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The Tap: FBI investigation comes to a close

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July 9, 2016Issue No. 24

The Tap Graphic-750x191px.png

The week in review: July 2 - July 8
What's on Tap next week: July 9 - July 15

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

  • The FBI investigation into whether classified materials were mishandled on Hillary Clinton’s private email server during her tenure as secretary of state concluded this week, with the agency finding that "no charges [were] appropriate” in the matter. On July 5, 2016, FBI Director James Comey said in a statement, "Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.” U.S. Attorney General Loretta Lynch accepted the FBI’s recommendation and announced on the following day that the Justice Department would not pursue charges against Clinton.
  • Interested in the Republican and Democratic nominating conventions? Ballotpedia will be on-site covering the excitement. If you’d like to receive Ballotpedia’s special updates from Cleveland and Philadelphia, sign up here.
 

Federal

The Week in Review

Saturday, July 2

  • Donald Trump was criticized for tweeting a graphic of Clinton with the tagline "most corrupt candidate ever" highlighted in a six-pointed star. According to CNN, The image first appeared on a “message board loaded with anti-Semitic conspiracy theories and neo-Nazi ideology.” Conservative radio host Erick Erickson commented, “A Star of David, a pile of cash, and suggestions of corruption. Donald Trump again plays to the white supremacists.” Former Trump campaign manager and current CNN political commentator Corey Lewandowski defended Trump on Sunday, describing the outcry as “political correctness run amok."
  • The Republican National Committee’s Committee on Contests ruled in favor of John Yob and his slate of delegates, allowing them to attend the Republican National Convention as delegates from the U.S. Virgin Islands. Yob, who initially won the election to be a delegate, was disqualified by territory party chairman John Canegata, who claimed Yob was ineligible because he had broken party rules. On March 4, 2016, Yob's bid faced opposition from Caroline Fawkes, the supervisor of elections for the U.S. Virgin Islands. The supervisor ruled Yob ineligible to vote in the Virgin Islands caucus, claiming he had not established residency for 90 days before registering to vote. The ruling would have also made Yob ineligible to appear on the ballot, since candidates must be registered Republican voters. Yob is the son of Chuck Yob of Michigan, who is also an RNC delegate this year.
  • Hillary Clinton participated in a voluntary interview with the FBI regarding the private email server she used while serving as secretary of state. “I’ve been eager to do it, and I was pleased to have the opportunity to assist the department in bringing its review to a conclusion,” Clinton said in an interview after the meeting. The Republican National Committee released a statement remarking that Clinton had “just taken the unprecedented step of becoming the first major party presidential candidate to be interviewed by the F.B.I. as part of a criminal investigation surrounding her reckless conduct.”

Sunday, July 3

  • In an interview on CNN on Sunday, Gary Johnson discussed his Democratic and Republican rivals, condemning Trump for making “racist” statements and defending Clinton against accusations that she committed a crime with her private email server use. “[Trump] has said 100 things that would disqualify anyone else from running for president but doesn't seem to affect him,” Johnson said. He added of Hillary, "I'm not a stone-thrower when it comes to Hillary Clinton and her emails and her server. I don't think there has been criminal intent on Hillary Clinton's part. I don't see an indictment." Johnson also said that he would consider ending the drone program. “Look, if we're attacked, we're going to attack back, but these drone strikes do have the unintended consequences of killing innocent people. Try to put yourselves in the shoes of families that have been affected,” he said.

Monday, July 4

  • CNN reported that if Bernie Sanders remains in the presidential race through the Democratic National Convention, the cost to taxpayers to provide security detail for the candidate since the date of the last Democratic primary of the cycle will be near $2 million. Asked to comment on this expense, Sanders said, "I think security is probably something we shouldn't be talking about too much.”

Tuesday, July 5

  • After FBI Director James Comey finished announcing that he would not recommend bringing criminal charges against Hillary Clinton, The Hill compiled a list of new details Comey provided about Clinton’s handling of information while serving as secretary of state, including:
      • Comey revealed that “113 emails in more than 50 chains contained sensitive information at the time they were sent or received by her private setup. … Of those, eight chains contained information considered top secret, the highest level of classification;”
      • “Clinton has previously framed the decision to delete half of her machine’s cache of approximately 60,000 messages as an effort to avoid letting her private life become public. … But FBI investigators uncovered ‘several thousand work-related emails that were not in the group of 30,000 that were returned by Secretary Clinton’ to the State Department;”
      • The FBI was unable to recover all of Clinton’s deleted emails; and
      • “It is possible that hostile actors gained access to Secretary Clinton’s personal email account.”
    • See also: Hillary Clinton email investigation
  • During their first appearance on the campaign trail together, President Barack Obama praised Hillary Clinton, saying, “I can tell you this, Hillary Clinton has been tested. There has never been any man or woman more qualified for this office.” During the event, Clinton praised Obama’s presidency and criticized Donald Trump. She said, “Can you imagine him, sitting in the Oval Office, the next time the world faces a crisis? Donald Trump is simply unqualified and temperamentally unfit.”
  • One of Donald Trump’s advisors told CNN that Trump's “vice presidential pick is expected to be announced next week.” Trump’s vice presidential shortlist at the time included New Jersey Gov. Chris Christie, former House Speaker Newt Gingrich, Indiana Gov. Mike Pence, Sen. Joni Ernst (R-Iowa), Sen. Tom Cotton (R-Ark.), and Sen. Bob Corker (R-Tenn.).
  • Donald Trump’s son-in-law, Jared Kushner, was the target of an article titled “An Open Letter to Jared Kushner, From One of Your Jewish Employees.” The article, alluding to Kushner’s ownership of the New York Observer, was written by Observer entertainment writer Dana Schwartz. Schwartz criticized Kushner for allowing Trump to post anti-semitic tweets and encourage his followers to engage in anti-semitic acts. The letter was a response to a tweet Trump’s social media manager posted on Saturday that had “an image of Hillary Clinton superimposed on a pile of $100 bills along with the words ‘Most Corrupt Candidate Ever!’ emblazoned on a Star of David. … Although the presumptive Republican presidential nominee quickly deleted the tweet and replaced it with one that used a circle in place of the star.”
    • Kushner, husband of Trump’s daughter Ivanka, replied, “My father-in-law is an incredibly loving and tolerant person who has embraced my family and our Judaism since I began dating my wife. I know that Donald does not at all subscribe to any racist or anti-semitic thinking. I have personally seen him embrace people of all racial and religious backgrounds. The suggestion that he may be intolerant is not reflective of the Donald Trump I know.”
  • In a unanimous three-judge panel ruling, the D.C. Circuit Court held in Competitive Enterprise Institute v. Office of Science and Technology Policy that federal officials are barred from shielding agency documents from Freedom of Information Act requests, even if those documents are located on a private server. In his opinion for the panel, which was joined by Judges Harry Edwards and Sri Srinivasan, Judge David Sentelle said that “an agency always acts through its employees and officials. If one of them possesses what would otherwise be agency records, the records do not lose their agency character just because the official who possesses them takes them out the door or because he is the head of the agency … If the agency head controls what would otherwise be an agency record, then it is still an agency record and still must be searched or produced.”
  • The Tax Foundation, a nonpartisan tax research group, released its analysis of the House GOP’s “A Better Way” tax plan. According to the analysis, the tax plan would:
    • “Reduce federal tax revenue by $2.4 trillion over the next decade;”
    • “Reduce marginal tax rates on labor and substantially reduce marginal tax rates on investment;”
    • “Boost long-run GDP by 9.1 percent;”
    • Create “7.7 percent higher wages;”
    • “Result in 1.7 million more full-time equivalent jobs;” and
    • “Reduce revenue on a dynamic basis by $191 billion over the next decade.”
  • After a week in which the Islamic State—also known as ISIS or ISIL—carried out terrorist attacks in Turkey, Bangladesh, Iraq, and Saudi Arabia, Pentagon Press Secretary Peter Cook told reporters, “These tragic events once again highlight why it's so important to accelerate the coalition campaign to deliver ISIL a lasting defeat in Iraq and Syria, to further limit the group's ability to carry out attacks in other parts of the world and to do all we can to prevent the spread of its hateful ideology.” The attacks, which were part of ISIS’s efforts to carry out violence during the Muslim holy month of Ramadan, resulted in the deaths of more than 250 individuals.

Wednesday, July 6

  • Sen. Bob Corker (R-Tenn.) told The Washington Post that he had removed himself from consideration as a possible Trump running mate. “There are people far more suited for being a candidate for vice president, and I think I’m far more suited for other types of things,” Corker said.
  • Sen. Joni Ernst (R-Iowa) told Politico that she was focused on representing Iowa rather than serving as Trump’s vice president. “I made that very clear to him that I’m focused on Iowa. I feel that I have a lot more to do in the United States Senate. And Iowa is where my heart is,” Ernst said.
  • A survey of members of the Republican National Convention Rules Committee found that a movement to unbind the delegates to the national convention could be within striking distance of getting an amendment to the convention floor allowing delegates to abstain from voting for the candidate to whom they are bound if that vote violates their conscience on moral or religious grounds. Opposition to the amendment, however, is formidable.
    • The survey, conducted by The Wall Street Journal, found that 20 committee members support the amendment and 59 are against it. Thirty-three did not respond. To get the amendment to the convention floor as part of the official rules package, the amendment would first need to be approved by 57 of the committee’s 112 members. But, if that fails, the amendment could still make it to the floor as a minority report with the backing of only 28 members. Once it’s on the floor, it’s all up to the delegates. A majority would have to support the amendment in order for it to become part of the convention rules.
    • A number of conservative groups began laying down plans last month to unbind the delegates to the national convention as part of a larger effort to prevent Donald Trump from securing the party’s presidential nomination. Central to their efforts has been a “conscience amendment” that would allow delegates to vote their conscience at the convention instead of in accordance with the results of their state’s primary or caucus results. Politico conducted a survey in late June similar to the one from The Wall Street Journal. Out of 32 responses, 25 said they were opposed to the amendment. Politico also noted that another 33 members of the Rules Committee have made public statements either endorsing Trump or opposing rules changes like the conscience amendment.
  • Gretchen Carlson, host of the Fox News program The Real Story with Gretchen Carlson and former co-host of the network’s morning show Fox & Friends, filed a lawsuit against the network’s chairman and CEO Roger Ailes. The suit accuses Ailes of wrongful termination and sexual harassment, claiming that Ailes’ activities ranged “from lewd innuendo, ogling and remarks about Ms. Carlson’s body to demands for sex as a way for her to improve her job standing.” The suit also alleged former Fox & Friends co-host, Steve Doocy, had sexually harassed Carlson.
  • President Barack Obama announced that he will keep 8,400 members of the United States Armed Forces in Afghanistan through the end of his term. According to the U.S. Department of Defense, “Obama had planned to draw down the number of American troops in the country to 5,500 by the end of the year. There are currently 9,800 U.S. troops in the country.” During his announcement, Obama said, “As president and commander-in-chief, I have made it clear that I will not allow Afghanistan to be used as safe haven for terrorists to attack our nation again. I strongly believe that it is in our national interests, especially after all the blood and treasure we’ve invested in Afghanistan over the years, that we give our Afghan partners the very best opportunity to succeed.”
  • U.S. Health and Human Services Secretary Sylvia Mathews Burwell announced the following proposals and actions to fight opioid addiction:
    • “Expanding access to buprenorphine, a medication to treat opioid use disorder;”
    • Advocating for the elimination of financial incentives “for doctors to prescribe opioids based on patient experience survey questions;”
    • Requiring “Indian Health Service prescribers and pharmacists to check state Prescription Drug Monitoring Program (PDMP) databases before prescribing or dispensing opioids for pain;” and
    • “Launching more than a dozen new scientific studies on opioid misuse and pain treatment.”
  • The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned North Korean leader Kim Jong Un—as well as 10 other individuals and five entities—for human rights and censorship abuses. Kim and the other individuals and entities are banned from financial transactions with the United States. Acting Undersecretary for Terrorism and Financial Intelligence Adam J. Szubin said, “Under Kim Jong Un, North Korea continues to inflict intolerable cruelty and hardship on millions of its own people, including extrajudicial killings, forced labor, and torture. The actions taken today by the Administration under an Act of Congress highlight the U.S. Government’s condemnation of this regime’s abuses and our determination to see them stopped.”
    • On Thursday, North Korea responded to the sanctions, calling them a "declaration of war.”
  • U.S. Attorney General Loretta Lynch announced that the Justice Department would not pursue charges against Hillary Clinton for her use of a private email server while secretary of state. “Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State. I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation,” she said in a statement. Lynch is expected to speak before the House Judiciary Committee next week about the Justice Department’s decision.

Thursday, July 7

  • FBI Director James Comey testified before the House Oversight Committee for more than four hours regarding his agency’s investigation into Hillary Clinton’s private email server use and the Bureaus’s recommendation that no charges be brought against her. "I think she was extremely careless. I think she was negligent—that I could establish. What we can't establish is that she acted with the necessary criminal intent,” Comey said. He noted that there were three emails found on her system that were marked as classified with the letter “C,” but he added that Clinton “may not have been as sophisticated as people assume” and may not have recognized what the marking meant.
  • A motion hearing was held in the Correll v. Herring case before federal district court Judge Robert Payne. Correll's counsel called Curly Haugland, a national committeeman from North Dakota and a member of the RNC Rules Committee, to give expert testimony. Jesse Binnall was also called as an expert witness for the Trump campaign, which participated in the hearing as an intervenor. Binnall's testimony focused on parliamentary procedure and whether Haugland's interpretation was correct. Defense counsel made additional arguments that the Republican Party elected to participate in a state-sponsored primary and was, therefore, beholden to state law regarding delegate allocation. The attorneys for Correll, in response, frequently cited Democratic Party of U.S. v. Wisconsin ex rel. La Follette, in which the Supreme Court held that state election law could not override the delegate selection mechanisms of a political party for its national convention. A decision on whether a temporary injunction will be granted for Correll is expected July 11, when the court will next be in session.
  • Donald Trump met with Republicans on Capitol Hill on Thursday in a private meeting “designed to foster greater party unity ahead,” according to The Washington Post. It was said that the meeting “grew combative.”
    • U.S. Sen. Jeff Flake (R-Ariz.) challenged Trump over his negative comments about Mexicans and about whether U.S. Sen. John McCain (R-Ariz.) was a war hero after being held prisoner during the Vietnam War. Trump responded that he had not yet attacked Flake hard but could begin doing so. He also said Flake would lose his seat, although the senator is not on the ballot in November.
    • Trump campaign chair Paul Manafort criticized the media’s portrayal of the meeting in a statement. “Today’s meeting was positive and productive and these characterizations, attributed to unnamed sources, are wholly inaccurate. The conversation was very positive and substantive,” he said.
  • U.S. Rep. Buddy Carter (R-Ga.) endorsed Trump on Thursday. “As we saw with her disastrous response to Benghazi and never-ending lies to the American people, Hillary Clinton is not fit to lead or protect Americans. The stakes are higher than ever and republicans must come together as a united front to win in November. I am proud to endorse Donald Trump today and I urge all Americans to join me. The future of our nation depends on it,” he said in a statement.
  • The National Abortion Rights Action League (NARAL) launched an online advertising campaign aimed at vulnerable anti-abortion candidates for Congress. The group’s campaign, which uses the slogan #TrumpSquadGoals, links a candidate to Donald Trump, Mitch McConnell, and Paul Ryan by inserting their pictures into an animated gif from the film Zoolander. According to Politico, targeted candidates include Sens. Richard Burr (R-N.C.), John McCain (R-Ariz.), Roy Blunt (R-Mo.), Pat Toomey (R-Pa.), Ron Johnson (R-Wis.), Rob Portman (R-Ohio), Chuck Grassley (R-Iowa), and Kelly Ayotte (R-N.H.), as well as Rep. Joe Heck (R-Nev.).
  • The Department of Veterans Affairs (VA) examined “over 55 million Veteran records from 1979 to 2014 from every state in the nation and found “that in 2014, an average of 20 Veterans a day died from suicide.” VA Undersecretary for Health Dr. David J. Shulkin said, “One Veteran suicide is one too many, and this collaborative effort provides both updated and comprehensive data that allows us to make better informed decisions on how to prevent this national tragedy. We as a nation must focus on bringing the number of Veteran suicides to zero." According to the American Foundation for Suicide Prevention, “On average, there are 117 suicides per day.”
  • Democrats read the names of the victims of gun violence on the floor of the House in an attempt to prompt immediate consideration of a bill that proposes preventing individuals on the federal government’s terror watchlists from purchasing guns. Their efforts delayed House proceedings but did not result in a vote on the measure. The House originally planned to consider a counterterrorism bill that proposes allowing “federal authorities to block a gun sale if they obtain a court order justifying a claim that the buyer is likely to engage in terrorism,” according to The Hill. Democrats oppose the measure because they do not think it goes far enough. Republican members of the House Freedom Caucus oppose the measure because they think it infringes on an individual’s right to due process.
  • The Obama administration put forth regulations to strengthen safety standards for oil and natural gas production in the Arctic Ocean. Under the standards, drilling companies must implement spill response plans and be prepared to contain any spills without the use of certain chemicals; drillers would also need backup drilling rigs in order to prevent spills similar to the 2010 Deepwater Horizon spill in the Gulf Coast. The rules will go into effect despite the fact that no companies are using offshore rigs to drill in federal waters in the Arctic Ocean or have forthcoming plans to drill in the Arctic Ocean. The U.S. Department of the Interior estimated that the standards would cost up to $2 billion in compliance costs for companies that choose to drill in the Arctic Ocean; the Interior Department did not provide an estimate of the standards’ financial benefits. Some environmental groups have argued that the standards are necessary, while other environmental groups have argued the standards do not go far enough to ensure environmental protection. Energy industry groups have argued that the rules are too costly and are unnecessary.

Friday, July 8

  • U.S. Rep. Corrine Brown (D-Fla.) and her Chief of Staff Elias "Ronnie" Simmons pleaded not guilty to “charges of mail and wire fraud, conspiracy, obstruction and filing of false tax returns.” According to Assistant U.S. Attorney General Leslie Caldwell, "Congresswoman Brown and her chief of staff are alleged to have used the congresswoman's official position to solicit over $800,000 in donations to a supposed charitable organization, only to use that organization as a personal slush fund.” According to the indictment, donations to Brown’s charity, One Door, went into Brown’s and Simmons’ bank accounts and paid for “repairs to Brown's car and vacations to locations such as the Bahamas, Miami Beach and Los Angeles.” In addition, the indictment alleges that Brown used One Door funds to pay for “a golf tournament, lavish receptions during an annual Washington conference and the use of luxury boxes for a Beyonce concert and an NFL game between the Washington Redskins and Jacksonville Jaguars.”
    • After the hearing, Brown said, "My heart is just really heavy. But I'm looking forward to a speedy day in court to vindicate myself. We will present the other side."
  • Five Dallas police officers were killed and seven were wounded by Micah Johnson, a “black U.S. military veteran of the Afghan war who said he wanted to ‘kill white people,’” according to Reuters. The attack occurred during a protest against this week’s fatal police shootings of black men in Minnesota and Louisiana. Two civilians were also wounded during the attack. After an hours-long standoff, the gunman was killed by a bomb-carrying robot.
    • In a statement, President Barack Obama commented on the attack, saying, “[T]here is no possible justification for these kinds of attacks. Grave violence against law enforcement. The FBI is already in touch with the Dallas police; anyone involved in these senseless murders will be held fully accountable. Justice will be done. I will have more to say about this when the facts become more clear. For now, let me just say that, even as yesterday I spoke about are need to be concerned as all Americans about racial disparities in our criminal justice system. I also said yesterday that our police have an extraordinarily difficult job and the vast majority of them do their job in outstanding fashion. I also indicated the degree in which we need to be supportive of those officers who do their job each and every day. Protecting us and protecting our communities. Today is a wrenching reminder of the sacrifices that they make for us. We also know that when people are armed with powerful weapons, it unfortunately make attacks like these more deadly and more tragic and in the days ahead consider those realities as well.”

Bills & Amendments

It was a busy week on Capitol Hill for the House of Representatives. The lower chamber passed a financial services appropriations bill, which included an amendment to prevent Boeing from selling aircraft to Iran. The House also passed a major mental health and substance abuse bill as well as a bill aimed at preventing opioid overdoses—a piece of legislation that is expected to be “one of Congress’s biggest achievements this year,” according to The Hill. The Senate was less productive, failing to move forward on a Department of Defense spending bill.

Tuesday, July 5

  • The House passed HR 4855 - the Fix Crowdfunding Act by a vote of 394-4. The legislation proposes raising the amount of money a company can accept from crowdfunded sources from $1 million to $5 million. It also proposes modifying some rules related to crowdfunding.

Wednesday, July 6

  • Key vote: The House passed HR 2646 - the Helping Families in Mental Health Crisis Act of 2015 by a vote of 422-2. The legislation proposes creating a new position—the assistant secretary for mental health and substance use disorders—to oversee the government’s mental health and substance abuse programs. It also proposes expanding and providing grants for mental health and substance abuse programs.
  • The House passed S 1252 - the Global Food Security Act of 2016 by a vote of 369-53. This legislation “requires the President to develop and implement a Global Food Security Strategy to promote global food security, resilience, and nutrition.” Funding from the legislation will go to Feed the Future, a global hunger and food security initiative. It passed the Senate on April 20, 2016.
    • President Barack Obama praised Congress for passing the legislation, saying, “This game-changing development initiative - the first of my Administration - has helped increase economic growth and stem the tide of global hunger, poverty and malnutrition over the span of just a few years. While we've already accomplished so much through this collaborative global partnership, I know that with the continued effort and support that this legislation provides, we can achieve what was just a few years ago the unimaginable: We can end global poverty and hunger within our lifetimes.”
  • The U.S. Senate passed legislation regarding the labeling of genetically modified organisms (GMOs) by a vote of 65 to 32. The legislation proposes blocking state governments from passing mandatory labeling laws for consumer products that contain GMOs. The legislation also proposes allowing food producers to have QR codes for consumers to scan with a smartphone to find out whether a product contains GMOs. The legislation comes after the Vermont Legislature passed legislation in 2013 requiring labels for food productions with GMOs; the Vermont law, the first of its kind at the state level, went into effect on July 1, 2016. Supporters of the Senate bill, which included most Republicans and some Democrats, have argued that the legislation is a compromise that allows food producers to avoid having to navigate multiple state laws. Opponents of the bill, which included most Democrats, have argued that the legislation is backed by special corporate interests and would deny the right of consumers to know the content of their food.

Thursday, July 7

Friday, July 8

 

Congress is IN session SCOTUS is NOT in session
Both the U.S. House and the U.S. Senate will be in session Monday-Friday next week. Summer recess begins the following week. They will return on September 6, 2016, the Tuesday following Labor Day. The Supreme Court is in recess until Monday, October 3. For a detailed breakdown of last term, see Ballotpedia’s Supreme Court end of term review, 2015.

What’s On Tap Next Week

Monday, July 11

Tuesday, July 12

  • FILING DEADLINE: Delaware congressional filing deadline
  • There is no U.S. Senate race in Delaware in 2016.
  • Delaware has a single At-Large Congressional District. The seat is currently held by Democrat John Carney Jr. Carney is not seeking re-election to his House seat in 2016 but is instead seeking election to Delaware’s governorship. Delaware’s House race is rated safely Democratic in November.

Wednesday, July 13

Thursday, July 14

 

Where was the president last week? Federal judiciary
President Barack Obama celebrated his last Fourth of July in the White House on Monday. His eldest daughter, Malia, celebrated her 18th birthday on the holiday. On July 5, he campaigned with Hillary Clinton in Charlotte, North Carolina.  
  • 92 total federal judicial vacancies
  • 60 pending nominations
  • 16 future vacancies

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

State and Local

What's on tap?

Twenty-five more citizen initiatives. At this point in 2014, only 19 citizen initiatives had made the ballot. Today, that number is 44. As you can learn more about in our ballot measures update below, fewer total votes cast in 2014 led to lower numbers of signatures required to make the ballot in some states.

 

Highlights

State

  • On Wednesday, July 6, three Massachusetts measures were certified for the November 8, 2016, ballot. The Question 3, the Marijuana Legalization Initiative, and the Question 2 were approved by William Galvin, secretary of the commonwealth. These measures join the Question 1, which was already certified.
  • The Increase Access to Public Charter Schools initiative would raise the cap on the number of charter schools if approved. Currently, the state allows no more than 120 operational charter schools. The ballot measure would instead allow for the approval of 12 new charter schools or expanded enrollment for existing charter schools. The measure is sponsored by Great Schools Massachusetts, which collected 20,000 signatures, over twice as many as required to place an initiative on the ballot.
  • A Massachusetts Supreme Judicial Court ruled that the official ballot title of the Marijuana Legalization Initiative was misleading. The decision required the title be changed from “Marijuana Legalization” to “Legalization, Regulation, and Taxation of Marijuana.” (Ballotpedia’s article naming convention will continue to use the former title for ease of access for our readers.)

Local

On Tuesday, July 5, two former school board members from the Donna Independent School District in Texas, Eloy Infante and Elpidio Yanez Jr., were sentenced to more than three years in prison on extortion charges stemming from crimes committed while in office. Both men were charged with threatening to cut the school district's contract with a business if they did not each receive a $10,000 bribe. They pleaded guilty to the charges in January 2016. Infante and Yanez both defeated incumbents to win election to the board in 2014. The school district’s leadership has experienced significant controversy in recent years, including a vote-buying scandal in 2012, the board president's suicide in 2014, and the arrest of the superintendent and a board member on bribery and retaliation charges in 2015. The Donna ISD was the 73rd-largest school district by student enrollment in Texas and served 15,376 students as of the 2013-2014 school year.

 

State

The Week in Review

Ballot measures update

Saturday, July 2

Already certified for the Montana ballot is the Crime Victims Rights Initiative, also known as Marsy’s Law. It would add a section to the Montana Constitution that would give crime victims specific rights.

Tuesday, July 5

  • Hearings began for former New Mexico state Senator Phil Griego (D). Griego, who served from 1996 to 2015, is facing nine criminal charges, including three counts of fraud; one count each of perjury, tampering with public records, financial disclosure violations, and bribery and solicitation; and two counts of "violating the ethical principles of public service." These charges were the result of a complaint that Griego received over $50,000 in the sale of a state-owned building but did not disclose that information. Griego pleaded not guilty to the charges.
  • Filing deadline: Michigan
    • State judiciary: Two seats on the Michigan Supreme Court will be up for election on November 8, 2016. The seats are held by Justice David Viviano (R) and Justice Joan Larsen (R) heading into the election. Both have filed to stand for re-election. Viviano is currently running unopposed for a full term after finishing the unexpired term of his predecessor. Larsen was appointed in 2015 and is running to complete the unexpired term of her predecessor, which expires in January 2019. She is being challenged by attorney Kerry L. Morgan (Libertarian). Supreme court elections in Michigan are nonpartisan, but most candidates are nominated by political parties. It is still possible that other candidates will enter the race; candidates unaffiliated with a political party may file by July 21, and the state Democratic Party may nominate candidates at its August convention. The court’s balance is currently 5-2 Republican and can shift if both incumbents lose their re-election bid.
  • Arizona State Representative Ceci Velasquez (D) pleaded not guilty to felony welfare fraud charges. Velasquez is accused of illegally using $1,726 in food stamps between 2013 and 2015. Velasquez was indicted by an Arizona grand jury in May 2016, and her next trial date was set for August 17, 2016.
  • The Connecticut Insurance Department issued notice to HealthyCT that the co-op, which was established under the Affordable Care Act (ACA), would be placed under the department’s supervision and that its operations would be wound down. HealthyCT is the 14th co-op nationwide to be ordered to shut down. The decision comes as a result of a notification issued to HealthyCT by the federal government informing the co-op that it would have to pay $13.4 million to the U.S. Department of Health and Human Services under the ACA’s risk adjustment program. The Connecticut Insurance Department said that the requirement jeopardized HealthyCT’s ability to pay out medical claims. Its 40,000 policyholders will have to find new coverage at the end of the current policy term.
  • Michigan Governor Rick Snyder (R) said he would appeal to the Michigan Supreme Court a ruling from the Michigan Court of Appeals ordering the state to return $550 million collected from public school employees to fund retirement for state employees. The ruling was in regard to a 2010 law that required school employees to contribute 3 percent of their incomes to the state retirement system. The Court of Appeals found the law to be unconstitutional for a second time and required the money collected to be returned to the 200,000 employees who contributed. Attorney General Bill Schuette (R) stated he would not provide state attorneys if Snyder appealed the ruling.

Though Christie is not up for re-election until 2017, Pence is currently seeking a second term in a highly competitive race rated as a toss-up. If Pence were to join Trump's ticket, he would have to withdraw from the gubernatorial race by noon on July 15, 2016. If Pence withdraws, the 22-member Republican State Committee would choose his replacement. Potential replacement candidates include Pence’s running mate and lieutenant governor, Eric Holcomb (R), Evansville Mayor Lloyd Winnecke, U.S. Reps. Susan Brooks and Todd Rokita, and state Speaker of the House Brian Bosma have also been. Indiana is one of 23 Republican trifectas.

Wednesday, July 6

  • Florida Governor Rick Scott (R) announced he will ask the Florida Legislature to set aside funds for combating toxic algae within rivers and along beaches in four counties in southern Florida. Many rivers and estuaries in these counties link to Lake Okeechobee, the state’s largest freshwater body, which has seen high levels of toxins due to heavy rainfall in the past several months. Scott said his administration would assist state environmental officials and local water management officials in combating toxic algae. Scott’s proposed plan would also require localities to match 50 percent in funding in order to receive state funds. The specific costs of Scott’s proposal have yet to be released. Environmental groups have argued that the Scott administration had ignored the potential toxic algae problem for several years.
  • Several members of the Hawaii State Senate have filed a complaint with Attorney General Douglas Chin questioning the legality of Governor David Ige's (D) appointment of Tom Gorak to the state’s nonpartisan Public Utilities Commission. Gorak, formerly a staff lawyer for the commission, replaced former Commissioner Michael Champley, whose term expired on June 30. The appointment came as a surprise to many observers, as the commission is set to vote on a major takeover of Hawaii Electric Co., a deal both Ige and Gorak oppose. Former chair of the commission Hermina Morita criticized the appointment as a move by Ige to block the takeover. Several members of the state Senate have threatened to take legal action against the appointment, which was approved by A.G. Chin after Ige requested a formal opinion on the matter. Hawaii law states that a sitting commissioner “shall hold office until the member’s successor is appointed and qualified”; in the complaint, senators argue that “qualified” means confirmation by the Senate and that Chin’s interpretation of the law was erroneous. Champley has stated that he did not voluntarily leave his position and that he is "disappointed" in Ige's decision to remove him from the commission prior to the vote, which is expected to take place soon, though a court challenge of Gorak's appointment could further delay it.
  • The Texas attorney general's office filed a request for a preliminary injunction to prevent school officials nationwide from having to either follow the Obama administration's directive on transgender bathrooms or lose Title IX funding. The Department of Education issued a “Dear Colleague Letter” earlier this year advising school officials that students should be permitted to use the bathroom that aligns with their gender identity or risk losing federal funding for noncompliance with gender discrimination provisions in Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964. Led by Texas A.G. Ken Paxton (R), agencies from 11 states filed a lawsuit against the federal government in May 2016 protesting its interpretation of the provisions to include transgender individuals; two more sitting governors have since joined the suit. The injunction would block the DOE's directive pending judgment; a decision is expected in early August.

Thursday, July 7

Friday, July 8

  • Filing deadline: Washington initiatives
    • Supporters submitted signatures for five potential initiatives in Washington.
      • The Minimum Wage Initiative would increase the state minimum wage to $13.50 by 2020.
      • The "Extreme Risk Protection" Initiative would authorize courts to issue extreme risk protection orders to remove an individual from access to firearms.
      • The Motion Picture Competitiveness Tax Credit Increase Initiative would increase the amount of tax credit an individual can claim under the motion picture competitiveness program from $1 million to $4 million.
      • The "Vulnerable Individual Protection" Initiative would increase criminal identity-theft penalties and expand civil liability for consumer fraud targeting seniors and vulnerable individuals. It would exempt certain information regarding vulnerable individuals and in-home caregivers from public disclosure.
      • The "Government Accountability Act" would create a campaign finance system allowing residents to direct state funds to qualifying candidates, repeal the non-resident sales-tax exemption, restrict employment of former public employees and lobbying, and revise campaign finance laws.
    • Supporters needed at least 246,372 signatures for their measures to qualify for the ballot. At least 33 Initiatives to the People were vying for spots on the November ballot. These potential measures dealt with issues such as marijuana regulation, tax rate limits, LGBT policy, and single-payer healthcare.
    • Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition. However, the secretary of state is not required to review any petition that "clearly bears insufficient signatures."
  • Former Alabama House Speaker Mike Hubbard (R) was sentenced to four years in prison and another eight years on probation for violating the state’s ethics law. He was also ordered to pay $210,000 in fines. On June 10, 2016, Hubbard was convicted on 12 felony violations and was automatically removed from office according to state law. He was found guilty of using his position as speaker for personal gain. He solicited consulting contracts and investments from a number of lobbyists and companies for his company Craftmaster Printing. Hubbard is appealing the conviction and is out on bond. A special election has been called for November 29, 2016, to fill the seat.

 

What’s On Tap Next Week

Monday, July 11

  • The 2016 RNC Platform Committee, co-chaired by Oklahoma Governor Mary Fallin, officially convenes. They are the 112-member body that will hammer out the details of the document and present it to the delegates of the 2016 Republican National Convention for approval. Some political observers expect that the platform and the Platform Committee will form the backdrops for an ideological struggle among the varying factions of the Republican Party.

Tuesday, July 12

    • State legislature: There are 11 state Senate and 41 state House seats up for election in 2016. Democrats have a five-seat majority in the Senate and a nine-seat majority in the House. A small number of legislative districts in Delaware have held competitive elections in recent years. That leaves Republicans hard-pressed to shift the scales of chamber control in a major way.

Wednesday, July 13

  • The 2016 RNC Rules Committee officially convenes in Cleveland. The Rules Committee crafts the rules that govern the Republican Party, including the rules that govern the proceedings of the Republican National Convention. Delegates who serve on the committee are elected at state conventions in the spring. Among those delegates are several current and former state legislators:

Thursday, July 14

  • Filing deadline: New York
    • State legislature: There are 63 state Senate and 150 state Assembly seats up for election in 2016. Democrats maintain a 62-seat majority in the House. Despite Democrats having a single-seat numerical majority in the Senate, the GOP controls the chamber through power-sharing agreements. New York’s governor, Andrew Cuomo, is a Democrat. Due to the complexities in the control over the Senate, the state is one of 20 states with divided government. The Senate is included in Ballotpedia’s list of legislature battlegrounds in 2016.

Friday, July 15

 

State government in session

Four states are in regular session:

  • MA, NJ, OH, PA.

Two states are in recess:

  • MI until 7/13/2016
  • CA until 8/1/2016

The following have adjourned their regular sessions:

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

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX.

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

State government special elections

As of this week, 41 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 nine (not including runoff elections) have been scheduled in 20 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).

Next week

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering 45 municipal elections across America's 100 largest cities by population, local judicial elections across all 39 states holding elections, 641 school board elections across America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
    • So far this year, Ballotpedia has covered 23 city elections, 21 states with local judicial elections, 172 school board elections, and elections for 162 local ballot measures in California.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Tuesday, July 5

  • The Chicago Tribune reported that Chicago Mayor Rahm Emanuel (D) has begun fundraising for another possible political campaign. Emanuel, who was first elected in 2011 and re-elected in 2015, will be up for a potential third term in 2019. His re-election campaign last year was closely contested and required a runoff election. He ultimately won the runoff with more than 56 percent of the vote. According to the report, Emanuel has raised $316,600 since the start of May, which mostly came from the $244,100 he raised in June. Several of his possible opponents in the 2019 race—including Cook County Board President Toni Preckwinkle, Cook County Sheriff Tom Dart, Cook County Commissioner Jesus “Chuy” Garcia, and Chicago City Treasurer Kurt Summers—also reported fundraising activity, but at a lower level than the mayor. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
  • In Ohio, Toledo Mayor Paula Hicks-Hudson (D) called on the city council to pass a resolution requesting the U.S. Congress to strengthen the Clean Water Act. This came in response to the spread of toxic algal blooms throughout Lake Erie, which negatively impact water quality. If passed, the resolution would ask the federal government to expand the Clean Water Act so that it includes regulatory powers over nonpoint sources of pollutants that cause harmful algal blooms, such as agriculture. The city council is expected to consider the resolution during next week’s sessions. Toledo is the fourth-largest city in Ohio and the 67th-largest city in the U.S. by population.

Wednesday, July 6

  • The New York City Campaign Finance Board rejected an ethics complaint against the nonprofit Campaign for One New York, which was associated with Mayor Bill de Blasio (D). The nonprofit, which stopped operations in March 2016 due to the investigation, had received millions of dollars in donations. This included hundreds of thousands of dollars received from individuals and organizations conducting business with the city government. Campaign for One New York advocated for several of Mayor de Blasio’s top policy proposals, such as his universal prekindergarten program. The mayor raised money for the nonprofit, and it was led by members of his mayoral campaign from 2013. Mayor de Blasio will be up for re-election in November 2017. New York City is the largest city in the U.S. by population.
    • New York City Campaign Finance Board Chairwoman Rose Gill Hearn acknowledged that the donations to Campaign for One New York raised “serious policy and perception issues.” Although the board did not concur with the ethics complaint, it indicated that its investigation would have pursued the matter differently if it were an election year for the city. The board's investigation revealed that less than 5 percent of the nonprofit's donations would have been permitted according to New York City campaign finance laws for political candidates. Chairwoman Hearn stated, “The board will not allow candidates to sidestep contribution and expenditure limits by outsourcing essential campaign activities to these coordinated organizations.” Following the investigation, she called for new regulations on nonprofit fundraising. Campaign for One New York was able to receive unlimited donations from any donor, whereas a mayoral campaign may receive only $4,950 from a single contributor. The contribution limit drops down to $400 for donors with financial interests associated with the city government. In response to the board’s announcement, a spokesman for the mayor stated, “He looks forward to continuing the work to help get big money out of politics.”
    • Several federal, state, and local investigations connected to Mayor de Blasio or Campaign for One New York are still underway. Some of the investigations stem from the mayor's fundraising efforts for Democratic candidates to the New York State Senate in 2014, as well as his affiliation with an animal-rights group, Nyclass, which criticized Christine Quinn, his top opponent in the mayoral primary election in 2013. Another investigation involves businessman Jona Rechnitz, who fundraised for the mayor’s campaign in 2013. Rechnitz pleaded guilty to federal corruption charges for bribing police officials in return for government favors.
  • A group of three professors from the University of Texas at Austin filed a lawsuit against both the state government and the university in response to a new campus carry law. The law, which is scheduled to go into effect on August 1, 2016, allows concealed carry license holders to bring handguns into certain public buildings, including university classrooms. The lawsuit alleges that this violates the First, Second, and Fourteenth Amendments to the U.S. Constitution. The professors claim that their inability to set restrictions on firearm possession in the classroom restricts their First Amendment right to academic freedom. In addition, they contend that the presence of firearms during class discussions could intimidate students away from using their First Amendment right to free speech. They allege that it violates the Second Amendment on the basis that the concealed carry of firearms on campuses would not be “well-regulated” by the new law. The professors are requesting a federal court injunction to halt the law’s implementation. A university spokesman acknowledged the lawsuit but did not comment on it. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
    • Texas Attorney General Ken Paxton (R) issued a statement criticizing the lawsuit as "baseless" and pledging to defend the state's campus carry law. He wrote, “Adults who are licensed by the State to carry a handgun anywhere in Texas do not suddenly become a menace to society when they set foot on campus. The right to keep and bear arms is guaranteed for all Americans, including college students, and must be vigilantly protected and preserved.”
  • Two members of the San Francisco Board of Supervisors—David Campos in District 9 and Malia Cohen in District 10—battled over a possible ballot measure promoted by Campos to create an Office of Public Advocate for the city. The new official would be charged with ensuring government accountability and handling the appointments to the Office of Citizen Complaints and the Office of Labor Standards and Enforcements. SFGate stated that Campos has received public criticism for attempting to restrict the powers of Mayor Edwin Lee (D) with the new office and for positioning himself to serve in the office if it is created. Cohen proposed several amendments to the ballot measure, including adding a two-term limit for the new office and instituting a four-year waiting period for former elected officials before they could run for the position. At a board meeting, Campos criticized Cohen for her "attempt to protect the power of Ed Lee" and added, "At the end of the day, it will be up to the voters to decide if this corrupt act by someone who is clearly corrupted will go forward." In response, Cohen stated, “What’s important to point out is Supervisor Campos’ true intentions on why he is interested in the position. [...] I’m not interested in seeing elected officials go from one position to another position. He wants to have appointing power over departments? That’s corrupt. That’s a power grab. He’s the corrupt one.” Following the meeting, the two supervisors continued to criticize one another via Twitter.
    • Both Cohen and Campos are in their second and final terms on the board, since it has a two-term limit. Supervisor Campos was first elected in 2008 and re-elected in 2012, whereas Supervisor Cohen was first elected in 2010 and re-elected in 2014. Six of the 11 seats on the board of supervisors, including the District 9 seat, will be up for general election on November 8, 2016. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

Thursday, July 7

  • Catholic League President Bill Donohue issued a statement criticizing Philadelphia Mayor James Kenney (D) for "an abuse of his office." On July 6, 2016, Kenney posted a tweet responding to Philadelphia Archbishop Charles Chaput’s guidelines on who could receive communion. These guidelines restrict several groups from communion, including “divorced Catholics who remarry outside the church and remain sexually active, sexually active gays, and cohabiting unmarried couples.” Mayor Kenney’s tweet indicated his belief that all people should be permitted to receive communion, and he stated that Archbishop Chaput’s “actions are not Christian.” Donohue claimed that Kenney was “demonstrably un-American in misusing his public office to conduct his personal war on the Catholic Church.” He added that the guidelines are an “internal church matter.” Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
  • Charles Pugh, former president of the Detroit City Council, was extradited to Michigan on six counts of criminal sexual misconduct. He was arrested in New York City on June 23, 2016. The charges were made regarding his alleged molestation of a 14-year-old student from 2003 to 2004. Wayne County Prosecutor Kym Worthy called on June 22, 2016, for Pugh to face arrest and criminal charges. Pugh served as city council president from 2010 to 2013 after being elected as the city’s first openly gay public official in 2009. Pugh had reportedly lived and worked as a restaurant waiter since leaving Detroit in 2013. According to the Detroit Free Press, he “fled Detroit in the middle of the night” once the news broke regarding a different relationship with a 17-year-old student in 2012. The 17-year-old student sued Pugh and the school district and won a $250,000 jury verdict against Pugh and $350,000 from the district in November 2015. Detroit is the largest city in Michigan and the 18th-largest city in the U.S. by population.
    • Three of the six counts against Pugh are first-degree charges, and the other three counts are third-degree charges. The maximum possible penalty of the first-degree charges is life in prison, and the maximum penalty for the third-degree charges is 15 years in prison.

Friday, July 8

  • In California, the Orange County Registrar of Voters began to review petition signatures for the recall effort against Yorba Linda Water District board members Gary Melton and Robert Kiley. If enough signatures are deemed valid, the recall will be added to the general election ballot on November 8, 2016. The recall effort was initiated in March 2016. The effort was launched because of the board's decision to raise rates by 380 percent over five years. Eddy Jackson of the Yorba Linda Taxpayers Association served the recall papers to Melton and Kiley during the water board’s meeting on March 10, 2016. Jackson said the board used a "deceptive campaign that leveraged California's water crisis as a means to excessively increase water rates.”
    • Two other members of the five-person board, Ric Collett and Mike Beverage, are up for re-election in 2016. If the recall proponents are successful in getting the recalls on the general election ballot in November 2016, voters will be able to elect a new board majority. The board voted 5-0 to increase water rates.

 

What’s On Tap Next Week

Tuesday, July 12

  • FILING DEADLINE: Deadline to run for 10 school board seats in six of Arkansas’ largest school districts. One of seven school board seats is up for election in Springdale Public Schools, which is the second-largest district in the state. It served 21,369 students during the 2013-2014 school year. The general election will be held on September 20, 2016. If no candidate wins the majority of votes cast in a given election, the top two vote recipients will advance to a runoff election on October 11, 2016.

Wednesday, July 13

Thursday, July 14

  • FILING DEADLINE: Deadline to run for local court judgeships in the state of New York. The primary election will be held on September 13, 2016, and the general election will be on November 8, 2016.

Friday, July 15

  • FILING DEADLINE: Deadline to run for 88 school board seats in 22 of South Carolina’s largest school districts. Six of 12 school board seats are up for election in the Greenville County School District, which is the largest district in the state. It served 74,475 students during the 2013-2014 school year. The general election will be held on November 8, 2016.

 

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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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