Become part of the movement for unbiased, accessible election information. Donate today.

The Tap: Exploring demographics in Pivot Counties

From Ballotpedia
Jump to: navigation, search


May 20, 2017Issue No. 66

The Tap Graphic-750x191px.png

The week in review: May 13 - May 19
What's on Tap next week: May 20 - May 26

Navigate The Tap by clicking the tabs below:

Federal

 


The week in review: May 13 - May 19
What's on tap next week: May 20 - May 26

What's on tap? Ballotpedia released a new analysis that compares Pivot Counties to the rest of the nation on a variety of demographic figures such as race, ethnicity, income, and education. The 206 Pivot Counties voted for Barack Obama in 2008 and 2012 and then voted for Donald Trump in 2016. Pivot Counties tend to have a similar percentage of high school graduates compared to the state in which they are located. However, there is a difference in the percentage of persons with a bachelor's degree or higher—Pivot Counties being about 10 percent lower in most states.  

 

 

The Week in Review

Saturday, May 13

White House interviews potential replacements for Comey as FBI director

  • President Donald Trump said that he wants to nominate a new FBI director to replace James Comey as soon as possible. He said, “I think the process is going to go quickly. Almost all of them [the candidates] are very well known. They’ve been vetted over their lifetime, essentially.” Top picks for the job include: former Senator Joe Lieberman (I-Conn.), acting FBI Director Andrew McCabe, former Oklahoma Governor Frank Keating, and former top FBI official Richard McFeely. A full list of potential candidates for the job can be viewed here. The search for a new director began after Trump fired James Comey on May 9 because of his handling of the investigation into Hillary Clinton’s emails.
 

Verbatim Fact Check

In a recent debate, Greg Gianforte said of Rob Quist: “He's advocated for a national gun registry." Quist called the claim "patently false." Gianforte referred to a Bozeman Daily Chronicle interview with Quist as the source of his claim during the debate. Quist was quoted in that article as stating, in response to an apparent question about assault rifles: “So maybe there should be some legislation to register those types of things. You register your car to drive, why not register guns.” Although the article indicated that Quist was referring to registration of assault rifles, Gianforte claimed Quist advocated for a “national gun registry.”

For a roundup of all of our fact checks of candidates in Montana's Congressional election, click here.

 

Monday, May 15

Supreme Court issues rulings in three cases

  • The U.S. Supreme Court issued rulings in three cases on Monday. The court’s newest member, Neil Gorsuch, did not participate in the consideration or disposition of any of these cases.
    • In Midland Funding v. Johnson, the court reversed a judgment from the U.S. Court of Appeals for the Eleventh Circuit. In an opinion by Justice Stephen Breyer, the court held that during Johnson's Chapter 13 bankruptcy case, Midland Funding's filing a proof of debt claim that was knowingly time-barred under Alabama law did not constitute a "false, deceptive, misleading, unfair, or unconscionable debt collection practice under the Fair Debt Collection Practices Act." Justice Sonia Sotomayor, joined by Justices Ginsburg & Kagan, dissented. In her opinion, Justice Sotomayor suggested that Congress should take action, noting “I take comfort only in the knowledge that the Court’s decision today need not be the last word on the matter. If Congress wants to amend the FDCPA to make explicit what in my view is already implicit in the law, it need only say so.”
    • In a unanimous opinion by Justice Stephen Breyer, the court reversed and remanded the Arizona Supreme Court’s judgment in Howell v. Howell. Indicating that “the question is complicated, but the answer is not,” Breyer wrote that a state court could not require a disabled veteran to compensate a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by a veteran's decision to take disability benefits. Those benefits, under federal law, require a veteran to forfeit an equivalent amount of retirement pay. Here, the Supreme Court held that the veteran was not obligated to reimburse his former spouse for the reduction in pay to which she was entitled as part of a divorce decree. Justice Clarence Thomas authored a brief opinion concurring in part and in the judgment. The opinion was the first case decided from an argument held during the court’s March sitting.
    • The court reversed in part, vacated in part, and remanded the judgment of the Kentucky Supreme Court in Kindred Nursing Centers v. Clark. In an opinion by Justice Elena Kagan for a seven-justice majority, the court held that a rule of the Kentucky Supreme Court violated federal law. That rule required any legal power-of-attorney covenant to contain explicit language granting the person acting as power-of-attorney the authority to enter into arbitration agreements. Absent such language, arbitration would not be enforced. The U.S. Supreme Court held that this rule singled out arbitration agreements for disfavored treatment in violation of the Federal Arbitration Act (FAA); the FAA requires courts to place arbitration agreements on equal footing with all other types of contracts. Justice Clarence Thomas dissented, noting that, in his view, the FAA was inapplicable to state court proceedings.

Philadelphia files a federal lawsuit alleging discriminatory lending practices

  • On Monday, the city of Philadelphia filed a federal lawsuit against Wells Fargo bank alleging discriminatory lending practices in violation of the Fair Housing Act. According to the city's filing, the bank had a "longstanding, unbroken policy and practice of intentionally steering minority borrowers in Philadelphia into 'discriminatory' mortgage loans" and that, given a higher incidence of foreclosure attending these loans, surrounding properties lost property values which cost the city needed tax revenues. On May 1, the U.S. Supreme Court that similar allegations raised by the city of Miami could go forward in a federal lawsuit after holding that the city qualified as an aggrieved party under the Fair Housing Act. A spokesperson for the city of Philadelphia told The Philadelphia Inquirer that the city was encouraged by the Supreme Court's ruling and decided to sue based on the court's holding.
    • To learn more about the Supreme Court's ruling in the Miami cases, read our coverage.

Clinton launches political group

  • Former Democratic presidential candidate Hillary Clinton launched a new nonprofit political group, Onward Together, to advance progressive causes and support other progressive political organizations. The group—which is set up as a 501(c)(4) nonprofit with a connected federal PAC—has already pledged support for five specific organizations: Swing Left, Emerge America, Color of Change, Indivisible, and Run for Something. Clinton said these groups were chosen because they encouraged people to organize and to run for office.

The Washington Post reports that Trump disclosed classified information to Russian officials

  • The Washington Postreported that during President Donald Trump’s meeting last week with Sergei Lavrov and Sergey Kislyak, the Russian foreign minister and ambassador, he disclosed classified information obtained through an information-sharing agreement. "The partner had not given the United States permission to share the material with Russia, and officials said Trump’s decision to do so endangers cooperation from an ally that has access to the inner workings of the Islamic State. After Trump’s meeting, senior White House officials took steps to contain the damage, placing calls to the CIA and the National Security Agency," according to The Washington Post.
    • Dina Powell, the deputy national security adviser for strategy, called the story false. "The president only discussed the common threats that both countries faced," she said.
    • Trump tweeted the following morning: "As President I wanted to share with Russia (at an openly scheduled W.H. meeting) which I have the absolute right to do, facts pertaining ... to terrorism and airline flight safety. Humanitarian reasons, plus I want Russia to greatly step up their fight against ISIS & terrorism."
    • National security adviser H.R. McMaster, who was present at the meeting, declined to say whether the conversation included confidential information. "What I will do is tell you that in the context of that discussions, what the president discussed with the foreign minister is wholly appropriate in that conversation," he said.
    • See also: Federal policy on Russia, 2017-2020

Proponents of Clean Power Plan ask federal appeals court to end litigation

  • Proponents of the Obama administration’s Clean Power Plan led by the Environmental Defense Fund asked the U.S. Court of Appeals for the District of Columbia Circuit to end litigation challenging the plan. Ending the litigation would terminate the U.S. Supreme Court’s 2016 stay (halting) of the plan’s implementation and send the plan back to the Environmental Protection Agency (EPA), which intends to repeal it under the Trump administration. Terminating the litigation would allow supporters of the Clean Power Plan to file a new lawsuit against the EPA’s formal repeal of the plan. Attorneys representing the EPA wrote against ending the litigation, arguing that keeping the Supreme Court’s stay would allow the agency to move forward on a formal repeal of the Clean Power Plan without devoting EPA resources to the current litigation. Attorneys representing the Environmental Defense Fund and other environmental groups supporting the Clean Power Plan argued that keeping the stay would allow the EPA to postpone its review of the plan indefinitely without formally repealing it.

Speaker of the House Paul Ryan attends campaign event for Karen Handel in Georgia’s 6th

Tuesday, May 16

The New York Times reports that President Trump asked FBI director to end Flynn investigation

  • The New York Timesreported that President Donald Trump asked James Comey, then the director of the FBI, to halt the investigation into possible ties between former National Security Adviser Michael Flynn and the Russian government, according to a memo Comey wrote after the conversation in February.
    • The White House denied Comey’s account of the meeting in the following statement: “While the president has repeatedly expressed his view that General Flynn is a decent man who served and protected our country, the president has never asked Mr. Comey or anyone else to end any investigation, including any investigation involving General Flynn. The president has the utmost respect for our law enforcement agencies, and all investigations. This is not a truthful or accurate portrayal of the conversation between the president and Mr. Comey.”
    • Some members of Congress suggested on Tuesday night that if The New York Times report were accurate, then Trump may have improperly attempted to influence the investigation into Flynn.
    • Read more about the events leading up to the Flynn investigation, the contents of the Comey memo, and the political response to The New York Times report in this week’s edition of You're Hired: Tracking the Trump Administration Transition.

Former Obama advisor Jarrett joins media company

  • Valerie Jarrett, a former advisor to President Barack Obama (D) announced that she had joined ATTN:, a media company that primarily produces short issues videos, as a senior advisor. In her announcement, Jarrett said, “In my new role, I hope to help ATTN: continue to reach policymakers who want to get their message out to wider audiences. I want to support ATTN: as they engage and empower even more people to make a greater social impact.” Jarrett formerly worked as a senior advisor to Obama during both his terms as president, serving as the assistant to the president for intergovernmental relations and public liaison.

South Carolina’s 5th Republican runoff ends with razor-thin margin, triggering automatic recount

  • Unofficial vote tallies for the SC-5 Republican primary runoff showed former state Rep. Ralph Norman with a 203 vote lead over state Rep. Tommy Pope, 50.3 percent to 49.7 percent. South Carolina state law requires a recount in elections that finish within a margin of less than 1 percent. 32, Norman and Pope were the top two vote-getters in the Republican primary on May 2, which necessitated the May 16 primary runoff. In the May 2 primary, the two candidates were separated by just 135 votes. Norman, if the result of the election holds, will face Democrat Archie Parnell and five independent candidates on the general election ballot on June 20.

Wednesday, May 17

Trump administration allows purchase of ACA plans outside of Healthcare.gov

  • The Centers for Medicare and Medicaid Services (CMS) issued guidance to allow insurers and insurance brokers to enroll individuals in ACA-compliant health plans without using the federal platform Healthcare.gov. This means that in addition to enrolling consumers in coverage, insurers and brokers will also be able to determine eligibility for tax credits and reduced cost sharing. Previously, consumers would need to enroll through Healthcare.gov themselves, have a broker walk them through the site, or choose a plan through a broker’s website before being redirected to Healthcare.gov for tax credit determinations.
    • The guidance memo stated that this action was intended to reduce what it deemed the regulatory burden on insurers and brokers who facilitate ACA health plan enrollment, and to stabilize the ACA risk pool by expanding enrollment.
    • Larry Levitt, Senior Vice President for Special Initiatives at the Kaiser Family Foundation, said that the move could make the personal financial information of consumers more vulnerable as they provide it to various third parties.

Sheriff David Clarke announces appointment at DHS

  • Milwaukee County Sheriff David Clarke announced in a radio interview that he had been offered and accepted a position in the Department of Homeland Security. According to Clarke, he has been hired as the department’s assistant secretary of partnership and engagement. In his interview, Clarke said, “One of the things that Secretary Kelly indicated to me was that oftentimes at the local level (law enforcement)feel it's one way, it's the government telling them you will do this you will do it this way.” DHS did not confirm the hiring on Wednesday, saying that “senior positions are announced by the Department when made official by the Secretary.”

Filing deadline passes for special election for Alabama senate seat

  • Registration closed to become a candidate for the special election to fill the open U.S. Senate seat representing Alabama. 11 Republicans and 8 Democrats have filed to enter the race. The seat opened when Sen. Jeff Sessions was confirmed as U.S. Attorney General. When Sessions ran for re-election in 2014, no Democratic candidates filed to run. The primary elections for the seat will be held on August 15, with runoffs on September 26 if no candidate reaches 50% in each party’s primary. The general election will be held on December 12. Former Gov. Robert Bentley had announced his intent to allow his appointee for the seat, former Alabama Attorney General Luther Strange, to serve until the 2018 midterm elections, but following Bentley’s resignation, Gov. Kay Ivey rescheduled the election to take place in 2017. Strange has filed to run and has been supported by the Senate Leadership Fund. Other notable candidates include: current U.S. House member Rep. Mo Brooks (R), former Chief Justice of the Alabama Supreme Court Roy Moore (R), former head of the Christian Coalition of Alabama Dr. Randy Brinson (R), State Senator Trip Pittman (R), executive director of Alabama environmental advocacy group Gasp, Michael Hansen (D), and former U.S. Attorney Doug Jones (D).

DOJ appoints special counsel to lead investigation into Russia's involvement in the 2016 presidential election

  • Deputy Attorney General Rod Rosenstein named former FBI Director Robert Mueller as the special counsel in charge of the investigation into Russian interference in the 2016 presidential election. Rosenstein said in a statement, "Based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command. A special counsel is necessary in order for the American people to have full confidence in the outcome. Our nation is grounded on the rule of law, and the Public must be assured that government officials administer the law fairly."
    • The following day, Trump responded to the appointment of a special prosecutor to the Russia investigation in the following tweets: "This is the single greatest witch hunt of a politician in American history! With all of the illegal acts that took place in the Clinton campaign & Obama Administration, there was never a special counsel appointed!"

Trump administration imposes sanctions on Iran, but preserves nuclear deal for now

  • The Trump administration introduced new sanctions against Iran in connection with the country’s ballistic missile program and for continued human rights abuses. The administration has chosen to keep the nuclear deal with Iran intact by waiving economic sanctions as outlined in the Joint Comprehensive Plan of Action (JCPOA), the formal name for the nuclear deal struck in 2015. Under the JCPOA, sanctions must be updated periodically. The administration is continuing to review its Iran policy, as Secretary of State Rex Tillerson stated on April 18, 2017. A senior White House official said that the administration is reviewing whether it will continue to adhere to the nuclear deal and noted that the waiver “should not be seen as giving Iran a clean bill of health.”
    • The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC)  sanctioned seven individuals and entities, including two senior Iranian defense officials and a China-based network for supporting Iran's ballistic missile program. Treasury Secretary Steven Mnuchin said, "This Administration is committed to countering Iran's destabilizing behavior, such as Iran's development of ballistic missiles and support to the Assad regime.  It is alarming that individuals involved with Iran's missile program are assisting the brutal Assad regime, and we are taking action to curtail this behavior."

Manning, who provided classified government materials to Wikileaks, released from prison

  • Chelsea Manning, the former Army intelligence analyst who was convicted of providing information to Wikileaks, was released from prison. Before he left office, President Barack Obama commuted Manning’s sentence. Manning served seven years of a 35-year sentence for “leaking hundreds of thousands of documents, one of the biggest classified leaks in U.S. history,” according to The Wall Street Journal. Read more about executive clemency and presidential pardons here.

Thursday, May 18

ICE immigration-related arrests up nearly 38 percent over 2016 arrests  

  • U.S. Immigration and Customs Enforcementreleased statistics on the number of immigration-related arrests that have taken place following President Trump’s January 25 executive order. Between Jan. 22 and April 29, 2017, ICE arrested 41,318 individuals on civil immigration charges, a 37.6 percent increase over the same time period in 2016. The January 25 executive order expanded ICE’s enforcement priorities to include individuals eligible for removal who have committed any criminal offense or abused public benefits programs. Under the Obama administration, ICE had been directed to prioritize the removal of individuals who had committed serious crimes. The May 18 report stated that 75 percent, or 30,473, of the individuals arrested had been convicted of crimes. Beyond noting that 2,700 of these convictions were for violent crimes, the report did not provide specific details on the nature of the criminal convictions.

Two Koch nonprofits launch tax plan campaign

Judicial nominee voted out of committee

Roger Ailes dead at age 77

Trump administration begins NAFTA renegotiation

  • President Donald Trump formally notified Congress of his intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification begins a 90-day period of consultation, with formal negotiations with Canada and Mexico set to begin on August 16. According to U.S. Trade Representative Robert E. Lighthizer, the notification did not outline any specific details about what the administration intends to change in the agreement. In a statement released later in the day, the Mexican government said it welcomes the opportunity, and that NAFTA “has been of immense benefit to all parties. We look forward to a constructive process to increase our economic cooperation.” Canada’s foreign affairs minister stated that the renegotiation “offers us an opportunity to determine how we can best align NAFTA to new realities”, and that “NAFTA's track record is one of economic growth and middle-class job creation, both here in Canada and throughout North America.”

DNC sends reinforcements to Georgia's 6th Congressional District

Friday, May 19

Trump embarks on first foreign trip as president

  • President Donald Trump departed Washington en route to Saudi Arabia, the first stop on an international trip that marks the first trip abroad for Trump as president. The trip will last for eight days and will take Trump to five different countries. Trump was expected to land in Saudi Arabia on Saturday, May 20.

South Carolina completes recount of Republican runoff in SC-5

  • Officials from eleven South Carolina counties conducted a recount of the Republican primary runoff for the special election to represent South Carolina’s 5th, the seat formerly held by OMB Director Mick Mulvaney (R - S.C.). Upon completion of the recount, results were officially certified by the State Election Commission. Unofficial vote tallies from May 17 showed the race well within the 1% margin necessary to trigger a runoff, with former Rep. Ralph Norman leading Rep. Tommy Pope by 203 votes, 50.3% - 49.7%. The recount did not significantly change these results. The final vote count showed Norman defeating pope by a margin of 221 votes with a total of about 35,000 votes cast, meaning that Norman will officially represent the Republican party on the June 20 ballot. Democrat Archie Parnell and five independent candidates will also appear on the ballot.

Former Congressman Anthony Weiner pleads guilty to federal felony charge

  • Former Congressman Anthony Weiner (D-N.Y.) pled guilty to a federal felony charge of transferring obscene material to a minor. According to the plea agreement, Weiner must register as a sex offender and could face a sentence between 21 and 27 months in prison. Sentencing is scheduled for September 8, 2017.

Congress is in session

SCOTUS is 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 23, in which orders are expected and in which opinions in pending cases may be announced. To date, the court has issued opinions in 33 of the 71 argued cases this term.

What's On Tap Next Week

Donald Trump's Foreign Trip

Saturday, May 20

Trump to meet Saudi Arabian leaders

  • President Donald Trump was expected to land in Riyadh, Saudi Arabia, for a meeting with King Salman, the Saudi crown prince, and the deputy crown prince. Time magazine reported that Trump would be bringing a $100 billion dollar arms agreement and that the leaders were likely to discuss regional issues such as Iran, Syria, and the war in Yemen. Earlier in the week, National Security Advisor H.R. McMaster told the press that the president would also take part in a signing ceremony on several agreements that aimed to “further solidify U.S.-Saudi security and economic cooperation.”

Sunday, May 21

Sen. Bernie Sanders concludes a two day trip campaigning with Democrat Rob Quist in Montana

Trump to hold talks with Gulf Cooperation Council, lunch with leaders of more than 50 countries

  • President Trump is expected to hold bilateral talks with the Gulf Cooperation Council, a regional political organization comprised of six countries: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. After the meeting, Trump will have lunch with the leaders of more than 50 majority-Muslim countries. National Security Advisor H.R. McMaster stated that, after lunch, Trump will give a speech “on the need to confront radical ideology and his hopes, the president’s hopes, for a peaceful vision of Islam to dominate across the world. The speech is intended to unite the broader Muslim world against common enemies of all civilization and to demonstrate America’s commitment to our Muslim partners.”

Monday, May 22

DeVos to detail federal education policy

  • Education Secretary Betsy DeVos is scheduled to speak at a summit for the American Federation for Children—an organization she chaired prior to joining the Trump administration. DeVos’ speech is expected to outline federal education policies under the Trump administration, including an education tax credit scholarship proposal.

Trump’s international trip takes him to Israel

  • On Monday, Donald Trump is expected to arrive in Israel, the second stop on his eight-day, five country foreign trip. There, Trump will meet with Israeli President Reuven Rivlin in Jerusalem. He will then lay a wreath at the World Holocaust Remembrance Center and give remarks before heading for a private meeting with Prime Minister Benjamin Netanyahu.

Tuesday, May 23

Trump to meet with Palestinian leadership, visit religious sites in Jerusalem

  • As part of an eight-day, five country foreign trip, President Donald Trump will meet with Mahmoud Abbas, the president of the Palestinian Authority, in Bethlehem. Later that day, Trump is expected to pray at the Western Wall in Jerusalem. NBC Newsreported that Trump will be the first sitting U.S. president to visit the Western Wall. In what was described as a private visit, no Israeli leaders will join Trump at the Western Wall. Later that day, Trump will also visit the Church of the Holy Sepulchre.

Wednesday, May 24

Trump departs Middle East for European leg of foreign trip

  • President Donald Trump is expected to arrive in Vatican City on Wednesday for a meeting with Pope Francis. ABC News reported that, during a question and answer session on May 13, Pope Francis said, “I will tell him what I think, he will tell me what he thinks, but I never wanted to judge someone before I listen to the person first.” The meeting comes as reports indicated Trump was considering Callista Gingrich, the wife of former Speaker of the House Newt Gingrich, as U.S. Ambassador to the Holy See, which is the formal name for the diplomatic post to the Vatican. After the meeting with Pope Francis, Trump was expected to meet with Italian President Sergio Mattarella before departing Italy.

Thursday, May 25

Montana holds special election for at-large congressional seat

  • Rob Quist (D), Greg Gianforte (R), and Mark Wicks (L) will compete in the race to fill the seat left vacant by Ryan Zinke (R), who was confirmed as secretary of the U.S. Department of the Interior in March. Montana's At-Large District has been held by a Republican since 1997. More than $12 million has poured into this race with outside organizations spending $450,000 to oppose Gianforte and $4 million to oppose Quist.

Trump to meet with EU and NATO leaders in Belgium

  • President Trump is expected to land in Belgium on Thursday. He will hold meetings with King Philippe and Prime Minister Charles Michel before a scheduled meeting with European Union leaders and European Council presidents at the E.U. headquarters in Brussels. Trump will also meet with French President Emmanuel Macron in Brussels before unveiling a memorial and holding meetings at NATO headquarters later that day.

Friday, May 26

Trump travels to Sicily for G7 meeting

  • President Trump will head the U.S. delegation on the final leg of his first foreign trip at the two-day Group of Seven (G7) meeting in Taormina, Sicily. The president will meet with leaders from Canada, France, Germany, Italy, Japan, and the United Kingdom. The G7 is a group of industrialized democracies that meet to discuss economic and political issues. In March 2014, the G7 suspended Russia from what was the Group of Eight (G8) after Russia annexed the Crimean Peninsula in Ukraine. After the meeting concludes on Saturday, Trump is expected to address American and allied military personnel and their families before returning to Washington, D.C.

Where was the president last week?

President Donald Trump met with leaders from Jordan, Turkey, and Colombia in Washington this week. Trump also gave the commencement address at the U.S. Coast Guard Academy in New London, Connecticut, on Wednesday. On Friday, Trump departed for Saudi Arabia, the first stop on his first international trip as president.

Federal Judiciary

 

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

Ballotpedia depends on the support of our readers.


The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.

Back to top for State and Local updates

State and Local

 


 

The week in review: May 13 - May 19
What's on tap next week: May 20 - May 26

Highlights

State

  • On Tuesday, May 16, Virginia Gov. Terry McAuliffe (D) signed an executive order directing officials at the Virginia Department of Environmental Quality to develop regulations to reduce carbon dioxide (CO2) emissions from power plants in the state. Under the order, state regulators must submit a report by December 31, 2017, outlining potential regulations limiting CO2 emissions in the electric power sector to respond to human-caused climate change. The order comes after President Donald Trump (R) signed an executive order in March 2017 directing the U.S. Environmental Protection Agency to repeal the Clean Power Plan, the Obama administration's 2015 climate change plan to reduce CO2 emissions from coal-, oil-, and natural gas-fired power plants. McAuliffe said in a statement, "As the federal government abdicates its role on this important issue, it is critical for states to fill the void." Virginia is one of 19 states under divided government.
  • In addition to McAuliffe, New York Gov. Andrew Cuomo announced on May 17 that the state would implement a plan to reduce methane emissions from oil and gas operations, landfills, farms, and residential areas. In an announcement of the plan, Cuomo stated that "the federal government has taken steps to abandon three major efforts to address methane pollution."
    • Due to a May 12 ruling by Virginia Attorney GeneralMark Herring (D), the Virginia Air Pollution Control Board has the power to regulate carbon emissions. Governor McAuliffe's decision to enact these regulations through the Board complicates the process of reversing the policy should a Republican win the governor's seat in November. Opponents of the proposal have argued that Attorney General Herring’s ruling is flawed under current state law, and that state carbon emissions regulations would require the passage of a bill in the Virginia General Assembly either directly regulating carbon emissions or granting the Governor and Air Pollution Control Board authority to do so.

Local

  • On Tuesday, May 16, Los Angeles voters approved Measure C, which allows police officers accused of or found guilty of misconduct to choose between appearing before a disciplinary board of three civilians or a board comprised of two command-level police officers and one civilian—the board make-up currently used for all cases. With 92,874 ballots (57.14 percent) cast in favor of the measure and 69,647 (42.85 percent) ballots cast in opposition, Measure C passed. This measure was put on the ballot by a unanimous vote of the city council and was supported by Mayor Eric Garcetti (D) and the Los Angeles Police Protective League, which is a union representing city police officers. Supporters argued 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 opposed Measure C, arguing that it was a measure aimed at lessening police discipline since civilian members of disciplinary boards are historically more lenient than officers. Opponents also said the measure should have been placed on the ballot during an election where more city voters would participate rather than the May election where a lower turnout was expected.

State Politics: The Week in Review

Ballot Measures Update

2017:

2018:

Monday, May 15

Supreme Court Lets Stand Lower Court Ruling Striking Down North Carolina's Voter ID Law

  • The Supreme Court of the United States declined to hear an appeal in the case North Carolina v. North Carolina State Conference of the NAACP, leaving in place a lower court ruling that struck down North Carolina's photo ID requirement for voters.The bill establishing the photo ID requirement was signed into law in August 2013, making North Carolina the first state to approve a voter identification law after the Supreme Court struck down portions of the federal Voting Rights Act in June 2013. On July 29, 2016, the United States Court of Appeals for the Fourth Circuit struck down the requirement, finding that the state legislature had enacted the requirement with racially discriminatory intent, a violation of the Voting Rights Act. According to the North Carolina State Board of Elections, as a result of the Fourth Circuit ruling, only first-time voters who failed to provide driver's license or Social Security numbers at the time of registration are required to present identification at the polls (this identification does not have to include a photo).
    • As of May 2017, 32 states enforced voter identification requirements.
    • Of these, 15 states required voters to present photo identification (e.g., driver's licenses, military IDs, etc.). The remaining 17 accepted other forms of identification (e.g., utility statements,  bank statements, etc.).
    • North Carolina is one of 19 states under divided government.

Minnesota Governor Vetoes Budget Bills With One Week Left In Legislative Session

  • Gov. Mark Dayton (D) vetoed a series of 10 budget bills passed by the Republican-controlled Minnesota Legislature. Dayton had already vetoed eight of the 10 budget bills. He vetoed the final two on Monday evening. Dayton cited as his reasoning for the vetoes a series of policy proposals that legislators added to the budget bills. The proposals include preemption laws prohibiting cities from passing minimum wage ordinances, changes to procedures for laying off teachers, eliminating the state’s health insurance exchange, and increased penalties for demonstrators who block interstate freeways. On Tuesday, The Star Tribune reported that Dayton had agreed to reduce spending in his original $46 billion two-year budget proposal, while Republican legislators agreed to reduce proposed tax cuts. Minnesota’s legislative session is scheduled to end on May 22. It began on January 3. The current fiscal year ends on July 1, 2017.
    • Minnesota is one of 19 states under divided government. Democrats control the governorship, while Republicans have a 77-57 majority in the House and a 34-33 majority in the Senate. Democrats had a 38-28 majority in the Senate prior to the 2016 elections, and the state was a Democratic trifecta from 2013-2014.  
    • Veto overrides in Minnesota require a two-thirds majority in each chamber of the Legislature.

Initiative Calling For Overturn Of Citizens United Cleared For Circulation In Wyoming

  • The Wyoming secretary of state cleared petitioners to begin collecting signatures for an initiative that would request Congress to propose and send for ratification an amendment to the U.S. Constitution to (a) declare "that the right of political speech is a right enjoyed only by natural persons;" and (b) state that "Congress and state legislatures may regulate all moneys raised and spent for political purposes, whether from artificial persons or natural persons, including by prohibiting artificial persons from political spending." Such an amendment would be designed to overturn Citizens United v. Federal Election Commission. The initiative would also require the secretary of state to annually report on the progress of the proposed amendment. The group behind the initiative—Wyoming Promise—needs to collect 38,818 valid signatures by February 9, 2018, to put the initiative before voters in November 2018. Moreover, signatures equal to 15 percent of voters in the preceding general election are required from two-thirds of Wyoming’s 23 counties according to the state’s distribution requirement. If proponents submit enough signatures after February 9, 2018, but before November 15, 2018, the initiative would appear on the ballot in 2020.
    • An initiative was filed in Missouri for the 2018 election that would declare that rights found in the Missouri Constitution do not apply to artificial entities and that the privileges of artificial entities are determined through state and local law.
    • Ballot measures concerning states requesting a federal constitutional amendment to overturn the Citizens United ruling were approved in California and Washington in 2016 and in Colorado and Montana in 2012. California’s measure was an advisory question put on the ballot by the legislature. The other three were citizen initiatives.

Tuesday, May 16

Special runoff election held for Georgia State Senate District 32

Biden endorses New Jersey Democratic gubernatorial candidate

  • It was reported that former Vice President Joe Biden (D) plans to campaign with Phil Murphy (D) who is running for governor of New Jersey. Murphy is a former U.S. ambassador to Germany. Biden will appear with Murphy at two events on May 28. Murphy will face six Democratic opponents in the June 6 primary election. Incumbent Gov. Chris Christie (R) is term-limited. The general election will take place on November 7.

Fourth South Carolina Lawmaker Indicted In House Corruption Probe

  • South Carolina Rep. Rick Quinn (R) was indicted on two counts of misconduct while in office. One charge alleges that Quinn has received a total of $4.5 million from lobbying and trade groups and failed to report them appropriately. He then allegedly advocated for policy proposals involving these same groups. The first charge involves a maximum 10-year prison sentence, while the second involves a maximum one-year sentence along with fines of up to $10,000. Quinn was indicted by the State Grand Jury on recommendations by special prosecutor David Pascoe, who is currently leading a probe into potential instances of public corruption in the South Carolina General Assembly. Quinn has called the probe a witch hunt and has implied that the investigation has been partisan in nature. “There are accusations in this indictment that should be equally applied to the Democratic Caucus if [Pascoe] really believes they are illegal. ... For some reason, he doesn’t want to ask questions of the Democrats,” said Quinn. House SpeakerJay Lucas suspended Quinn until the chargers are resolved.

Salmon Habitat Protection Standards and Permits Initiative Filed In Alaska Targeting The 2018 Ballot

  • An initiative petition application was submitted to the Alaska elections division. The initiative would require a special permit to alter streams, rivers, wetlands, or other habitats used by salmon, steelhead, and other anadromous fish for spawning. The permit to use, change, or pollute such habitats would only be issued by the Alaska Department of Fish and Game if certain specific conditions were met. Anadromous fish are fish that spawn in freshwater but spend most of their adult lives in salt water, returning to freshwater to spawn. The initiative’s sponsors said the initiative would prevent some projects such as dams, pebble mines, and coal mines that would damage the rivers and streams used by salmon to spawn. Provided the initiative petition is approved for circulation, the initiative’s proponents need to collect at least 32,127 valid signatures prior to the start of the legislative session in January 2018. In Alaska, the initiative process is indirect. This means that, if they succeed, the initiative would go before the legislature, which would be able to either approve the proposal or send it before voters in November 2018.
    • Zero statewide measures are certified for the Alaska 2018 ballot so far.
    • Between 1996 and 2016, an average of five measures appeared on the ballot in Alaska during even-numbered election years.

Virginia Democratic Candidates For Governor Spar In Debate

  • Virginia Democratic gubernatorial candidates Tom Perriello and Ralph Northam sparred in a debate in Norfolk. The two candidates debated taxes, policy for dealing with opioid addiction in the state, funding for pre-K education, alternative energy resources, and their political backgrounds and experience. 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.
  • Primary elections for Governor of Virginia and the House of Delegates will take place on June 13—now less than one month away. Incumbent Virginia Governor Terry McAuliffe (D) is term-limited. Two Democratic candidates and three Republican candidates filed for the seat. The race is considered a toss-up by five outlets tracked by Ballotpedia.
  • In the House, all 100 seats are up for election in 2017. Republicans currently hold a 66-34 majority in the chamber. Democrats would need to flip 17 districts in order to take control of the chamber. In the 2016 presidential election, Democrat Hillary Clinton defeated Republican Donald Trump in 51 out of 100 Virginia House districts. Clinton won the state as a whole 49.7 percent to 44.4 percent. The House of Delegates primary election on June 13 will feature 26 contested primaries: 20 Democratic races and six Republican races. This is an increase from 2015 and 2013. In 2015, there was a total of 10 contested primaries: six Democratic races and four Republican races. In 2013, there was a total of 12 contested primaries: three Democratic races and nine Republican races.
  • Virginia is one of 19 states under divided government. Republicans control both chambers of the legislature.

Wednesday, May 17

Nebraska Legislature Fails To Override Gov. Ricketts Budgetary Vetoes

  • Nebraska legislatorsfailed to override budgetary vetoes from Gov. Pete Ricketts (R). On Monday, Ricketts line-item vetoed $56.5 million in spending in the state’s two-year $8.9 billion budget plan. The vetoes focused on funding for the University of Nebraska and state programs that provide assistance to Medicaid recipients and individuals with developmental disabilities. Ricketts cited a decline in state revenues as his reasoning for the vetoes and stated, “When Nebraska families see their income go down, they tighten their belts and they're expecting us to do the same thing.” On Wednesday, lawmakers in Nebraska’s unicameral legislature sought to restore $32.4 million of the $56.5 million that Ricketts vetoed but fell three votes short of the 30 votes needed for a veto override. Nebraska is one of 25 Republican state government trifectas. The state’s legislative session is scheduled to end on May 23.  

Amendment To Require Warrants To Access Electronic Data Moves Closer to Michigan 2018 Ballot

New York governor announces methane reduction plan

  • New York Gov. Andrew Cuomo announced that the state would implement a plan to reduce methane emissions from oil and natural gas operations, landfills, farms, and residential areas. In his announcement of the plan, Cuomo stated that "the federal government has taken steps to abandon three major efforts to address methane pollution." These steps refer to actions taken by the U.S. Environmental Protection Agency (EPA) under the Trump administration. They include the EPA's decision not to require existing oil and gas operators to report methane emissions; the EPA's announcement that it would review and repeal 2016 methane emission standards for new oil and gas operations; and the U.S. Department of the Interior's decision to review and repeal methane emission standards for oil and gas operations on federal land.
    • Cuomo's methane plan is part of New York's overall policy to reduce carbon dioxide and similar emissions in the state by 40 percent from 1990 levels by the year 2030 and by 80 percent by the year 2050. Under the methane plan, state environmental and energy agencies are required to monitor and increase methane emission reductions.

Federal Grand Jury Indicts Texas Senator

  • Texas Sen. Carlos Uresti (D) was indicted by a federal grand jury. Uresti is charged with counts of wire and securities fraud, working as an unregistered broker, and conspiracy to commit money laundering. Each charge carries a maximum sentence of up to 20 years in prison, according to The Dallas News. The charges relate to Uresti’s involvement with an oil company—which has since gone bankrupt—called Four Winds LLC. The company has been accused of defrauding investors. Uresti has stated that he intends to enter a plea of not guilty, adding, “The charges against me are groundless and I look forward to proving my innocence in a court of law at the appropriate time.” Texas is one of 25 Republican state government trifectas. Republicans have a 20-11 majority in the Senate. Uresti was first elected to the chamber in 2006.

Thursday, May 18

Marijuana and Prevailing Wage Initiatives Cleared for Circulation In Michigan

  • The Michigan Board of State Canvassers approved two initiative statutes for circulation, which means proponents can begin collecting the 252,523 valid signature required within the 180 day window allowed. One initiative would legalize recreational marijuana. The second initiative would repeal Michigan’s prevailing wage requirement for state-funded construction projects. If petitioners successfully collect the required number of signatures, the proposals go before the state legislature according to Michigan’s indirect process for citizen-initiated state statutes. If the legislature does not adopt the initiatives within 40 days of receiving them, they would go before voters in November 2018. Michigan is one of 25 Republican state government trifectas.
    • The marijuana legalization initiative would allow adults 21 and older to possess, use, transport, or process 2.5 ounces or less of marijuana or 15 grams of marijuana concentrate. Individuals would be allowed to grow up to 12 marijuana plants in their residences for personal use. The initiative would authorize a sales tax of up to 10 percent and would allow cities to ban or restrict marijuana businesses within their boundaries.
      • Legislators’ reaction to the 2016 efforts for marijuana legalization indicate the legislature would choose to put the marijuana-related initiative before voters rather than adopting it themselves. While the backers of the marijuana legalization initiative may not have the support of the legislature, the group did achieve unity among supporting advocacy groups including the Marijuana Policy Project,  MI Legalize, the Michigan Cannabis Coalition, Michigan NORML, the National Patients Rights Association, American Civil Liberties Union, and the Marijuana Law Section of the State Bar of Michigan. Unity which was not present in 2016 when multiple separate marijuana legalization initiative petition efforts were pursued and none made the ballot.
    • The second initiative was designed to repeal Michigan’s 1965 law requiring contractors to provide workers with s for any construction project with state funding.
      • The group behind the initiative to repeal prevailing wage, however, said it was expecting approval by the legislature, thereby precluding the need to go to the ballot and avoiding the Gov. Rick Snyder’s (R) threatened veto. Jeff Wiggins, president of the group—Protecting Michigan Taxpayers—said, “We're going to get it before [the legislature.] We're very confident we have the votes there."  State law does not allow the governor to veto a citizen initiative.
      • In 2015, the state legislature considered a package of bills that would repeal prevailing wage, which was supported by Senate Majority Leader Arlan Meekhof (R-30) and was approved in the state Senate with 22 out of 27 Republicans in favor and all 10 Democrats opposed (with one excused). Snyder opposed the repeal proposal, however, and stated that he would veto the bills if they were approved by the legislature. Republicans currently control 27 of 38 seats in the Senate and 63 of 110 seats in the House. Thus, Republicans have majority control, but not enough of a majority in the House to override a gubernatorial veto—which requires a two-thirds majority in both chambers. The group behind the 2018 initiative—Protecting Michigan Taxpayers—also worked on a similar failed 2016 initiative.
    • The board of canvassers was also set to consider a petition for a initiative constitutional amendment designed to make the legislature part-time and reduce the salaries of legislators. The group behind the initiative—Clean MI Committee—withdrew the petition saying a technical correction was needed. The group said it would resubmit the initiative. A similar initiative failed to make the ballot in 2014.

Alaska Begins Special Legislative Session

Friday, May 19

Alabama Legislature Approves New Legislative Maps With Party Line Votes

  • The Alabama Legislature approved new legislative maps, voting along party lines 71-32 in the House and 21-8 in the Senate. The need for new maps stemmed from a federal court decision made earlier this year. In January 2017, a three-judge panel of the United States District Court for the Middle District of Alabama ruled that 12 districts—three in the Senate and nine in the House—had been subject to an unconstitutional racial gerrymander in the 2010-2012 redistricting process. The court ordered the Legislature to redraw the districts ahead of the 2018 elections. The Legislature began pushing towards a vote on Wednesday. Democrats opposed the plan, arguing that it negatively impacts the influence of Black voters throughout the state and that the new maps will likely end up back in a federal court. Republicans have stated that the plan addresses the concerns voinced by the three-judge panel in January. On Wednesday and Thursday, Democrats used parliamentary rules—such as requesting the bill to be read aloud in its entirety—to delay a vote on the proposal.    
    • Proposals to redraw district lines in the state will impact a total of 25 districts in the Senate and 70 in the House.
    • Alabama is one of 25 Republican state government trifectas. Republicans have a 26-8 majority in the Senate and a 72-33 majority in the House.
    • 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 and Redistricting in Alabama

Kansas Legislative Session Continues Amid Negotiations Over Revenue Shortfall

  • Kansas’ 90-day legislative session was projected to end but will now extend into the coming weeks. The legislative session began on January 9. Lawmakers have been divided over how to address 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.
  • Central to the debate over solutions to the revenue shortfall have been a series of tax cuts signed into law in 2012. That year, Gov. Sam Brownback (R) supported and signed legislation reducing the state’s income tax brackets from three to two. The original rates were 6.5 percent, 6.25 percent, and 3.5 percent, depending on an individual’s annual income. The 2012 legislation dropped those rates to 4.9 and 3 percent. It also established state income tax exemptions for more than 300,000 farmers and business owners throughout Kansas. At the time, Brownback stated, “Today's legislation will create tens of thousands of new jobs and help make Kansas the best place in America to start and grow a small business.” Democrats and some Republican legislators have supported rolling back or repealing the tax cuts as a way of generating revenue. Other Republicans, however, have argued that repealing the tax cuts would amount to a tax increase and would slow economic growth.
    • In February 2017, Brownback vetoed legislation seeking to roll back the tax cuts, saying, “This is bad policy for Kansas. This will hurt growth in this state. Growth is what we need.” In response, the House voted 85-40 to override the veto, but the Senate voted 24-16 against it—three votes shy of the 27 needed for the override to pass.   
    • On May 10, in a 22-18 vote, the state Senaterejected a similar bill that also proposed rolling back cuts to state income taxes. Proponents of the bill argued that it would have generated more than $1 billion in revenue over a span of two years.     
    • On May 15, Republican members of the House Taxation Committeeproposed a full repeal of the 2012 tax cuts. The Legislature’s Research Department has stated that a full repeal of the 2012 tax cuts would raise $1.4 billion over a span of two years.   
    • Kansas is one of 25 Republican state government trifectas. Republicans have a 85-40 majority in the House and a 31-9 majority in the Senate.
    • In the 2016 elections, 14 Republican lawmakers aligned with Brownback were defeated by Republicans who ran on platforms opposed to the governor and the 2012 tax cuts. The reverse of this happened in 2012, when Republican challengers aligned with Brownback defeated eight Republican incumbents opposed to him.  
    • Brownback was first elected in 2010 and won re-election in 2014. He is term-limited in 2018.
    • The Kansas Constitution imposes no limits on the number of days the Legislature can meet in odd-numbered years. The next fiscal year begins on July 1, 2017.   

Vermont Legislative Session Comes To An End; Budget Veto Expected From Governor

  • Vermont’s legislative session ended with the Democratic Party-controlled Legislature sending Gov. Phil Scott (R) a $5.8 billion budget. Scott has stated that he opposes the plan. Central to the debate over the budget in the past few weeks has been Scott’s proposal to make changes to public school health insurance plans. Scott has proposed restructuring the insurance plans in order to save money. Democrats in the Legislature have argued that Scott’s proposal would negatively impact collective bargaining for public school teachers in the state. In a statement on Thursday, after the budget vote took place, Scott said, “As I stand here tonight, it’s unfortunate we have not been able to reach agreement on one very significant issue, despite our best efforts. The last few weeks have demonstrated the challenges and frustrations that come with public service.” If Scott vetoes the budget, lawmakers will be called back for a veto session in June. Vermont is one of 19 states under divided government.

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 chambers.  The filing deadline for all eight seats was 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 apower-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. A key race in the Senate will be District 45. Andy Hill (R), who previously held the seat before dying of lung cancer in October 2016, won election to District 45 by less than two points in 2010. He won re-election in 2014 by five points. The district is located in King County, which Democrat Hillary Clinton won in the 2016 presidential election by almost 50 points. 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 underdivided government.

Texas State Legislature Sends Amendment to the 2017 Ballot

  • The Texas State Legislature referred a constitutional amendment to the ballot for the election on November 7, 2017. The amendment was designed to allow banks, credit unions, and other financial institutions to promote savings by offering their customers prizes drawn at random. These drawings would be known as savings promotion raffles. Section 47 of Article III of the Texas Constitution bans lotteries in the state. To make an exception to this ban, the legislature needed to refer a constitutional amendment providing for an exception to the ballot for voter approval.
    • This is the second amendment referred to the 2017 ballot. On May 6, the legislature referred an amendment addressing the state’s home equity borrowing system.
    • During the 20-year period from 1995 and 2015, the average number of constitutional amendments appearing on odd-year ballots was 14. Of the 152 amendments on the ballot during this period, 91 percent were approved by voters.

Special Elections

As of this week, 20 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 23, 2017

May 27, 2017

May 30, 2017

State Politics: What's On Tap Next Week

Monday, May 22

Minnesota Legislative Session Scheduled To End

  • Minnesota’s legislative session is projected to end. The session began on May 22. Minnesota is one of 19 states under divided government.  

Tuesday, May 23  

Four special elections in two states to fill vacancies

Nebraska Legislative Session Scheduled To End

  • Nebraska’s legislative session is projected to end. The session began on January 4. Nebraska is one of 25 Republican state government trifectas.

Wednesday, May 24

Special Session In New Mexico To Address Budget Dispute Between Governor Martinez And The Legislature

  • A special session will begin in New Mexico as legislators and Gov. Susana Martinez (R) resume budget negotiations. In March, the Democratic Party-controlled legislature sent a $6.1 billion budget to Martinez that included spending and tax increases. The next month, 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. Leadership in the legislature responded by filing a lawsuit, arguing that Martinez had overstepped her constitutional authority with the line-item vetoes. Oral arguments for the case were originally scheduled to begin at the New Mexico Supreme Court on May 15, but the court elected last week 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 had called for a special legislative session. New Mexico’s next fiscal year begins on July 1.Without an agreement, the fiscal year will begin without funding for the legislative branch and state colleges and universities. Democrats have majorities in both the New Mexico House and Senate. The state is one of 19 states under divided government.

Friday, May 26

Oklahoma Legislative Session Scheduled To End

  • Oklahoma’s legislative session is scheduled to end. It began on February 6. The Legislature has been debating a budgetary solution to a projected $878 million shortfall. Proposals to address the issue have  included budget cuts and tax increases on goods such as cigarettes and gas. On May 16, the House rejected a series of tax increases that supporters say would have generated $342 million per year. Oklahoma is one of 25 Republican state government trifectas.    
 
Map of states in session
 
Map of state government trifectas
 
 

Local Politics: The Week in Review

Elections Update

Monday, May 15

Michigan teachers union rejects deal with Detroit Public Schools Community District

  • The executive board of the Detroit Federation of Teachers—a union representing more than 3,000 teachers in the Detroit area—rejected a tentative contract negotiated between the union and the Detroit Public Schools Community District (DPSCD) After two months of negotiations, the tentative deal was reached on May 14, 2017, but its acceptance hinged on a vote by the union’s 15-member executive committee. The deal would have replaced the current contract between the union and DPSCD, which was ratified in September 2016 and expires on June 30, 2017. Full details of the rejected deal have not been released, though the Detroit Free Press reports that increasing teacher pay was at its center. Union President Ivy Bailey released a written statement saying, “the executive board felt that the tentative agreement doesn’t move DPSCD forward and place the students first. We want to continue negotiations.” The Detroit Public Schools Community District served 47,277 students during the 2014-2015 school year—approximately 3.1 percent of all public school students in the state.
    • On May 12, 2017, the DPSCD school board voted 7-0 to approve a five-year contract for newly confirmed superintendent Nikolai Vitti. Vitti currently serves as superintendent of Duval County Public Schools in Florida. He is expected to officially assume his role with the DPSCD on July 1, 2017.
    • On July 1, 2016, Detroit's public school system was split into two entities. Detroit Public Schools, which previously oversaw city schools, was changed into a revenue-collection entity to pay down the system's debt by 2025. The Detroit Public Schools Community District was created to oversee the schools. Learn more about the reorganization of Detroit's public schools here.

Campaign finance update in New York City mayoral race

  • In New York City, the latest campaign finance reports were released for candidates running in the mayoral primary election scheduled for September 12, 2017. The general election is scheduled on November 7, 2017. The report shows that Mayor Bill de Blasio (D) had raised nearly $7 million, with $663,000 of that total raised between March 12, 2017, and May 11, 2017. The funds came from more than 2,200 donors, and the majority of those donors individually contributed $175 or less to de Blasio’s campaign. De Blasio has now raised more money than his most well-funded Republican challenger, Paul J. Massey Jr., whose fundraising exceeded de Blasio’s in the previous two-month filing period. The most recent report shows that Massey raised $545,000 in April and May. A second Republican challenger, Nicole Malliotakis, raised $94,000 with small donations coming from 584 individual contributors. Bo Dietl, who is running without backing from any party, raised almost $190,000. According to a spokesperson for the mayor’s campaign, de Blasio has raised enough money with aid from the city’s matching program to exceed the maximum spending cap allowed in a primary campaign—nearly $7 million. The matching program offers a six-to-one match for the first $175 from each donor. Massey Jr. opted not to participate in the program. New York City is the largest city in the U.S. by population.
    • New York City is also holding elections for all 51 seats on the city council, for public advocate, and for comptroller in 2017. The deadline to file to run for these positions is July 13, 2017.

Cleveland City Council appointee sworn in following Mitchell resignation

  • Blaine Griffin was sworn into the Ward 6 position on the Cleveland City Council following the resignation of councilwoman Marnie Mitchell. Mitchell recommended Griffin to serve the remainder of her term, which is up for primary election on September 12, 2017. A general election is scheduled on November 7, 2017. In order to retain the seat, Griffin has filed to run for the position along with eight additional declared candidates. Cleveland is the second-largest city in Ohio and the 48th-largest city in the U.S. by population.
    • Cleveland will hold primary and general elections for mayor and all 17 seats on the city council on November 7, 2017. City council members are elected by-district to each one of the city’s 17 wards.

Tuesday, May 16

New York City corrections official fired

  • Gregory Kuczinski, the deputy commissioner of investigations with the New York City Corrections Department, was fired amid accusations of corruption. The New York City Department of Investigation (DOI)—the organization tasked with investigating and reporting on waste, fraud, and abuse within other city agencies—accused Kuczinski of orchestrating a spying campaign against it. The DOI said  Kuczinski eavesdropped on telephone calls made between a DOI investigator and an inmate serving as a police informant in the Rikers Island jail complex on multiple occasions between February 2017 and May 2017. In a letter sent to Mayor Bill de Blasio (D), city investigators said Kuczinski’s actions violated city rules and regulations, and the organization called for Kuczinski’s removal. On May 8, 2017, Kuczinski was removed from his internal affairs post and placed on modified duty. Kuczinski denied any wrongdoing in the matter. The commissioner of the corrections department, John Ponte, defended Kuczinski, saying he believed the accusations made against him were likely the result of poor communication between DOI investigators and the corrections department.
    • Investigations into NYC Corrections Department officials have been ongoing. In recent years, the DOI has investigated the Rikers Island complex for offenses such as abuses committed by guards and inmates and the misuse of official department vehicles by top officials, including Kuczinski and Ponte. On May 12, 2017, Ponte announced he would resign from his position during the summer of 2017 after it was disclosed he had been out of state for 90 days during 2016.

Texas commissioners vote to sue state

  • El Paso County Commissioners voted 4-1 to seek litigation against the state of Texas over the enactment of Senate Bill 4 (SB4). Commissioner Andrew Haggerty was the dissenting vote. The bill, which is set to go into effect on September 1, 2017, was signed into law by Gov. Greg Abbott (R) on May 7, 2017. SB4 allows police officers to ask whether someone is in the U.S. legally and requires police chiefs and sheriffs to comply with federal requests to hold criminal suspects for possible deportation. The county estimated it would spend about $150,000 for the legal proceedings, including hiring San Antonio-based law firm Garza Golando and Moran. On the same date, the cities of Dallas and Austin also confirmed that they intend to move forward with resolutions or litigation against the state regarding SB4. Prior to the commission’s vote, El Paso County Court Judge Veronica Escobar expressed concern that upholding SB4 would violate a settlement reached in U.S. federal court against the county in 2006. As part of the settlement, the El Paso County Sheriff’s Department agreed to prevent deputies from enforcing immigration law. Judge Escobar said upholding SB4 could open the county up to additional lawsuits. In support of the bill, Gov. Abbott released a statement saying, “We all support legal immigration, it helped build America and Texas. Texas strongly supports legal immigration that has been a part of our state from our very beginning.” Proponents of SB4 have also said law enforcement agencies should not have the ability to decide which laws they will, and which laws they will not, obey and uphold. El Paso County was home to an estimated 833,487 residents in 2014, according to the United States Census Bureau.
    • Ballotpedia has followed issues related to sanctuary status and immigration policy throughout 2016 and 2017. Click here to read Ballotpedia’s coverage of sanctuary policy preemption conflicts between the federal government and local governments across the United States.

Incumbent, newcomer win municipal elections in Los Angeles; pro-charter candidates win L.A. school board elections

Krasner wins Dem primary for Philly DA to replace indicted Seth Williams

  • Partisan primary elections for district attorney and city controller were held in Philadelphia. Seven candidates vied to be the Democratic nominee for district attorney. The winner, Lawrence Krasner, will face Beth Grossman, who ran unopposed for the Republican nomination, in the general election on November 7, 2017. In the Democratic primary election, progressive activist George Soros donated $1,450,000 toa PAC that spent almost $500,000 in support of Krasner's campaign. Another PAC that ran ads in 2015 supporting Mayor Jim Kenney's (D) campaign spent over $100,000 in support of defeated candidate John O'Neill. Another candidate,Michael Untermeyer, 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.
    • On the same date:
      • Incumbent Alan Butkovitz (D) ran for re-election to his fourth term as Philadelphia City Controller. He was defeated by Rebecca Rhynhart in the Democratic primary. Michael Tomlinson was the sole Republican candidate for city controller. Rhynhart and Tomlinson advanced to the general election.
      • Philadelphia residents voted to amend the city’s charter regarding contract awards and to create a community reinvestment commission in the city.

Mayor Peduto wins Dem Primary in Pittsburgh amid city policy disputes, intraparty battles

  • The city of Pittsburgh held partisan primary elections for mayor and four of the nine seats on the city council. Winners of the primary elections advanced to the general election on November 7, 2017. Mayor Bill Peduto (D), who is running for his second term, defeated 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. Two of four candidates advanced to the general election in the race for District 4, 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 held primary elections for county sheriff and six of the 12 seats on the county council. All six county council races featured incumbents (four Democrats and two Republicans) running for re-election. In the county sheriff race, incumbent Bill Mullen (D) defeated one Democratic challenger.

Tucson voters approve sales tax increase

  • Sales tax measure Proposition 101 was approved by 61.88 percent of voters in Tucson. The proposition will 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 will bring in an estimated $250 million over the five years. Of the revenue raised by the 0.5 percent sales tax, 60 percent will be deposited into a Public Safety Improvements Fund and 40 percent will be deposited into a Street Improvement Fund. Money in the Public Safety Improvements Fund will be divided equally between the Tucson Police Department and Tucson Fire Department, and it will be used to purchase or upgrade public safety vehicles and equipment and make improvements to public safety facilities. Money in the Street Improvement Fund will be distributed with 60 percent going toward improvements to major arterial and collector streets and 40 percent going toward improvements to residential streets. Tucson is the second-largest city in Arizona and the 33rd-largest city in the U.S. by population.
    • Supporters of the measure included the Tucson Metro Chamber of Commerce and city police and firefighter associations. Opponents included the local GOP, racial justice group Tucson Showing Up for Racial Justice (Tucson SURJ), and immigration policy group LUPE Tucson.

Local judicial primaries held in Pennsylvania

  • Pennsylvania held partisan primary elections for judgeships on local judicial courts in 61 counties. Elections were held for 36 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 will run unopposed in the general election scheduled on November 7, 2017.

Three ballot measures approved in Portland, Oregon

  • Residents of Portlandapproved two amendments to the city’s charter and approved a bond issue for the city’s school district. One charter amendment will enable the city to collect hotel taxes from lodging companies which operate online, and the other will increase the independence and authority of Portland’s city auditor. The bond measure authorizes the issuance of $790 million for upgrades and repairs to the facilities of Portland Public Schools. Some residents of the Portland metro area also approved 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.

Water board members recalled after allegations of customer endangerment

  • Three members of the Whetstone Water Improvement District board were recalled in Cochise County, Arizona. The recalled board members included Tim Sulger, the board president, as well as Leonard Howell and Robert Kinney. The recall effort was organized by Jim Demuth, one of three district employees who were fired in January 2017. Recall proponents said the board members who were recalled had 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.

Father of murdered student loses New York school board election bid

  • Twelve of New York’s largest school districts by enrollment held nonpartisan general elections for 34 school board seats. Each district elected between two and four board members. 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 in 2017 was the Brentwood Union Free School District school board, which held 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, unsuccessfully ran 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.

Majority of seats on district school boards up for election in Oregon

  • Fourteen of Oregon’s largest school districts by enrollment held nonpartisan general elections for 51 school board seats. In 10 of these districts, a majority of members on each school board were up for election. The school boards that held elections in Oregon included 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.

Lack of opposition leads to school board election cancellations in Idaho

  • Six of Idaho’s largest school districts by enrollment held 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.
    • The largest school district holding an election was the West Ada School District. The district canceled the elections for two of its five total school board seats due to lack of opposition. The incumbents in Zones 1 and 3 were automatically re-elected to their positions. Both of these incumbents were appointed in 2016 after three of five school board members were recalled from their positions. The incumbent appointed to the third recalled seat in Zone 5 will be up for general election in 2019. The West Ada School District served 36,804 students during the 2014-2015 school year—approximately 13 percent of all public school students in the state.

Thursday, May 18

San Francisco Board of Supervisors settles housing debate

  • San Francisco lawmakers reached a compromise and settled a year-long internal debate over what percentage of new market-rate rental developments must be set aside as below-market-rate housing. Under Proposition C, passed in June 2016, new housing projects in the city are required to offer 25 percent of the housing at below-market-rates. The measure gave city supervisors the authority to adjust this percentage after a financial analysis was conducted. After a study published by the city controller in February 2017 found that a rate higher than 18 percent would harm the housing industry, supervisors Aaron Peskin and Jane Kim clashed with supervisors London Breed, Ahsha Safai, and Katy Tang over the best course of action. The compromise reached between the two groups of supervisors reduces the number of below-market-rate rental units required in new buildings with 10 units or more from 25 percent to 18 percent in 2017. In January 2018, this requirement will increase to 19 percent, topping out at 20 percent in 2019. For condominiums, these requirements will rise to 21 percent in 2018 and 22 percent in 2019. San Francisco is the fourth-largest city in California, and the 14th-largest city in the U.S. by population.

Friday, May 19

Municipal and school board election filing deadlines pass in Washington state

  • The filing deadline passed 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 passed 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 commissioner positions for 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 passed 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.
  • The filing deadline passed for candidates to run in nonpartisangeneral elections for 71 school board seats in 34 of Washington’s largest school districts by enrollment. If more than two candidates filed 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 is 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.

What's On Tap Next Week

Tuesday, May 23

Two Gladstone City Council members face recall election in Oregon

  • Gladstone City Councilman Steve Johnson and City Councilwoman Kim Sieckmann will face a mail-in recall election. The recall was initiated by Bill Osburn, a former city council candidate, over allegations of unprofessional behavior and illegal contracting practices. Johnson and Sieckmann countered in their official responses that Osburn's allegations lacked factual evidence. Gladstone is located in Clackamas County, Oregon, which was home to an estimated 11,479 residents during 2010, according to the United States Census Bureau.

Municipal election filing deadline in Boston

  • The deadline to file to run in primary elections for mayor and all 13 of the city council seats will pass in Boston. The primary election is scheduled for September 26, 2017, and the general election is scheduled on November 7, 2017. Current Mayor, Martin J. Walsh (D), has served in the position since 2014. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.
 

Ballotpedia depends on the support of our readers.


The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.

Back to top for Federal updates

About

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.

There are two ways to read The Tap. One is here on the website. Click the tabs for information at each level of government. For previous issues, see Ballotpedia:The Tap. You can also subscribe to have The Tap delivered to your email inbox every Saturday.


Back to top