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The Tap: Fourth Circuit rules in immigration executive order case

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May 27, 2017Issue No. 67

The Tap Graphic-750x191px.png

The week in review: May 20 - May 26
What's on Tap next week: May 27 - June 2

Navigate The Tap by clicking the tabs below:

Federal

The week in review: May 20 - May 26
What's on tap next week: May 27 - June 2

What's on tap? The Fourth Circuit Court of Appeals upheld a lower court injunction against President Trump's March 6 executive order on immigration. The injunction blocked the portion of the order that suspended the entry of nationals from Syria, Iran, Libya, Somalia, Sudan, and Yemen into the United States. The Fourth Circuit concluded that the motivation for the executive order was religious in nature in violation of the First Amendment. Attorney General Jeff Sessions said he would appeal the case to the Supreme Court.

The Week in Review

Saturday, May 20

Comey postpones testimony before House Oversight Committee

  • Chairman of the House Oversight and Government Reform Committee Jason Chaffetz (R-Utah) announced that former FBI Director James Comey postponed his testimony before the House Oversight Committee, which was scheduled for Wednesday. Chaffetz explained in a tweet, "Spoke with Comey. He wants to speak with Special Counsel prior to public testimony. Hearing Wed postponed. @GOPoversight." Comey would like to speak with former FBI Director Robert Mueller, the special counsel investigating Russian interference in the 2016 election, before publicly testifying. Mueller was selected for the job on May 17, 2017.

Verbatim Fact Check

Does the AHCA make being a woman a pre-existing condition?

At a speaking event following the passage of the American Health Care Act in the U.S. House of Representatives, Planned Parenthood President Cecile Richards said of the bill, "Being a woman is going to be now a pre-existing condition in this country." In support of Richards’ claim, Planned Parenthood cites a provision in the bill that would permit insurers, under limited circumstances, to factor in health status (i.e. pre-existing conditions) when setting premium rates. But such circumstances would not be limited to women, nor would the pre-existing conditions that could be considered only affect women. Moreover, as currently written, the legislation states that insurers cannot charge applicants higher premiums based on gender.

Monday, May 22

SCOTUS issues rulings in three cases

DNC and RNC fundraising records released for April

Tomi Lahren joins pro-Trump advocacy group

  • Conservative commentator Tomi Lahren announced that she would join Great America Alliance, an advocacy group that supports the policy agenda of President Trump, as a communications and messaging consultant. Lahren said her employment with the group was on a part-time basis and that she was still exploring options for continuing to work as a commentator on television. She was fired from the conservative network The Blaze in April after she told The View she took a pro-abortion rights stance on the issue of abortion.

House and DOJ submit status update in lawsuit against insurer subsidies

  • The House of Representatives and U.S. Department of Justice jointly submitted their second status update in a lawsuit filed by the House challenging certain payments made by the executive branch to insurers under the Affordable Care Act (ACA). The House filed the lawsuit in 2014, alleging that the payments were made without an express appropriation from Congress. Proceedings in the case have been on hold since November 2016, when the House asked the court for an abeyance following the election of President Donald Trump. The May 22 status update asked for the court to maintain the suspension of proceedings for another three months while Congress and the administration negotiate a potential health bill to amend the ACA.

Tuesday, May 23

Former Univision chairman and Republican donor Perenchio dies

  • Jerry Perenchio, the former chair of Univision and Hollywood producer, died at the age of 86. Perenchio, who had been a donor to super PACs supporting Mitt Romney and Carly Fiorina, produced the television programs All in the Family, Good Times, and The Facts of Life, as well as the films Blade Runner and Driving Miss Daisy. He was identified in 2015 by Ballotpedia as a top state influencer.

Vice President Mike Pence records robocall for Montana special election candidate

  • The Republican National Committee (RNC) released a robocall featuring Vice President Mike Pence, who encouraged voters in Montana to vote for Republican Greg Gianforte in the May 25 special election. Pence said in the robocall: "Hello, this is Vice President Mike Pence, calling to say there is an important special election being waged right now for Montana’s open congressional seat. Greg Gianforte is running to be your next congressman and President Trump and I need Greg working with us in Washington to cut your taxes, secure our borders, and protect your Second Amendment rights. Don’t let Nancy Pelosi and the liberal Democrats take this seat out of Republican hands. The stakes are high and your vote will matter this Thursday. Remember to get to the polls this Thursday, May 25, and cast your vote for Republican Greg Gianforte for Congress. Thanks for listening. With Greg Gianforte’s help, we will make America great again." Gianforte went on to defeat Democrat Rob Quist, earning more than 50 percent of the vote on May 25.

Media Matters begins campaign targeting Hannity advertisers

  • Media Matters for America, an organization that tracks conservative information in news media, began a campaign to pressure companies to withdraw advertisements during Sean Hannity’s nightly program on Fox News. The organization cited Hannity’s promotion of a story about a DNC staffer’s death that Fox News has officially retracted as the basis for pulling advertisements. Media Matters, which was founded by David Brock, launched a similar campaign concerning Bill O’Reilly’s advertisers in April 2017.

Former CIA director testifies before House Intelligence Committee on Russia

Wednesday, May 24

Candidates in Georgia’s 6th Congressional District special election receive outside help

President Trump records robocall for Montana special election candidate

  • President Trump recorded a robocall, in the final week of the special election to fill Montana’s only seat in the U.S. House of Representatives, in support of Republican candidate Greg Gianforte. In the ad paid for by the Republican National Committee (RNC), Trump said, "Hi, this is President Donald Trump, and I know what the people of Montana really want and really care about. ... If you don't vote tomorrow, the liberal Democrats running for Congress will decimate and dismantle all that we've done. ... So get to the polls and vote for Greg. That's Greg Gianforte, you'll be very proud of him for years to come. Thanks a lot!"

Gianforte charged with misdemeanor assault on eve of Montana special election

  • On Wednesday evening, Guardian reporter Ben Jacobs alleged that Montana special election candidate Greg Gianforte (R) slammed him to the floor and broke his glasses during an interview at the candidate's campaign headquarters. The Gianforte campaign denied the claim in a statement, saying, "Jacobs was asked to leave. After asking Jacobs to lower the recorder, Jacobs declined. Greg then attempted to grab the phone that was pushed in his face. Jacobs grabbed Greg's wrist, and spun away from Greg, pushing them both to the ground. It's unfortunate that this aggressive behavior from a liberal journalist created this scene at our campaign volunteer BBQ."
    • Fox News reporter Alicia Acuna, who says she witnessed the incident with a news crew, wrote that Gianforte grabbed Jacobs by the neck, slammed him to the ground, and punched him.
    • Gallatin County Sheriff Brian Gootkin announced on Wednesday night that Gianforte had been charged with misdemeanor assault.
    • Three Montana newspapers—The Billings Gazette, The Helena Independent Record, and The Missoulian—rescinded their endorsements of Gianforte. All three papers noted his citation for assaulting Jacobs as the reason for retracting their endorsements, though none of the papers endorsed Gianforte’s Democratic opponent, Rob Quist.
    • After winning the election on Thursday, Gianforte offered an apology to Jacobs during his victory speech. He said, “When you make a mistake, you have to own up to it. That’s the Montana way. Last night I made a mistake and I took an action that I can’t take back and I’m not proud of what happened. I should not have responded in the way that I did and for that I am sorry.”

CBO releases score of American Health Care Act

  • The Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) released a report estimating the cost of the amended version of the American Health Care Actand its impact on the number of uninsured. Among its findings were the following:
    • The AHCA would reduce the federal deficit by $119 billion between 2017 and 2026 due to a $1.1 trillion decrease in direct spending and a $992 billion reduction in revenues.
    • Compared to the ACA, 14 million more people would be uninsured in 2018 under the AHCA, and 23 million more people would be uninsured in 2026.
    • The individual insurance market would be stable in most states, with instability occurring in states that obtain waivers from the requirement to charge all individuals the same premiums regardless of health status.
    • The AHCA would increase premiums by about 20 percent in 2018 and 5 percent in 2019, compared to the ACA. Beginning in 2020, premiums would depend on waivers obtained by states. States that obtain no waiver or waivers to make modest changes would see lower premiums. States that obtain waivers from both the benefits mandate and the community rating requirement would have lower premiums overall but they would vary widely by health status.
  • House Speaker Paul Ryan (R-Wis.) said, “This CBO report again confirms that the American Health Care Act achieves our mission: lowering premiums and lowering the deficit. It is another positive step toward keeping our promise to repeal and replace ObamaCare.”
  • Senate minority leader Chuck Schumer (D-N.Y) said, “The report makes clear: Trumpcare would be a cancer on the American healthcare system, causing costs to skyrocket, making coverage unaffordable for those with pre-existing conditions, and many seniors, and kicking millions off their health insurance.”

Trump submits budget request to Congress

  • President Donald Trump submitted his budget request—"A New Foundation For American Greatness, Fiscal Year 2018"—to Congress. He requested $668 billion in defense spending, $22 billion above current levels, and $479 billion for non-defense programs, $57 billion less than current levels. Twelve of the 15 executive departments would see cuts in funding. The Departments of Defense, Homeland Security, and Veterans Affairs would see increases in funding. The budget seeks to balance the federal budget within 10 years by introducing $4.5 trillion in spending cuts and growing the economy through Trump’s proposed fiscal, economic, and regulatory policies. The budget blueprint assumes that many of Trump’s proposals will pass Congress, including the American Health Care Act of 2017 (AHCA) and Trump’s tax reform and infrastructure plans. The plan also assumes that the economy will grow at a 3 percent annual rate. According to The Wall Street Journal, “The Fed projects the economy will grow at a 1.8% annual rate in the coming years and the Congressional Budget Office projects 1.9% growth.”
    • What happens next in the budget process? Budget Director Mick Mulvaney and Secretary of the Treasury Steven Mnuchin, as well as other members of the administration, will defend the proposal to members of Congress. The House and Senate Budget Committees will then write their own budget plans, which may or may not look anything like the president’s proposal.

Lieberman takes his name out of consideration for FBI director

    • Former Sen. Joe Lieberman (I-Conn.) withdrew his name from consideration to become the next FBI director. In a letter to President Donald Trump, Liberman wrote, “With your selection of Marc Kasowitz to represent you in the various investigations that have begun, I do believe it would be best to avoid any appearance of a conflict of interest, given my role as a senior counsel in the law firm of which Marc is the senior partner." Trump hired Kasowitz to represent him during investigations into alleged ties between Russia and his 2016 presidential campaign.

Thursday, May 25

Republican Greg Gianforte wins Montana special election

  • Republican candidate Greg Gianforte won Montana's At-Large Congressional District special election, defeating Democrat Rob Quist and Libertarian Mark Wicks.
    • Although Montana's At-Large District seat was held by a Republican continuously from 1997, with former incumbent Ryan Zinke winning election in 2014 and 2016 by roughly 15 points, the race garnered significant national attention and fundraising. In the final week of the election alone, Quist announced that he had received $1 million, bringing his total campaign contributions to $6 million. The pro-Democrat House Majority PAC also spent $125,000 on ad buys for the election's final week. Outside organizations backing Quist like the Congressional Leadership Fund have spent $7 million on ad buys—approximately $4 million more than Democratic outside groups.
    • See also: https://ballotpedia.org/Montana%27s_At-Large_Congressional_District_special_election,_2017

Thapar confirmed as Sixth Circuit judge

Fourth Circuit rules in immigration executive order case

  • The U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s injunction that blocked a portion of President Donald Trump’s March 6 executive order on immigration. The portion of the order in question would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from entering the country. The Fourth Circuit ruled that the motivation of the executive order was religious in nature and therefore violated the Establishment Clause of the Constitution's First Amendment. In making this determination, the court took into account public statements President Trump made regarding Muslims, both during the 2016 presidential campaign and following his election. The court found that while the reasons for the executive order appeared to be legitimate (i.e. for national security), the government’s order was issued in bad faith: “EO-2 cannot be divorced from the cohesive narrative linking it to the animus that inspired it. In light of this, we find that the reasonable observer would likely conclude that EO-2's primary purpose is to exclude persons from the United States on the basis of their religious beliefs.” The court concluded that the motivation for the executive order was religious in nature in violation of the First Amendment and that the district court was correct in issuing its injunction.
    • The majority opinion was written by Chief Judge Roger Gregory, an appointee of former President George W. Bush. Ten judges voted to uphold the injunction while three judges dissented from the majority. Two judges, Allyson Duncan and J. Harvie Wilkinson, recused themselves in the case.
    • Writing in dissent, Judge Paul Niemeyer argued that the district court and the appellate majority both erred in interpreting governing precedent, in creating a new rule of law that “uses campaign statements to recast the plain, unambiguous, and religiously neutral text of an executive order”, and by inappropriately extending the Constitution’s Establishment Clause jurisprudence. The Establishment Clause of the First Amendment provides that “Congress shall make no law respecting an establishment of religion” and is the basis for cases involving constitutional issues regarding the separation of church and state. Judges Dennis Shedd and Steven Agee also dissented in the case.
    • See also: Donald Trump’s immigration executive order issued March 6, 2017

Trump calls for investigation after U.S. intelligence agencies leak information about Manchester terror attack

Information the British shared with the U.S. after Monday’s terror attack in Manchester was leaked to The New York Times and other media outlets. British officials, including Prime Minister Theresa May and Manchester law enforcement, were upset with the leaks, prompting President Donald Trump to call for an investigation into how the sensitive information was given to the U.S. media. According to The Wall Street Journal, “A focus of U.K. outrage over leaks was the publication by the New York Times on Wednesday of official police photographs taken at the entrance hall of Manchester Arena where Monday’s blast occurred. The photos showed shrapnel and what the newspaper said were the remnants of a backpack, a switch and a battery that may have been used in the bombing.” The photos were taken after a suicide bomber murdered 22 people and injured more than 100 after an Ariana Grande concert. Manchester police temporarily stopped sharing information with the U.S. because of the leaks. They said that the information was upsetting to the families of victims of the attack and could harm the investigation. The leaking of classified and sensitive information has been an ongoing problem for the Trump administration. Trump threatened to prosecute those responsible for the leaks.

Verbatim Fact Check

Is Jon Ossoff a small business owner?

Georgia 6th Congressional District candidate Jon Ossoff's campaign website describes him as "a small business owner, executive, and entrepreneur." Political opponents including a senior contributing editor for the blog RedState and America Rising PAC are questioning that claim. Is Ossoff a small business owner? He is registered with the United Kingdom government as the managing director of a London-based documentary film company, and owned 50 percent of the company shares as of 2016. The company qualifies as a small business under UK law.

What's On Tap Next Week

Tuesday, May 30

Early in-person voting starts in Georgia’s 6th Congressional District

  • Early in-person voting begins in the special election runoff to fill the open seat representing Georgia’s 6th Congressional District. Democrat Jon Ossoff and Republican Karen Handel, as the top two vote-getters in the 18-candidate special election on April 18. In the first round of voting, Ossoff received 48.1 percent of the vote against Handel’s 19.8% of the vote. The runoff became necessary because no candidate reached the necessary 50 percent to win outright. Election day for the runoff is June 20, giving voters a three week voting window.

Wednesday, May 31

Federal judge in New Jersey to take senior status

Congress is in session

SCOTUS is in session

Members of Congress will be on Memorial Day recess next week. The Senate will return to Capitol Hill on Monday, June 5, and the House will return on Tuesday, June 6.

The U.S. Supreme Court has concluded arguments for this term. The court will hold a non-argument session on Tuesday, May 30, in which orders are expected and in which opinions in pending cases may be announced. To date, the court has issued opinions in 36 of the 71 argued cases this term.

Trump’s first foreign trip

On May 19, President Donald Trump departed Washington, D.C., for his first international trip as president. The eight-day trip took Trump to five different countries. The highlights from each day appear below.

Saudi Arabia

  • On Sunday, during a meeting with 55 leaders of Muslim-majority nations in Riyadh, Trump delivered a speech that focused on promoting peace by building partnerships to end extremism and terrorism. Trump said, "Our goal is a coalition of nations who share the aim of stamping out extremism and providing our children a hopeful future that does honor to God." During his speech, Trump outlined the following steps in the joint effort to end terrorism:
  • On Saturday, Trump landed in Riyadh, Saudi Arabia, becoming the first president to choose the KSA as a destination on his first foreign trip. When he arrived, he was greeted on the tarmac by King Salman. Trump signed a military arms deal with Saudi Arabia worth $350 billion over 10 years, with $110 billion that will take effect immediately. The deal was struck in an effort to contain Iran.
    • Deny sanctuary for terrorists;
    • Prevent the financing of terrorism;
    • Confront "the crisis of Islamist extremism and the Islamist terror groups it inspires;"
    • Stand "together against the murder of innocent Muslims, the oppression of women, the persecution of Jews, and the slaughter of Christians;"
    • Promote "the aspirations and dreams of all citizens who seek a better life – including women, children, and followers of all faiths;" and
      Practice "tolerance and respect for each other once again."

Israel

  • The second stop on Trump’s trip was Israel, where he met with Israeli Prime Minister Benjamin Netanyahu and President Reuven Rivlin on Monday. He also became the first sitting U.S. president to visit the Western Wall, the holiest site where Jews are allowed to pray. During a welcoming ceremony in Tel Aviv, Trump reiterated the United States’ commitment to Israel and encouraged Israel and its Arab neighbors to seek peace, saying, “We have before us a rare opportunity to bring security and stability to this region and to its people. We can only get there by working together. There is no other way.” Trump indicated that he sees Israel making peace with the Palestinians as part of an agreement to create an anti-Iran coalition. Trump was the first president to visit Israel this early in a presidency.
  • On Tuesday, Trump met with Palestinian Authority President Mahmoud Abbas in Bethlehem, and he once again delivered a message of peace but did not offer concrete steps for Israel and Palestine to take to achieve it. He then spoke of the importance uniting against terrorists and extremists and reiterated his call for Arab nations, Israel, and the U.S. to form a coalition to defeat terrorism.

Vatican City, Rome

  • On Wednesday, Trump traveled to Vatican City and met privately with Pope Francis. They discussed international affairs, promoting peace, health care, education, and immigration, according to a statement from the Vatican. The meeting was described as cordial, despite their differences on immigration and climate change, among other issues. After meeting with Pope Francis, Trump met with Italian Prime Minister Paolo Gentiloni.

Brussels, Belgium

  • On Thursday, Trump spoke with European Council President Donald Tusk and European Commission President Jean-Claude Juncker. The leaders discussed fighting terrorism, the conflict in Ukraine, policy on Russia, trade, and climate change. The meeting was described as cordial, despite Trump's past statements that were critical of the European Union. Trump then met with French President Emmanuel Macron, and the two leaders discussed security, counterterrorism issues, and maintaining the alliance between the U.S. and France. This meeting was also described as cordial, despite their disagreements on immigration, trade, and climate change.
  • After meeting with Macron, Trump spoke at a ceremony unveiling a memorial at the entrance to NATO headquarters. He called on NATO members to pay their fair share of defense spending—2 percent of GDP—and said that the underpayments of 23 of the 28 member nations harmed NATO's ability to fight terrorism. Trump also spoke about the memorial, which has a piece of steel from the World Trade Center and a portion of the Berlin Wall. The memorial symbolizes the principle of collective defense established in NATO Article 5. Article 5 was invoked after the September 11, 2001, terrorist attack. He said, “This twisted mass of metal reminds us not only of what we have lost, but also what forever endures -- the courage of our people, the strength of our resolve, and the commitments that bind us together as one."

Taormina, Italy

  • On Friday, Trump traveled to Taormina, Italy, for the first day of a two-day Group of Seven (G7) summit. He met with leaders from Canada, France, Germany, Italy, Japan, and the United Kingdom. Trump and leaders of the six other nations discussed terrorism, climate change, trade, and Russia. Trump also had one-on-one meetings with UK Prime Minister Theresa May and Japanese Prime Minister Shinzo Abe. Trump and May discussed a post-Brexit trade deal, and Trump and Abe discussed North Korea, agreeing to "enhance sanctions on North Korea, including by identifying and sanctioning entities that support North Korea's ballistic missile and nuclear programmes,” according to the White House.
  • After the G7 meeting concludes on Saturday, Trump is expected to address American and allied military personnel and their families before returning to Washington, D.C.

Where was the president last week?

Last Friday, President Donald Trump departed for Saudi Arabia, the first stop on his first international trip as president. He met with King Salman of Saudi Arabia and delivered a speech on fighting extremism and terrorism to 55 leaders of Muslim-majority nations. In Israel, he met with Prime Minister Benjamin Netanyahu and President Reuven Rivlin. He then met with Palestinian Authority President Mahmoud Abbas. Trump traveled to Vatican City and met with Pope Francis and Italian Prime Minister Paolo Gentiloni. In Brussels, Trump spoke with European Council President Donald Tusk, European Commission President Jean-Claude Juncker, and French President Emmanuel Macron. After the meetings, he spoke at NATO headquarters, calling on NATO members to pay their fair share of defense spending. He then attended the Group of Seven (G7) meeting in Taormina, Italy.

Federal Judiciary

  • 139 total federal judicial vacancies
  • 9 pending nominations
  • 23 future vacancies

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Back to top for State and Local updates

State and Local

The week in review: May 20 - May 26
What's on tap next week: May 27 - June 2

Highlights

State

  • On Monday, May 22nd, the Kansas House voted 53-68 against repealing a series of tax cuts passed by the Legislature in 2012. The tax cuts, which were supported by Gov. Sam Brownback (R), reduced the state’s income tax brackets from three to two. The original rates were 6.5 percent, 6.25 percent, and 3.5 percent, depending on an individual’s annual income. The 2012 legislation dropped those rates to 4.9 and 3 percent. It also established state income tax exemptions for more than 300,000 farmers and business owners throughout Kansas.
  • Republican and Democratic supporters of the repeal argue it is needed to address a projected $887 million revenue shortfall in Kansas’ budget over the next two years and to respond to a state Supreme Court ruling in March that state funding for K-12 education has failed to meet constitutional requirements. Opponents of the repeal aligned with Brownback, arguing that it would amount to a tax hike. They were joined in the House vote by some Democrats who argue that a repeal is not enough to fund education in the state.
    • In February 2017, Brownback vetoed legislation seeking to roll back the tax cuts, saying, “This is bad policy for Kansas. This will hurt growth in this state. Growth is what we need.” In response, the House voted 85-40 to override the veto, but the Senate voted 24-16 against it—three votes shy of the 27 needed for the override to pass.
    • On May 10, in a 22-18 vote, the state Senate rejected a similar bill that also proposed rolling back cuts to state income taxes. Proponents of the bill argued that it would have generated more than $1 billion in revenue over a span of two years.
    • Kansas is one of 25 Republican state government trifectas. Republicans have a 85-40 majority in the House and a 31-9 majority in the Senate.
    • In the 2016 elections, 14 Republican lawmakers aligned with Brownback were defeated by Republicans who ran on platforms opposed to the governor and the 2012 tax cuts. The reverse of this happened in 2012, when Republican challengers aligned with Brownback defeated eight Republican incumbents opposed to him.
    • Brownback was first elected in 2010 and won re-election in 2014. He is term-limited in 2018.
    • Kansas’ regular legislative session was originally projected to end on May 19. It began on January 9. The Legislature initially set the legislative budget for 100 days in 2017. The 100th day was on Wednesday, May 24th. Each additional day costs between $43,000 and $45,000. The Kansas Constitution imposes no limits on the number of days the Legislature can meet in odd-numbered years. The next fiscal year begins on July 1, 2017.

Local

  • On Tuesday, May 23rd, Alaska Superior Court Judge Erin Marston ruled that a recall election against three members of the city council in Homer, Alaska, should proceed as scheduled on June 13, 2017. The recall was initiated after council members Donna Aderhold, David Lewis, and Catriona Reynolds voted to approve a resolution in 2016 opposing the Dakota Access Pipeline. The three also expressed support for sanctuary policies, although the council never voted on such a resolution. The lawsuit, filed by the ACLU of Alaska, claimed that the recall effort infringed on what they said were the elected officials' free speech rights. Judge Marston ruled that public officials are unable to use free speech rights to prevent recall efforts by private individuals. Homer had an estimated 5,003 residents in 2010, according to the United States Census Bureau.

State Politics: The Week in Review

Ballot Measures Update

2017:

2018:

Monday, May 22

Texas State Legislature Passes Bill Granting Legal Protections To Faith-Based Adoption Agencies

  • The Texas State Senate voted 21-10 in favor of a bill permitting publicly funded faith-based adoption and foster-care agencies to refuse to offer their services to individuals or organizations due to religious objections. The bill also allows faith-based child welfare organizations to place children in religious schools and to refuse to do business with organizations that do not align with their religious beliefs. Opponents of the bill argue that it allows for discrimination against LGBT children and couples and that the bill’s language is vague. Supporters say that the bill does not allow for discrimination and that it encourages faith-based organizations to become more active in child welfare in the state. The Texas Tribune reports that 25 percent of adoption and foster-care agencies in Texas identify as faith-based. Similar laws have been enacted in Michigan, North Dakota, South Dakota, and Virginia. The House passed the bill earlier this month in a 93-49 vote. Texas is one of 25 Republican state government trifectas.

Missouri Begins Special Legislative Session

  • Missouri began a special legislative session. The regular session ended on May 12. Gov. Eric Greitens (R) called the special session in order to debate legislation related to utility rates for steel and aluminum plants in southeast Missouri. The legislation seeks to allow the state’s Public Service Commission to approve lower electricity rates for a new steel plant in the area and an older aluminum smelter that officials are trying to reopen. Supporters of the legislation say it will help create jobs. Opponents say it could increase electricity rates for households throughout the state. Each week the Legislature is in special session costs between $78,000 and $128,000, most of which results from lawmakers’ per-diem, mileage rates, and compensation for legislative staff. Missouri is one of 25 Republican state government trifectas. The state operated under divided government from 2009 to 2016, with Republicans in control of the Legislature and Democrats in control of the governor’s mansion. With Greitens’ elections in 2016, the state became a Republican trifecta.

Texas Legislature Puts Constitutional Amendment Regarding Charitable Raffles On Ballot

  • The Texas State Senate gave the final approval required to put a constitutional amendment—House Joint Resolution 100—on the November 2017 ballot. HJR 100 would expand the number of sports teams that could conduct charitable raffles. It would give a specific definition to professional sports team for the purpose of deciding which charitable foundations are allowed to hold raffles. In 2015, voters passed Proposition 4, which authorized professional sports team charitable foundations in existence on January 1, 2016, to operate charitable raffles. HJR 100 would also remove the restriction that prevented professional sports team charitable foundations formed after January 1, 2016, to operate charitable raffles. In Texas, a two-thirds vote in both chambers of the Texas State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority in both chambers.

Tuesday, May 23

Maine Supreme Court Says Ranked Choice Voting Initiative Is Unconstitutional

  • The Maine Supreme Judicial Court unanimously advised the state legislature that ranked-choice voting—in which candidates are ranked according to preference and votes are tabulated until a candidate receives a majority—violates the Maine Constitution. In November 2016, voters approved Question 5, a citizen initiative requiring the use of ranked choice voting—also known as instant-runoff voting—to elect U.S. senators, U.S. representatives, the governor, state senators, and state representatives. On February 2, 2017, the state Senate voted 24-10 to ask the Maine Supreme Judicial Court to review and issue an opinion on Question 5. The court’s non-binding decision was a response to that request and stated that the constitution requires a plurality to win an election and that ranked choice voting violates that provision in the constitution. The court opinion provided the legislature with two options: either repeal the initiative or put a constitutional amendment before voters that would allow for the implementation of ranked choice voting. To put a constitutional amendment on the ballot, the legislature would need a two-thirds vote in both chambers of the legislature. To repeal the initiative, a simple majority vote in both chambers would be required. Maine is one of 12 states in which there are no restrictions on how soon or with what majority a state legislature can repeal or amend a citizen initiative. Since Republicans control the state Senate and Democrats control the state House, bipartisan support would be required for both a constitutional amendment and a bill to repeal the initiative. Maine is one of 19 states under divided government.
    • On Thursday, the Maine legislative leadership allowed two bills to be introduced; a constitutional amendment sponsored by Sen. Cathy Breen (D-25) to allow for ranked choice voting and a bill sponsored by Senate Majority Leader Garrett Mason (R-22) to repeal the initiative. Permission from the legislative council was required since the deadline for introducing new legislation had passed.
    • House Minority Leader Ken Fredette (R-100) said, "There’ll be no republican support for a constitutional amendment coming to the floor or whatnot."
    • Question 5 was approved by a margin of 2.12 percent in November 2016.

Washington Begins Second Special Session As Lawmakers Continue Debate Over Education Funding

  • The Washington State Legislature ended one special session and began another as lawmakers continue budget negotiations. Washington’s regular 2017 session began on January 9 and ended on April 23. Gov. Jay Inslee (D) called for a special 30-day session to begin on April 24. That session ended on Tuesday, and Inslee immediately called for an additional special session to begin.
  • Budget negotiations in Washington have centered on the issue of funding education. In 2012, the Washington Supreme Court ruled that the state was underfunding education and required the legislature to ensure full funding for K-12 education by 2018. Inslee and Democratic lawmakers in the state have proposed tax increases to increase funding for education, while Republican lawmakers have argued that the state can meet most of the requirements of the 2012 state Supreme Court ruling primarily through currently-existing sources of revenue. The new fiscal year begins on July 1—by which time, parts of the government could shut down if lawmakers fail to agree on a spending plan.
  • In December 2016, Inslee proposed a $46.7 billion two-year budget, a 20 percent increase over the state’s $38.2 billion budget in 2015-2016. Included in Inslee’s proposal was $2.75 billion for teacher and school employee salaries in compliance with the 2012 state Supreme Court ruling.
  • Washington is one of 19 states under divided government. Republicans control the senate 25-24 due to one Democratic lawmaker who caucuses with Republicans. Democrats have a 50-48 majority in the house. Special elections to fill five seats in the Senate and three seats in the House will take place on November 7, 2017. The 2017 special elections give Democrats an opportunity to regain control of the Senate and restore a previously-held trifecta. A key race in the Senate will be District 45. Andy Hill (R), who previously held the seat before dying of lung cancer in October 2016, won election to District 45 by less than two points in 2010. He won re-election in 2014 by five points. The district is located in King County, which Democrat Hillary Clinton won in the 2016 presidential election by almost 50 points. Clinton won District 45 with 64 percent of the vote.

Four special elections held; Democrats flipped two districts that Trump won in 2016

  • On Tuesday night, Democrats flipped two state legislative seats: one in District Carroll 6 of the New Hampshire House and another in District 9 of the New York Assembly. Both of these districts went for Trump in 2016. These are the first two state legislative seats that Democrats have flipped in 2017. Neither of the seats that Democrats picked up had a significant impact on their respective chambers. Republicans hold a 221-170 majority in the New Hampshire House. Democrats hold a 106-42 majority in the New York Assembly.

Minnesota Governor And Legislature Reach Budget Deal In Special Session

  • Minnesota began a special legislative session after the regular session ended on Monday without a finalized budget deal between the governor’s office and Legislature. Earlier this month, Gov. Mark Dayton (D) vetoed a series of 10 budget bills passed by the Republican-controlled Minnesota Legislature. He cited as his reasoning for the vetoes a series of policy proposals that legislators added to the budget bills. The proposals include preemption laws prohibiting cities from passing minimum wage ordinances, changes to procedures for laying off teachers, eliminating the state’s health insurance exchange, and increased penalties for demonstrators who block interstate freeways.
  • On Tuesday, The Star Tribune reported that Dayton and legislative leadership had reached a deal on a two-year $46 billion budget that included tax cuts, increased funding for transportation and education, and a plan to borrow close to $1 billion for infrastructure projects. In addition, Republicans agreed to remove from the budget policy proposals related to local minimum wage ordinances and increased penalties for demonstrators, while Dayton agreed to a proposal prohibiting the state from issuing driver’s licenses to immigrants living in the country without legal authorization.
    • Minnesota’s regular session began on January 3. The current fiscal year ends on July 1, 2017.
    • Minnesota is one of 19 states under divided government. Democrats control the governorship, while Republicans have a 77-57 majority in the House and a 34-33 majority in the Senate. Democrats had a 38-28 majority in the Senate prior to the 2016 elections, and the state was a Democratic trifecta from 2013-2014.

Nebraska’s Legislative Session Ends

  • Nebraska’s regular legislative session came to an end. The session began on January 4. Last week, Governor Ricketts line-item vetoed $56.5 million in spending in the state’s two-year $8.9 billion budget plan. The vetoes focused on funding for the University of Nebraska and state programs that provide assistance to Medicaid recipients and individuals with developmental disabilities. Ricketts cited a decline in state revenues as his reasoning for the vetoes and stated, “When Nebraska families see their income go down, they tighten their belts and they're expecting us to do the same thing.” Lawmakers in the state’s unicameral legislature attempted to restore $32.4 million of the $56.5 million that Ricketts vetoed but fell three votes short of the 30 votes needed for a veto override. Nebraska is one of 25 Republican state government trifectas.

Hearing Set In Defamation Lawsuit Between Virginia GOP Candidates For Lt. Gov.

  • A hearing has been scheduled for June 9 for a defamation lawsuit involving two Republican candidates for lieutenant governor of Virginia. State Senator Bryce Reeves (R) alleges that Sen. Jill Holtzman Vogel (R) has used an email address under a fake name to spread rumours that he is having an affair. According to The Washington Post, internet records allegedly show that the emails are linked to Vogel’s home IP address and her husband’s cellphone. Vogel has denied the accusations. Reeves filed a lawsuit against Vogel in the Stafford County Circuit Court.
  • The primary election for lieutenant governor will take place on June 13. In addition to Reeves and Vogel, Rep. Glenn Davis also filed for the GOP nomination. Three Democrats filed for the seat: former federal prosecutor Justin Fairfax, assistant U.S. attorney Gene Rossi, and political consultant Susan Platt. Incumbent Lt. Gov. Ralph Northam (D) is running for governor.
  • Primaries for governor and the House of Delegates will also take place on June 13.
    • Incumbent Virginia Governor Terry McAuliffe (D) is term-limited. Two Democratic candidates and three Republican candidates filed for the seat. The race is considered a toss-up by five outlets tracked by Ballotpedia. Candidates for governor and lieutenant governor run on separate tickets in Virginia.
    • In the House, all 100 seats are up for election in 2017. Republicans currently hold a 66-34 majority in the chamber. Democrats would need to flip 17 districts in order to take control of the chamber. In the 2016 presidential election, Democrat Hillary Clinton defeated Republican Donald Trump in 51 out of 100 Virginia House districts. Clinton won the state as a whole 49.7 percent to 44.4 percent. The House of Delegates primary election on June 13 will feature 26 contested primaries: 20 Democratic races and six Republican races. This is an increase from 2015 and 2013. In 2015, there was a total of 10 contested primaries: six Democratic races and four Republican races. In 2013, there was a total of 12 contested primaries: three Democratic races and nine Republican races.
    • Virginia is one of 19 states under divided government. Republicans control both chambers of the legislature, while Democrats control the governorship.

Texas Legislature Puts Four Constitutional Amendments On The Ballot

  • Texas legislators gave the final approval required to put four constitutional amendments on the November 2017 ballot. SJR 1 would authorize the legislature to provide a property tax exemption for the residence homes of surviving spouses of first responders killed in the line of duty. SJR 6 would authorize the legislature to pass laws requiring courts to inform the state attorney general of a legal challenge to the constitutionality of a state law. SJR 34 would provide that unsalaried officials appointed by the governor with consent of the state Senate cannot be in office beyond the end of the legislative session following the expiration of their terms. HJR 21 would authorize the legislature to provide to partially disabled veterans a property tax exemption equal to the percentage of their disability if the veteran's home was donated to him or her by a charity for less than market value; currently, veterans only apply for this exemption if their house was donated at no cost to the veteran. In Texas, a two-thirds vote in both chambers of the Texas State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers.

Wednesday, May 24

Iowa Lt. Gov. Kim Reynolds Succeeds Gov. Terry Branstad And Appoints New Lt. Gov

  • Lt. Gov. Kim Reynolds (R) was sworn into office as Governor of Iowa, following the resignation of Terry Branstad (R). The U.S. Senate confirmed Branstad as the next U.S. ambassador to China in a 82-13 vote. Branstad served as governor from 1983 to 1999 and 2011 to 2017—a total of 8,169 days—making him the longest serving governor in U.S. history. Reynolds was first elected in 2010 and won re-election in 2014. She is Iowa’s first female governor.
  • On May 25, Reynolds appointed State Public Defender Adam Gregg (R) as lieutenant governor. Gregg, however, will not be part of the line of succession for governor. Instead, in the event that Reynolds vacated the governorship, succession would fall to Senate PresidentJack Whitver (R), who is third in the line of succession for governor. Gregg will still fulfill any administrative or ceremonial duties that come with the office and will receive a salary that is currently set at $103,212 per year.
    • The arrangement of Gregg’s appointment is in response to a legal opinion issued earlier this month by Iowa Attorney General Tom Miller (D). He stated that Reynolds does not have the legal authority to appoint a new lieutenant governor. He argued that Reynolds would effectively hold both offices simultaneously and that the office of lieutenant governor would technically not be vacant. Miller has stated that a constitutional amendment would be necessary to allow Reynolds to appoint a successor. Under his argument, no one would hold the official title of lieutenant governor of Iowa until 2019, following an election in November 2018. Miller’s opinion does not carry the force of law but could be used by other parties in a legal challenge.
    • Gregg was appointed as State Public Defender by Branstad in 2014. That same year, he ran against Miller for attorney general and lost 43.8 percent to 56.1 percent.
    • Article IV, Section 18 of the Iowa State Constitution describes the duties of the lieutenant governor as follows: “The lieutenant governor shall have the duties provided by law and those duties of the governor assigned to the lieutenant governor by the governor.”
    • Iowa is one of 25 Republican state government trifectas and is one of nine states with a Republican governor and a Democratic attorney general. There are four states with a Democratic governor and a Republican attorney general.

Special Session Begins In New Mexico As Budget Negotiations Between The Legislature And Governor Resume

  • A special session began in New Mexico as legislators and Gov. Susana Martinez (R) resumed budget negotiations. The current conflict started in March after the Democratic-controlled Legislature sent a $6.1 billion budget to Martinez that included spending and tax increases. Martinez used line-item vetoes to reject the tax increases, defund the legislature (about $19 million), and cut $745 million in funding for state universities and community colleges. Leadership in the legislature responded by filing a lawsuit, arguing that Martinez had overstepped her constitutional authority with the line-item vetoes. The New Mexico Supreme Court, however, decided not to proceed forward with the case, stating that the case was “not ripe for review” and that Martinez had called for a special legislative session.
  • On the first day of the special session, both chamber attempted and failed to override Martinez’s vetoes. The House voted 39-29. A total of 46 votes were needed. The Senate voted 26-15. A total of 28 were needed. Democrats have a 38-32 majority in the House and a 26-16 majority in the Senate. Later, both chambers passed a new spending plan that reallocated enough money to cover funding for higher education and the legislative branch. The House approved the plan 46-20, while the Senate approved it 37-4. As of May 25, Martinez’s stance on the proposal was not yet known.
  • New Mexico’s next fiscal year begins on July 1. Without an agreement, the fiscal year will begin without funding for the legislative branch and state colleges and universities. New Mexico’s regular session in 2017 ran from January 17 to March 18. According to the Santa Fe New Mexican, special sessions cost about $50,000 per day. Martinez added to the special session agenda a tax reform proposal and confirmation hearings for university regent nominees. Martinez made two nominations earlier this year, but the Senate did not hold confirmation hearings for them. Senate President Pro TemMary Kay Papen (D) has stated that the state Senate will not conduct confirmation hearings for Martinez’s regent nominees. Martinez has stated that the delays in confirming her nominees violate the state constitution.
  • The state is one of 19 states under divided government.

Vermont Governor Vetoes Marijuana Legalization Bill

  • Vermont Gov. Phil Scott (R) vetoed a bill that would have legalized recreational marijuana in the state. On May 10, the Vermont Legislature became the first state legislature in the country to approve marijuana legalization. The eight states that have already approved marijuana legalization did so through statewide ballot measures. The bill in Vermont would have allowed individuals to possess up to one ounce of marijuana and, by July 2018, up to two mature marijuana plants. It also sought to establish a commission to study methods for taxing and regulating recreational marijuana. The House passed the bill 79-66. The Senate passed it 20-9. Scott stated that he intends to send recommended changes to the bill to the legislature, adding, “I am not philosophically opposed to ending the prohibition on marijuana. … We must get this right. I think we need to move a little bit slower.” Scott sent the Legislature a list of proposed changes to the bill that included clarification of penalties for selling marijuana to minors and a call for a broader membership on the study commission. Democrats in the Legislature indicated a willingness to discuss the changes. Chairman of the House Judiciary Committee Maxine Grad (D) stated, “While I'm disappointed, it could've been a veto and nothing else, so I do see that as an opening.”
  • The Legislature will reconvene in July for a two-day veto session. Veto overrides in Vermont require two-thirds majorities (of those present) in both chambers to override the veto. Vermont is one of 19 states under divided government. Republicans control the governorship, while Democrats have majorities in the House and Senate.

Friday, May 26

Oklahoma Legislative Session Scheduled To End

  • Oklahoma’s legislative session, which began on February 6, is scheduled to end. Throughout the session, lawmakers debated about a projected $878 million shortfall in its $6.8 billion budget bill. Proposals to address the gap included cuts to government services and tax increases on goods such as cigarettes, gas, and car sales.
  • On May 16, the House rejected a series of tax increases that supporters argued would have generated $342 million per year. On May 24, in a 28-18 vote, the Senate passed a tax increase on cigarettes amounting to $1.50 per pack that comes on top of a $1.03 per-pack tax. On May 23, the House passed a $110 million sales-tax increase on new and used car sales in a 52-47 vote.Some Democrats have opposed the bills, arguing that they increase taxes on middle-class residents. They have also questioned the constitutionality of the bills, saying that state law prohibits the passage of revenue increases in the final days of a legislative session and that tax bills require supermajorities. Republican leadership has responded by saying that neither bill is a tax increase. They argue that the bill related to cigarettes is about funding efforts to decrease smoking in the state, while the bill on car sales removes an exemption as opposed to increasing a rate. A special session would be required if the budget fails to pass during the regular session.
  • Oklahoma is one of 25 Republican state government trifectas. Republicans have a 72-26 majority in the House and a 40-6 majority in the Senate.

Special Elections

As of this week, 24 state legislative seats have been filled through special elections in 2017 and another 31 special elections have been scheduled in 19 states.

Due to redistricting, additional state legislative special elections may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court, however, issued an order on January 10, 2017, halting the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order.

  • An average of 89 seats were filled through special elections in each of the past three odd years (2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

May 27, 2017

May 30, 2017

State Politics: What's On Tap Next Week

Saturday, May 27

Special election runoff to fill a vacancy in the Louisiana State Senate

Sunday, May 28

Joe Biden To Campaign For New Jersey Democratic Gubernatorial Candidate

  • Former Vice President Joe Biden (D) will campaign with Phil Murphy (D), who is running for governor of New Jersey. Murphy is a former U.S. ambassador to Germany. Biden will appear with Murphy at two events on Sunday. Murphy will face five Democratic opponents in the June 6 primary election. Incumbent Gov. Chris Christie (R) is term-limited. The general election will take place on November 7.
    • Recent polls show Democratic frontrunner Phil Murphy with a lead of more than 20 percent over Republican frontrunner Kim Guadagno. New Jersey went to Hillary Clinton in 2016 with more than 55 percent of the electorate
    • New Jersey is one of 19 states under divided government. Republicans control the governorship, while Democrats have a 52-28 majority in the Assembly and a 24-16 majority in the Senate. Both chambers of the legislature are holding elections in 2017. All 40 seats are up for election in the Senate, and all 80 seats are up for election in the Assembly.

Monday, May 29

Texas Legislative Session Scheduled To End As Key Bills Remain Undecided

  • Texas’ legislative session is scheduled to come to an end. It began on May 29. The Legislature continues negotiating a $215 billion spending plan. Much of the 2017 legislative session, however, has been dominated by debates over education, immigration, and legislation that concerns bathroom usage.
    • Education: Republicans in the Houseproposed $1.5 billion in spending for education and a plan to restructure the state’s formulas for allocating money to public schools. Republicans in the Senate proposed their own education funding bill that involved a $530 million spending plan and a proposal to subsidize tuition to private schools. Negotiations between the two chambers broke down on Wednesday, leading Lt. Gov. Dan Patrick (R) to declare the bill dead.
    • Immigration: On May 3, the Legislature passed legislation banning sanctuary jurisdictions. In general, the term sanctuary jurisdiction may refer to a city, county, or state that has enacted policies which limit the involvement of local officials in the enforcement of federal immigration law. Senate Bill 4 makes it a Class A misdemeanor for Texas law enforcement officials who fail to comply with federal immigration policy or refuse to cooperate with federal immigration authorities. The bill also allows law enforcement officials in Texas to question an individual’s immigration status during detainment. Critics of the legislation have stated that it encourages profiling based on race or ethnicity and will discourage cooperation between law enforcement and immigrant communities. Supporters have said that it will help reduce unauthorized immigration and make the state safer.
    • Bathroom usage: On May 22, the House approved a bill 94-51 requiring students in Texas schools to use bathrooms that correspond to their biological sex. The bill also requires schools to have single-occupancy bathrooms for students who prefer not to use a bathroom corresponding with their biological sex. Supporters of the bill say that is makes bathrooms safer. Opponents say that it discriminates against transgender students and makes bathrooms less safe for them. If the bill becomes law, Texas would become the first state to pass legislation requiring students to use bathrooms that correspond to their biological sex, though 15 other states have considered similar legislation, so far, in 2017. Last year, North Carolina passed a law requiring individuals to use bathrooms in state-owned buildings that correspond to the sex listed on their birth certificates. That law was repealed in March 2017.
    • Texas is one of 25 Republican state government trifectas.

Tuesday, May 30

Wednesday, May 31

  • Illinois’ legislative session is scheduled to end. It began on January 11. On May 23, the state Senate approved a $37.3 billion spending plan that included a $5.4 billion tax increase. Under the bill, the personal income tax rate would increase from 3.75 percent to 4.95 percent. The state sales tax would be expanded to include goods and services not previously covered. Illinois lawmakers have been unable to agree on a state spending plan since the summer of 2015—the longest any state has gone without an approved budget in recent history, according to The Associated Press. The state has a deficit of almost $6 billion. It’s fiscal year ends on June 30, 2017. Illinois is one of 19 states under divided government. Democrats have a 67-15 majority in the House and a 37-22 majority in the Senate. Republicans control the governorship.
  • See also: Illinois state budget and finances

Filing Deadline for Special Election to Fill Florida State Senate District 40

  • May 31 is the filing deadline for candidates wishing to run in the special election to fill Florida State Senate District 40. The district is located in the Miami area. The seat became vacant on April 21 after Republican incumbent Frank Artiles resigned due to an incident in which he used a racial slur in front of two black state senators. Artiles was first elected to the seat in 2016, defeating Democratic incumbent Dwight Bullard in the general election. Despite Bullard’s defeat, Democratic presidential nominee Hillary Clinton won the district by a 57-40 margin, which will likely make this a closely-contested special election. The special election will occur on September 26, 2017, with a special primary election deciding the major party candidates on July 25. Republicans currently hold a 24-15 advantage in the Florida State Senate. Florida is one of 25 Republican state government trifectas.
  • Democratic candidates who have already filed for election include Annette Taddeo and Ana Rivas Logan. Taddeo is a small business owner and pundit on Spanish broadcasts. Logan was a member on the Miami-Dade School Board and served in the state House from 2010 to 2012.
  • Republican candidates running include Jose Felix Diaz, Alex Diaz de la Portilla, and Lorenzo Palomares-Starbuck. Required by state resign-to-run laws, Diaz announced his resignation from the state House effective September 26. Diaz de la Portilla served in the state Senate from 2002 to 2010. Palmares-Starbuck works as an attorney.
Image
Map of state government trifectas

Local Politics: The Week in Review

Elections Update

Monday, May 22

Fourth candidate announces run for New Orleans Mayor

  • Former New Orleans Municipal Court Judge Desiree Charbonnet announced she is running for the open mayoral seat in that city. Charbonnet joins New Orleans City Councilwoman LaToya Cantrell, former judge Michael Bagneris, and businessman Frank Scurlock as declared candidates, and both Charbonnet and Cantrell are vying to become the first female mayor in the city’s history. Incumbent Mayor Mitch Landrieu is term-limited. New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S. by population.

Providence City Council holds off enacting rule to allow it to remove council President

  • The Providence City Council abandoned consideration of a proposed rule change that would have enabled the council to remove its president from that position by vote of a two-thirds majority. Instead, the city council decided to have its rules committee review its entire rule book, which was last updated in 2007. The change was considered after Luis Aponte, the former City Council President, was indicted on charges of embezzlement and misuse of campaign funds, but before he resigned on May 19. Aponte became the second Providence City Council member to leave office this month; councilman Kevin Jackson was recalled from office on May 2 after his indictment for embezzlement in 2016. The Providence City Council consists of 15 members elected by district. Providence is the capital of and largest city in Rhode Island.

Seattle City Council approves more citizen oversight of police

  • The Seattle City Council unanimously approved a plan that aims to increase citizen and community oversight over the city’s police department. The terms of the legislation, which still requires judicial approval, must also be negotiated with Seattle’s police unions. The plan would create what it calls a civilian inspector general that would review the internal operation of the police department and perform oversight of disciplinary proceedings. Civilians would also be more involved in internal department investigations. Seattle’s police department has operated under federal Justice Department review since 2012 due to concerns over bias and inappropriate use of force. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.

Tuesday, May 23

Minneapolis mayor gives State of the City address

  • Minneapolis Mayor Betsy Hodges (D) gave the final State of the City address of her first term, less than six months before she faces re-election on November 7, 2017. Hodges gave her speech at a mosque in north Minneapolis to demonstrate her support of the city’s Muslim community. She emphasized job growth, increased construction, and new public safety programs. Although the filing deadline for this year’s election isn’t until August 15, 2017, several area Democrats have already announced their intention to run against Hodges. Minneapolis is the largest city in Minnesota and the 46th-largest city in the United States by population.

Filing deadline passes in Boston

  • The filing deadline passed for mayor and all 13 city council seats in Boston. Candidate lists are not yet available since the city elections department has until June 27, 2017, to verify signatures on candidate petitions. Mayor Martin Walsh is running for re-election to a second term. A nonpartisan primary election will be held on September 26, 2017, for those races where three or more candidates filed to run. The top two candidates will advance to a general election on November 7, 2017. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.

Oregon city council members recalled

  • Two city council members in Gladstone, Oregon, were recalled in an election conducted entirely by mail. City Council President Kim Sieckmann and Steve Johnson were both voted out of office by similar 57%-43% margins. The recall was initiated by Bill Osburn, a former city council candidate. Osbourn alleged that both council members were unprofessional, and he accused them of supporting illegal contracting and questionable hiring practices in city affairs. Sieckmann and Johnson argued that the complaints made against them were without merit, and that they were being attacked for supporting needed changes in the city. Gladstone was home to an estimated 11,497 residents in 2010, according to the United States Census Bureau.

Phoenix approves $4 billion budget

  • The Phoenix City Council approved a city budget for the next fiscal year totalling about $4 billion. The spending plan is mostly focused on funding existing programs and services, although the city does expect to hire additional police officers and park rangers, primarily from special revenue funds. While city officials used accumulated surpluses to balance this budget, payments to the state-run pension system for police and firefighters are expected to increase 20 percent next year. The city forecasts that next year’s pension expenses will be three times what they were ten years ago. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.

Wednesday, May 24

Nashville Mayor proposes expanded light-rail plan, advocates tax referendum to fund it

  • Nashville Mayor Megan Barry announced her intention to advocate for a tax referendum in 2018 to fund an overhaul of transit and transportation in the city, starting with a light-rail network. Barry expressed her support for a transit plan for the region that would cost $6 billion and take 25 years to complete. Tennessee lawmakers recently passed a law, signed by Gov. Bill Haslam (R), which gives municipalities the authority to hold local tax referendums to fund transit projects. Recent polling suggests over 60 percent of city residents support a tax increase to improve public transportation. Nashville is the 2nd-largest city in Tennessee and the 25th-largest city in the U.S. by population.

Thursday, May 25

Denver Mayor signs sentencing reform law

  • Denver Mayor Michael Hancock signed a sentencing reform law for the city which sets the maximum penalty for non-violent offenses at fewer than 365 days, in a move designed to prevent non-US citizens from being subject to deportation for minor offenses. The new sentencing guidelines also authorize harsher penalties for hate crimes in the city. Hancock indicated that these new proposals represented a response to what he called the nation’s “broken immigration system,” while still protecting residents’ safety. Denver is the largest city in Colorado and the 22nd-largest city in the U.S. by population.

Cincinnati Mayor unveils budget

  • Cincinnati Mayor John Cranley unveiled his $1.6 billion budget proposal for the upcoming fiscal year, emphasizing its spending on programs for low-income neighborhoods as well as anti-drug initiatives. His plan does not raise the cost of parking tickets in the city, which had been originally proposed by the city manager as a way to balance Cincinnati’s budget. Cranley, who is running for re-election to a second term, finished second in the city’s mayoral primary on May 2, 2017, to City Councilwoman Yvette Simpson. Cincinnati is the 3rd-largest city in Ohio and the 65th-largest city in the U.S. by population.

What's On Tap Next Week

Tuesday, May 30

Wisconsin school board members face recall

  • A vote on whether to recall Mark Strozinsky and Frederic Iausly from their positions on the nine-member River Valley School District school board will take place in Wisconsin. The recall was initiated in 2016 after the board decided in a 6-3 vote to close two elementary schools to reduce the district’s budget deficit. Strozinsky and Iausly both voted in favor of closing the two schools. Iausly is running against former school board member Herman Kaldenberg, whom he unseated to win election in 2015.

Wednesday, May 31

Filing deadline in Albuquerque

  • The filing deadline will pass for candidates to run in nonpartisan general elections for five of nine seats on the Albuquerque City Council. These elections will take place on October 3, 2017, and if no candidate receives a majority of votes in any race, runoff elections will take place on November 7, 2017. Albuquerque will also hold elections for mayor on the same dates; the filing deadline for candidates wishing to run in the mayoral election was March 31, 2017. Albuquerque is the largest city in New Mexico and the 32nd-largest city in the U.S. by population.

Filing Deadlines in Phoenix, Tucson

  • The filing deadline will pass for candidates to run in nonpartisan general elections for four of nine seats on the Phoenix City Council. These elections will take place on August 29, 2017, and if no candidate receives more than 50 percent of the vote, runoff elections will take place on November 7, 2017. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.
  • The filing deadline will pass for candidates to run in partisan primary elections for three of seven seats on the Tucson City Council. This election will take place on August 29, 2017, with the general election taking place on November 7, 2017. Ward 3 incumbentKarin Uhlich (D) has already announced that she is not running for re-election. Tucson is the 2nd-largest city in Arizona and the 33rd-largest city in the U.S. by population.

Thursday, June 1

Filing deadline in Wichita

  • The filing deadline will pass for candidates to run in nonpartisan elections for three of seven seats on the Wichita City Council. If three or more candidates file to run for an office, a primary election will take place on August 1, 2017. The top two candidates will then advance to a general election on November 7, 2017. In two of the three districts, the incumbent is unable to run for re-election because of term limits. Wichita is the largest city in Kansas and the 49th-largest city in the U.S. by population.

Filing deadlines for school board elections in Kansas

  • The filing deadline will pass for candidates to run in nonpartisan elections for 24 school board seats in seven of the largest school districts in Kansas by enrollment. The general election will be held on November 7, 2017. Among the school boards holding elections in Kansas are the Wichita Public School board, the largest school district in the state. A total of 178,129students were served by these seven districts during the 2014-2015 school year—approximately 36.4 percent of all public school students in the state.

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