The Tap: House takes first step in replacing Obamacare

May 6, 2017Issue No. 64

The week in review: April 29 - May 5
What's on Tap next week: May 6 - May 12

Navigate The Tap by clicking the tabs below:

Federal

 

 

The week in review: April 29 - May 7
What's on tap next week: May 8 - May 12

What's on tap? The U.S. House of Representativespassed the American Health Care Act of 2017 (AHCA), a reconciliation bill that proposes modifying the budgetary and fiscal provisions of the Patient Protection and Affordable Care Act (ACA), also known as Obamacare, by a vote of 217-213. After a failed attempt at replacing elements of the ACA in March, House Republicans developed a revised version of the AHCA. Members of the House Freedom Caucus, who initially opposed the bill, announced their support for the AHCA on April 26, 2017, after an amendment that would allow states to opt out of some provisions of the ACA was introduced. Although the amendment earned the support of the House Freedom Caucus, Co-Chairman of the Tuesday GroupCharlie Dent (R-Pa.) expressed doubt that centrist Republicans would change their votes. In an attempt to earn support for the AHCA from centrists, Rep. Fred Upton (R-Mich.) introduced an amendment that would provide states with an additional $8 billion over five years to fund high-risk pools for individuals with preexisting conditions. The changes were enough to get the GOP the 216 votes they needed. Two hundred and seventeen Republicans voted to approve the bill. Twenty Republicans and 193 Democrats voted against the bill.

• What do Senate Republicans think of the bill? The bill will now head to the Senate for consideration where it is expected to undergo changes. Sen. Roy Blunt (R-Mo.) said that the upper chamber will spend time changing the bill and not rush it through to a vote. He said, “I can’t imagine there will be a rush to take up the bill as much as a real concentrated effort to find where the 51 votes might be if the 51 votes are still available.” Some Senate Republicans have expressed opposition to the bill because of the changes it would make to Medicaid and the likelihood that it would make healthcare unaffordable for low-income families and individuals age 50 to 65. Additionally, some Republicans oppose the bill because they do not think that it would lower premiums.
• What do Senate Democrats think of the bill? In the bill’s current form, all Senate Democrats oppose the AHCA. Senate Minority Leader Chuck Schumer (D-N.Y.) said, “This bill is going nowhere fast in the United States Senate. Senate Republicans should refuse to follow their House colleagues over a cliff, reject repeal, and work with Democrats to improve our healthcare system in a bipartisan way.”
• What happens if the Senate passes the bill? First of all, Republicans hold 52 seats in the Senate, and they need 51 votes to pass the AHCA. Because no Democrats are expected to vote for the AHCA, only two GOP senators can vote against the bill. Vice President Mike Pence could break a tie to pass the AHCA. If the Senate passes the bill, it would have to go through a conference committee to resolve differences between the House and Senate versions of the bill. A majority of the members on the committee from both chambers would have to approve the bill. Then the House and Senate would have to approve the finalized bill without amendments. If approved, it would then go to the president for his signature.
• Can the AHCA be filibustered and what is reconciliation? No. The AHCA is going through the budget reconciliation process, which allows legislation to pass with a simple majority instead of the usual 60-vote threshold to end a filibuster in the Senate. The Congressional Budget Act allows reconciliation to be used for legislation that changes outlays (spending), revenues, and the federal debt limit. The Obama administration used this process to help it pass part of the ACA in 2010.
• What is the Byrd Rule and how could it impact the AHCA? The Byrd rule requires reconciliation bills to relate solely to budgetary matters. Under the rule, the Senate parliamentarian will decide whether the provisions included in the AHCA are sufficiently budget-related. One concern is the provision that would allow insurers to increase monthly premiums by 30 percent for one year for individuals who do not maintain continuous health insurance coverage. According to Business Insider, “Since the money from the penalty goes to the insurance companies, the rule does not affect tax receipts for the federal government akin to the ACA's current individual mandate, in which the penalty is paid to the IRS.” This provision and others could cause problems for the GOP. Rep. Trent Franks (R-Ariz.) commented on the process, saying,"The House has the untenable task of trying to craft a bill that will fit through the matrix of the Byrd Rule. It's essentially like trying to force a giraffe through a keyhole. If you get the job done, he looks a little differently on the other side."

The Week in Review

Saturday, April 29

Candidates debate in Great Falls for Montana House seat

• Republican Greg Gianforte, Democrat Rob Quist, and Libertarian Ron Wicks participated in the only televised debate for the May 25 special election for Montana’s only House seat. Ballotpedia rated this race as “Likely Republican” after its vacancy resulted from the appointment of incumbent Republican Ryan Zinke to be U.S. Secretary of the Interior. Candidates discussed taxes, gun ownership, marijuana legalization, healthcare legislation, and other issues. Gun issues presented a clear point of difference between the candidates. Gianforte criticized Quist for supporting what Gianforte called a “gun registry.” Quist stated that he did not support creating a new gun registry, saying, “Fully automatic assault rifles are already required to be registered… All of the sportsman’s alliance groups are backing me on this because they know that what he is saying is merely a smokescreen.” Wicks indicated he opposed limitations on gun ownership and that he did not believe privatization of public land was a significant problem.
• For a full summary of the debate, please see: Montana’s At-large Congressional District Special Election, 2017

Demonstrators attend Climate March to protest Trump administration climate policies

• Multiple individuals and groups, including environmental advocacy groups such as the Sierra Club, attended the Climate March, a demonstration held in Washington, D.C., on the 100th day of the Trump administration. Approximately 200,000 individuals attended, according to the website of the group sponsoring the event. Attendees marched against the climate, environmental, and energy policies of the Trump administration. These policies include President Trump’s March 2017 executive order directing the Environmental Protection Agency (EPA) to review and repeal the Clean Power Plan, the Obama administration’s policy mandating reductions in carbon dioxide emissions at power plants in response to human-caused climate change.
• See also: Federal policy on environmental regulations, 2017-2020
• See also: Federal policy on energy, 2017-2020
• See also: Federal policy on climate change, 2017-2020

Monday, May 1

Senate Foreign Relations Committee will not pursue sanctions bill against Russia

• Sen. Bob Corker (R-Tenn.), the chair of the Senate Foreign Relations Committee, announced that the committee was not pursuing a sanctions bill against Russia for its interference in the 2016 presidential election. Corker said that he and ranking member Ben Cardin (D-Md.), who proposed sanctions in January, were instead working "together on a bill to push back against Russia in Europe and what they're doing." A spokesperson for Cardin said of the agreement, "Senator Cardin stands by the series of proposals he's laid out on Russia but looks forward to working with Chairman Corker on this bill as an initial step to hold Russia accountable for its destabilizing activities."

President Trump discusses Obama wiretapping allegations

• In an interview with CBS' John Dickerson, President Donald Trumprevived his allegation that former President Barack Obama had wiretapped him during the 2016 presidential election.While discussing the state of his relationship with the former president, Trump said: "Well, he was very nice to me. But after that, we've had some difficulties. So it doesn't matter. You know, words are less important to me than deeds. And you—you saw what happened with surveillance. And everybody saw what happened with surveillance." When Dickerson asked him if he stood by his claim, Trump said, "I don't stand by anything. I just—you can take it the way you want. I think our side's been proven very strongly. And everybody's talking about it. And frankly it should be discussed. I think that is a very big surveillance of our citizens. I think it's a very big topic. And it's a topic that should be number one. And we should find out what the hell is going on." The Senate and House Intelligence Committees announced in March that they had not seen any information to support Trump’s allegations.

Two federal judges elect to take senior status

• Two federal district judges elected to take senior status on Monday creating the 100th and 101st vacancies at the district court level. The number of active federal district posts under current law is 677 and these vacancies brought the current vacancy percentage among district courts to just under 15% (14.92%). The current vacancy percentage among all federal judges is now 14.1%. The judges who elected to take senior status were Gregory Sleet of the District Court of Delaware and John Thomas Marten of the District Court of Kansas.
• For more on judicial vacancies during Trump’s first term, read our report.

SCOTUS issues opinions in two cases

• The U.S. Supreme Court issued rulings in three cases on Monday.
• The court issued a unanimous ruling vacating and remanding the judgment of the D.C. Circuit in Venezuela v. Helmerich & Payne Int'l. In an opinion by Justice Stephen Breyer, the court held that the D.C. Circuit's standard to review cases falling within the Foreign Sovereign Immunities Act's (FSIA) expropriation exemption was too lenient. The expropriation exemption applies to "any case .. in which rights in property taken in violation of international law are in issue." The D.C. Circuit had held that any nonfrivolous claim raised under the expropriation exemption conferred jurisdiction under the FSIA. The Supreme Court, however, held that this standard was too lenient and ruled that the exemption only grants jurisdiction in cases where a court finds the factual record supports a claim that property was taken in violation of international law and not merely that a taking may have occurred.
• Five justices agreed to vacate and remand the judgment of the Eleventh Circuit Court of Appeals in two consolidated cases: Bank of America v. Miami and Wells Fargo v. Miami. In an opinion by Justice Stephen Breyer, the court held that the city of Miami qualified as an aggrieved person within the meaning of the Fair Housing Act (FHA), meaning they could bring a civil action under the FHA. However, because the circuit court applied the wrong standard for determining if the bank's actions constituted the proximate cause of the city's alleged injuries, the Supreme Court remanded the case back to the circuit court to determine how proximate cause should be determined under the FHA. Justice Clarence Thomas filed an opinion concurring in part and dissenting in part which was joined by Justices Anthony Kennedy and Samuel Alito. Justice Thomas agreed that the lower court erred in determining proximate cause under the FHA, but he stated that he would have reversed the lower court because he felt that Miami's asserted interests did not fall within the scope of the FHA. Further, even if Miami's interests fell within the scope of the FHA, Justice Thomas argued that Miami failed to demonstrate the bank's alleged actions were the proximate cause of Miami's alleged injuries.

Tuesday, May 2

President Trump considering moving U.S. embassy in Israel from Tel Aviv to Jerusalem

• Speaking at the Israel Independence Day Commemoration at the White House, Vice President Mike Pence said, "The president of the United States, as we speak, is giving serious consideration into moving the American embassy in Tel Aviv to Jerusalem." He added that an end to the Israeli-Palestinian conflict was a priority for Trump, although the security of Israel came first. "To be clear, the president has also personally committed to resolving the Israeli and Palestinian conflict. ... President Donald Trump will never compromise the safety and security of the Jewish State of Israel—not now, not ever," Pence said.

DeMint removed as president of Heritage Foundation

• Former Sen. Jim DeMint was removed as the president of The Heritage Foundation, one of the largest conservative think tanks in the country. The nonprofit’s board of trustees voted unanimously for his removal. In a statement, the think tank said DeMint’s resignation was asked for based on “significant and worsening management issues that led to a breakdown of internal communications and cooperation.” Ed Feulner, who co-founded Heritage and was the organization’s president from 1977 to 2013, will act as president until the organization finds a replacement.

Republican candidates head to a runoff; Democrats nominated Archie Parnell for the SC-5 special election

Archie Parnell earned the nomination of the Democratic Party to fill the vacancy in South Carolina’s 5th Congressional District by receiving 71 percent of the Democratic primary vote. On the Republican side, no candidate received more than 50 percent of the vote, forcing a runoff on May 16. The participants of the Republican runoff are both members of the South Carolina State House, Tommy Pope of House District 47 and Ralph Norman of House District 48. Each received just over 30 percent of the vote, advancing past a field of five other Republican candidates. Pope received the most votes by a margin of 0.3 percent. 67.7 percent of voters cast a vote in the Republican primary, while 32.3 percent voted in the Democratic primary. Ballotpedia rated this race as “Safe Republican” after its vacancy resulted from the appointment of Republican incumbent Mick Mulvaney to become the Director of the Office of Management and Budget. Mulvaney won reelection in the district in 2016 by a margin of 20.5 percent.

 

Verbatim Fact Check

• California state Assemblyman Jimmy Gomez is one of two Democratic candidates in the June 6 runoff election to represent the 34th Congressional District. The Gomez campaign cites his sponsorship of AB 908, a bill expanding family leave benefits, as evidence of his progressive record: "With AB 908, California will once again lead the nation in Paid Family Leave and ensure that the program works for all."Is the Gomez claim accurate? Does adoption of AB 908 mean California will “lead the nation” in paid family leave? Yes. When AB 908 takes effect in 2018, California will offer the highest levels of payment, have the easiest eligibility requirements, and feature the largest pool of family members whose care qualifies an employee for leave. New York will offer a longer leave period. Whether the statute will “ensure that the program works for all” is speculative, at this point.

 

Jimmy Gomez on paid family leave in California

 

 

Wednesday, May 3

DCCC invests $400,000 more in Montana

• The Democratic Congressional Campaign Committee (DCCC) announced it was investing $400,000 more to support Rob Quist (D) in the special election for U.S. House on May 25. The political committee had previously invested $200,000 in the race, which was used to buy television ads supporting Quist. The additional money is intended for more advertisements and for a get out the vote campaign encouraging Democrats and independents to vote by mail.

Senior federal judge to become Baltimore’s city solicitor

• Andre Davis, a senior federal judge on the United States Court of Appeals for the Fourth Circuit, announced that he will retire as a federal judge to become the city solicitor for Baltimore, Maryland. Davis will start his new position on September 1, 2017. As a senior federal judge, Davis’ retirement from the bench will not create a new vacancy on the court. Davis’ judicial career began as a judge for Maryland’s First District in 1987. Three years later, he transitioned to a judicial post on Maryland’s Eighth Circuit before being confirmed by the U.S. Senate as a federal district judge for the District of Maryland in 1995. Davis was confirmed to the Fourth Circuit Court of Appeals in 2009 and served on active status until he elected to take senior status in 2014.

FBI Director Comey testifies before Senate committee on Clinton email investigation and Russia

• During his testimony before the Senate Judiciary Committee, James Comey was asked about his decision to make public the FBI’s investigation into Hillary Clinton’s private email server use and Russian involvement in U.S. politics.
• Comey identified former President Bill Clinton’s meeting with Attorney General Loretta Lynch on an airport tarmac in June 2016 as the catalyst to go public with the FBI’s investigation. “A number of things had gone on which I can't talk about yet, that made me worry that the department leadership could not credibly complete the investigation and decline prosecution without grievous damage to the American people's confidence in the justice system,” Comey said. He continued, “And then the capper was—and I'm not picking on the attorney general, Loretta Lynch, who I like very much—but her meeting with President Clinton on that airplane was the capper for me, and I then said, you know what, the department cannot, by itself, credibly end this.”
• Comey said that the Russian government was still active in U.S. politics and confirmed that an investigation into any connections between the Trump campaign and Russia was ongoing. He described the Russian threat to democracy as “the greatest threat of any nation on earth, given their intention and their capability.”
• He also confirmed that former acting Attorney General Sally Yates had informed him in January that Michael Flynn had lied about his conversations with a Russian diplomat and that he could be susceptible to blackmail.

President Trump and Palestinian Authority President Abbas meet at the White House

• Palestinian Authority President Mahmoud Abbas met with President Donald Trump at the White House. Trump said during a joint press conference, “I'm committed to working with Israel and the Palestinians to reach an agreement. But any agreement cannot be imposed by the United States, or by any other nation. The Palestinians and Israelis must work together to reach an agreement that allows both peoples to live, worship, and thrive and prosper in peace. And I will do whatever is necessary to facilitate the agreement—to mediate, to arbitrate anything they'd like to do. But I would love to be a mediator or an arbitrator or a facilitator. And we will get this done.” He also discussed working with Palestinian forces to combat the Islamic State. “I know President Abbas has spoken out against ISIS and other terrorist groups, and we must continue to build our partnership with the Palestinian security forces to counter and defeat terrorism,” he said.
• See also: Federal policy on Israel and Palestine, 2017-2020

Democratic candidate airs first attack ad in race for Georgia’s 6th Congressional District

• Democrat Jon Ossoff, who had not aired an ad directed at Republican candidate Karen Handel during the campaign for the April 18 special election, launched one this week. The ad states that Handel has “run six times for five different offices” and “spends your money on herself.” In a statement explaining the decision to launch the negative ad, Ossoff said that he would “refrain from personal attacks and cheap shots” when he uses negative ads to draw a contrast. The Democratic Congressional Campaign Committee has also launched ads attacking Handel. Ossoff’s campaign has reportedly reserved about $5.2 million of air time, including radio and television, leading up to the runoff.

Thursday, May 4

President Trump signs religious freedom executive order

• President Donald Trump signed an executive order, Promoting Free Speech and Religious Liberty, which directed the Treasury Department to "not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective." Such political speech would be prohibited under the Johnson Amendment, which bars tax-exempt organizations like churches from supporting or opposing political candidates. The executive order also instructed the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services to consider revising existing regulations to address conscience-based objections to the Affordable Care Act mandate requiring coverage of contraception by many employer insurance plans. This is the 34th executive order signed by Trump.
• See more: Federal policy on the First Amendment, 2017-2020
• Prior to Trump signing the order, the ACLU, the Human Rights Campaign, and Lambda Legal all announced their intention to challenge it in court. In a statement on Thursday, the ACLU said they had decided not to sue the administration, calling the order “an elaborate photo-op with no discernible policy outcome.” The Human Rights Campaign vowed to “challenge any effort by Jeff Sessions or other agencies of Trump's administration to license discrimination,” but did not explicitly say they would introduce a lawsuit at this time. Lambda Legal, a national civil rights organization that pursues impact litigation, said that they would not file a specific lawsuit at this time but noted, “If [the Trump administration] take[s] action based on this executive order that harms our community, we will sue.”

President Trump announces stops on first trip abroad in office

• President Donald Trump announced that he would travel to Saudi Arabia, Israel, and the Vatican during his first trip abroad later this month. The Chicago Tribune reported, “Senior administration officials said Trump chose Saudi Arabia as his first stop to show his commitment to improving U.S. relations with the Muslim world.” Trump will also travel to Brussels for a NATO meeting and Italy for a G7 summit.

Federal judge orders extension of voter registration deadline in Georgia’s 6th

• U.S. District Judge Timothy Battenordered the state of Georgia to reopen voter registration ahead of the June 20 runoff for the 6th Congressional District. The runoff to replace Secretary of Health and Human ServicesTom Price will be between Democrat Jon Ossoff and Republican Karen Handel. Registration had been closed since March 20, but will now open immediately and will remain open through May 20. The decision originates from a lawsuit by The Lawyers’ Committee for Civil Rights Under Law, which alleged that the state of Georgia ended voter registration for federal runoff elections two months earlier than required by federal law. According to the Atlanta Journal-Constitution, the office of Georgia Secretary of State Brian Kemp (R) stated that they would seek to comply with the order, but had previously said that the lawsuit was politically motivated.

Friday, May 5

Trump signs bill to keep the government funded through the remainder of the fiscal year

President Donald Trump signedHR 244—the Consolidated Appropriations Act of 2017—into law to keep the government funded through the end of the fiscal year on September 30, 2017. On Wednesday, the House passed the bill by a vote of 309-118, and the following day the Senate passed the bill by a vote of 79-18. It was the first major legislation of 2017 to pass the House and Senate with bipartisan support. The bill included, but was not limited, to the following: a $12.5 billion increase in defense spending; an additional $2.5 billion in defense spending to fight the Islamic State (ISIS/ ISIL); a $2 billion increase in funding for the National Institutes of Health; $1.5 billion for border security—the money could not be used for President Donald Trump's border wall; $407 million in wildfire relief for western states; $295 million for Puerto Rico's Medicaid program; $100 million to combat opioid addiction; $150 million for the National Endowment for the Arts; $150 million for the National Endowment for the Humanities; $61 million for local law enforcement agencies in New York and Florida to protect Trump; funding for Planned Parenthood Federation of America Inc.; and funding for coal miners' healthcare.

Congress is not in session

SCOTUS is not in session

The U.S. Senate will be in session Monday-Friday. The U.S. House is not in session next week. They will return on May 16.

The U.S. Supreme Court has concluded arguments for this term. The court is in recess until Monday, May 15, when the court will hold a non-argument session in which orders are expected and opinions in pending cases may be announced.

Monday, May 8

Fourth Circuit to hear appeal of Trump’s immigration executive order

• The United States Court of Appeals for the Fourth Circuit will hear an appeal of a nationwide preliminary injunction issued in April by U.S. district judge Theodore Chuang of the District of Maryland related to President Donald Trump’s immigration executive order dated March 6, 2017. The Fourth Circuit will sit en banc, meaning all active judges on the court will hear the case. Judge Chuang’s April order halted implementation of the portion of the executive order that would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from receiving visas. In his order, Chuang highlighted public statements made by Trump to demonstrate that there was evidence of religious purpose in suspending travel from the seven countries affected by the order. Chaung wrote, "these statements, which include explicit, direct statements of President Trump's animus towards Muslims and intention to impose a ban on Muslims entering the United States, present a convincing case that the First Executive Order was issued to accomplish, as nearly as possible, President Trump's promised Muslim ban." The decision to hold a hearing before the full Fourth Circuit could have the effect of expediting a resolution to the case.

Former Acting Attorney General Sally Yates to testify before Senate committee

• Former Acting Attorney General Sally Yates is scheduled to testify before the Senate Judiciary Committee regarding Michael Flynn’s communications with Russian ambassador Sergey Kislyak. Flynn served as President Donald Trump’s national security adviser for three weeks before resigning amid reports that he did not fully disclose his discussion of sanctions against Russia with the Trump administration.

Tuesday, May 9

Second Circuit three-judge panel to hear ongoing class action lawsuit

• A three-judge panel of the U.S. Court of Appeals for the Second Circuit will hear arguments in a class action against Sterling Jewelers, which is the parent company of Jared and Kay Jewelers, alleging various forms of discrimination and sexual harassment under Title VII of the Civil Rights Act. According to a report in The New York Times, the class action “includes 69,000 current or former employees and accuses Sterling of pay discrimination against women.” In declarations filed by some of the plaintiffs, first obtained by The Washington Post and reported by USA Today, the suit also alleges “reports of a rape, male managers cavorting in a swimming pool with topless female employees at a mandatory manager's conference and a witness who tells of a male manager suggesting that a female co-worker swipe a credit card between her breasts.” The suit, which was first filed in 2008, is part of an ongoing bias arbitration suit against Sterling. The judges on the panel are Peter Hall, Jon Newman, and Rosemary Pooler.

Wednesday, May 10

Senate Judiciary Cmte. to hold hearings on three DOJ agency head nominees

• The Senate Judiciary Committee will hold confirmation hearings on three nominees to head agencies within the U.S. Department of Justice (DOJ). There are 56 agencies within the Justice Department. The nominees to these three positions are:
• Makan Delrahim: Assistant attorney general, antitrust division
• Steven A. Engel: Assistant attorney general, office of legal counsel
• Noel J. Francisco: United States solicitor general

The antitrust division is the principal agency of the Justice Department charged with prosecuting antitrust cases. The solicitor general is the counsel representing the interests of the U.S. government, either as a direct party to a case or as an interested third party (an amicus curiae), in all federal appellate litigation. The office of legal counsel was described by PBS as “the most important legal office in the federal government. … It is the office which tells the executive branch, from the president to the military to the CIA to anyone else, what the law is.”

Thursday, May 11

Eleventh Circuit to hear appeal for Stingray records

The Eleventh Circuit Court of Appeals will hear arguments Thursday in ACLU of Florida, Inc. v. City of Sarasota, Florida, et al. The case centers on the use of portable cell site simulators, which are also known as ISMI catchers or Stingray devices, by police officers. According to a report from The Globe and Mail, “at its core, an IMSI catcher like the StingRay is just another radio transmitter that pretends to be a base station or tower … except that it’s not going to route your calls through to your friends. Instead, it can identify and track your phone, as well as actually block you from making calls or in some circumstances, on some devices, can even record the calls themselves.” In its filings, the ACLU requested that the Sarasota Police Department provide public records on the department’s use of such devices. The department refused, stating that the detective who submitted the department’s applications to the state courts to use the devices did so in his capacity as a cross-sworn deputy U.S. marshal and therefore the records were federal. A state court and a federal district court denied the ACLU’s requests for the records.

Where was the president last week?

President Donald Trumpwas in Washington, D.C., and New York City, this week. On Tuesday, he spoke with Russian President Vladmir Putin over the phone. On Wednesday, he met with President Mahmoud Abbas, of the Palestinian Authority. On Thursday, Trump met with Australian Prime Minister Malcolm Turnbull in New York City.

Federal Judiciary

 

• 139 total federal judicial vacancies

• 2 pending nominations

• 21 future vacancies

 

Ballotpedia depends on the support of our readers.

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

 

Donate Securely Online

 

Back to top for State and Local updates

State and Local

 

 

The week in review: April 29 - May 7
What's on tap next week: May 8 - May 12

Highlights

State

• On Monday, May 1,Gov. Chris Christie (R) vetoed a bill that would have required future presidential candidates to release a minimum of five years of tax returns in order to appear on the ballot in New Jersey. The bill passed the Democratic Party-controlled legislature in March. Supporters of the bill argued that voters should be aware of presidential candidates’ financial ties and interests. Christie, in vetoing the bill, stated, “Unwilling to cope with the results of last November’s election, the Legislature introduced this unconstitutional bill as a form of therapy to deal with their disbelief at the 2016 election results, and to play politics to their base.” In the 2016 presidential election, Donald Trump (R) did not release his tax returns. A Democrat has won New Jersey in every presidential election since 1992. According an Associated Press report on March 17, 2017, lawmakers in 23 other states had introduced legislation similar to the bill in New Jersey.

• A two-thirds majority in each chamber of the legislature in New Jersey is required to override gubernatorial vetoes—27 in the state Senate and 54 in the General Assembly. Democrats have a 24-16 majority in the Senate and a 52-28 majority in the General Assembly. Both chambers and the governorship are up for election in 2017. Christie, who ran for president in 2016 and endorsed Trump after dropping out, is term-limited. Democratic gubernatorial candidate Phil Murphy has stated he would sign the bill as governor. New Jersey is one of 19 states under divided government.

Local

• On Tuesday, May 2, nonpartisan general elections were held for three of seven at-large city council seats and two seats on the airport authority board of directors in Lincoln, Nebraska. A primary election was held on April 4, 2017. Elections for city council and airport authority board of directors in Lincoln are officially nonpartisan, but the Lancaster County Election Commission provides partisan affiliations for city council and airport board candidates for informational purposes. With a 4-3 Republican majority heading into the election and two Republican-held seats and one Democratic-held seat up for grabs, the outcome of the election shifted the partisan balance of the city council. Wins by Democratic candidates Leirion GaylorBaird an$1 Bennie Shobeswung council control to Democrats. Challenger Zachary James' win made him the sole Democratic member of the airport authority board of directors. Prior to the 2017 election, the board was divided 3-2 between Republican and independent members. Lincoln is the second-largest city in Nebraska and the 72nd-largest city in the U.S. by population.

State Politics: The Week in Review

Ballot Measures Update

2017:

• So far,six statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, Ohio, and West Virginia—one citizen initiated measure, four legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Moreover, voters in Puerto Rico will decide a referendum on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood, independence/free association, or the status quo—a commonwealth or territory. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots.
• No new measures were certified for the 2017 ballot last week.
• The next signature filing deadline for citizen initiatives in 2017 is in Ohio on July 5.
• By this time in 2013, three measures had been certified for the 2013 ballot; by this time in 2015, five measures had been certified for the 2015 ballot.

2018:

• Twenty-two (22) measures are certified to appear on statewide ballots in 2018 so far—five citizen initiated measures, 16 legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots.
• One new measure was certified for 2018 ballots last week.
• By this time in 2013, 23 measures had been certified for the 2014 ballot; by this time in 2015, 22 measures had been certified for the 2016 ballot.

Monday, May 1

Paul LePage Files Lawsuit Against Maine Attorney General Janet Mills

• Gov. Paul LePage (R) filed a lawsuit against Maine Attorney GeneralJanet Mills (D), arguing that she has prevented him from fulfilling his duties as governor by refusing to provide the governor’s office with legal representation and that her office has restricted his ability to seek outside counsel. In the lawsuit, LePage also cites Mills’ opposition to immigration policies enacted by the Trump administration. On April 19, 2017, Mills joined 17 Democratic attorneys general throughout the country in filing a brief against President Trump’s (R) executive order from March, which suspended for 90 days entry into the United States for individuals from Syria, Iran, Libya, Somalia, Sudan, and Yemen. LePage says that Mills has refused to represent or assist his office in voicing its support for the Trump administration’s immigration policies. In a statement, Mills criticized the lawsuit, calling it frivolous and a waste of state resources.
• In Maine, the legislature is responsible for electing the attorney general. In 43 states, attorneys general are elected via popular vote, while in five states the governor appoints the attorney general. In Tennessee, the state Supreme Court makes the appointment. Mills was first elected in 2008 and served from 2009 to 2011. Republicans gained control of the legislature in 2010 and appointed William Schneider (R) as Mills’ successor. Democrats, however, regained control of the legislature in 2012 and re-elected Mills. LePage has sought to make the attorney general a gubernatorial appointee. In 2015, he proposed legislation on this issue but the House rejected it in a 115-32 vote.
• Maine is one of nine states with a Republican governor and a Democratic attorney general. It is one of 19 states under divided government. Democrats have a 77-71 majority in the House, while Republicans have an 18-17 majority in the Senate.

Committee Forms To Oppose Ohio Drug Price Initiative

• TheOhioans Against the Deceptive Rx Ballot Issuewas officially formed to oppose an initiative on the Ohio 2017 ballot that would require state agencies and programs to purchase prescription drugs at prices no more than what the U.S. Department of Veterans Affairs (VA) pays for them. The committee has not yet reported any contributions or expenditures. A similar measure—Prop. 61—was on the ballot in California in 2016. Opponents raised a record-breaking $109 million, with most of the opposition campaign money coming from pharmaceutical companies. Proposition 61 was defeated with 53.2 percent of voters voting against it. Both Ohio’s 2017 measure and California’s Prop. 61 were sponsored by th$1 AIDS Healthcare Foundation. In 2016, the AIDS Healthcare Foundation donated $18.7 million of the $19.2 million contributed to the support campaign for California Proposition 61. The support campaign for the Ohio 2017 initiative has raised $2.5 million, all of which was provided by the AIDS Healthcare Foundation. Of the $2.5 million in campaign funding collected so far, $1.86 million was spent on the signature petition drive to qualify the Ohio initiative for the 2017 ballot. Ohio is one of 25 Republican state government trifectas.

• The next campaign finance filings for Ohio ballot measure committees won’t be available until July 31.
• This is currently the only initiative certified for the 2017 ballot in Ohio.
• The signature deadline to qualify initiated constitutional amendments for the 2017 ballot is July 5; a total of 305,591 valid signatures are required.

Iowa Attorney General Argues That Lt. Gov. Kim Reynold Cannot Appoint A Successor If She Becomes Governor

• Iowa Attorney General Tom Miller (D) released a formal legal opinion stating that, if Lt. Gov Kim Reynolds (R) was to succeed Gov. Terry Branstad (R), she would not have the legal authority to appoint her successor. Miller’s opinion came in reaction to succession plans underway in the Iowa Governor’s Office, as Reynolds prepares to succeed Branstad, whom President Trump (R) nominated to be the next ambassador to China. Confirmation hearings in the U.S. Senate for Branstad’s nomination began on May 2.
• In December, Miller’s office released a statement saying that Reynolds would be able to appoint her successor. Miller’s more recent legal opinion, however, argues 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.
• Iowa GOP chairman Jeff Kaufmann criticized the opinion, calling it, “a head-scratching display of pure political partisanship.” According to The Des Moines Register, Miller’s opinion does not carry the force of law but could be used by other parties in a legal challenge. 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 Republica$1 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.

 

Verbatim Fact Check

• Former Nebraska state Sen. Heath Mello, the Democratic candidate in Omaha’s mayoral race, was joined at an April 20 campaign rally by DNC Chair Keith Ellison, Sen. Bernie Sanders (I-Vt.), and Nebraska Democratic Party Chair Jane Kleeb. That elicited a critical response from Ilyse Hogue, the president of NARAL Pro-Choice America, who characterized Mello as an “anti-choice candidate." There is a spectrum of opinion about what constitutes “pro-choice” or “anti-choice” positions (or “pro-life” or “pro-abortion”). During his time in the Nebraska Senate, Mello voted for three bills that put restrictions on abortion. Mello also voted to bar health insurance plans offered through state-run exchanges from covering abortion; to require that, if an ultrasound is performed prior to an abortion, its images be displayed; and to require that women undergo screening for various risk factors before the procedure.

 

Heath Mello's voting record on abortion

 

 

Tuesday, May 2

Special Primary Elections in the South Carolina House of Representatives

• Special primary elections were held for District 48 and District 70 of th$1 South Carolina House of Representatives. District 48 became vacant following the resignation o$1 Ralph Norman (R). Norman resigned in order to run in a special election fo$1 South Carolina’s 5th Congressional District. Bebs Barron Chorak ran unopposed in the Democratic primary. Bruce Bryant defeate$1 Tom Nichols in the Republican primary. Chorak and Bryant will face off in the general election on June 20. The district leans in favor of Republicans; Norman received 73 percent of the vote in 2014, which was the most recent contest between a Democrat and a Republican in the district. The death o$1 Joseph Neal (D) in February created a vacancy in District 70. Wendy Brawley and H. Heath Hill advanced to a May 16 Democratic primary runoff. Bill Strickland was unopposed in the Republican primary. The district has a strong lean in favor of Democrats. Strickland is the first Republican candidate to run in the district in over a decade. The general election for both districts will be held on May 2, 2017. With three vacancies, Republicans maintain a 78-43 majority in the state House. South Carolina is one of 25 Republican state government trifectas.

Legislation Banning Conversion Therapy Advances In Connecticut

• The Connecticut House of Representativespassed legislation banning conversion therapy for minors, a practice involving the use of psychiatry and therapy in an attempt to change an individual’s sexual orientation. The bill applies exclusively to health professionals who charge for services. The bill passed the House 141-8 and will proceed to the Senate. Gov. Dan Malloy (D) has voiced support for the legislation. House minority leader Themis Klarides (R) has also expressed support for the bill. A total of six states and Washington, D.C. have laws banning conversion therapy. Connecticut is one of six Democratic state government trifectas.

Florida Homestead Tax Exemption Certified For 2018 Ballot In Florida

• The Florida state House voted 83-35 in favor of a constitutional amendment to exempt an additional portion of home values from property taxes other than school taxes. Since the state Senate approved the measure by more than the required 60 percent on May 1, the amendment is now certified to go before voters in November 2018. The measure would provide for a homestead exemption on the portion of home values between $100,000 and $125,000, meaning the $25,000 between $100,000 and $125,000 of a home's value would be exempted from property taxes other than school district taxes. As of 2017, Section 6(a) of Article VII of the Florida Constitution provides for a homestead exemption on the portion of home values between (a) $0 and $25,000 and (b) $50,000 and $75,000. Florida is one of 25 Republican state government trifectas.
• Currently, two measures are certified for the 2018 ballot in Florida.
• From 1995 to 2016, an average of seven measures appeared on the ballot during even-numbered years in Florida.

Florida LRCA To Exempt Law Enforcement From Gun Control Moves Forward

• The Florida state House voted 115-1 in favor of a constitutional amendment to exempt certified law enforcement officers employed or appointed by a law enforcement agency in the state from (a) the state's three-day waiting period requirement between the purchase and delivery of any handgun and (b) county laws requiring a three- to five-day waiting period between the purchase and delivery of a firearm or a criminal records check to purchase a firearm. Currently, law enforcement officers must obtain concealed weapon permits in order to avoid state or county waiting periods between purchasing and receiving a firearm, despite law enforcement being exempt from the requirement to obtain concealed weapon permits. Constitutional amendments require a 60 percent supermajority vote in each chamber of the legislature to be put on the ballot. This amendment now requires approval in the $1 tate Senate and voter approval in November 2018 to become enacted. In the Senate, 24 senators would need to vote in favor for the measure to go on the ballot; there is currently one vacancy in the state Senate leaving 39 acting members. Florida is one of 25 Republican state government trifectas.

Nevada Legislature Approves LRCA Allowing Marriage Regardless Of Gender

• The Nevada State Assembly approved a constitutional amendment to recognize marriage in the state constitution as between couples regardless of gender. The measure would also remove language enacted in 2002 via Question 2 that defined marriage as between a male person and a female person. The constitutional amendment passed by the legislature this year was also designed to provide religious organizations and clergy with the right to refuse to solemnize a marriage. The state Senate approved the amendment on May 1. In Nevada, constitutional amendments can only be put on the ballot through a majority vote in two successive sessions of the Nevada State Legislature. This means the legislature will have to approve the measure again in 2019 for it to go on the ballot in November 2020. Nevada is one of 19 states under divided government.
• As a result of the 2016 election, Nevada went from being a Republican trifecta to a state under divided government; both the state Senate and the state House shifted from Republican control to Democratic control. The last gubernatorial election was in 2014, when the incumbent Brian Sandoval (R) won re-election; the next gubernatorial election is in 2018.

Florida Legislature Misses Budget Deadline

• The Florida legislature missed a deadline to submit a spending plan for the upcoming fiscal year that begins on July 1, 2017. The legislative session was scheduled to end on May 5. Lawmakers, however, were required by state law to submit a budget 72 hours before then. The session will now extend into next week. On April 26, 2017, lawmakers in the house and senate reached a tentative agreement on an outline for an $83 billion budget. The house had reportedly advocated for an $81.2 billion spending plan, while the Senate has pushed for an $85.1 billion plan. Much of the disagreement has revolved around spending on education, economic development, the environment, and potential cuts to the state’s tourism marketing corporation, Visit Florida. Gov. Rick Scott has called for increased funding for economic development projects and tourism. Florida is one of 25 Republican state government trifectas.

Wednesday, May 3

Texas Legislature Passes Bill Banning Sanctuary Jurisdictions

• The Texas State Legislaturepassed 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. According to the Pew Research Center, an estimated 1.6 million immigrants were living in Texas without legal authorization as of 2014. In February 2017, Ballotpedia conducted a study of sanctuary jurisdictions in the country’s 100 largest cities by population, 13 of which are in Texas. The study found one city in Texas that has been identified as a sanctuary jurisdiction: Austin, the state capital. The Senate passed the bill 20-11, while the House passed it last month 93-54. Republicans have majorities in both chambers: 20-11 in the Senate and 95-55 in the House. Texas Gov. Greg Abbott has expressed support for the bill. Texas is one of 25 Republican state government trifectas.
• In early April, the California State Senate approved a bill that is effectively the reverse of Texas’ SB 4. The bill (SB 54) in California would prohibit California law enforcement agencies from using state and local resources for the purposes of reporting, arresting, investigating, or detaining individuals in compliance with federal immigration laws. The law is currently awaiting action in the California State Assembly. An estimated 2.3 million immigrants were living in California without legal authorization as of 2014.
• See also: Sanctuary jurisdictions

Tennessee Legislature Passes 20-Week Abortion Ban

• Lawmakers in Tennessee passed legislation banning abortions after 20 weeks. In addition, the bill requires doctors to determine the viability and gestational age of the fetus before performing an abortion. Doctors who violate the law could face up to 15 years in prison. A total of 17 states ban abortions after 20 weeks. According a CDC report from November 2016, 0.1 percent of abortions in Tennessee occurred at 21 weeks or later in 2013. The House passed the bill 68-18, while the Senate passed it on Monday 27-3. Republicans have majorities in both chambers: 28-5 in the Senate and 73-25 in the House. The bill now heads to Gov. Bill Haslam (R), who did not immediately indicate if he intended to sign it, saying, “When it gets to us, we'll have those conversations both with the Attorney General [sic] our own review of the bill before we make our decision.” Tennessee is one of 25 Republican state government trifectas.
• In April 2017, the Iowa Legislature also passed a bill banning abortion after 20 weeks. On May 4, 2017, Planned Parenthood and the American Civil Liberties Union filed a lawsuit against the legislation. The lawsuit does not target the 20-week ban but rather another section of the bill that requires a three-day waiting period for abortion. Iowa Gov. Terry Branstad (R) announced plans to sign the bill into law on May 5, 2017.

Thursday, May 4

Arkansas Makes Changes To Medicaid Eligibility

• Gov. Asa Hutchinson (R) signed legislation into law lowering the threshold for Medicaid eligibility in the state from 138 percent of the poverty level to 100 percent of the poverty level. According to Arkansas Online, the law will have the effect of removing 60,000 Arkansas residents from the state’s Medicaid program. The law also adds a work requirement for some individuals participating in the program. Supporters of the law say that it is needed in order to save money. Opponents say that it will cause the number of uninsured to increase. Arkansas expanded Medicaid eligibility in 2013 through a program called Arkansas Works, which used federal funds to enroll individuals into private health plans offered on the health insurance exchanges. As of March 31, 2017, more than 320,000 Arkansas residents received healthcare coverage through the program. The legislation made Arkansas the first state to end its expansion of Medicaid under the Affordable Care Act, also known as a Obamacare. The Arkansas Legislature ended its regular session on May 1 and began a special session the same day to take up the issue of Medicaid eligibility. Arkansas is one of 25 Republican state government trifectas. The state was a Democratic trifecta from 2007 to 2012.

Initiative Filed To Repeal California Gas Tax Increase

• California State Rep. Travis Allen (R-72) filed an initiative to repeal most sections of Senate Bill 1 (SB 1) of 2017, which increased the gas tax and diesel tax and created two new fees. If the petition drive is successful, the initiative will go before voters in November 2018. The Senate Appropriations Committee noted that Senate Bill 1 is expected to generate an estimated $52.4 billion between 2017 and 2027. The bill was designed to allocate revenue from the increases to transportation-related projects. The California State Legislature referred a constitutional amendment to the ballot for the election on June 5, 2018, designed to create a constitutional requirement that revenue from fees and taxes on vehicles or their operation be used for transportation-related projects. The initiative filed by Rep. Allen would impact Senate Bill 1, but not the constitutional amendment. Rep. Allen had to file the repeal as an initiated state statute, rather than a veto referendum, as a referendum cannot be filed against tax levies. Getting a veto referendum certified for the ballot would have allowed supporters to put SB 1 on hold until the election, whereas getting an initiative certified would not have that effect. A title and summary for the initiative will be issued by the California attorney general's office on July 10, 2017, after which petitioners have 180 days to collect 365,880 valid signatures. Rep. Allen opposed SB 1 in the state legislature. California is one of six Democratic state government trifectas.
• A recall effort was started targeting California State Sen. Josh Newman (D-29) because of his support of SB 1. The recall effort was initiated by talk radio host Carl DeMaio.

Hawaii’s Legislative Session Ends With The Election Of New Leadership

• Hawaii’s state legislative session came to an end. The legislature began its session on January 18. At the end of the session, House SpeakerJoseph Souki (D) stepped down from the position. He had served as speaker since 2013 and also held the post from 1993 to 1999. In a letter to members of the House, Souki noted his disappointment that the chamber did not provide funding to complete a rail system in Honolulu. Mayors throughout Hawaii had requested that the legislature extend its session in order to fund the project, which is facing a potential $1.5 billion shortfall. The House elected Scott Saiki to succeed Souki as speaker. Hawaii is one of six Democratic state government trifectas.

Committee Forms To Back Referendum Efforts Targeting Initiative Restrictions

• The Voters of Arizonacommittee formed to back veto referendum efforts to repeal bills passed by the state legislature that add restrictions to the state’s initiative process. The legislature approved and the governor signed a law—HB 2404— banning the practice of paying signature gatherers according to the number of signatures gathered in March 2017. The next month, the legislature approved legislation—HB 2244—to require strict scrutiny of initiative petitions and strict compliance with all rules surrounding the process. The bill would allow petition signatures to be rejected based on technical deficiencies. Another bill—SB 1236—was approved by the state House with amendments, which means it goes back to the Senate for a final vote. Former Attorney General Grant Woods and former Phoenix Mayor Paul Johnson are chairs on the board of the Voters of Arizona committee. The group would need to collect 75,321 signatures for each referendum petition by 90 days after the legislative session ends; the session is expected to end on May 12.
• A veto referendum petition was already filed against HB 2404 by Grassroots Citizens Concerned an$1 Mike Shipley, a Libertarian candidate for the 9th Congressional District in 2016.
• In 2016, two initiatives were on the ballot. Voters approved Prop. 206, which raised the state’s minimum wage. Voters defeated Prop. 205, which would have legalized recreational marijuana.
• In 2013, the state legislature passed HB 2305, which added multiple restrictions to the initiative process. A veto referendum was filed against it and qualified for the ballot. Instead of putting it before voters, the legislature repealed HB 2305 in 2014.
• Arkansas, Arizona, Maine, and South Dakota considered or are considering laws to restrict initiative processes following the approval of 2016 initiatives about marijuana, minimum wage, tax increases, payday lending restrictions, law enforcement, campaign finance laws, and elections.

Friday, May 5

Iowa Governor Signs Voter ID Bill Into Law

• Iowa Gov. Terry Branstad (R) signed into law HF 516, establishing a photo ID requirement for voters. Under the newly-signed law, Iowa voters will be required to present one of the following forms of photo identification at the polls: driver's licenses, military IDs, passports, or state-issued voter ID cards, which will be issued to voters who do not possess other acceptable forms of identification. The requirement was scheduled to take full effect in June 2018. The legislation cleared the Iowa House of Representatives on April 10 by a vote of 56-40. The Iowa State Senate approved the bill on April 13 by a vote of 28-21. HF 516 also eliminated the straight-ticket voting option.
• Branstad said the following in support of the law's provisions: "Protecting the integrity of our election system is very important. And we're very proud that Iowa has a tradition and history of doing so, and this is going to strengthen our ability and make it more effective and efficient."
• Mark Springer, executive director of the American Civil Liberties Union of Iowa, said the following in opposition to the bill: "Today, voting in Iowa just got more difficult and more complicated. With Gov. Branstad signing this outrageous voter suppression bill into law, tens of thousands of Iowa eligible voters will be harmed."
• As of May 2017, 32 other states enforced voter identification requirements. Of these, 15 states required voters to present photo identification.

Tennessee Legislative Session Continues Over Budget Discussions

• Tennessee’s state legislative session was originally projected to end but is now projected to conclude on May 12. The legislature began its session on January 10. Republicans, who control the governor’s office and both chambers of the legislature, have disagreed over a series of spending amendments to a proposed $37 billion budget plan. Tennessee is one of 25 Republican state government trifectas.

U.S. District Court Strikes Down Sections of Missouri Campaign Finance Initiative

• Judge Ortrie Smith of the U.S. District Court of Western Missouri ruled that sections of Amendment 1, an initiative designed to establish campaign finance limits and regulations in the state constitution, violated the U.S. Constitution. Voters passed Amendment 1 in 2016, with 69.95 percent of voters approving it. The lawsuit was consolidated into one case out of two separate lawsuits filed against different provisions of the initiative in December 2016. In his ruling, Judge Smith prevented the state from enforcing: (a) the $2,600 cap on contributions to state and judicial candidates; (b) the ban on corporations and unions from making contributions to political committees; (c) the ban on PACs receiving contributions from other PACs; and (d) the ban on committees from accepting contributions from foreign corporations. Stephen Webber, chairperson of the state Democratic Party, called on Attorney General Josh Hawley (R) to appeal the decision.
• Another campaign finance-related initiative passed in 2016 in South Dakota—Measure 22—was targeted by a lawsuit. Measure 22 was designed to limit contributions, establish a publicly-funded campaign finance system, limit lobbying by state officials and high-level employees, and add reporting requirements. Ultimately, the state legislature repealed the measure, precluding the necessity of the lawsuit. South Dakota is one of 12 states with an initiative process that does not have a restriction on when or how legislators can repeal or amend citizen-approved initiatives.

What's On Tap Next Week

Monday, May 8

Vermont State Legislative Session Scheduled To End

• The Vermont state legislative session is scheduled to end, though as of May 3, 2017, state legislators were seeking to adjourn the session on May 6. The session began on January 4, 2017. The Vermont House passed a bill on May 3, 2017, seeking to legalize the possession of up to one ounce of marijuana and the personal cultivation of a limited number of marijuana plants. The bill passed 75-71. The Senate previously approved its own marijuana legalization bill, allowing for retail sales and a regulated marijuana market. Neither bill is expected to advance further in 2017, but lawmakers may reconsider the bill in 2018, according to VPR, Vermont’s NPR station. As of November 11, 2016, seven states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes. Vermont is one of 19 states under divided government. Republicans control the governor’s mansion, while Democrats have majorities in the House and Senate.
• See also: Marijuana laws in the United States

Tuesday, May 9

Special Elections in the Oklahoma House of Representatives

• Two special elections will be held for the Oklahoma House of Representatives. Steve Barnes (D), Zach Taylor (R), and Cody Presley (L) will face off in the District 28 general election. The seat is vacant followin$1 Tom Newell's (R) resignation to take a position in the private sector. Primary elections will be held for District 75. Karen Gaddis an$1 Jamie Smith will face off in the Democratic primary$1 Skip Steele, Nik Berg, AJ Oatsvall, and Tressa Nunley will face off in the Republican primary. Dan Kirby (R) resigned the seat effective March 1 after facing expulsion from the state House. With three vacancies, Republicans maintain a 72-26 majority in the state House. Oklahoma is one of 25 Republica$1 state government trifectas.

Wednesday, May 10

Colorado State Legislative Session Scheduled to End

• Colorado’s state legislative session is scheduled to end. The session began on January 11, 2017. The legislature sent a $26.8 billion budget to Gov. John Hickenlooper (D) on May 3, 2017. The budget proposal includes increases for state employee salaries and education and funding for high-speed internet in rural areas. The budget reduces funding for hospitals in the state by $264 million. Colorado is one of 19 states under divided government.

Friday, May 12

Arizona State Legislative Session Scheduled To End

• Arizona’s state legislative session is scheduled to end. It began on January 9, 2017. The session was originally projected to end on May 3 but the end date moved to the 12th in order to allow for continued budget discussions. The legislature and Gov. Doug Ducey (R), as of May 4, 2017, were debating a $9.8 billion spending plan. Democrats have called for the restoration of cuts to welfare funds in a previous budget and for larger raises for teachers than what Republicans have proposed. Democrats have also voiced opposition to a provision seeking to cut funding for Planned Parenthood. Meanwhile, Republicans have disagreed on funding for construction and building maintenance at state universities. Arizona is one of 25 Republica$1 state government trifectas.

Missouri State Legislative Session Scheduled To End

• Missouri’s state legislative session is scheduled to end. It began on January 4, 2017. The legislature produced the final version of a $27 billion budget on May 3, 2017. The proposal increases funding for K-12 education and reduces funding state colleges and universities. Missouri is one of 25 Republica$1 state government trifectas.

Special Elections

As of this week, 18 state legislative seats have been filled through special elections in 2017 and another 32 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 9, 2017

• Oklahoma House of Representatives District 28
• Oklahoma House of Representatives District 75 (primary)

May 16, 2017

• Georgia State Senate District 32 (Runoff)

 

 

 

 

Local Politics: The Week in Review

Elections Update

• In 2017, Ballotpedia is covering municipal elections across 54 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across seven states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 461 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
• So far this year, Ballotpedia has covered 14 city elections, three county elections, and 86 school board elections. Ballotpedia will cover between 100 and 200 local ballot measures in California in 2017.
• Local ballot measure elections occurred in California on January 10, February 28, March 7, March 28, April 4, April 11, April 25, and May 2.
• The next local ballot measure elections Ballotpedia will cover are on May 6 in Texas, May 9 in California, and May 16 in California.
• On May 16, Los Angeles voters will decide a measure—Measure C— that would allow officers accused of or found guilty of misconduct to choose between a disciplinary board of board of three civilians and a board of two command-level police officers and one civilian—the board make-up currently used for all cases. This measure was put on the ballot by a unanimous vote of the city council and is supported by Mayor Eric Garcetti (D) and the Los Angeles Police Protective League, which is a union representing LA police officers. Supporters say the measure will allow more citizen oversight. The American Civil Liberties Union (ACLU), L.A. branch of the Black Lives Matter movement, and the Los Angeles Community Action Network oppose Measure C, arguing that it is a measure to lessen policy discipline since historically civilian members of disciplinary boards are more lenient than officers. Opponents also said that the measure should go on the ballot during an election where more city voters turnout rather than the May election at which lower turnout is expected.

Monday, May 1

Former CEO of Chicago Public Schools receives prison time

• Former Chicago Public Schools (CPS) CEO Barbara Byrd-Bennett was sentenced to four and a half years in prison on federal corruption charges. The ruling came down from U.S. District JudgeEdmond Chang and concluded an investigation into Byrd-Bennett’s interaction with the SUPES company—her former employer—during Byrd-Bennett’s tenure as district CEO. She stepped down from her position in June 2015 before pleading guilty in October 2015 to steering $23 million in no-bid contracts to the SUPES company. Byrd-Bennett was ultimately convicted for scheming to take kickbacks in the form of a percentage of any contract she was able to steer toward SUPES while leading the school district. Between 2012 and 2013, SUPES contracts with CPS increased from $300,000 to $20.5 million. In October 2016, SUPES owner Gary Solomon pleaded guilty one count of federal wire fraud in relation to the scandal. Chicago Public Schools is the largest school district in Illinois serving 392,558 students during the 2014-2015 school year—approximately 19 percent of all public school students in the state.

Portland City Council adopts budget for 2017-2018

• Members of the Portland City Council approved the city’s proposed budget for 2017-2018. The proposed budgeted expenditures totaled $11,941,483 and called for the levy of 13.6574 mills. Of the total millage increase, 12.6574 mills will be levied on taxable assessed valuation as equalized and will serve the general operating requirements of the city. An additional 1.00 mills will be levied for improvements to local streets. A 2 percent increase in water and wastewater rates was approved to help support the budget. The budget was adopted after a public hearing on the proposal drew no public comment. Portland is the largest city in Oregon and the 29th-largest city in the U.S. by population.

Progressive income tax proposed by Seattle City Council

• The Seattle City Council unanimously approved a resolution that could place a progressive tax on high-income households. This is the first step toward enacting an income tax in the city. A progressive income tax requires households with higher incomes to pay higher tax rates. The resolution, proposed by councilmember Lisa Herbold and co-sponsored by council president Bruce Harrell, also has the support of Seattle Mayor Ed Murray (D). The resolution states the council will begin considering an income tax ordinance on May 31, 2017, with the goal of passing it in July 2017. Several details of the measure have not yet been determined, such as what types of households would be taxed, what constitutes a high-income household, at what rate the determined households would be taxed, and how the tax would be collected and spent. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.

Ohio judicial filing deadline passes

• In Ohio, the filing deadline passed to run in nonpartisan general elections for eight municipal court judgeships in Hamilton County. Judges in Hamilton county are elected to six-year terms. The election will be held on November 7, 2017. Hamilton County was home to an estimated 806,631 residents in 2014, according to the United States Census Bureau.

Tuesday, May 2

Philly DA could face additional corruption charges

• Philadelphia District Attorney Seth Williams (D) could face additional charges in an ongoing corruption investigation. On March 21, 2017, Williams was indicted by the U.S. Attorney’s Office for New Jersey under charges of corruption and accepting bribes. The indictment had a total of 23 charges. With a trial date set for May 31, the FBI sought additional information on the connection between Williams and Local 98 of the International Brotherhood of Electrical Workers, an electrical worker union that has donated more than $30 million to state and local political campaigns since 2000. In 2015, the union donated $6,400 to Williams, which covered the full cost of summer camp trips made by Williams’ daughters to Spain and Japan in that same year. The donation came five months before Williams’ office was called upon to investigate a work-site altercation involving the union’s long-time leader, John Dougherty. Dougherty has also been the subject of a federal grand jury investigation for unrelated charges. Williams ultimately recused his office from the assault investigation. Local 98 representatives argue the union’s decision to cover the trips made by Williams’ daughters was a scholarship similar to many other scholarships distributed to students each year. Williams’ attorney had no comment on the pending investigation. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
• Philadelphia is holding partisa$1 primary elections on May 16, 2017. Included in these elections is the race to replace Williams after his indictment and decision not to run for re-election. Seven candidates are running in the Democratic primary, while a single candidate is running in the Republican primary. On the same date, primary elections will also be held for city controller and three municipal court judgeships in Philadelphia’s First Judicial District.

Local elections held across U.S.

Montana

• Billings Public Schools held nonpartisan general elections for three of nine school board seats. All three seats up for election were unopposed. The election was therefore canceled, and the candidates were automatically elected. The incumbents in Districts 1 and 2 were joined on the school board by a newcomer in the High School District B seat. School board elections in Billings Public Schools have not seen opposition since the election cycle in 2014, although two write-in candidates competed for an open seat in 2015 after no candidate officially filed in the race for the vacant seat. Billings Public Schools is the largest public school in Montana serving 11,348 students during the 2014-2015 school year—approximately 7.9 percent of all public school students in the state.
• In addition to voting in the school board election, voters also decided on $2.56 million in tax levies. The $1.36 million elementary school levy passed with 15,152 votes for (50.87 percent) and 14,635 (49.13 percent) against the proposal. Unofficial results also reported that the $1.2 million high school tax levy was defeated by a margin of 354 votes—17,597 votes in favor of passing the levy and 17,951 votes against passing the levy.

Nebraska

• In Lincoln, nonpartisan general elections were held for three of seven at-large city council seats and two seats on the airport authority board of directors. A primary election was held on April 4, 2017. Elections for city council and airport authority board of directors in Lincoln are officially nonpartisan, but the Lancaster County Election Commission provides partisan affiliations for city council and airport board candidates for informational purposes. With a 4-3 Republican majority heading into the election and two Republican-held seats and one Democratic-held seat up for grabs, the outcome of the election shifted the partisan balance of the city council. Wins by Democratic candidates Leirion GaylorBaird an$1 Bennie Shobeswung council control to Democrats. Challenger Zachary James' win made him the sole Democratic member of the airport authority board of directors. Prior to the 2017 election, the board was divided 3-2 between Republican and independent members. Lincoln is the second-largest city in Nebraska and the 72nd-largest city in the U.S. by population.
• A nonpartisan general election was held for four of seven seats on the Lincoln Public Schools school board. Incumbents won re-election to each of the seats in Districts 1, 3, 5, and 7. A primary election was held on April 4, 2017, and all primary candidates advanced to the general election because no more than two candidates filed to run in each race. Lincoln Public Schools is the largest school district in Nebraska serving 30,831 students during the 2014-2015 school year—approximately 10 percent of all public school students in the state.

Ohio

• A primary election for mayor was held in Cincinnati. The primary was triggered after more than two candidates filed for the seat. Incumbent John Cranley (D) faced two challengers, including Rob Richardson and at-large Cincinnati Councilwoman Yvette Simpson. Cranley and Simpson advanced to the general election, which will be held on November 7, 2017. Cranley received 35 percent of the vote in the primary, while Simpson received 45 percent of the vote. The mayorship is a nonpartisan position, but both Cranley and Simpson are considered Democrats. Cincinnati is the third-largest city in Ohio and the 65th-largest city in the U.S. by population.
• Cincinnati will also hold general elections for all nine city council seats on November 7, 2017. Regardless of the number of candidates that file, the city does not hold a primary election for city council positions. The filing deadline for city council candidates is August 24, 2017.
• A primary election for three of seven at-large city council seats was held in Columbus. Six of 11 candidates advanced to the general election, including the three incumbents who filed for re-election. The general election will be held on November 7, 2017. Columbus is the largest city in Ohio and the 15th-largest city in the U.S. by population.
• Columbus will also hold general elections for the positions of city attorney and city auditor on November 7, 2017. The filing deadline for all candidates wishing to run in this election was February 1, 2017.

City council member indicted for embezzlement recalled in Rhode Island

• In Rhode Island, Kevin Jackson (D) was recalled from the Providence City Council. Of the votes cast, 90.81 percent supported Jackson’s recall, while 8.19 percent opposed the recall. The recall effort was initiated in September 2016 by Providence resident Tricia Kammerer. She cited the primary reason for the recall as Jackson’s indictment for embezzlement in July of the same year. Jackson responded to the recall effort saying the recall was based on political rather than legal reasoning. The recall petition was approved for circulation in October 2016, and the Providence Board of Canvassers verified 2,383 signatures on petitions against Jackson on March 3, 2017. The city council then had to schedule the recall election between 30 and 60 days after the board’s verification, according to the city charter. The charter also requires a special election to fill vacancies created by recall. This date has not yet been set. Providence was home to an estimated 178,042 residents in 2010, according to the United States Census Bureau.

Special election filing deadline passes in Texas

• The filing deadline passed to run in a special election to fill the vacant District 8 seat on the El Paso City Council. Five candidates filed to run in the special election, which will be held on June 10, 2017. Councilwoman Cortney Niland announced her resignation as District 8 representative on April 4, 2017. Niland has been charged with violating the Texas Open Meetings Act by attending closed door meetings about proposed locations for a city arena. Mayor Oscar Leeser (D), and the District 1, 2, and 7 city council members have also been charged with the same violation. El Paso is the sixth-largest city in Texas and the 19th-largest city in the U.S. by population.
• El Paso will hold nonpartisan general elections for mayor and four of nine city council seats on May 6, 2017. Eight city council members are elected by-district, while the mayor serves as the ninth at-large member.

Wednesday, May 3

Las Vegas chooses next city manager

• Effective July 7, 2017, Las Vegas Deputy City Manager Scott Adams will be promoted to city manager. Adams is replacing current city manager Betsy Fretwell who has taken a position with Switch Communications. Adams and five other candidates were interviewed for the job, but Adams ultimately won 11 of 19 council votes to fill the position. He has served the city for 13 years and has overseen the Economic and Urban Development, Community Services, Cultural Affairs, and Parks and Recreation departments. Adams has previously held planning and economic positions in Florida, Louisiana, and Tennessee. His priorities as city manager include focusing on the renewal of at-risk neighborhoods, continuing downtown development, and diversifying the city’s economy. Las Vegas is the largest city in Nevada and the 30th-largest city in the U.S. by population.

New York City mayoral candidate barred from running on Republican Party line

• Republican leaders representing the counties comprising New York Cityconcluded that mayoral candidate Bo Dietl will not be allowed to run on the Republican Party line in his 2017 election bid. Dietl, who is a former police detective and a Fox News contributor, is not a registered member of any political party but describes himself as a lifelong Republican. In 2016, Dietl tried to enroll as a member of the Democratic Party in order to challenge Mayor Bill de Blasio (D) in the NYC Democratic primary election. Under the Wilson-Pakula Act of 1947, New York state election law prohibits any candidate from collecting nominating petitions or running in a partisan primary election unless they are enrolled in that party or are granted permission to do so by party leaders. Dietl attempted to correct his voter registration paperwork in court but was unable to do so, leaving him with no party affiliation. He requested a waiver from the Wilson-Pakula with Republican party leaders representing the five counties comprising New York City: Brooklyn, Bronx, Manhattan, Queens, and Staten Island. During a conference call, all five county leaders concluded that Dietl did not have enough support among their ranks to run receive a waiver from the Wilson-Pakula certification. New York City is the largest city in the U.S. by population.

Saturday, May 6

Local elections scheduled across Texas

• Arlington will hold a nonpartisan general election for mayor and four of nine city council seats. Mayor Jeff Williams (I) faces a single challenger, while the races for city council Districts 3, 4, 5, and 8 average 2.75 candidates filing per seat. Voters will also decide on two ballot measures. The first measure is for $45 million in obligation bonds to build a senior center, and the second measure asks voters to decide on the adoption of the State Civil Service System for the Arlington Fire Department. Arlington is the 7th-largest city in Texas and the 50th-largest city in the U.S. by population.
• Collin County will hold a nonpartisan general election for Places 1, 2, and 3 on the Collin College Board of Trustees. Only one incumbent filed for re-election, guaranteeing at least two newcomers will join the board. A special election will also be held on the same date for Place 5. In October 2016, the board of trustees appointed Raj Menon to fill a vacancy left when Anne Arias resigned from the Place 5 position. Menon is running unopposed to fill the remaining two years of Arias’ term.
• A bond election for Collin College will share the ballot with the general and special elections. The proposition asks for $600 million in bonds for projects to improve the Collin County Community College District.
• A nonpartisan special election will be held for mayor in Corpus Christi. The election was triggered after former mayor Dan McQueen (R) resigned 37 days into his term—he took office in December 2016 and resigned in January 2017. McQueen's resignation came as he was facing questions about comments he had posted on Facebook about the public, the media, and city leadership. McQueen also faced scrutiny over his own educational background and his choice of chief of staff. On his campaign website, McQueen listed a bachelor's degree in engineering as one of his qualifications for office.He also listed a B.S. in electrical engineering from Florida State University on a since-deleted LinkedIn profile. On January 16, 2017, KRIS 6 News reported that Florida State had no record of McQueen's attendance at the university. McQueen confirmed to KIII News on January 18, 2017, that, although he has worked as an engineer and holds a bachelor's degree in professional aeronautics and a master's degree in IT, he does not have an engineering degree.McQueen's chief of staff, Shari Douglas, was listed in public records as sharing his home address from 2012 until shortly after his election in 2016, raising concerns that her hiring violated city ethics and nepotism rules. Eight candidates are vying for the position, including former Corpus Christi Mayor Nelda Martinez. Corpus Christi is the eighth-largest city in Texas and the 60th-largest city in the U.S. by population.
• Water quality is a central issue in this special election. Corpus Christi issued three water advisories in the 16 months leading up to the 2016 mayoral election in which McQueen defeated then-mayor Nelda Martinez. Local media traced McQueen’s victory partly to voters’ frustration with the city’s water issues. Corpus Christi continued to have water problems in the ensuing months, issuing a fourth water advisory in December 2016.
• A nonpartisan general election will be held for all 14 seats of the Dallas City Council. Incumbents are running for re-election in each of the 14 races. The only unopposed race is in District 10, where incumbent Adam McGough was the sole candidate to file for the seat. Dallas is the third-largest city in Texas and the 9th-largest city in the U.S. by population.
• The city of El Paso will hold nonpartisan general elections for mayor and four of nine city council seats. Only two incumbents filed for re-election in these races: District 2 incumbent Jim Tolbert and District 7 incumbent Lily Limon. Mayor Oscar Leeser (D) did not file for re-election, leaving the race for mayor open. The races in Districts 3 and 4 are also for open seats. El Paso is the sixth-largest city in Texas and the 19th-largest city in the U.S. by population.
• El Paso County will hold a nonpartisan general election for two of seven seats on the El Paso Community College Board of Trustees. District 1 incumbent John Uxer Jr. is running for re-election and faces two challengers. In District 7, the incumbent opted not to seek an additional term. Two newcomers are vying for the open seat. El Paso County was home to an estimated 833,487 residents in 2014, according to the United States Census Bureau.
• Nonpartisan general elections will be held for mayor and all eight seats on the Fort Worth City Council. The city council consists of eight members elected by district with the mayor serving as the ninth at-large member. Mayor Betsy Price (R) is running for re-election, as are the incumbents in Districts 3, 4, 5, 6, 7, and 8. The District 2 incumbent opted not to seek re-election, and four newcomers are vying for the seat. Fort Worth is the fifth-largest city in Texas and the 17th-largest city in the U.S. by population.
• The city of Garland will hold nonpartisan general elections for mayor and all eight city council seats. The Garland City Council consists of eight members elected by district with the mayor serving as the ninth at-large member. Mayor Douglas Athas (R) is seeking another term and faces a single challenger. At least three newcomers will join the city council, as the incumbents in Districts 3, 6, and 8 did not file for re-election. District 7 incumbent Scott LeMay is unopposed. Garland is the 12th-largest city in Texas and the 88th-largest city in the U.S. by population.
• Nonpartisan general elections will be held for mayor and two of eight Irving City Council Seats. The Irving City Council consists of eight members elected by district with the mayor serving as the ninth at-large member. Mayor Beth Van Duyne (R) opted to run for re-election. Four candidates, including former Irving City Councilman Rick Stopfer, are completing for the open seat. In the races for city council, the Place 3 incumbent is running for re-election unopposed, and the Place 5 incumbent faces a single challenger in his re-election bid. Irving is the 13th-largest city in Texas and the 94th-largest city in the U.S. by population.
• Plano will hold nonpartisan general elections for mayor and three of seven city council seats. All seven Plano City Council members are elected at large, with the mayor serving as the eighth council representative. Mayor Harry LaRosiliere faces three challengers in his re-election bid. In the city council races, newcomers are guaranteed to win election to Places 2 and 4, as the incumbents in both positions have reached the two-term limit established in Section 3.01 of the Plano City Charter. The Place 8 incumbent is seeking re-election and faces two challengers. Plano is the ninth-largest city in Texas and the 70th-largest city in the U.S. by population.
• Voters will also decide on six city bond propositions to fund project proposals. In all, the bond propositions total $224.12 million.
• Nonpartisan general elections will be held for mayor and all 10 city council seats in San Antonio. The San Antonio City Council consists of 10 members elected by district with the mayor serving as the 11th at-large member. Mayor Ivy R. Taylor (D) faces 13 challengers in her bid for a second term. In the city council races, at least four newcomers are guaranteed to win seats in Districts 6, 8, 9, and 10, as the incumbents chose not to seek re-election. Voters will also decide on six city bond measures to fund project proposals. In all, the bond measures total $850.00 million. San Antonio is the second-largest city in Texas and the seventh-largest city in the U.S. by population.
• The construction of a $3 billion water pipeline to meet growing consumption in the city is a point of contention in the 2017 election. In 2014, the San Antonio City Council voted unanimously to approve the construction of the Vista Ridge Pipeline Project to transport water approximately 140 miles from Burleson County to the city. Supporters say the pipeline is necessary to meet the needs of the growing population of the area, while critics argue that the city has other options—such as desalination and conservation—to address water needs that would reduce risks to the long-term water security of the area.
• Tarrant County will hold nonpartisan general elections for three of seven seats on the Tarrant County College District Board of Trustees and three of five seats on the Tarrant Regional Water District Board of Directors. The Tarrant County College trustees are elected by district, and the Tarrant Regional Water District trustees are elected at large. The incumbents in Districts 3 and 4 on the college board are running for re-election, while a newcomer is running unopposed for the open District 5 seat. Two incumbents are running for re-election to the water district board and are joined on the ballot by three newcomers. Tarrant County was home to an estimated 1,945,360 residents in 2014, according to the United States Census Bureau.
• Travis County will hold a nonpartisan general election to decide on 15 ballot measures. Voters will decide whether to create Emergency Services District No. 15, Municipal Utility District No. 23, and Municipal Utility District No. 24 and will vote on permanent directors for the proposed municipal utility districts. Measures to impose or raise taxes and issue bonds will also be on the ballot in the county.
• Williamson County will hold a nonpartisan general election to decide on eight ballot measures. Voters will decide whether to create Municipal Utility District No. 34 and will vote on permanent directors for the district. Measures to annex land to Emergency Services Districts No. 8 and 9 and issue bonds in Municipal Utility District No. 34 will also be on the ballot in the county.
• Houston Independent School District will hold an election on a proposition—Proposition 1—to authorize the district to pay the state an estimated $77.5 million in the first year and additional payments in following years to purchase attendance credits that would allow the district to retain within the district boundaries commercial property that brings in local property tax revenue. If the district does not purchase attendance credits from the state, it will remain in recapture and as much as $18 billion worth of non-residential property—including the property tax revenue it generates—could be detached from the district. Recapture is when the district's ratio of property value to student enrollment is large enough that state law—commonly called the Robin Hood plan—requires the district to relinquish a certain amount of commercial property and the property tax revenue it produces. A similar measure was on the ballot on November 8, 2016, when 62.64 percent of voters rejected it. At that time the estimated payments required to purchase enough attendance credits were higher, with the first annual payment estimated at $162 million. The November 2016 measure was defeated.
• Nonpartisan general elections are scheduled across 69 of the largest school districts in Texas for 197 school board seats. The largest of these districts holding elections is the Dallas Independent School District, which served 160,253 students during the 2014-2015 school year—approximately 3.1 percent of all public school students in the state.
• A total of 14 Texas school districts representing approximately 350,000 students had joined the One Voice for Texas Public Education coalition as of April 11, 2017. The coalition was started in fall 2016 by Fort Bend ISD board of trustees President Kristin Tassin and Katy ISD board of trustees Sergeant-at-Arm$1 Henry Dibrell in order to present a united front when speaking to state legislators about education issues.Boards of the districts who became members of One Voice for Texas Public Education either passed a resolution to join the coalition or to participate in it. Fort Bend ISD joined the coalition, bu$1 Katy ISD did not. The following districts also joined:Klein ISD, Garner ISD, Spring Branch ISD, Salado ISD, Presidio ISD, Somerville ISD, Lamar CISD, Matagorda ISD, Karnes City ISD, Nordheim ISD, Kerrville ISD, Cypress-Fairbanks ISD, an$1 Spring ISD. The coalition highlighted the state's changing demographics as a reason the school districts came together. The coalition also expressed support for three issues: "Making School Finance a Legislative Priority," "Making Uniform Standards and Requirements for All State Funded School Systems a Legislative Priority," and "Making Accountability and Assessment a Legislative Priority."

What's On Tap Next Week

Tuesday, May 9

Mayoral election scheduled in Nebraska

• General elections for mayor and all seven seats on the city council will be held in Omaha. Mayo$1 Jean Stothert (R) is seeking re-election against former state Sen. Heath Mello (D) after advancing from the April 4 primary election. The city council is controlled by a 4-3 Democratic majority heading into the 2017 election, meaning a net gain of one seat for Republicans would flip control of the council. More information about the council’s governing majority can be found here. As of April 24, 2017, Stothert’s campaign reported raising roughly $500,000 with $241,352.32 on hand, while Mello reported raising roughly $900,000 with $240,898,29 on hand. Omaha is the largest city in Nebraska and the 42nd-largest city in the U.S. by population.
  • The mayoral race in Omaha has attracted national attention.
    • In April 2017, Wisconsin Gov. Scott Walker (R) and U.S. Sen. Bernie Sanders (I) visited the city. Sanders campaigned with Mello, while Walker campaigned with Stothert. Stothert’s campaign responded to Sanders’ visit by saying, “Bernie Sanders is a self-avowed socialist and Mello’s embracing him will push every conservative voter to Mayor Stothert.” Mello’s campaign responded to Walker’s visit by saying, “Now, in a moment of desperation, the Stothert campaign is turning to an extreme Republican who has decimated public education and repealed equal pay laws.”
    • Daily Kos withdrew its endorsement of Mello in the race on April 20, 2017. The blog said its decision was based on Mello’s support of legislation in 2009 that would require women seeking an abortion to undergo an ultrasound. At least two bills regarding abortion and ultrasounds were introduced to the Nebraska State Senate in 2009. Mello was listed as a co-sponsor on LB 675. The bill was signed into law on May 9, 2009, after it was amended to give women the option to view an ultrasound rather than require women to view it. After the endorsement was withdrawn, Mello released a statement saying, “While my faith guides my personal views, as mayor I would never do anything to restrict access to reproductive health care.”

Delaware to hold school board elections

Five of Delaware’s largest school districts by enrollment will hold nonpartisan general elections for six school board seats. The largest of these school districts holding an election in 2017 is the Red Clay Consolidated School District. A special election will be held in the Christina School District for the District B seat due to the resignation of incumbent Margaret Mason on April 4, 2017. The district served 16,301 students during the 2014-2015 school year—approximately 12 percent of all public school students in the state.

 

Ballotpedia depends on the support of our readers.

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

 

Donate Securely Online