in its prekindergarten program. The city council's final session before its summer recess is on June 16, 2016. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
    • The first municipality in the United States to set a tax on soft drinks was Berkeley, California, in 2014. More than 76 percent of city voters approved the local ballot measure. According to American Beverage Association executive Lauren Kane, recent soft drink taxes have failed to pass 43 times between both states and local governments. A Harvard University study released in April 2016 found that the mayor’s proposed three cents per ounce tax would result in “an estimated 2280 cases of diabetes prevented over a one-year period once the tax reaches its full effect.” The Harvard report noted that the city had projected up to $400 million in new revenue over a five-year period as a result of the proposed tax.
  • In Texas, the Houston City Council unanimously voted to approve Mayor Sylvester Turner’s (D) proposed $2.3 billion city budget for 2016-2017. The budget closes a $160 million budget deficit, cuts city spending by $82 million, and increases funding for new police recruitment. The budget cuts include not filling 54 city staffing vacancies and laying off approximately 40 city employees. Mayor Turner was first elected to the office in a runoff election held on December 12, 2015. He previously served as a member of the Texas House of Representatives from 1989 to 2016. Houston is the largest city in Texas and the fourth-largest city in the U.S. by population.
  • In Washington state, Seattle Mayor Ed Murray (D) acknowledged criticisms of the city’s homelessness policy and his joint plan with Gov. Jay Inslee (D) to eliminate encampments known as “The Jungle” from the city. The plan involves outreach workers visiting the encampments for multiple weeks to help relocate homeless citizens into shelters, followed by construction efforts by city and state departments to clean the area of debris and vegetation. In response to a threat of litigation by the American Civil Liberties Union against the plan, Murray stated, “I don’t have the answer. [...] We’re actually making this up as we go along. [...] This is going to take us a very long time. [...] If you want to call it a sweep, call it a sweep. I call it trying to save lives.” He emphasized that the area is currently “incredibly dangerous” and should not contain residents until it has been cleaned. Seattle is the largest city in Washington and the 22nd-largest city in the U.S. by population.
  • The National Low Income Housing Coalition (NLIHC) published a report, Out of Reach 2016: No Refuge for Low Income Renters, with statistics on rental housing costs and minimum wages across the United States. In their press release, the D.C.-based organization stated, “In no state, metropolitan area or county in the United States can a full-time worker earning the prevailing minimum wage afford a modest two-bedroom apartment.” The states that required the highest income were Hawaii, California, New York, Maryland, and New Jersey, according to the report. The press release called for a Housing Trust Fund federal program to "build, preserve, or rehabilitate affordable rental housing" for low-income renters. Forbes contributor Tim Worstall criticized the proposal and called for the “relaxation” of zoning regulations in order to increase the housing construction in general. He argued that “housing is fungible, or at least substituitable [sic],” and that a growth in higher-income housing would lead to high-income citizens moving into those units and vacating their existing units, thereby increasing the supply of housing and leading to a decrease in prices.
    • U.S. Secretary of Housing and Urban Development and former San Antonio Mayor Julián Castro (D) wrote the preface for the NLIHC report. Secretary Castro is considered a potential vice presidential nominee for Democratic presidential candidate Hillary Clinton.

Friday, May 27

  • New Jersey Gov. Chris Christie (R) signed a pair of bills intended to bail out Atlantic City from its looming bankruptcy. The New Jersey State Legislature approved the bills on May 26, 2016. The measures will provide the city with a bridge loan sufficient to cover expenses through 2016, while requiring the city government to create a five-year plan to fix its finances. Failure to develop this plan will result in a takeover of the city by the state government, according to the legislation. Bloomberg Businessweek stated that in Atlantic City, “the tax base has tumbled by more than two thirds since 2010 as gaming competition increased in nearby states” and “a third of its parlors closed in 2014.”

 

What’s On Tap Next Week

Tuesday, May 31

  • FILING DEADLINE: Deadline to run for 11 school board seats across three of Minnesota’s largest school districts. The primary election for these districts will be on August 9, 2016, and the general election will be on November 8, 2016. The state’s third-largest school district—Minneapolis Public Schools, which served 36,817 students during the 2013-2014 school year—has four of its nine seats up for election.
    • The Elk River Area School District in Minnesota also has a filing deadline for one school board seat. The Elk River race is a special election for an unexpired two-year term. The general election will be on August 9, 2016.

Wednesday, June 1

  • FILING DEADLINE: In Arizona, five of the state’s largest cities will have filing deadlines to run for public office. The primary election for all five cities will be held on August 30, 2016, and the general election will be held on November 8, 2016.
    • Chandler: Three of the six seats on the city council are up for election in 2016. Chandler is the fourth-largest city in Arizona and the 80th-largest city in the U.S. by population.
    • Gilbert: Four of the six seats on the city council are up for election in 2016. Gilbert is the seventh-largest city in Arizona and the 97th-largest city in the U.S. by population.
    • Glendale: The mayor’s office and three of the six seats on the city council are up for election in 2016. Glendale is the fifth-largest city in Arizona and the 87th-largest city in the U.S. by population.
    • Mesa: The mayor’s office and three of the six seats on the city council are up for election in 2016. Mesa is the third-largest city in Arizona and the 38th-largest city in the U.S. by population.
    • Scottsdale: Three of the six seats on the city council are up for election in 2016. Scottsdale is the sixth-largest city in Arizona and the 94th-largest city in the U.S. by population.

 

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Ballotpedia wants to keep you in the know. In this weekly newsletter, we let you know the important things that happened last week in the federal, state and local levels of government, as well as what you should look for this week. The Tap covers election news, public policy, and other noteworthy events—everything you need to stay up-to-date on American politics. A summary of the in-depth, nonpartisan content that is added to Ballotpedia every week is now available in this digestible format for free to anyone who wants to be informed.

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