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The Tap: First of 21 proposed marijuana measures makes CA ballot
July 2, 2016Issue No. 23

The week in review: June 25 - July 1
What's on Tap next week: July 2- July 8
Navigate The Tap by clicking the tabs below:
Federal
What's on tap?
On June 27, 2016, the U.S. Supreme Court concluded its 2015 term. While this term will most likely be remembered for the passing of Justice Antonin Scalia and the political battle waged to find his successor, the court continued its work, issuing major decisions in areas such as reproductive rights, voting rights, and affirmative action. Ballotpedia kept track of the cases, and we compiled it all into our “Supreme Court End of Term Review.” With data on arguments by month and by justice, it’s a must-read for all statistic-loving SCOTUS followers.
In Case You Missed It
Ballotpedia partnered with Evolving Strategies and surveyed voters across seven states (June 10 – 22) regarding their vote preference. We tested six election scenarios. In one set, we matched Hillary Clinton (D) in a series of two-way contests with Donald Trump (R), Ohio Governor John Kasich (R), and House Speaker Paul Ryan (R). In the second set, we matched these same candidates in a series of three-way contests that also included former Governor Gary Johnson. In all seven states, Clinton polled higher than Trump. The tightest battleground race between the two front-runners was in Iowa, where Clinton leads Trump by a weighted 4 percentage points. Clinton saw the largest lead in Michigan, where she leads Trump by a weighted 17 percentage points. Comparatively, John Kasich polls ahead of Clinton in five of the seven states, and Paul Ryan polls ahead of Clinton in three states.
Federal
The Week in Review
Saturday, June 25
- A final draft of the Democratic Party platform was approved by the Platform Drafting Committee. It includes calls to raise the minimum wage to $15, abolish the death penalty, more strictly regulate Wall Street, establish a multi-millionaire surtax, and review existing trade agreements such as the Trans-Pacific Partnership. According to J Street’s Jeremy Ben-Ami, the draft also features language on the Israeli-Palestinian conflict that gives “parallel acknowledgment of Israeli and Palestinian rights.”
- Bernie Sanders said the following day that he would continue to push for more progressive policies, including a carbon tax and fracking ban, in the platform. “We lost some very important fights. We're going to take that fight to Orlando, where the entire committee meets in two weeks. And if we don't succeed there, then we'll certainly take it to the floor of the Democratic convention,” he pledged.
Sunday, June 26
- Symone Sanders, Bernie Sanders’ national press secretary, parted ways with the Sanders campaign. “I just believe my time with the campaign has come to an end,” she said.
- The New York Times reported that Donald Trump will not permit former presidential rivals U.S. Sen. Ted Cruz (R-Texas) and Ohio Gov. John Kasich (R) to speak at the Republican National Convention if they do not endorse him.
Monday, June 27
- In their first campaign event together, Hillary Clinton and Sen. Elizabeth Warren (D-Mass.) joined forces to criticize Donald Trump in Cincinnati, Ohio. Clinton said, “Trump suits were made in Mexico. Trump furniture is made in Turkey, instead of Cleveland. Trump barware is made in Slovenia, instead of Toledo.” Warren added, “Donald Trump says he’ll make America great again. I ask, for who exactly? For families that don’t fly to Scotland to play golf?” According to The New York Times, appearing with Clinton “was a moment for her [Warren] to elevate her profile as the liberal voice of the party and a favorite to be vice president. For Mrs. Clinton, it was a chance to woo the party’s liberal wing and convince economically hard-hit voters that she, too, is a populist champion running for president to improve their lives.”
- Although Donald Trump previously called “for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on” after the December 2015 shootings in San Bernardino, California, carried out by two individuals who “expressed allegiance to ISIS leader Abu Bakr al-Baghdadi,” Trump spokeswoman Hope Hicks “said he no longer supports his original ban and only wants to limit immigration from countries with extremist elements,” The Associated Press reported.
- The Democratic members of the House Select Committee on Benghazi released their version of the investigation into the September 11, 2012, terrorist attack in Benghazi, Libya, that killed Ambassador Christopher Stevens, IT expert Sean Smith, and former U.S. Navy SEALs Glen Doherty and Tyrone Woods. The report concludes that there was nothing that the Obama administration could have done to prevent the attack or save the Americans who were killed. In addition, “[t]he report concludes that State Department security measures in Benghazi were ‘woefully inadequate’ but that Clinton never personally denied any requests for additional security in Benghazi. It denies the intelligence community was influenced by politics in its response to the attacks and that its evolving explanations on its causes were the result of evolving information in fast changing circumstances, not meddling by administration officials.”
- The Foundation for Accountability and Civic Trust (FACT), “a conservative-leaning ethics watchdog group,” filed a complaint with the House Office of Congressional Ethics against Reps. Jared Huffman (D-Calif.) and Ben Ray Lujan (D-N.M.) for sending fundraising emails during last week’s sit-in staged by Democrats who were demanding votes on gun control legislation. The House ethics manual states: "The House buildings, and House rooms and offices – including district offices – are supported with official funds and hence are considered official resources. Accordingly, as a general rule, they may not be used for the conduct of campaign or political activities. Thus, for example, a Member may not film a campaign commercial or have campaign photos taken in a congressional office." Huffman and Lujan “sent campaign emails during the sit-in featuring images of them engaged in the protest on the House floor. Lujan's appeal specifically requested a donation; Huffman provided a link to a signup for his campaign website.” Rep. Jan Schkowsky (D-Ill.) also violated House rules by sending a fundraising email during the sit-in, but she is not named in the FACT complaint. FACT also argues that Democrats violated House rules by fundraising off of a specific legislative act. Drew Hammill, a spokesman for House Minority Leader Nancy Pelosi (D-Calif.), called the complaint "ridiculous and without merit."
- On a recorded 90-0 vote, the U.S. Senate confirmed Robert F. Rossiter, Jr., as a federal judge to the U.S. District Court for the District of Nebraska. The confirmation filled the only remaining vacancy on this court.
- For more information, read Ballotpedia’s Federal Vacancy Warning System
- The U.S. Supreme Court issued its final opinions for this term in three argued cases:
- In Voisine v. United States, a six-justice majority of the court affirmed the judgment of the First Circuit in holding that federal law prohibits an individual from possessing a firearm if he or she is convicted of misdemeanor reckless domestic assault. During oral argument in Voisine, Justice Clarence Thomas asked his first question from the bench in 10 years.
- In Whole Woman’s Health v. Hellerstedt, a five-justice majority reversed the judgment of the Fifth Circuit and sent the case back (remanded) for additional proceedings. The Supreme Court reviewed provisions in Texas law mandating (a) that physicians who perform abortions must have privileges to admit patients at a hospital within 30 miles of a facility in which abortions are performed, and (b) that abortion facilities must meet minimum standards under Texas law parallel to those of an ambulatory surgical center (ASC). Under Texas regulations, “an ASC must provide surgical services as its primary service. ASCs do not provide overnight or inpatient care. Care is provided on an outpatient basis.” The Supreme Court concluded that “neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access, … and each violates the Federal Constitution.”
- In McDonnell v. United States, a unanimous court reversed a 2015 judgment by the Fourth Circuit Court of Appeals, which had upheld the conviction of former Virginia Governor Bob McDonnell (R) on bribery charges. The Supreme Court elucidated the meaning of what constitutes "official action" by government officials under federal bribery statutes, a term upon which the prosecution had relied heavily during McDonnell’s 2014 trial. The court rejected the current definition, opting for a “more bounded interpretation.” After clarifying the law, the court vacated McDonnell’s conviction and remanded the case back to the Fourth Circuit to address whether there is sufficient evidence to retry McDonnell in light of the Supreme Court's elucidation of the statute.
- For more information: read Ballotpedia’s end of term review, 2015
Tuesday, June 28
- The House Select Committee on Benghazi released its final 800-page report on the investigation into the 2012 terrorist attack in Benghazi, Libya, that resulted in the death of four Americans. The report concluded that President Barack Obama, then-Secretary of Defense Leon Panetta, and then-Secretary of State Hillary Clinton, among others, failed to provide proper military support and protection to the Americans serving in Benghazi.
- The report also criticized “both Clinton’s use of a private email account and what it called the administration’s ‘shameful’ stonewalling of the investigation,” according to Politico. The report stated, “What may appear at first blush to be a lack of competence on behalf of the State Department now appears fully intentional and coordinated. Delaying the production of documents sought by letter, informal request or subpoena has decided political advantages for those opposing the investigation.”
- Clinton campaign spokesman Brian Fallon released the following statement condemning the report: "The Republicans on the House Benghazi Committee are finishing their work in the same, partisan way that we've seen from them since the beginning. In refusing to issue its report on a bipartisan basis, the Committee is breaking from the precedent set by other Congressional inquiries into the Benghazi attacks. … After more than two years and more than $7 million in taxpayer funds, the Committee report has not found anything to contradict the conclusions of the multiple, earlier investigations.”
- In a prepared speech on American economic independence, Donald Trump discussed how he would change America’s “failed trade policy” by rejecting the Trans-Pacific Partnership trade deal, appointing the best trade negotiators, renegotiating and potentially withdrawing from the North American Free Trade Agreement (NAFTA), and labeling China a currency manipulator. Trump warned his supporters that “Hillary Clinton, and her campaign of fear, will try to spread the lie that these actions will start a trade war. She has it completely backwards. Hillary Clinton unleashed a trade war against the American worker when she supported one terrible trade deal after another – from NAFTA to China to South Korea. A Trump Administration will end that war by getting a fair deal for the American people. The era of economic surrender will finally be over. A new era of prosperity will finally begin. America will be independent once more.”
- NBC News reported that Hillary Clinton and pro-Clinton groups have outspent Donald Trump and pro-Trump groups on battleground ads this month, $26 million to $0. The pro-Clinton ad reservations were made in eight states: Colorado, Florida, Iowa, North Carolina, New Hampshire, Nevada, Ohio, and Virginia. Trump's main super PAC, Rebuilding America Now, did spend $1.2 million on advertising, but those ad buys were for national cable broadcasting.
- The Trump campaign announced three staff hires:
- Jason Miller joined the campaign as a senior communications advisor. Miller previously worked as a communications advisor for Ted Cruz’s presidential campaign; he also spent time on Rudy Giuliani’s 2008 presidential campaign as well on the Senate campaigns of Tom Coburn (2004), Mel Martinez (2006), George Allen (2006), and Mark Sanford (2013). According to Bloomberg, Miller will "take the lead role over the Trump campaign’s message and interactions with the news media," duties that were formerly performed solely by Trump’s press secretary, Hope Hicks.
- Michael Abboud, who previously worked in the communications department for the Republican National Committee, joined the campaign as a communications coordinator. Abboud will be in charge of daily messaging and rapid response.
- Alan Cobb, who has been with the campaign since before Trump announced his candidacy, was promoted to director of coalitions. Cobb previously worked as the deputy state director in Kansas for Bob Dole’s 1996 presidential campaign and spent eight years working for Americans for Prosperity in that state.
- The Tampa Bay Times reported that Clint Reed, who served as Marco Rubio’s Iowa state director during Rubio’s presidential campaign, would serve as Rubio’s campaign manager in his U.S. Senate re-election effort. Reed is joined by other Rubio presidential campaign veterans, including communications consultant Alex Conant and media consultant Todd Harris. Rubio will also have the support of a super PAC, Florida First Project, which will be directed by J. Warren Tompkins.
- Politico reported that Donald Trump’s presidential campaign had hired former Rand Paul digital director Vincent Harris. The campaign later clarified that Harris had been hired for contract work but was not part of the campaign staff. Harris told Breitbart News, “All I know and all I’m going to say is we’ve been hired to do project work–we’ve been doing a good job at the work we’ve been doing and we hope to keep working with the campaign. That’s all. There really isn’t anything here.” The next day, Harris explained on Twitter that he had been hired for contract work and that the work had been completed in June 2016. He went on to say, "Harris Media was engaged as subcontractor to do various project work for Trump’s digital agency of record. Nothing more or less."
- The United States Supreme Court agreed to hear McCrory v. Harris, a redistricting case originating in North Carolina. Although the state's congressional district map was adopted in 2011, it has since been the source of ongoing controversy and litigation. In February 2016, a federal district court ruled that two of North Carolina's congressional districts constituted an illegal racial gerrymander. The court found that state lawmakers had placed disproportionately large numbers of black voters in these two districts, thereby diluting the impact of their votes. The district court ordered lawmakers to draft a new map within two weeks. The General Assembly of North Carolina, which is controlled by Republicans, approved a new map on February 19, 2016; the legislature also approved a bill delaying North Carolina's congressional primary to June 7. Both bills passed along largely partisan lines, with Democrats voting against the bills and Republicans voting in favor of them. In the meantime, state officials appealed the decision to the United States Supreme Court and petitioned the high court for a stay of the lower court's ruling. Although a stay was not granted, the appeal will be heard by the high court in the coming term.
- The U.S. Senate Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining held an oversight hearing on federal plans aimed at protecting the sage grouse, a ground-dwelling bird that inhabits 11 Western states. In 2015, the U.S. Fish and Wildlife Service declined to list the sage grouse as an endangered species, promising federal conservation plans aimed at protecting the species. Republicans on the committee were critical of the U.S. Department of the Interior’s approach to working with state governments, which have implemented their own plans to protect the species over the past several years. Sen. Steve Daines (R-Mont.) said federal conservation plans so far constitute “one-size-fits-none” plans that do not take into account the varying needs of each state. Sen. Mike Lee (R-Utah) criticized the federal government’s disregard for the suggestions of state governments in formulating federal conservation plans. Sen. John Barrasso (R-Wyo.) criticized the Interior Department’s delay in creating final agency plans for the species. An Interior Department official defended the department’s actions, citing the federal government’s continual work with state governments to finalize conservation plans. The official stated that federal conservation plans are not one-size-fits-all plans but are being formulated with each state’s needs in mind.
- Colorado held congressional primaries.
- The U.S. Senate seat currently held by Michael Bennet (D) is up for election in 2016. Bennet faced no primary challenger. Darryl Glenn defeated four other Republican challengers to win the primary. The general election contest is currently rated as a race to watch.
- Colorado has seven U.S. House districts. The Republican Party currently holds four seats to the Democratic Party’s three seats.
- All seven House incumbents are seeking re-election in 2016. Those who faced a primary challenger easily advanced to the general election.
- In Colorado’s 5th District Democratic primary, Misty Plowright defeated Donald Martinez in the Democratic primary. Plowright’s win makes her one of the first two transgender people to win the Democratic nomination for a federal office. The other occurred in Utah’s Senate race on the same night. Plowright will face incumbent Doug Lamborn (R) in the general election. The race is rated safely Republican.
- Colorado’s 6th District is a battleground in 2016. Incumbent Mike Coffman (R) is seeking re-election and will face state Sen. Morgan Carroll (D) in November. Neither candidate faced a primary opponent.
- New York held congressional primaries.
- The U.S. Senate seat currently held by Chuck Schumer (D) is up for election in 2016. Schumer will face Wendy Long (R) in the general election. Neither candidate faced a primary challenger. The race is rated safely Democratic.
- New York has 27 U.S. House districts. The Democratic Party currently holds 18 seats to the Republican Party’s nine seats.
- Of the 27 incumbents, 23 are seeking re-election in 2016. Only five incumbents (21.7 percent) faced a primary challenger on Tuesday. Those incumbents all advanced to the general election.
- New York has five U.S. House battleground districts, more than any other state. They are Districts 1, 3, 18, 19, and 22. Districts 3, 19, and 22 are open seats.
- In District 1, the Democratic primary remains too close to call at this time. With 100 percent reporting, Anna Throne-Holst led Dave Calone by 29 votes. Absentee ballots are still being counted. Should the race remain this close, a recount will likely follow. The winner of the Democratic primary will face incumbent Lee Zeldin (R) in the general election.
- In District 3, Tom Suozzi defeated four other Democrats to win the primary. He will face Jack Martins (R) in the general election.
- In District 18, Phil Oliva defeated Kenneth Del Vecchio in the Republican primary. Oliva will face incumbent Sean Maloney (D) in the general election.
- In District 19, Zephyr Teachout defeated Will Yandik in the Democratic primary, and John Faso defeated Andrew Heaney to win the Republican nomination.
- In District 22, Claudia Tenney won the Republican primary. She will face Kim Myers (D) in the general election.
- Oklahoma held congressional primaries.
- The U.S. Senate seat currently held by James Lankford (R) is up for election in 2016. Lankford will face Mike Workman (D) in the general election. Neither candidate faced a primary opponent. The race is rated safely Republican.
- Oklahoma has five U.S. House districts. The Republican Party currently holds all five seats, and all five races are rated safely Republican in November.
- All five incumbents are seeking re-election in 2016, and each defeated at least one primary challenger to advance to the general election on Tuesday.
- Utah held congressional primaries.
- The U.S. Senate seat currently held by Mike Lee (R) is up for election in 2016. Lee faced no primary challenger. Misty Snow defeated Jonathan Swinton to win the Democratic primary. Snow’s win makes her one of the first two transgender people to win the Democratic nomination for a federal office. The other occurred in Colorado’s 5th District. The general election contest is rated safely Republican.
- Utah has four U.S. House districts. The Republican Party currently holds all four seats.
- All four incumbents are seeking re-election in 2016, but only one, Jason Chaffetz, faced a primary challenger. Chaffetz easily defeated Chia-Chi Teng in the Republican primary.
- Utah’s 4th District is a race to watch in 2016. Incumbent Mia Love (R) is seeking re-election and will face Doug Owens (D) in a rematch of the 2014 election. Neither candidate faced a primary opponent.
Wednesday, June 29
- Nate Silver, the founder and editor in chief of FiveThirtyEight, predicted that Hillary Clinton has a 79 percent chance of winning the presidential election, while Donald Trump has a 20 percent chance. Silver said, "We're at halftime of the election right now. She's taking a 7-point, maybe a 10-point lead into halftime. There's a lot of football left to be played. She's ahead in almost every poll, every swing state, every national poll. … Trump has never been ahead of Clinton in the general election campaign. He did a great job of appealing to the 40 percent of the GOP he had to win the election, the primary — a lot different than winning 51 percent of 100 percent.”
- Michael Biundo, a New Hampshire-based political strategist, joined Donald Trump’s campaign as a senior advisor. According to WMUR, Biundo “will be working with Trump national political director Jim Murphy to build campaign teams and organize grassroots efforts in states across the country, with special emphasis on New Hampshire.” Previously in the 2016 election cycle, Biundo was a strategist for Rand Paul and spent time as a delegate selection advisor for John Kasich.
- Citing Ballotpedia’s battleground poll, John Weaver—chief strategist for John Kasich’s presidential campaign—sent a fundraising email highlighting the poll’s finding about Kasich. His email read, in part, “This data is just further proof that Gov. Kasich is the most popular Republican politician in the nation today, and it underlines why his efforts to help our U.S. Senate and House candidates are so very important.”
- The Campaign Legal Center and Democracy 21 filed a joint complaint to the FEC against Donald Trump’s presidential campaign. The complaint focuses on emails that the Trump campaign sent to foreign nationals, alleging that Trump violated federal finance laws “by emailing solicitations to foreign nationals in Iceland, Scotland, Britain and Australia requesting that they make contributions to the Trump presidential campaign.”
- In an op-ed for The Concord Monitor, Hillary Clinton argued that New Hampshire’s Executive Council should vote to fund Planned Parenthood and promised that as president she would “make sure that a woman’s right to make her own health decisions remains as permanent as all of the other values we hold dear.” She wrote that she will always fund and support Planned Parenthood, “fight to protect access to safe and legal abortion,” and “support comprehensive, inclusive sex education.” She also criticized Donald Trump’s stance on women’s healthcare, writing, “Donald Trump doesn’t think much about women’s health at all. But when pressed, he’s said that women ought to face ‘some form of punishment’ for having an abortion. He’s already released a list of the right-wing judges he’d consider for the Supreme Court – many of whom are committed to overturning Roe v. Wade. And he’s pledged to defund Planned Parenthood – an effort that would effectively try to spread the Executive Council’s actions to all 50 states.”
- President Obama nominated Jason D. Tulley to be an associate judge of the Superior Court of the District of Columbia. This nomination would fill the seat vacated by Judge Judith Macaluso, who retired from judicial service. The court hears criminal and civil trials in Washington, D.C. Judges on the court are appointed to 15-year terms. Tulley’s nomination will proceed to the U.S. Senate Committee on Homeland Security and Governmental Affairs, which has jurisdiction over municipal affairs in the District of Columbia.
- A group of Bernie Sanders’ supporters filed a lawsuit against the Democratic National Committee (DNC) and DNC Chair Debbie Wasserman Schultz (D-Fla.) “for fraud, negligence, misrepresentation, and other claims,” according to The New Times Broward-Palm Beach. The plaintiffs wrote that an alleged internal DNC document released this month by a hacker demonstrated that the DNC’s goals in 2015 were “to frame the Republican field and the eventual nominee early and to provide a contrast between the GOP field and [Hillary Clinton]. … Despite there being every indication that the 2016 Democratic primary would be contested by multiple candidates, including Sanders, the DNC Memo makes no mention of any Democratic candidate except Clinton, and builds the DNC's election strategy on the assumption that Clinton will be the nominee, with no doubts attached.”
- During the 2016 North American Leaders’ Summit, also known as the "Three Amigos" summit, President Barack Obama, Canadian Prime Minister Justin Trudeau, and Mexican President Enrique Peña Nieto announced initiatives that will help the United States, Canada, and Mexico increase economic competitiveness, protect the environment, enhance cooperation between the three nations, and strengthen security and defense. Regarding energy and the environment, the three presidents pledged to have 50 percent of their countries’ electricity come from clean power sources by 2025. Clean power sources include nuclear power, hydroelectric power, solar power, and wind power. Mexico will have the most difficult time meeting this goal, as it had the lowest percentage of electricity generated by renewable sources of these countries. Canada has already met this goal. Meanwhile, in the United States, 13 percent of electricity was generated from renewable sources in 2015. In 2014, the United States ranked second in the world in terms of its capacity to generate electricity from renewable sources, while Canada ranked fifth in the world. Each of the initiatives can be viewed here.
- President Barack Obama called Turkish President Recep Tayyip Erdogan to express his condolences for the terror attack that occurred at Istanbul's main airport, which left at least 41 people dead and more than 270 wounded. Obama said, "Let me just publicly extend my deepest condolences to the people of Turkey for the terrible attack that took place in Istanbul.” Obama called Erdogan "to discuss with him not only how heartbroken we have been by the images of the injured and those killed, but also to reaffirm our strong commitment to partner with Turkey, with NATO, with the broad-based alliance that we have structured around the world to fight [ISIS]. We stand with the people of Turkey and we intend to do what's necessary to ensure these kinds of terrible events are not happening."
- Central Intelligence Agency Director John Brennan said that the terror attack "bears the hallmarks of ISIL's depravity." According to The Hill, “Brennan said it is not surprising that ISIS has not claimed credit or responsibility for the attacks yet, adding that the group can send a signal while not alienating those inside of Turkey it might be trying to attract.”
- FILING DEADLINE: Rhode Island congressional filing deadline
- There is no U.S. Senate race in Rhode Island in 2016.
- Rhode Island has two U.S. House districts. Both are currently held by the Democratic Party and rated safely Democratic in the general election.
- Both incumbents are seeking re-election in 2016. They will each face at least one primary challenger.
Thursday, June 30
- As conservative groups such as Free the Delegates, Delegates Unbound, and Courageous Conservatives continue in their efforts to unbind the delegates to the Republican National Convention in an attempt—at least on the part of Free the Delegates and Courageous Conservatives—to prevent Donald Trump from securing the Republican nomination, new roadblocks have begun to appear. MSNBC obtained a copy of a proposed amendment written by Solomon Yue, a member of the convention Rules Committee from Oregon, that, if approved, would prohibit any rules changes made at the convention from taking effect until after the convention’s conclusion. Consequently, if the movement to unbind the delegates succeeded in passing a rules change such as a conscience amendment (which would allow delegates to vote for a candidate other than the one to whom they are bound if such a vote violated their conscience), Yue’s amendment could delay its implementation until the 2020 convention. On the other hand, Yue’s proposal would do little to hinder the efforts of some conservatives—such as the group Delegates Unbound—who believe that, under the party’s current rules, the delegates are in fact already free to vote their conscience at the convention.
- The proposed amendment from Solomon Yue is only the latest reported obstacle that the movement to unbind the delegates could face in Cleveland. Last week, Politico published a survey of 32 Rules Committee members, which found that 25 of them were opposed to any changes that could threaten Trump’s nomination. The article noted that 33 other members have made public statements supporting Trump and/or opposing potential changes to the rules. There are a total of 112 members on the committee.
- See also: RNC Rules Committee, 2016
- U.S. Secretary of Defense Ash Carter “announced that transgender individuals will now be able to openly serve in the U.S. armed forces.” The new policy “establishes a construct by which service members may transition gender while serving, sets standards for medical care and outlines responsibilities for military services and commanders to develop and implement guidance, training and specific policies in the near and long-term,” according to a press release. Carter said, “This is the right thing to do for our people and for the force. We’re talking about talented Americans who are serving with distinction or who want the opportunity to serve. We can’t allow barriers unrelated to a person’s qualifications prevent us from recruiting and retaining those who can best accomplish the mission."
Friday, July 1
- U.S. Attorney General Loretta E. Lynch announced that she “will follow whatever recommendation the FBI and prosecutors make on whether to charge Hillary Clinton in connection to an email probe.” The announcement was a response to Lynch’s meeting with former President Bill Clinton at an airport in Phoenix on Monday. Lynch said, "Certainly, my meeting with him raises questions and concerns. It has now cast a shadow over how this case may be perceived, no matter how it's resolved. ... [But] it's important to make it clear that that meeting with President Clinton does not have a bearing on how this matter is going to be reviewed, resolved and accepted by me." The FBI is investigating how Clinton and her aides handled classified information while Clinton served as secretary of state.
- The Daily Caller reported that Hillary Clinton is scheduled to meet with the FBI on Saturday, according to “a source close to the investigation into her private email server.” The source added that “the interview may take place at her Washington, D.C. home.”
Bills & Amendments
This week on Capitol Hill, the Senate failed to pass legislation with the purpose of fighting Zika, a mosquito-borne virus that can cause paralysis and severe birth defects. Senate Democrats and Republicans were able to come together to pass a debt relief plan for Puerto Rico, and President Barack Obama quickly signed off on the plan. The House was not in session this week, but they will return to the Hill on Tuesday to take up gun control legislation.
Tuesday, June 28
- Key vote: The Senate rejected legislation that proposed providing $1.1 billion to fight Zika, a mosquito-borne virus that can cause paralysis and severe birth defects, by a vote of 52-48. Sixty votes were needed to move forward with the legislation. Democrats opposed the legislation because it would have denied new funding to Planned Parenthood clinics in Puerto Rico for birth control, and it would have eased the requirements on spraying pesticides to kill mosquitoes. The House passed the legislation on June 23, 2016.
Wednesday, June 29
- Key vote: The Senate passed S 2328—the Puerto Rico Oversight, Management, and Economic Stability Act or PROMESA—by a vote of 68-30. The legislation proposed a plan to help Puerto Rico address its debt crisis “by establishing an oversight board, a process for restructuring debt, and expedited procedures for approving critical infrastructure projects.” It passed the House on June 9, 2016.
- President Barack Obama praised Congress for passing the legislation in the following statement: “I commend Democrats and Republicans in the Senate for voting to address the economic crisis in Puerto Rico, providing the support it needs to restructure its debt, safeguard vital public services, and provide protection to public pensions. This bill is not perfect, but it is a critical first step toward economic recovery and restored hope for millions of Americans who call Puerto Rico home. I look forward to signing the bill into law, and remain committed to working with Congress and the people of Puerto Rico to return to lasting economic growth and opportunity.”
Thursday, June 30
- President Barack Obama signed the following into law:
- Key law: S 2328 - Puerto Rico Oversight, Management, and Economic Stability Act or PROMESA. The bill laid out a plan to help Puerto Rico address its debt crisis “by establishing an oversight board, a process for restructuring debt, and expedited procedures for approving critical infrastructure projects.”
- Key law: S 337 - FOIA Improvement Act of 2016. The law amends the Freedom of Information Act (FOIA) by “requiring Federal agencies to make certain records available for public inspection in an electronic format; and requiring the Office of Management and Budget, in consultation with the Attorney General, to ensure the operation of an online portal that would allow FOIA requests to be submitted to any Federal agency through a single website.”
- HR 3209 - Recovering Missing Children Act
- S 2133 - Fraud Reduction and Data Analytics Act of 2015
- S 2487 - Female Veteran Suicide Prevention Act
Congress is IN session | SCOTUS is NOT in session |
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The U.S. Senate will be in session Wednesday-Friday next week. The U.S. House will be in session Tuesday-Friday. | The Supreme Court is in recess until Monday, October 3. |
What’s On Tap Next Week
Tuesday, July 5
- Neil Wake, a judge on the U.S. District Court for the District of Arizona, will attain senior status on the court. Judge Wake’s elevation will create a vacancy on the court. As a federal judicial position covered under Article III of the U.S. Constitution, the vacancy must be filled by a nomination from the president with confirmation subject to the advice and consent of the U.S. Senate.
Wednesday, July 6
- The U.S. Senate is scheduled to consider the nomination of Brian R. Martinotti to serve as a federal judge for the U.S. District Court for the District of New Jersey. The court currently has three vacancies.
Where was the president last week? | Federal judiciary |
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President Barack Obama traveled to Ottawa, Canada, on Wednesday to participate in the North American Leaders' Summit, where he met with Canadian Prime Minister Justin Trudeau and Mexican President Enrique Peña Nieto. |
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Back to top for State, Local, and fact checks updates
State and Local
What's on tap?
So far, 99 state initiatives are certified to appear on ballots in 34 states this November. One of the latest to be approved, a marijuana-related measure from California, tops our highlight list this week. This measure is just one of 21 marijuana-related measures proposed and circulated in California this year, and it is the first of these measures to be certified for the ballot. Read more below.
Highlights
State
On Tuesday, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act, was certified for the November ballot. The measure would legalize marijuana and hemp under state law and would enact certain sales and cultivation taxes. The secretary of state verified 423,933 of the approximately 600,000 signatures submitted by supporters, almost 60,000 more signatures than the 365,880 required to qualify the measure for the ballot.
Local
On Thursday, Illinois Gov. Bruce Rauner (R) signed a six-month stopgap budget into law after the budget cleared the Illinois State Legislature with bipartisan support. The budget’s adoption ends nearly one and a half years of stalemate between Rauner and state legislative leaders. Rauner and Illinois Democrats had been unable to pass a budget due to controversy surrounding Chicago Public Schools. The school district has struggled to remain solvent and requested additional state aid. Rauner publicly opposed funding a bailout of Chicago Public Schools, while state Democrats supported additional funding. The adopted budget guarantees that public elementary and secondary schools in Illinois receive state funding for the entire 2016-2017 school year at at least the same funding level received during the 2015-2016 school year. The budget includes $100 million in low-income student funding earmarked for Chicago Public Schools. The state of Illinois will also contribute roughly $200 million per year to the Chicago Public Schools pension fund under the budget’s provisions. Rauner and Illinois Speaker of the House Michael Madigan (D) expressed displeasure at the failure to reach a full budget agreement and hope that the stopgap budget will lead into long-term budget reform discussions.
State
The Week in Review
Ballot measures update
- Ninety-nine statewide ballot measures are certified for the ballot across 34 states so far in 2016, most of which will be decided during the November election.
- Thirty-five out of the 99 ballot measures with guaranteed spots on the ballot this year are citizen initiatives. This compares to about 16 certified citizen initiatives by this time in 2014. Low turnout in the 2014 elections likely contributed to the spike in proposed citizen initiatives this year. Fewer total votes cast in 2014 led to a reduced signature burden in 2016 in some states.
- By this time in 2014, a total of 130 measures, including legislative referrals, had been certified for the ballot.
- Four new measures were certified for the ballot this week.
- Seven statewide ballot measures have been decided so far in 2016; six were approved.
- The next ballot measure election is in Florida on August 30, 2016, when state voters will decide on the Florida Tax Exemptions for Renewable Energy Measure.
- More than 930 initiatives have been filed with state officials for circulation so far.
- Ballotpedia has coverage of ballot measures going back to 1777.
- Explore our data by year, by subject, or by state.
Monday, June 27
- The U.S. Supreme Court unanimously vacated the 2014 conviction of former Virginia Governor Bob McDonnell (R) on bribery charges. After losing an appeal to the U.S. Fourth Circuit Court of Appeals in 2015, McDonnell asked the Supreme Court to review the case; they began hearing arguments in April 2016. The court ruled that the jury had been given incorrect instructions regarding what constituted an "official act," a term upon which the prosecution had based much of its case. Chief Justice John Roberts provided in the opinion a more specific definition of an "official act" and remanded the case back to the U.S. Fourth Circuit Court of Appeals to either dismiss or retry the case under the new definition.
- Nevada Supreme Court Justice Nancy Saitta announced that she will retire effective August 8, ahead of her 2019 term expiration. She plans to continue serving as a senior judge who will be available to substitute in Nevada courts for any judge who must be absent or recused. Justice Saitta was first elected to the court in 2006. Gov. Brian Sandoval (R) will appoint a successor from a pool of candidates who have been screened by the Nevada Commission on Judicial Selection. This will be Gov. Sandoval’s first appointment to the high court. Justice Saitta’s appointed successor will have to stand in the next judicial election following appointment to remain on the bench for the remainder of Saitta’s term. Nevada judicial elections are nonpartisan. Two incumbent justices on the court are up for re-election on November 8: Justice James Hardesty and Justice Ron Parraguirre. Both are running unopposed.
- The Pennsylvania State Senate unanimously confirmed Democratic Gov. Tom Wolf’s six nominees to the state’s three highest courts. Superior Court Judge Sallie Mundy (R) was confirmed to a seat on the Pennsylvania Supreme Court. Attorneys Carl Solano and Geoffrey Moulton and Judge Lillian Ransom were confirmed to seats on the Pennsylvania Superior Court, one of Pennsylvania’s two intermediate appellate courts. Julia Hearthway, former Pennsylvania secretary of labor and industry, and attorney Joseph Cosgrove were confirmed to the Pennsylvania Commonwealth Court, the other Pennsylvania intermediate appellate court. All six will be sworn in later in the year. Mundy will succeed Justice Michael Eakin, who resigned from the bench in March in advance of his scheduled trial before the Pennsylvania Court of Judicial Discipline over inappropriate emails. Wolf’s spokesman called the nomination of Mundy “a priority” for the Republican-controlled state Senate, but there is also an administrative tradition that appointments will preserve the then-current political balance of the court until the next election. The political balance of the state supreme court will continue with a 5-2 Democratic majority after Mundy’s elevation. All six appointees will serve through 2017, until the winners of the 2017 election take the bench in January 2018. Although there is a Pennsylvania judicial tradition that interim appointees do not run in the following election in order to remain on the bench, Gov. Wolf stated his expectation that Mundy could run for a full term if she so desires.
- California Proposition 54 was certified for the November ballot. The measure would prohibit the state legislature from passing any bill until it has been printed and published on the internet for 72 hours before the vote. The secretary of state verified 676,066 of the more than 1,000,000 signatures submitted by supporters, roughly 90,000 more than the 585,407 signatures required to qualify the measure for the ballot.
- Kansas Governor Sam Brownback (R) signed legislation sending $38 million to poorer school districts in the state for the 2016-2017 school year. The legislation, which came out of a special session of the state legislature, diverts some of the funds from other areas of the budget and redistributes the rest from wealthier districts. The Kansas Supreme Court had given state lawmakers until June 30 to devise a new school funding plan or face a court-ordered shutdown of the state’s public schools. The court approved the new plan signed by Brownback on June 28. This resolved the school funding standoff that would have closed schools if lawmakers had not passed a new plan before the court’s deadline.
- Utah Commissioner of Labor Sherrie Hayashi resigned in order to assume a position as director of the University of Utah's Office of Equal Opportunity. Originally appointed by Governor Jon Huntsman (R) in 2006, Hayashi was re-appointed by Governor Gary Herbert (R) when he assumed office in 2009. Herbert named Deputy Commissioner of Labor Jaceson Maughan as the interim officeholder until a permanent replacement is found.
Tuesday, June 28
- Gov. Mark Dayton (D) appointed Judge Anne McKeig to the seat on the Minnesota Supreme Court that will be vacated by Justice Christopher Dietzen upon his retirement this summer. This is Gov. Dayton’s fifth appointment to the court. McKeig will be the first American Indian justice on the state’s high court. When she takes the bench, there will be a 4-3 majority of female justices and a 4-3 majority of justices appointed by Gov. Dayton. The remaining three justices were appointed by former Gov. Tim Pawlenty (R). One of Dayton’s appointments, Justice Natalie Hudson, is running for election this year. McKeig will serve through 2018 and must run for election in 2018 if she wishes to remain on the bench. Minnesota judicial elections are nonpartisan.
- The Massachusetts Supreme Judicial Court authorized the Massachusetts Question 1 for the November 8 ballot. The measure would allow the Gaming Commission to issue an additional slots-only gaming license in the state. The measure would amend a 2011 law that prohibits more than three casinos and one slots parlor. The harness race track at Plainridge already has slot machines. This initiative is the first statewide ballot measure to be certified in Massachusetts in 2016.
- The other potential 2016 measures are the Question 3, the Ending Common Core Education Standards Initiative, the Marijuana Legalization Initiative, and the “Fair Access to Public Charter Schools” Initiative. Supporters for these have submitted signatures awaiting review.
- The South Carolina State Ethics Commission ruled against Treasurer Curtis Loftis (R) in his motion to dismiss an ethics complaint filed against him in 2014. The complaint, filed by the former deputy executive director of the South Carolina Budget and Control Board, Samuel Griswold, alleges that Loftis failed to disclose a prior business association with an attorney he hired to represent the treasurer's office in a lawsuit against the Bank of New York Mellon. Michael Montgomery, the attorney in question, received $2 million in compensation upon completion of the lawsuit. Montgomery and Loftis serve together on the board of a nonprofit. The director of the commission stated that a public hearing would be scheduled imminently.
- Alaska Governor Bill Walker (Ind.) appointed Jahna Lindemuth (R) as the state's next attorney general, to take effect in early August. Lindemuth was one of four candidates under consideration for a seat on the Alaska Supreme Court earlier this year; the position ultimately went to Susan Carney. A private practice attorney, Lindemuth will permanently replace interim officeholder Jim Cantor, who served as deputy attorney general until Walker temporarily appointed him acting attorney general last week.
- The Pennsylvania House subcommittee responsible for the impeachment proceedings against Attorney General Kathleen Kane (D) voted to begin subpoena proceedings in the investigation, which was launched in February 2016. The vote gives the subcommittee chair, Rep. Todd Stephens (R), the power to issue subpoenas and the committee's special investigator, former federal prosecutor Joe Poluka, the power to subpoena Kane's official records and seek protective orders for potential witnesses. Kane has been the subject of multiple removal efforts following her indictment on criminal charges of perjury and obstruction; her trial is set to begin August 8. Though the decision was uncontested by both parties in the subcommittee, some House Democrats have questioned the cost of hiring outside investigators to continue impeachment proceedings given that Kane is not running for re-election in 2016. The decision to impeach must pass a vote in the subcommittee, the House Judiciary Committee, and the full House before being handed over to the Senate for a trial.
- North Carolina State Senator Fletcher Hartsell (R) was indicted on three low-level felony counts for allegedly signing false campaign finance reports. Hartsell addressed the chamber later that evening in a speech thanking his wife and colleagues for their support. Several other senators spoke about Hartsell, including Floyd McKissick (D), who said of Hartsell, “There is no better member of this chamber, no one who I respect more.” Hartsell did not announce plans to resign, but he is not seeking re-election in 2016.
- Primary election: Colorado
- State legislature: There are 18 state Senate seats and 65 state House seats up for election in November 2016. Just five incumbents, all Republicans, faced primary competition. Two of those incumbents were defeated. Both chambers are included in Ballotpedia’s list of top battlegrounds in 2016. Republicans control the Senate with a one-seat majority, while the House is under a three-seat Democratic majority. Jim Smallwood and Benjamin Lyng each received around 5,800 votes, triggering a recount in the Colorado Senate District 4 Republican primary. Smallwood received more votes in the initial count. A recount will also be held for the state House District 7 Democratic primary, where James Coleman defeated Michele Wheeler by only 80 votes according to the first count. Challenger Larry Liston defeated incumbent Janak Joshi in the state House District 16 Republican primary. In the state House Republican primary for District 64, challenger Kimmi Lewis defeated incumbent Timothy Dore.
- Primary election: Oklahoma
- State executives: Incumbent Corporation Commissioner Dana Murphy (R) is running for re-election and was unopposed in the primary election. After state Rep. Richard Morrissette (D) withdrew from the race last week, Murphy is left unopposed in the general election. Oklahoma is one of 23 Republican trifectas.
- State legislature: There are 25 state Senate seats and 101 state House seats up for election in November 2016. Twenty-eight incumbents faced primary competition. Three of those incumbents were defeated. Republicans control both chambers with strong majorities. In the Republican primary for District 43 of the state Senate, challenger Paul Scott defeated incumbent Corey Brooks by 127 votes. In the state House, incumbent Donnie Condit defeated challenger Cord McCoy in the Democratic primary for District 18 by only 52 votes. In the District 50 Republican primary for the state House, challenger Marcus McEntire defeated incumbent Dennis Johnson. In the Republican District 52 primary, incumbent Charles Ortega defeated challenger John Thomas by 42 votes in an initial count. This victory was narrow enough to trigger a recount, whose results have not yet been released. In the Republican primary for District 70, challenger Carol Bush defeated incumbent Ken Walker. Dan Myers defeated his opponent in the Democratic primary for District 81 by only 37 votes. Collin Walke (D) and Donald Wentroth Jr. (D) won similarly close races in the primaries for Districts 87 and 100, respectively.
- Primary election: Utah
- State executives: Major party candidates are chosen at the party conventions unless no candidate receives at least 60 percent of the vote, in which case a primary election is held. At the 2016 state Republican convention, incumbent Governor Gary Herbert (R) won only 45 to Jonathan Johnson's 55 percent of the delegate vote, forcing a primary election. It was the only state executive primary on the ballot. Despite the show of support from delegates for Johnson, Herbert won by a margin of 45 points. He and running mate Lt. Gov. Spencer Cox (R) will compete with businessman Mike Weinholtz (D) and attorney Kim Bowman (D) in the November general election, which is rated Safe Republican. Utah is one of 23 Republican trifectas.
- State legislature: There are 15 state Senate seats and 75 state House seats up for election in November 2016. Twenty-three incumbents faced primary competition. Incumbent representatives Fred Cox (R-30) and Earl Tanner (R-43) were defeated in party conventions. Both chambers have significant GOP majorities. In the state House Republican primary for District 53, challenger Logan Wilde defeated incumbent Melvin Brown by only 64 votes.
- Primary runoff election: South Carolina
- State legislature: Thirteen primary runoffs were held—six in the state Senate and seven in the state House. Five runoffs involved an incumbent. Both chambers are controlled by the Republican Party. All four incumbent state senators participating in the runoff elections were defeated by challengers. Larry Martin (R-2), Mike Fair (R-6), Lee Bright (R-12), and Creighton Coleman (D-17) were all defeated by primary challengers.
Wednesday, June 29
- The Massachusetts State Legislature is expected to approve a $39.1 billion state budget. This budget includes no new taxes or fees, and it does not include some expected increases in payments to certain services. For example, the University of Massachusetts will receive an increase of only 1 percent in funding, a move that is expected to result in a tuition hike. Other departments and programs will also receive only modest increases. These changes are an attempt to close a $750 million revenue hole. The hole will be closed by adjusting previous fiscal assumptions, anticipating further government efficiencies in spending, and assuming the state’s automatic income tax rollback won’t take place.
- The California Carry-Out Bag Revenue Initiative was certified for the November ballot. The measure would redirect revenue collected from the sale of carry-out bags at grocery and retail outlets to a special fund administered by the Wildlife Conservation Board. The secretary of state verified 409,463 of the more than 500,000 signatures submitted by supporters, about 40,000 more than the 365,880 signatures required to qualify the measure for the ballot. California voters will also have the chance to decide whether to prohibit plastic carry-out bags altogether when they are presented with the California Plastic Bag Ban Referendum this November.
- The California Hospital Executive Compensation Limit Initiative was withdrawn from circulation. Proponents were encouraged to withdraw the initiative after a Sacramento County judge ruled that it violated a deal made between the union backing the measure—SEIU-UHW West—and the main organization opposing the measure, the California Hospital Association. The deal resulted when SEIU-UHW West sponsored a similar measure, the California "Charitable Hospital Executive Compensation Act" Initiative, in 2014. The California Hospital Association also opposed the previous measure, and the two organizations developed an agreement with certain conditions. As part of the deal, the union withdrew its measure and, in exchange, the association drafted a new “code of conduct” that would make it easier for workers to unionize. The association sued when the 2016 initiative was filed, arguing that it violated the conditions of the 2014 settlement.
- Hawaii Governor David Ige appointed Thomas Gorak to the Hawaii Public Utilities Commission to replace former commissioner Michael Champley. Gorak’s appointment comes at a particularly important time as the commission has been reviewing a $4.5 billion deal which would allow NextEra Energy to purchase Hawaii Electric Co. Gorak will now have a say in whether that deal is approved.
- Filing deadline: Rhode Island
- State legislature: Rhode Island has 38 state Senate and 75 state House seats up for election in 2016. Democrats have a 27-seat majority in the Senate and a 49-seat majority in the House. With a Democratic governor, Rhode Island is one of seven states under a Democratic trifecta.
Thursday, June 30
- Supporters submitted over 200,000 signatures for the Arizona Regulation and Taxation of Marijuana Act Initiative. The Campaign to Regulate Marijuana Like Alcohol need 150,000 valid signatures to place the measure, which would legalize the possession and consumption of marijuana for individuals 21 and over, on the ballot in November.
- Illinois Gov. Bruce Rauner (R) signed a budget package that will fund state services for the next six months and fund public schools for a full year. After two days of backroom meetings between Gov. Rauner and legislative leaders, a stopgap budget was approved before the July 1 deadline. The main appropriations bill for the budget passed the state House by a vote of 105-4, while the state Senate approved it with a vote of 54-0. That bill includes $1 billion for the state’s higher education system and $720 million to cover operational expenses for state agencies. Additionally, about $670 million will be set aside to fund the state’s social services programs. The temporary budget gives public schools over $11 billion in state and federal dollars. School districts that serve low-income students will split $250 million, with Chicago Public Schools (CPS) receiving about $100 million. The governor also signed legislation that allows the Chicago Board of Education to raise property taxes to help fund teacher pensions. The temporary budget will also require the state to contribute $215 million a year to the Chicago Teachers' Pension Fund starting next June. The state funding for teacher pensions is contingent on lawmakers passing pension reform by the end of the year.
- The Iowa Supreme Court upheld the state's constitutional provision for the permanent disenfranchisement of convicted felons. The court voted 4-3 on the matter. Iowa is one of only two states in which convicted felons permanently lose the right to vote; the state constitution permanently disenfranchises all individuals convicted of "infamous crimes." State officials applauded the decision. Secretary of State Paul Pate said, "This ruling goes in line with 150 years of precedence and has been reaffirmed by the people of Iowa and their elected representatives on multiple occasions." Opponents pledged to pursue legislative means to re-enfranchise certain convicted felons. Rita Bettis, an attorney for the American Civil Liberties Union, said, "Today's decision serves as a call for movement by the people and our representatives for a long-overdue state constitutional amendment to right this profound wrong. Those of us who have a political voice must all act now on behalf of those whose voice has been silenced."
- The California Tax Extension to Fund Education and Healthcare Initiative was certified for the November ballot. The measure would extend already existing personal income tax increases on incomes over $250,000 for 12 years in order to fund education and healthcare. The income tax increases were first implemented in 2012, when voters approved Proposition 30, and they were designed to expire in 2016. If voters do not approve the tax extension initiative in November, the increases will be phased out beginning in 2018. Supporters submitted more than 900,000 signatures and the secretary of state verified about 600,000 of them, more than the 585,407 required to qualify the measure for the ballot.
- The California Healthcare, Research and Prevention Tobacco Tax Amendment was certified for the November ballot. The measure would increase the tax on cigarettes to two dollars per pack. The secretary of state verified 682,346 signatures of the roughly 900,000 signatures submitted by supporters, almost 100,000 more than the 585,407 required to qualify the measure for the ballot.
- The California Parole and Juvenile Trial Opportunity Modification Initiative was certified for the November ballot. The measure would increase parole opportunities for felons convicted of nonviolent crimes and give them more opportunities to earn credits for good behavior. The measure was almost prevented from qualifying for the 2016 ballot when the California District Attorneys Association filed a lawsuit against initiative proponents, arguing that they had changed the proposed initiative improperly through amendments. Sacramento Superior Court Judge Shelleyanne Chang ruled in favor of the plaintiffs, but the California Supreme Court rejected the ruling and allowed supporters to move forward with the initiative on June 6, 2016. Of the more than 1,000,000 signatures submitted by supporters, 654,827 were verified by the secretary of state, almost 70,000 more than the 585,407 required to qualify the measure for the ballot.
- The California Death Penalty Procedure Regulation Initiative was certified for the November ballot. The measure would change procedures governing state court appeals as well as petitions challenging death penalty convictions and sentences. The secretary of state verified 430,575 of the more than 500,000 signatures submitted by supporters, almost 70,000 more than the 365,880 required to qualify the measure for the ballot. The measure is one of two death penalty related initiatives that will appear on the ballot in November. The other measure would repeal the death penalty in California and replace the maximum punishment for murder with life in prison without possibility of parole.
- Filing deadline: New Mexico
- State judiciary: One New Mexico Supreme Court justice and three New Mexico Court of Appeals judges filed to stand for retention on November 8, 2016. Justice Barbara J. Vigil and Judges Timothy Garcia, Jonathan Sutin, and M. Monica Zamora will each stand for retention to eight-year terms on the bench.
New Mexico has a hybrid system of judicial elections. When a vacancy on the supreme court or court of appeals occurs, the governor appoints a successor. That judge or justice must then run in the next partisan election to remain on the bench for the rest of his or her predecessor’s term. Once elected, judges may win new terms by standing for retention. Justice Vigil was elected as a Democrat; Democrats hold a 4-1 majority on the supreme court. The lone Republican, Justice Judith Nakamura, was recently appointed and is running in a partisan election in 2016 to remain on the bench.
Friday, July 1
- The Delaware General Assembly adjourned its regular session. Delaware is one of seven states with a Democratic state government trifecta. Democrats control the Senate by three seats, the House by nine seats, and the governor’s office. There are 21 seats total in the Senate and 41 seats total in the House.
What’s On Tap Next Week
Saturday, July 2
- The General Assembly of North Carolina is expected to adjourn its regular session. North Carolina is one of 23 states with a Republican state government trifecta. Republicans control the Senate by 18 seats, the House by 29 seats, and the governor’s office. There are 50 seats total in the Senate and 120 seats total in the House.
Tuesday, July 5
- Filing deadline: Michigan
- State judiciary: Incumbent supreme court justices. Incumbent Justices David Viviano and Joan Larsen must run for re-election this year in order to remain on the bench; both have announced their intent to do so. Michigan judicial elections are nonpartisan but with partisan candidate nominations. Both Viviano and Larsen are Republicans; the partisan balance of the court is currently 5-2 Republican. A separate filing deadline for non-incumbent candidates is set for July 21.
Wednesday, July 6
- Filing deadline: Ohio
- Constitutional amendment signatures. Potential constitutional amendments, such as the Clean Energy Initiative, the “Fair Wage” Amendment, and the Motor Voter Automatic Registration Amendment, need 305,591 signatures to land the measure on the November ballot.
Thursday, July 7
- Filing deadline: Arizona
- Initiative and referendum signatures. Potential state statutes, such as the Death Penalty Repeal Initiative, require 150,642 signatures to land the measure on the ballot, and potential constitutional amendments, such as the Re-Legalize Marijuana Initiative, require 225,963 signatures. The Political Committee Disclosure of Funds Referendum requires 75,321 signatures for the November ballot. The Trust Land Management and Budget Reconciliation Amendment already made the ballot as a legislatively referred constitutional amendment.
Friday, July 8
- Filing deadline: Arkansas
- Initiative and referendum signatures. Potential state statutes, such as the Campaign Finance Reform Initiative, require 67,887 signatures to land the measure on the November 8 ballot, and potential constitutional amendments, such as the Casinos Amendment, need 84,859 signatures. The two potential veto referendums, the Local Government Anti-Discrimination Protections Referendum and the “Intrastate Commerce Improvement Act” Referendum, each need 50,916 signatures to make the ballot. Three legislatively referred constitutional amendments already made the ballot in Arkansas: the Gubernatorial Powers Amendment, the Removal of Cap on Bonds Amendment, and the Terms, Elections, and Eligibility of County Officials Amendment.
- Filing deadline: Nebraska
- Initiative signatures. 115,909 signatures are needed for four measures to qualify for the November 8 ballot. These are the Horse Track Initiative Amendment, the Horse Track Gaming Regulations Initiative, the Horse Track Gaming Taxation Initiative, and the Child Custody Initiative. The Death Penalty Repeal Referendum already made the November ballot in Nebraska as a veto referendum.
- Filing deadline: New Mexico
- Veto referendum signatures. There were no potential veto referendums for the 2016 ballot.
- Filing deadline: Oregon
- Initiative signatures. Potential state statutes—such as the Fossil Fuel Expansion Ban Initiative (Petition #1), the Universal Background Checks Initiative (Petition #16), and the Measure 99—require 88,184 signatures to make the ballot in November. Potential constitutional amendments, such as the Estate Tax Ban Amendment (Petition #7), the “Healthcare is a Human Right” Initiative (Petition #16), and the Affordable Access to Healthcare Initiative (Petition #43), need 117,578 signatures to make the ballot. The Judicial Retirement Measure (Amendment 1) and the Measure 97 already made the 2016 ballot in Oregon.
- Filing deadline: Washington
- Referendum and Initiative to the People signatures. Potential Initiatives to the People—such as the Bathroom Restricted to Biological Sex Initiative, the Single Payer Healthcare Initiative, and the Taxpayer Protection Act—need 246,372 signatures each to make the November ballot. Two Initiatives to the Legislature already made the ballot: the Carbon Emission Tax and the “Restoring the Voice of We the People” Initiative. There are no potential veto referendums for the 2016 ballot in Washington.
State government in session
Five states are in regular session:
- MA, NC, 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, 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 six (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).
Last week
- Mississippi state legislative special elections:
- In House District 29, Abe Marshall Hudson Jr. defeated Earl S. Lucas is a special runoff election. Candidates in Mississippi special elections run without party labels. The seat was previously held by Linda Coleman (D).
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.
Saturday, June 25
- A runoff election was held for two of six seats on the Lubbock City Council. No candidate in either of the two races won a majority of votes cast in the general election on May 7, 2016. In the runoff, Juan Chadis won the District 1 seat and Shelia Patterson-Harris won the District 2 seat. Both of these seats were open because the incumbent council members did not file for re-election. District 1 incumbent Victor Hernandez left his position to run in the race for mayor of Lubbock. Because there was more than one year left in his term, Hernandez’s bid for mayor was considered an automatic resignation of his position on the city council. This made the election in District 1 a special election, although it appeared on the ballot with other regular elections. Hernandez’s successor, Chadis, will only serve until 2018, when Hernandez’s term would have expired. Chadis will then have to file for re-election if he wishes to retain the seat. The mayor’s office and two other city council seats were also on the ballot in the general election in May. Lubbock is the 11th-largest city in Texas and the 84th-largest city in the U.S. by population.
Monday, June 27
- Los Angeles charter school founder Steve Barr filed to run for mayor of Los Angeles in 2017. Barr founded Green Dot Charter Schools, a nonprofit group that took over the Los Angeles Unified School District’s Locke High School in 2009. According to the Los Angeles Times, Barr cited a growing public education crisis as his reason for filing in the race, though he has not elaborated on his plan to address this crisis. Many advocates of reform in the Los Angeles Unified School District have argued that charter school expansion would help to improve the school district’s lagging performance. Opponents of charter school expansion worry that it could bankrupt the school district by decreasing student enrollment. Barr worked as an education reformer and activist after an early career with the United Parcel Service. He has not previously held political office. Barr will face Mayor Eric Garcetti (D) in the mayoral race in 2017. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
- The Oakland City Council voted 7-0 to ban the export of coal from the Port of Oakland. The coal ban ordinance was co-sponsored by Oakland Mayor Libby Schaaf (D) and would prohibit the storage and handling of coal in the city. Proponents of the ban cited the potential hazards of coal such as serious complications with asthma, increased mortality rates, and increased hospitalization rates for residents. Opponents of the ban argued that the coal industry could bring a significant number of jobs to Oakland. Opponents also argued that the city has an obligation to fulfill its contract with the developer of a bulk and oversized rail terminal at the Port of Oakland that would handle the storage and transportation of the coal. Oakland is the eighth-largest city in California and the 45th-largest city in the U.S. by population.
- Airbnb sued San Francisco after its board of supervisors approved legislation earlier in June that restricts commercial postings from short-term housing rental websites and imposes fines for violating the law. In 2015, San Francisco passed the “Airbnb law” with the support of Airbnb. The law capped short-term rentals and required hosts to register with the city. It has been estimated that only 20 percent of roughly 7,000 hosts have registered since the law was passed, and the board alleges that Airbnb has failed to remove lawbreakers. The San Francisco Board of Supervisors designed the new penalties to make Airbnb accountable for any illegal listings. In the lawsuit, Airbnb claims that the board violated the Communications Decency Act by imposing the new penalties. Under this act, the government cannot hold websites accountable for content published by website users, and Airbnb’s suit argues that the company cannot be held accountable for illegal rental listings advertised in its name. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.
- June 22, 2016: Chicago Mayor Rahm Emanuel's (D) proposal to regulate the city’s housing rental industries was approved by the city council, impacting popular online businesses such as Airbnb and VRBO. The new rules on housing rentals, which passed 43-7, allow residents in single-family home zoning areas the power to petition for or against home rental restrictions, but they did not address areas zoned for condos or rentals. The ordinance set a variety of caps on housing rentals in different kinds of buildings and areas in a manner that the Chicago Tribune referred to as “dizzyingly complex.” The ordinance requires Airbnb to purchase a $10,000 license to operate in the city, enacts a 4 percent tax per rental for homeless services, and sets a $60 fee per city address listed on the website. Airbnb senior adviser and former Chicago Alderman Will Burns voiced his support for the regulations and stated, "The City of Big Shoulders is giving a big welcome to home sharing."
- June 17, 2016, New York lawmakers also passed legislation that would levy fines of up to $7,500 on individuals using Airbnb to rent an entire apartment for fewer than 30 days. Bipartisan lawmakers, housing advocates, and unions supported the move, which has not yet been signed into law by Gov. Andrew Cuomo (D). New York City is the largest housing market for Airbnb, according to The New York Times. A 2016 study estimated that 55 percent of rentals in the city violated a law passed in 2010 that made it illegal to rent an entire apartment or home for fewer than 30 days. In 2015, Airbnb began to pay hotel taxes in an effort to better cooperate with host cities, but the regulation requires that Airbnb hosts, rather than Airbnb itself, pay these taxes. The millions of dollars in hotel taxes paid to New York City have not ameliorated the relationship between New York and Airbnb, and New York lawmakers said they would work with Airbnb only after all illegal postings are removed from the company’s website.
- June 13, 2016: The Denver City Council passed a pair of regulations targeting the short-term housing rental industry. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced.
- June 7, 2016: The San Francisco Board of Supervisors unanimously approved legislation that restricts commercial postings from short-term housing rental websites. A similar but more extensive citizen-initiated measure, Proposition F, was defeated in 2015. Under the new law, only residents registered with the city as hosts are permitted to post short-term listings. Any individual or business found posting a noncompliant listing can be fined up to $1,000 per day. Because the legislation passed the board unanimously, the law was protected from a threatened veto by Mayor Ed Lee (D). Instead, Lee let the law pass without signing it. The new penalties will take full effect on July 27, 2016.
- June 1, 2016: Seattle Mayor Ed Murray (D) and Councilman Tim Burgess (D) proposed limiting short-term rentals to improve the city’s housing market. Their plan would allow only primary residences to be listed year-round on services such as Airbnb and VRBO, whereas secondary residences would be limited to 90 nights per calendar year. According to Airbnb, short-term rentals have generated more than $30 million in revenue for Seattle rental property owners.
Tuesday, June 28
- The mayor’s office and three Tulsa City Council seats were up for primary election. A candidate running for city council was able to win the seat outright in the primary election if he or she won 50 percent or more of the vote. A general election will be held on November 8, 2016, for races with two candidates or races where no candidate received 50 percent of the primary vote. Mayor Dewey Bartlett Jr. (R) was defeated by City Councilman G. T. Bynum (R) after a contentious campaign. The mayoral race focused on the city's economic fortunes and efforts to spur job growth, which generated conflict between the two candidates. Bynum criticized Bartlett for his lack of effort in promoting economic growth, citing Tulsa's lagging job growth compared to Oklahoma City. In response to Bynum’s criticism, Bartlett argued that he promoted development and business growth in downtown Tulsa during his tenure as mayor. Bartlett connected the downtown growth to a sales tax extension he supported and that was passed by a large margin of voters in April 2016. Bartlett and Bynum also clashed over an agreement with the Muscogee Nation to fund a dam on the city's south side. The project required $13 million for completion, and the Muscogee Nation agreement was not completed as of May 20, 2016. Bartlett suggested that Bynum and other city council members endangered the agreement by implying that the tribe would need to pay a higher amount than originally negotiated. Bynum countered that the agreement was on track and Bartlett was attempting to create a campaign issue out of the negotiations.
- The Tulsa City Council seats in Districts 3, 4, and 6 were won by incumbents David Patrick, Blake Ewing, and Connie Dodson, respectively. Three additional seats would have appeared on the ballot but were automatically won by the incumbents due to lack of opposition after the candidate filing deadline passed on April 13, 2016. The remaining three city council seats up for election in 2016 are in Districts 1, 2, and 9. These races will appear on the ballot in the general election on November 8, 2016. Tulsa is the second-largest city in Oklahoma and the 47th-largest city in the U.S. by population.
- In Oregon, Harney County Court Judge Steve Grasty won his recall election. More than 70 percent of voters chose to retain Grasty. The recall effort began due to his refusal to allow Ammon Bundy and his supporters to use a county fairgrounds building during the 41-day occupation of the Malheur National Wildlife Refuge. The armed occupation began as a protest of the federal government's policies on land use as well as arrests of two local residents. The recall petition criticized Grasty for suppressing the rights of citizens to freedom of speech and to peaceably assemble in public buildings. Grasty refused to resign in response to the recall effort, and approximately 100 county residents held a rally to support him in June 2016. The Oregonian stated that his position is not a traditional judgeship but instead akin to "chairman of the county commission." Grasty first took office in 1999, and his third term is set to expire at the end of 2016. Before the recall, Grasty said that he intended to retire instead of seeking re-election.
- FILING DEADLINE: Deadline passed to run for nine school board seats in two of Rhode Island’s largest school districts. All seven school board seats are up for election in Cranston Public Schools, which is the second-largest district in the state. It served 10,552 students during the 2013-2014 school year. There is no primary election, and the general election will be held on November 8, 2016. Two of five school board seats are up for election in Warwick Public Schools, which is the third-largest district in the state. It served 9,393 students during the 2013-2014 school year. There is no primary election, and the general election will be held on November 8, 2016.
Wednesday, June 29
- Timothy Sullivan, director of intergovernmental relations in Boston, was arrested on federal charges of conspiracy and extortion. Sullivan allegedly forced an organization to hire unneeded union workers as stagehands at a concert held at City Hall Plaza in 2014. He is charged with colluding with a second member of Mayor Martin Walsh’s (D) administration, Kenneth Brissette, to withhold permits necessary for the concert to take place unless the concert organizer hired workers from the International Alliance of Theatrical Stage Employees. Brissette was arrested in May 2016. Both aides are on administrative leave until the criminal cases against each of them are resolved. The arrests triggered additional scrutiny of Mayor Walsh, whose campaign for office was heavily tied to his support for unionized labor. In response to the arrests, Walsh scheduled ethics training for all city department heads to be held on July 11, 2016, and enlisted a panel to investigate the management of special events in the city. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.
Thursday, June 30
- The Anaheim City Council voted to ban short-term home, apartment, or room rentals for visitors using websites such as Airbnb and VRBO. Opponents of the new law argue that the ban will cost the city millions in tax revenue dollars and will eliminate potential job growth in the hospitality industry. Proponents claim that these short-term rentals deplete the housing market and crowd city parking. The ban is slated to take effect in mid-August 2016. The ban followed the implementation of new regulations on the short-term rental housing industry by city councils in Chicago, Denver, New York City, and San Francisco earlier in June 2016. Anaheim is the 10th-largest city in California and the 56th-largest city in the U.S. by population.
Friday, July 1
- The minimum wage in San Francisco increased from $12.25 per hour to $13.00 per hour. This increase is the result of Proposition J, which was approved on November 4, 2014. The proposition was spearheaded by Mayor Ed Lee (D) and referred to the ballot by the city council as a compromise between a coalition of labor and business interests. The measure was designed to raise the minimum wage in the city according to the following timeline: $12.25 per hour by May 2015, $13 per hour by July 2016, $14 per hour by July 2017, and $15 per hour by July 2018.
- Seattle, Los Angeles, and Washington, D.C., have all begun implementation of $15 per hour minimum wages in recent years. In 2014, the Seattle City Council unanimously supported a minimum wage increase for full implementation in 2021. The Los Angeles City Council soon followed in 2015 when it voted 14-1 to enact the increase by 2020. A third California city, San Mateo, is expected to enact a $15 per hour minimum wage ordinance in July. It would phase into effect in 2018 with some exemptions ending in 2020. On June 7, 2016, the Washington, D.C., City Council unanimously approved a proposal to raise the city’s minimum wage to $15 by 2020.
- Two more cities—Miami Beach in Florida and San Diego in California—recently approved smaller minimum wage hikes. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with an increase over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I, which will increase the city’s minimum wage to $11.50 in January 2017, by more than 63 percent of the vote.
- FILING DEADLINE: Deadline passed to run for two school board seats in one school district in Idaho. The Boise School District is the second-largest school district in the state and served 27,275 students during the 2013-2014 school year. There is no primary election, and the general election will be held on September 6, 2016.
What’s On Tap Next Week
Friday, July 8
- In California, petition signatures are due in order for the recall effort against Yorba Linda Water District board members Gary Melton and Robert Kiley to be added to the general election ballot on November 8, 2016. The recall 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.
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Fact Check
Fact Check by Ballotpedia
- Fact check: Did Utah Governor Gary Herbert raise taxes by over $600 million?: According to our review of the data, tax revenue fell 56 times between fiscal years 2011 and 2017, which totaled $338,337,750. Utah's tax revenue rose 26 times during the same period, which totaled $984,487,817. The net increase is $646,150,067.
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