The Tap: How to fill a vacancy at the top of a ticket

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August 6, 2016Issue No. 28

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The week in review: July 30 - August 5
What's on Tap next week: August 6 - August 12

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

On Wednesday, August 3, ABC News reported that the Republican National Committee was considering how to replace Donald Trump if he were to drop out of the presidential race. Party strategist Sean Spicer refuted the report, telling The Hill, “Donald Trump is the nominee of the Republican Party full-stop. That’s the reality. The rest is just a media-pundit concoction.” For a technical overview of the story, Ballotpedia has reported on the mechanisms that the party could use to fill a vacancy on the ticket and has compiled a state-by-state list of deadlines for political parties to certify the names of their presidential and vice presidential candidates and electors for placement on the general election ballot.

 

Federal

The Week in Review

Saturday, July 30

  • Donald Trump was criticized by Republicans and veterans for his response to the Democratic National Convention speech from military parents Khizr and Ghazala Khan, whose son was killed in Iraq in 2004. "If you look at his wife [Ghazala Khan], she was standing there. She had nothing to say. She probably, maybe she wasn't allowed to have anything to say. You tell me,” Trump said during an interview with ABC News. Responding to Khan’s assertion that he had not sacrificed anything, Trump also said, “I think I've made a lot of sacrifices. I work very, very hard. I've created thousands and thousands of jobs, tens of thousands of jobs, built great structures. I've had tremendous success. I think I've done a lot.” Trump later released a statement saying, “While I feel deeply for the loss of his son, Mr. Khan who has never met me, has no right to stand in front of millions of people and claim I have never read the Constitution, (which is false) and say many other inaccurate things. If I become President, I will make America safe again.”
    • Khan responded to Trump’s statements in an interview on CNN on Sunday. He said that his wife was unable to see a photo of her son and maintain her composure due to grief. “For this candidate for presidency to not be aware of the respect of a Gold Star mother standing there, and he had to take that shot at her, this is height of ignorance. This is why I showed him [the] Constitution. Had he read that, he would know the status a Gold Star mother holds in this nation,” he said.
    • Ghazala Khan also wrote an op-ed in The Washington Post on Sunday to address Trump’s charge, writing, "Walking onto the convention stage, with a huge picture of my son behind me, I could hardly control myself. What mother could? Donald Trump has children whom he loves. Does he really need to wonder why I did not speak?"
  • A Clinton campaign spokesman announced that proprietary campaign information maintained by the Democratic National Committee (DNC) was accessed when the DNC was hacked. The FBI released this statement regarding the hack: “The FBI is aware of media reporting on cyber intrusions involving multiple political entities, and is working to determine the accuracy, nature and scope of these matters.”

Sunday, July 31

  • During an interview that aired on ABC News, Donald Trump said that he was not concerned with Russian President Vladimir Putin entering Ukraine. “He’s not gonna go into Ukraine, all right? You can mark it down. You can put it down. You can take it anywhere you want.” When host George Stephanopoulos countered that Russia had already entered Ukraine, Trump said, “OK― well, he’s there in a certain way. But I’m not there. You have Obama there. And frankly, that whole part of the world is a mess under Obama with all the strength that you’re talking about and all of the power of NATO and all of this. In the meantime, he’s going away. He take ― takes Crimea.” He added that he heard that Crimeans “would rather be with Russia than where they were.”
  • Hillary Clinton’s running mate, Tim Kaine, expressed support for the Hyde Amendment, which prohibits the funding of abortion services with federal taxpayer money. When asked to explain why Clinton campaign manager Robby Mook said a week earlier that he would “stand with Secretary Clinton to defend a woman's right to choose, to repeal the Hyde Amendment," Kaine said, “That is not accurate and I don't think Robby has said that.”

Monday, August 1

  • The public feud between Donald Trump and Khizr and Ghazala Khan, the parents of a soldier killed in Iraq in 2004, continued with Trump criticizing the number of interviews the Khans were participating in. He tweeted, “Mr. Khan, who does not know me, viciously attacked me from the stage of the DNC and is now all over T.V. doing the same - Nice!” Khan responded, "I spoke what was appropriate, and if he is watching, just imagine, there was no need to comment the way he commented. That initiated this conversation. I again say, we want to maintain our dignity. We want to maintain my family's dignity, my son's dignity and sacrifice. And he should listen to America, what America and the world is telling about the remarks, about the lack of empathy, and that's all I wish to convey to him."
    • The Veterans of Foreign Wars denounced Trump. The organization’s leader, Brian Duffy, said in a statement, “There are certain sacrosanct subjects that no amount of wordsmithing can repair once crossed. Giving one’s life to nation is the greatest sacrifice, followed closely by all Gold Star families, who have a right to make their voices heard.” The families of 17 military members who died in service also wrote an open letter to Donald Trump requesting that he apologize to the Khan family and all Gold Star families. They wrote, “You are not just attacking us, you are cheapening the sacrifice made by those we lost. You are minimizing the risk our service members make for all of us. This goes beyond politics. It is about a sense of decency. That kind decency you mock as ‘political correctness.’”
    • U.S. Sen. John McCain (R-Ariz.) released a statement condemning Trump’s response to the Khan family. “I cannot emphasize enough how deeply I disagree with Mr. Trump's statement. I hope Americans understand that the remarks do not represent the views of our Republican Party, its officers, or candidates. … While our Party has bestowed upon him the nomination, it is not accompanied by unfettered license to defame those who are the best among us,” he wrote.
  • Both The New York Times and The Los Angeles Times released articles focused on the Clinton campaign’s efforts to appeal to white men, a demographic Clinton is losing to Trump almost two-to-one. “The campaign is generally underperforming relative to Mr. Obama’s 2012 numbers with white men, leading aides to believe there are still minds to be changed. But she is outperforming Mr. Obama with white women. In particular, the campaign is targeting college-educated whites, a group that Mitt Romney won handily four years ago,” The New York Times noted.
  • Sally Bradshaw, a senior adviser to Jeb Bush’s 2016 presidential campaign, said in an interview that she had switched her party affiliation from Republican to unaffiliated. "I've been considering the switch for months. Ultimately, I could not abide the hateful rhetoric of Donald Trump and his complete lack of principles and conservative philosophy. I didn't make this decision lightly – I have worked hard to make our party a place where all would feel welcome. But Trump has taken the GOP in another direction, and too many Republicans are standing by and looking the other way,” she said. Bradshaw added that if the election is close in Florida, she will vote for Hillary Clinton to oppose Trump’s candidacy.
  • Green Party presidential candidate Jill Stein announced that she had selected human rights advocate Ajamu Baraka to be her running mate. She described him as an "activist, writer, intellectual and organizer with a powerful voice, vision, and lifelong commitment to building true political revolution." Stein and Baraka are expected to formally receive their party’s nomination at the Green Party National Convention on Saturday.
  • During a rally in Ohio, Donald Trump said the Democratic primary was rigged. “And I’m afraid the election is going to be rigged, I have to be honest,” he continued. Trump also suggested that he might revoke the press credentials for The New York Times because it was “very dishonest” in its coverage of him.
  • The New York Times reported that Donald Trump received five deferments exempting him from military service during the Vietnam War. Four of them were for education, and one was for bone spurs in his heels. According to the Times, “The diagnosis resulted in a coveted 1-Y medical deferment that fall, exempting him from military service as the United States was undertaking huge troop deployments to Southeast Asia, inducting about 300,000 men into the military that year.” Trump’s military record has come under scrutiny since he began feuding with Khizr and Ghazala Khan, the parents of a soldier killed in Iraq in 2004.
  • The U.S. military conducted precision airstrikes against the Islamic State of Iraq and the Levant (ISIL) in Sirte, Libya, Monday through Wednesday, hitting a T-72 tank, two military support vehicles, an enemy fighting position, a T-55 tank, two pieces of heavy engineering equipment, a rocket launcher, an excavator, and two pickup trucks with mounted recoilless rifles, according to a press release from the Department of Defense. The airstrikes on ISIL targets were requested by the Libyan Government of National Accord to protect civilians from the terrorist group and to continue to regain territory from ISIL in Sirte. Pentagon Press Secretary Peter Cook said, “The ability to strike [these targets] precisely without exposing civilians to risk was the reason that strike was conducted. The United States stands with the international community in supporting the GNA as it strives to restore stability and security to Libya. These actions and those we have taken previously will help deny ISIL a safe haven in Libya from which it could attack the United States and our allies.” The airstrikes are expected to continue for a few weeks.
  • Ed Brookover, a senior strategist for Donald Trump’s presidential campaign, was fired from the campaign. He was initially hired as a delegate selection advisor and helped to organize the Republican National Convention. Prior to joining Trump’s campaign, Brookover was a senior strategist and then campaign manager for Ben Carson. According to Politico, Brookover's firing was part of a "campaign shakeup," and two other Trump aides, William McGinley and Mike McSherry, were set to take on expanded roles in the campaign.

Tuesday, August 2

  • U.S. Rep. Richard Hanna (R-N.Y.) became the first member of Congress to publicly declare that he will cross party lines and vote for Hillary Clinton in November. He wrote in an op-ed, "In his latest foray of insults, Mr. Trump has attacked the parents of a slain U.S. soldier. Where do we draw the line? I thought it would have been when he alleged that U.S. Sen. John McCain was not a war hero because he was caught. Or the countless other insults he's proudly lobbed from behind the Republican presidential podium. For me, it is not enough to simply denounce his comments: He is unfit to serve our party and cannot lead this country." Hanna previously announced in December that he was retiring after serving three terms in the House.
  • Clinton’s campaign and joint fundraising operation with national and state Democratic parties together raised nearly $90 million in July. “The campaign [in] began August with more than $58 million on hand, with the average July donation coming in at $44 and 54 percent of the last month's contributions coming from new donors,” Politico noted.
  • President Barack Obama called Donald Trump “unfit to serve as president.” He continued, “He keeps on proving it. … The notion that he would attack a Gold Star family that made such extraordinary sacrifices on behalf of our country, the fact that he doesn't appear to have basic knowledge of critical issues in Europe, the Middle East, in Asia, means that he's woefully unprepared to do this job.” Obama then criticized Republican leaders for not withdrawing their support for Trump. He said, “What does this say about your party that this is your standard-bearer? This isn't a situation where you have an episodic gaffe. This is daily and weekly where they are distancing themselves from statements he's making. There has to be a point at which you say, 'This is not somebody I can support for president of the United States, even if he purports to be a member of my party.’”
    • Trump responded to the criticism in a statement, saying, "Hillary Clinton has proven herself unfit to serve in any government office. Obama-Clinton have single-handedly destabilized the Middle East, handed Iraq, Libya and Syria to ISIS, and allowed our personnel to be slaughtered at Benghazi." In an interview, Trump continued his criticism, saying, "He's [Obama’s] a terrible president. He'll probably go down as the worst president in the history of our country. He's been a total disaster."
  • Donald Trump declined to endorse House Speaker Paul Ryan (R-Wis.) in his primary election. He said, “I like Paul, but these are horrible times for our country. We need very strong leadership. We need very, very strong leadership. And I’m just not quite there yet. I’m not quite there yet.” According to The Washington Post, “Trump also said he was not supporting Sen. John McCain in his primary in Arizona, and he singled out Sen. Kelly Ayotte as a weak and disloyal leader in New Hampshire, a state whose presidential primary Trump won handily.”
  • NBC News reported that Hillary Clinton and groups supporting her have planned to spend nearly $97 million more on TV ads than Donald Trump and groups supporting his candidacy. According to NBC News, “Clinton's campaign and pro-Clinton group Priorities USA Action have reserved a combined $98 million through the fall so far, while pro-Trump PAC Rebuilding America Now has just about $817,000 set to air at this time. Through last week, Team Clinton had aired a total of $68 million in ads, while Team Trump had spent roughly $6 million - mostly from Rebuilding America Now and the NRA Political Victory Fund.”
  • Maria Comella, a former top aide to New Jersey Governor Chris Christie, said that she plans to vote for Hillary Clinton during an interview. She explained, "Donald Trump has been a demagogue this whole time, preying on people's anxieties with loose information and salacious rhetoric, drumming up fear and hatred of the 'other.’ Instead of trying anything remotely like unifying the country, we have a nominee who would rather pick fights because he views it as positive news coverage. It may make him media savvy, but it doesn't make him qualified or ready to be president."
  • Donald Trump said that he would defeat the Islamic State in Iraq and Syria (ISIS) by bombing them. He said, "We have no choice but to bomb them. They have taken over Libya. That was another one of Hillary Clinton's duties — they have taken over Libya. No good. We have to bomb them. … I would do what you have to do to get rid of ISIS. It's a horrific problem. ... We should have never been there in the first place. I was opposed to going into Iraq.”
  • Kansas held congressional primaries.
    • In Kansas’ 1st Congressional District, Rep. Tim Huelskamp (R) became the fourth member of Congress to lose a primary in 2016. Huelskamp was defeated by physician Roger Marshall by a significant margin of 13 percent. In a reversal of the usual narrative, Huelskamp, the incumbent, was supported by the more conservative, anti-establishment wing of the Republican Party, while the challenger, Marshall, received the backing of groups normally associated with establishment Republicans. The district is rated safely Republican in November.
    • The U.S. Senate seat held by Jerry Moran is up for election in 2016. Moran defeated D.J. Smith in the Republican primary, while Patrick Wiesner defeated Monique Singh to win the Democratic nomination. The race is rated safely Republican in the general election.
    • Kansas has four U.S. House districts. The Republican Party currently holds all four seats. Each House seat is rated safely Republican in the general election.
  • Missouri held congressional primaries.
    • The U.S. Senate seat held by Roy Blunt is up for election in 2016. Blunt easily defeated three challengers in the Republican primary, while Missouri Secretary of State Jason Kander defeated three other Democratic challengers to win the nomination. The race is rated as a race to watch in the general election.
    • Missouri has eight U.S. House districts. The Republican Party currently holds six seats to the Democratic Party’s two. All eight incumbents are seeking re-election, and each faced and defeated at least one primary challenger on Tuesday. Each House seat is rated safe for the party that currently holds it.
  • Washington held congressional primaries.
    • Washington uses a top-two primary system. All candidates compete together in the same primary regardless of party affiliation. The two candidates who receive the most votes then advance to the general election. Washington also votes exclusively by mail. As a result, the second-place finisher in the majority of U.S. House races has not been called yet.
    • The U.S. Senate seat held by Patty Murray (D) is up for election in 2016. Murray and Chris Vance (R) took the top two spots in the primary, defeating 15 other candidates. The race is rated safely Democratic in November.
    • Washington has 10 U.S. House districts. The Democratic Party currently holds six seats to the Republican Party’s four. Nine of the state’s 10 incumbents are seeking re-election, and each incumbent took the top spot in his or her district’s primary.
    • District 7 incumbent Jim McDermott (D) is the only incumbent not seeking re-election in 2016. Pramila Jayapal (D) took the top spot in the race and will face another Democrat in November, although the second place slot has not been called yet. Brady Walkinshaw currently leads Joe McDermott by 0.4 percent of the vote.
    • There are no battlegrounds in Washington. Each district is rated safe for the party currently in control of the seat.
  • President Barack Obama and Singaporean Prime Minister Lee Hsien Loong met at the White House to celebrate the 50th anniversary of diplomatic relations between the United States and Singapore. Obama said that they shared a “common vision of a peaceful and prosperous Asia-Pacific and a more secure world.” In a press conference, Obama and Lee discussed the importance of ratifying the Trans-Pacific Partnership (TPP) trade deal. Lee said, “Singapore fervently hopes that the U.S. will stay engaged and maintain its indispensable role in the Asia-Pacific. In particular, we hope, and I’m sure the president shares this hope, that Congress will ratify the TPP soon.” Despite a lack of support for TPP in Congress, Obama said that his administration will continue efforts to convince legislators to approve the trade deal. Obama also addressed the anti-TPP rhetoric of presidential nominees Hillary Clinton (D) and Donald Trump (R). He said, “They are coming from a sincere concern about the position of workers and wages in this country. But I think I’ve got the better argument, and I have the evidence to support it. And hopefully after the election is over and the dust settles, there will be more attention to the actual facts behind the deal, and it won’t just be a political symbol or political football.”
  • Donald Trump shuffled his North Carolina campaign team, appointing Jason Simmons as state director in place of Earl Philip. According to Politico, Philip “just had a difficulty relating to the grassroots activists and did not share a lot of information.” Simmons previously worked for North Carolina Gov. Pat McCrory and was on the North Carolina staff for Mitt Romney’s 2012 presidential campaign.
  • Aetna, one of the five major nationwide health insurance companies, announced that it would not be expanding its business on the Affordable Care Act health insurance exchanges in 2017 as originally planned. The company also stated that it would be re-evaluating its current presence on the exchanges. The announcement came as the health insurer revealed that it expected a $300 million loss on the exchanges for 2016. Aetna is the fifth national insurer to announce an expected loss for this plan year. UnitedHealth and Humana have both said they will withdraw from most ACA markets next year, while Anthem will be similarly re-examining its presence on the exchanges. Cigna expects a small loss this year, but maintains plans to expand its exchange health plans in 2017.

To learn more about health insurance exchanges, see this article.

  • At least 15 states and a dozen energy groups filed legal challenges against the Obama administration for its rule limiting methane emissions from the oil and gas industry. West Virginia and agencies representing 12 other states filed a lawsuit against the U.S. Environmental Protection Agency (EPA), arguing that the emissions limits would place additional costs on oil and gas developers, which would effectively raise consumer costs. Texas and North Dakota filed their own lawsuits. Furthermore, the states argued that the EPA went beyond its statutory authority under the Clean Air Act when the agency wrote the rule. West Virginia Attorney General Patrick Morrisey, who is leading the lawsuit, argued that the EPA has ignored how the oil and gas industry has voluntarily reduced its methane emissions in the past decade. In addition to West Virginia, the lawsuit was joined by Alabama, Arizona, Kansas, Kentucky, Louisiana, Michigan, Montana, Ohio, Oklahoma, South Carolina, and Wisconsin as well as the Kentucky Energy and Environment Cabinet and the North Carolina Department of Environmental Quality. The EPA expects this new rule to cut methane emissions by between 6.9 million tons and 11 million tons by 2025. The new methane rules will cover around 15,000 wells across the United States and will require oil and gas producers to limit emissions from wells, pumps, and compressors as well as along the routes used to transport oil and natural gas.

Emissions map.png

Wednesday, August 3

  • U.S. Rep. Adam Kinzinger (R-Ill.) announced that he did not see how he could support Donald Trump in November and was considering writing in a candidate. "I'm an American before I'm a Republican. I'm saying for me personally, how can I support that? Because he's crossed so many red lines that a commander in chief or a candidate for commander in chief should never cross,” Kinzinger said.
  • The Trump campaign announced in a statement that it had raised $80 million in July and has $74 million in cash on hand. According to Reuters, $64 million was funded by donations to the campaign and matching donations from Trump.
  • In a fundraising email, Libertarian presidential nominee Gary Johnson said that he had raised $1 million in the past two weeks from more than 20,000 donors.
  • President Barack Obama commuted the sentences of 214 inmates, most of whom were serving sentences for low-level drug crimes. According to a White House press release, “To date, President Obama has granted 562 commutations: more commutations than the previous nine presidents combined and more commutations than any individual president in nearly a century. Of those, 197 individuals were serving life sentences. And, today’s 214 grants of commutation also represent the most grants in a single day since at least 1900.” The commutations are part of an initiative launched by the Obama administration in 2014 “to prioritize petitions for commutations from individuals convicted of non-violent drug offenses who were serving longer sentences than they would be given today if convicted of the same crime.”
  • Hillary Clinton began planning her transition effort in the event that she is elected president in November. According to The Associated Press, Clinton campaign chair John Podesta and longtime Clinton advisor Minyon Moore will lead the transition team, which “will be focused on creating lists of potential administration appointees and developing a roadmap for her policy agenda.” Republican candidate Donald Trump began his own transition efforts in early May, naming New Jersey Gov. Chris Christie the chair of his transition team.
  • Billionaire investor and Republican megadonor Seth Klarman announced that he would find more ways to support Hillary Clinton’s presidential campaign. Klarman initially donated $5,400 to her campaign in June, and in a statement to Reuters, he said of Donald Trump, “His words and actions over the last several days are so shockingly unacceptable in our diverse and democratic society that it is simply unthinkable that Donald Trump could become our president.” Klarman has previously donated to efforts for Jeb Bush, Marco Rubio, and Chris Christie this cycle. Along with Paul Singer, Klarman is also one the main funders of American Unity PAC, a super PAC in support of Republican candidates who support same-sex marriage.
  • The EPA held public hearings on the Clean Energy Incentive Program, an optional program within the Clean Power Plan meant to encourage increased use of renewable energy and energy efficiency measures. The day also marked one year since the EPA formally announced the final version of the Clean Power Plan (CPP). In February 2016, the Supreme Court put the CPP on hold while a lower court reviews legal challenges to the CPP. The CPP, or 111(d) rule, is a regulation that would expand the scope of the Clean Air Act to reduce carbon dioxide emissions through limitations on emissions from power plants. The plan is controversial not only because of the high cost of compliance for purported benefits, but also because the plan did not originate in legislation from Congress but rather came from the agency's interpretation of the law. A total of 27 states have come out against the plan due to the anticipated economic costs and questions over the plan's legality. Meanwhile, 18 states have filed friend of the court briefings supporting the rule as legal and meaningful action on climate change.
  • The Obama administration sent $400 million in cash to Iran on an unmarked cargo plane in January 2016. The cash payment “represented the first installment of a $1.7 billion settlement the Obama administration reached with Iran to resolve a decades-old dispute over a failed arms deal signed just before the 1979 fall of Iran’s last monarch, Shah Mohammad Reza Pahlavi,” according to The Wall Street Journal. The payment coincided with the release of four Americans detained in Tehran and the formal implementation of the nuclear agreement with Iran. According to The Wall Street Journal, “Senior U.S. officials denied any link between the payment and the prisoner exchange. They say the way the various strands came together simultaneously was coincidental, not the result of any quid pro quo.” The Iranians, however, portrayed the payment as ransom for releasing the American hostages. At the time of the hostage transfer, Iranian Revolutionary Guard Gen. Mohammad Reza Naghdi said to state media, “Taking this much money back was in return for the release of the American spies.”
    • Sen. Tom Cotton (R-Ark.) accused Obama of paying “a $1.7 billion ransom to the ayatollahs for U.S. hostages. This break with longstanding U.S. policy put a price on the head of Americans, and has led Iran to continue its illegal seizures [of Americans].” The Wall Street Journal reported that “Since the cash shipment, the intelligence arm of the Revolutionary Guard has arrested two more Iranian-Americans.”
    • On Thursday, Obama said that the $400 million sent to Iran was not a ransom payment. He said, "We do not pay ransom. We didn't here, and we won't in the future. Those families know we have a policy that we don't pay ransom. And the notion that we would somehow start now, in this high-profile way, and announce it to the world, even as we're looking in the faces of other hostage families whose loved ones are being held hostage, and saying to them we don't pay ransom, defies logic." He added that his administration was open about the January 2016 payment, saying, "We announced these payments in January. Many months ago. They were not a secret. It wasn't a secret. We were completely open with everybody about it."
  • Health and Human Services Secretary Sylvia Mathews Burwell requested $1.9 billion in emergency supplemental funding to fight the Zika virus in a letter sent to members of Congress. She explained that several agencies studying the virus and working on vaccines and medecines will run out of funding by the end of August or September. She wrote, “Now that the United States is in the height of mosquito season and with the progress in developing a Zika vaccine, the need for additional resources is critical. … our nation's ability to effectively respond to Zika will be impaired [without the funding]."
  • Department of Homeland Security Secretary Jeh Johnson said that the Obama administration “will make the commitment to resettle 10,000 [Syrian] refugees this fiscal year." He said that "over 7,000" Syrian refugees have already arrived in the country and "there are several thousand who have been approved and are just awaiting the physical resettlement." Johnson also addressed security concerns about the vetting process for refugees, saying, "The process is still a very thorough, time-consuming process for each refugee applicant. On average, it has been 18 to 24 months, and we have not shortcut the process. In fact, we have added security checks to the process for refugees from certain countries, which I can't really get into publicly." He added that after refugees are properly screened, "They are resettled in communities that are able to absorb refugees, and want to take in refugees.”

Thursday, August 4

  • Tennessee held congressional primaries.
    • There is no U.S. Senate election in Tennessee in 2016.
    • Tennessee has nine U.S. House districts. The Republican Party currently holds seven seats to the Democratic Party’s two. Eight of the nine incumbents are seeking re-election, and five faced at least one primary challenger. Each incumbent who faced a primary challenge advanced to the general election. Each House seat is rated safe for the party that currently holds it in the general election.
    • Tennessee’s 8th Congressional District is the only open seat. Incumbent Stephen Lee Fincher (R) chose not to seek re-election in 2016. The open seat drew 20 candidates to the race: 13 Republicans, two Democrats, and five independents. David Kustoff won the Republican primary, while Rickey Hobson defeated Gregory Alan Frye to win the Democratic nomination. The race is rated safely Republican in the general election.
  • [[Donald Trump presidential campaign, 2016/Personal|Melania Trump]] responded to criticism that her immigration history, particularly whether she worked in 1995 on a short-term visa, was accurate. She said in a statement, “In recent days there has been a lot of inaccurate reporting and misinformation concerning my immigration status back in 1996. Let me set the record straight: I have at all times been in full compliance with the immigration laws of this country. Period. Any allegation to the contrary is simply untrue. In July 2006, I proudly became a U.S. citizen. Over the past 20 years, I have been fortunate to live, work and raise a family in this great nation and I share my husband’s love for our country.”

Friday, August 5

  • Former acting director and deputy director of the Central Intelligence Agency Michael J. Morell endorsed Hillary Clinton in an op-ed in The New York Times. He wrote, “Two strongly held beliefs have brought me to this decision. First, Mrs. Clinton is highly qualified to be commander in chief. I trust she will deliver on the most important duty of a president — keeping our nation safe. Second, Donald J. Trump is not only unqualified for the job, but he may well pose a threat to our national security.” Morell singled out Trump’s positions on Russia and its annexation of Crimea and called Trump “an unwitting agent of the Russian Federation.”
  • Chairman of the Senate Judiciary Committee Chuck Grassley (R-Iowa) sent a letter to Attorney General Loretta Lynch requesting information about the Department of Justice’s (DOJ) role in a $400 million cash payment the United States made to Iran in January 2016 as part of a settlement to resolve a dispute from a failed arms deal. On Wednesday, The Wall Street Journal reported that senior DOJ officials objected to sending pallets of cash on an unmarked cargo plane to Iran because they feared Iran would consider it a ransom payment. Grassley wrote, "These reports are particularly troubling in light of the Department’s continuing failure to cooperate with my inquiry into the FBI’s alleged role in facilitating ransom payments to terrorist groups.” Citing the Wednesday’s Wall Street Journal article and an article from 2015 that said the Federal Bureau of Investigation provided guidance to a hostage held by al Qaeda, Grassley added, "there are serious questions about this administration's policies regarding paying ransoms to terrorists and state-sponsors of terrorism."

 

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

What’s On Tap Next Week

Saturday, August 6

Tuesday, August 9

  • Connecticut will hold congressional primaries.
    • While it is technically Connecticut’s primary date, no congressional primaries will truly be held. All major-party candidates were decided at conventions earlier in the year, so there are no contested primaries.
    • The U.S. Senate seat held by Richard Blumenthal (D) is up for election in 2016. Blumenthal will face Dan Carter (R) in the general election. The race is rated safely Democratic.
    • Connecticut has five U.S. House districts. The Democratic Party currently holds all five seats. All five incumbents are seeking re-election. Each House seat is rated safely Democratic in the general election.

 

Where was the president last week? Federal judiciary
President Barack Obama spoke at the Disabled American Veterans National Convention in Atlanta, Georgia, on Monday. He celebrated his 55th birthday on Thursday.  
  • 95 total federal judicial vacancies
  • 60 pending nominations
  • 14 future vacancies

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

State and Local

Highlights

State

On Tuesday, August 2. the director of the Missouri State Public Defender System exercised his power to delegate cases to private attorneys and ordered Governor Jay Nixon (D) to defend a criminal case in Cole County. The director, Michael Barrett, criticized the governor for repeatedly cutting funding to the public defender system while its caseload steadily increased. Barrett also stated that numerous job vacancies had been left unfilled due to the system’s inability to completely fund its payroll. Exercising the power granted to him to "[d]elegate the legal representation of any person to any member of the state bar of Missouri," Barrett ordered the governor, a member of the state bar, to serve as a public defender in a criminal case. Learn more details in the State August 2 section below.

Local

On Wednesday, August 3, New Orleans announced it was adding $500,000 to its mosquito control budget in light of the Zika virus being found in Florida. Mayor Mitch Landrieu (D) said that Florida was “just down the road” from New Orleans, while city officials said there have been seven travel-related cases of Zika in the city and an additional two cases in the larger metro area. The first active case of Zika transmission in Florida occurred in July near Miami. New Orleans is the 51st-largest city in the United States by population, and the largest in Louisiana.

 

State

The Week in Review

Ballot measures update

Monday, August 1

  • The U.S. Environmental Protection Agency (EPA) said it would investigate whether EPA employees committed any crimes during the Colorado Gold King Mine spill in August 2015. The investigation will be conducted by the EPA’s Office of Inspector General at the request of members of Congress. EPA personnel and a company under EPA contract triggered the release of toxic wastewater at the Gold King Mine in Colorado in an attempt to remove wastewater from the mine. More than 3 million gallons of mine wastewater, which contained heavy metals and other toxic materials, emptied into the Animas River. The spill affected waterways in Colorado, New Mexico, and Utah, as well as the Navajo Nation. An October 2015 investigation by the U.S. Interior Department found that the spill could have been avoided if the EPA had monitored water levels inside the mine before it began digging.
  • A federal judge enjoined North Dakota's voter identification law, prohibiting state officials from enforcing the requirement in upcoming elections. In his ruling, Judge Daniel Hovland said, "Although a majority of voters in North Dakota either possess a qualifying voter ID or can easily obtain one, it is clear that a safety net is needed for those voters who simply cannot obtain a qualifying voter ID with reasonable effort." Hovland went on to note the law's negative impact on the state's Native American population. "The undisputed evidence before the court reveals that Native Americans face substantial and disproportionate burdens in obtaining each form of ID deemed acceptable under the new law." North Dakota's voter identification law, which was adopted in 2013, permitted four forms of identification to be used at the polls: a state driver's license, a state identification card, a tribal-government identification card, or an "alternative form of ID prescribed by the secretary of state." In 2015, the state removed college and military IDs from the list of acceptable forms of identification. For more information about voter identification laws, see this article.
  • Wisconsin Governor Scott Walker called for an extension of the tuition freeze for the University of Wisconsin System (UW) for another two years. Along with this request, Walker warned UW and other state agencies not to expect new funding in the next budget, despite calls from UW officials for new funding in the wake of budget cuts. UW officials claim the budget cuts threaten the quality of education in the state.
  • The New York Public Service Commission announced a Clean Energy Standard (CES) that will require half of the electricity consumed in the state to come from renewable sources by 2030. The CES creates both renewable energy credits and zero-carbon credits that can be earned when electricity is generated from renewable energy and nuclear power, respectively. Electricity providers in the state will be required to procure a certain number of credits each year. The renewable energy credits are intended to increase the amount of wind and solar energy produced in the state. The zero-carbon credits are intended to be a subsidy for the state's nuclear power industry. The plan also provides almost $956 million in tax credits over the next two years to three nuclear power plants in the state that were at risk for shutting down due in part to economic conditions. The Public Service Commission expects the CES to reduce carbon dioxide emissions in New York by 40 percent by 2030. In December 2014, natural gas accounted for almost 39 percent of the electricity generated in the state, nuclear power accounted for about 35 percent, and renewable sources accounted for almost 25 percent.
  • Justice William Connolly of the Nebraska Supreme Court retired effective August 1, 2016. His last term would have expired in January 2017. Nebraska Gov. Pete Ricketts (R) appointed District 2 Judge Jeffrey Funke to succeed Connolly on the supreme court bench. Justice Funke will serve for three years and then must stand for retention by voters in 2020 in order to remain on the bench. Nebraska judges are selected by government appointment from a list prepared by a judicial nominating commission. A newly appointed judge serves for three years following appointment and then must stand for retention during the next election to win a full six-year term. The state supreme court currently stands at a 5-2 majority of justices appointed by Republican governors; the majority was 4-3 prior to Connolly’s retirement.

Tuesday, August 2

  • The director of the Missouri State Public Defender System exercised his power to delegate cases to private attorneys and ordered Governor Jay Nixon (D) to defend a criminal case in Cole County. Missouri's public defense system ranks 49th in the nation in funding, according to a 2009 study co-authored by the Spangenberg Group and the Center for Justice, Law and Society at George Mason University.
    • The previous month, the office had filed a petition alleging that the governor had unconstitutionally withheld $3.5 million of a $4.5 million appropriation made to the public defender system by the state legislature in the 2016-2017 fiscal budget, an occurrence that also took place in previous years, according to Barrett. A spokesman for Nixon asserted that all budget restrictions to the office were eventually released and that the public defender system had received a 9 percent budget increase since 2009; his office has yet to comment on his appointment to defend a criminal case. Peter Joy, director of the Criminal Justice Clinic at Washington University in St. Louis, stated that actions to appoint private attorneys to serve as public defenders in other states have been challenged in court; it is possible the governor could refuse to "represent someone unless there was a court order, ordering him to do so.” Missouri currently has a divided government; Nixon is term-limited and ineligible for re-election in 2016.
  • Justice Steven Taylor of the Oklahoma Supreme Court announced that he would retire on December 31, 2016. While previously serving as a district judge, Taylor presided over the state trial of Oklahoma City bomber and co-conspirator Terry Nichols. His current term would have expired in January 2017. Under Oklahoma’s merit selection appointment process, Gov. Mary Fallin (R) will appoint a successor from a list prepared by the state’s judicial nominating commission. This will be Gov. Fallin’s first appointment to the high court. Judges in Oklahoma are all appointed by this process and subsequently stand for retention by voters to six-year terms. The court’s balance currently stands at 8-1 in favor of Democrat-appointed justices.

ELECTION NIGHT HIGHLIGHTS: Moderate Republicans collect wins in Kansas legislative primary; Greitens wins Missouri’s Republican gubernatorial primary; Democrats lose Washington treasurer office for first time in 60 years.

  • Primary election: Kansas
    • State legislature: There are 40 state Senate seats and 125 state House seats up for election. Thirty-nine incumbents—four Democrats and 35 Republicans—faced primary competition. Republicans hold significant majorities in both chambers.
      • Six incumbents were defeated in the state Senate, while nine incumbents were defeated in the state House. Outside of the one incumbent Democrat defeated in the House, moderate Republicans defeated 14 conservative Republican incumbents. Moderate candidates ran against the conservative policies of Gov. Sam Brownback (R). Before the 2016 primary, moderate Republicans had been losing ground in the state legislature since Gov. Brownback (R) was elected in 2010. After the 2012 election, the moderate Republican-controlled state legislature shifted to a more conservative one.
      • Kansas is one of 23 Republican state government trifectas.
  • Primary election: Michigan
    • State legislature: All 110 state House seats are up for election. Republicans hold a 16-seat majority in the chamber. Twenty-three incumbents, 14 Democrats and nine Republicans, faced primary competition. All 23 incumbents advanced past the primary. Eleven Democrats and 27 Republicans were ineligible to run due to term limits. Michigan has 100 percent of its legislative districts featuring two major party candidates in the general election. The national average sits at just around 60 percent of seats with general election competition. Since 2010, Michigan is the only state to achieve 100 percent general election competition, and it did so in 2014 as well. The House is included in Ballotpedia’s list of top battlegrounds in 2016. There are no Senate seats up for election in 2016.
    • Missouri currently has a divided government: if Democrats lose control of the governorship, Republicans may gain trifecta control of the state. The gubernatorial race is currently rated as a Toss-up.
    • State legislature: There are 17 state Senate seats and 163 state House seats up for election. Twenty-one incumbents—seven Democrats and 14 Republicans—faced primary competition. Representatives Nick King (R-17), Bonnaye Mims (D-27), and Sheila Solon (R-31) were defeated by primary opponents. Both chambers are held by strong GOP majorities.

Wednesday, August 3

  • Texas officials and opponents of the state's voter ID requirement reached an agreement on how best to remedy the law in light of a recent federal court ruling. Under this agreement, voters are permitted to use the following forms of identification at the polls, provided their names appear on voter registration rolls:
    • a form of identification specified in the original voter ID law (SB 14), including a Texas driver's license, a Texas identification certificate, a Texas personal identification card, a Texas concealed handgun license, a United States military identification card containing the person’s photograph, a United States citizenship certificate containing the person’s photograph, or a United States passport
    • a "valid voter registration certificate, a certified birth certificate, a current utility bill, a bank statement, a government check, a paycheck, or any other government document that displays the voter’s name and an address"

On July 20, 2016, the United States Court of Appeals for the 5th Circuit ruled that Texas' voter ID law violated Section 2 of the Voting Rights Act, finding that the law had a discriminatory effect on minority voters. Although the court did not strike down the law entirely, it did order election officials to "ensure that any remedy ameliorates [the law's] discriminatory effect, while respecting the [Texas State Legislature's] stated objective to safeguard the integrity of elections by requiring more secure forms of voter identification."

  • California became the first state to release its State Implementation Plan to comply with the Clean Power Plan (CPP). Despite the Supreme Court stay on the CPP, states can still opt to submit their implementation plans to the EPA. Under the CPP, each state must submit a State Implementation Plan to the EPA detailing how the state will meet its mandated carbon dioxide emission reduction target by 2030. The draft was released by the California Air Resources Board. California is one of 18 states that filed friend of the court briefings supporting the CPP. Supporters have called the CPP legal and meaningful action on climate change. Meanwhile, 27 states have come out against the plan due the anticipated economic costs and questions over the plan's legality.

Thursday, August 4

Friday, August 5

  • Nebraska State Sen. Bill Kintner (R) has agreed to pay a $1,000 fine for misusing his state-issued computer to engage in cybersex. The Nebraska Accountability and Disclosure Commission released a report on the investigation that detailed emails and messages between Kintner and a woman from July 2015. After engaging in cybersex, the women tried to extort $4,500 from him by threatening to release the video. Kintner contacted the Nebraska State Patrol about the extortion and confessed to his wife about the incident. Gov. Pete Ricketts (R), Senate President Galen Hadley (R), and Executive Board Chair Bob Krist (R) have all called for Kintner’s resignation. Kintner says that he won’t resign. While the Nebraska State Senate is nonpartisan, Senators Kintner, Hadley, and Krist all identify with the Republican Party. The Senate’s partisan balance stands at 12 Democrats, 35 Republicans, one independent, and one Libertarian.
  • Legal challenge filed against ballot arguments in California: Supporters of California’s Marijuana Legalization Initiative, Proposition 64, filed a legal challenge against the voter guide argument in opposition to the measure. Proponents of Prop. 64 specifically critiqued the official opposition argument for saying that Prop. 64 exposes children to pro-marijuana advertising, removes protections for consumers, and “rolls back the total prohibition of smoking ads on TV.” Responding to the legal challenge, Tim Rosales, a spokesman for the “No on Proposition 64” campaign, said, “We are not surprised. Their campaign is in trouble and they know it, and we believe we will prevail.” Rosales also said that the opposition campaign would challenge the official voter argument in support of Prop. 64 as well.
    • The preliminary language to be included on the official voter guide in California is under public review until August 15. During the public review period, legal challenges to proposed language can be filed based on alleged factual inaccuracies and misrepresentations.
    • Last week, proponents of Proposition 60, the measure requiring the use of condoms in pornographic films, also filed a legal challenge against opposing voter guide arguments.

 

What’s On Tap Next Week

Monday, August 8

  • Pennsylvania Attorney General Kathleen Kane (D) is scheduled to stand trial on criminal charges including perjury, obstruction of justice, and contempt of court. Kane was indicted on August 6, 2015, after an investigation into allegations that she leaked information protected by grand jury secrecy laws to the Philadelphia Daily News, which she has repeatedly denied. Kane's law license was suspended in October 2015; the attorney general has resisted calls from state officials to step down and has declined to seek re-election in 2016. On August 1, Kane's attorneys petitioned the Pennsylvania Supreme Court to exercise its "King's Bench power," also known as the power of extraordinary jurisdiction, to consider throwing out the charges against her. The court has yet to announce whether it will consider hearing the case.

Tuesday, August 9

  • Primary election: Vermont
    • State legislature: There are 30 state Senate seats and 150 state House seats up for election. Twenty-eight incumbents, 12 Democrats and 16 Republicans, are facing primary competition. Democrats have strong majorities in both chambers.
    • State executives: Six offices are up for election in 2016, five of which are currently held by Democrats. Five Democrats and two Republicans will compete for their parties' nominations for governor in this year's open election. Incumbent Governor Peter Shumlin (D) is retiring, and the race to replace him has attracted several current and former state officials, including Lt. Governor Phil Scott (R), prominent business figures, and former Boston Red Sox pitcher Bill "Spaceman" Lee, who is running on the Liberty Union Party ticket.
    • Scott's gubernatorial candidacy leaves the 2016 lieutenant governor's race wide open, and three Democratic state legislators are vying for the party's nomination for the seat; the winner will face state Sen. Randy Brock (R) and Progressive Party candidate Boots Wardinski in November. Incumbent Secretary of State Jim Condos (D) is unopposed in the Democratic primary election and will be challenged in the general election by Liberty Union candidate Mary Alice Herbert, the sole candidate to file against him. Attorney General Bill Sorrell (D), the state's longest-serving top law enforcement officer, is also retiring, and two Democrats, one Republican, and one Liberty Union candidate are vying for the seat. Incumbents Auditor Doug Hoffer (D) and Treasurer Elizabeth Pearce (D) are also seeking re-election this year. Hoffer was the sole Democrat to file for auditor and will automatically advance to the general election; Pearce faces one primary challenger.
    • Vermont is one of seven Democratic trifectas; if Republicans win the governor's seat in November, it will end the trifecta. The race is currently rated Lean Democratic.
  • Primary election: Wisconsin

Thursday, August 11

  • The Alabama Board of Education is expected to meet and select a new superintendent of education. The post has been held by interim Superintendent Philip Cleveland since April 14, 2016; he was appointed to the position after Superintendent Tommy Bice resigned in order to pursue a career in the private sector. Under Alabama law, Cleveland is ineligible to be considered for the position of superintendent as he is currently serving as the interim officeholder. The board identified six potential candidates on July 12, 2016, including research fellow Bill Evers, education consultant Michael Sentence, secretary of the Department of Early Childhood Education Jeana Ross, and district superintendents Dee Fowler, Craig Pouncey, and Janet Womack.

 

State government in session

One state, Ohio, is in regular session; Ohio is in a skeleton (non-voting) session. California is in a special session.

  • Skeleton session: In a typical skeleton session, a clerk, a presiding officer, and another legislative member are the only people present. The presiding officer will convene the session day and adjourn it minutes later. Lawmakers who live more than 50 miles from the statehouse can deduct lodging and meal expenses on their federal income tax forms for each day the legislature is in skeleton or regular session.
  • CA

Three states are in recess:

  • NJ until 8/8
  • MI until 9/6
  • PA until 9/19

The following states have adjourned their regular sessions:

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

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX

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

State government special elections

As of this week, 45 seats have been filled through legislative special elections in 2016. Nine involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85). Another nine (not including runoff elections) have been scheduled in 20 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Last week: August 2

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering municipal elections across 46 of America's 100 largest cities by population, local judicial elections across all 39 states holding elections, school board elections across 643 of America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
    • So far this year, Ballotpedia has covered 23 city elections, 25 states with local judicial elections, 196 school board elections, and 162 local ballot measure elections in California.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Monday, August 1

  • Chicago Mayor Rahm Emanuel (D) announced a plan to raise the city’s utility tax in order to provide funding to the city’s largest public pension fund. Emanuel had raised property taxes twice in the last year in order to fund pensions for police, firefighters, and teachers. With the Municipal Employees Pension fund requiring between $250 and $300 million in funding, Emanuel chose to raise the utility tax instead of property taxes. Chicago is the third-largest city in the United States by population and the largest in Illinois.
  • San Francisco Mayor Ed Lee (D) signed the city’s most recent budget. The $19.3 billion budget for 2016-2018 allocated $9.6 billion to be spent during the 2016 fiscal year. The budget calls for the creation of the Department of Homelessness and Supportive Housing intended to create housing for at least 8,000 homeless people by 2020. Police body cameras, training on unconscious bias in policing, and five new police classes are included in the budget to improve public safety. San Francisco is the 14th-largest city in the United States by population and the fourth-largest in California.
  • FILING DEADLINE: Deadline passed to file in retention elections for local judicial offices in Alaska. The election will be held on November 8, 2016. In these elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice whether to keep the judge in office for another term. The judge must receive a majority of "yes" votes to remain in office. Judges must face their first retention at the next general election occurring at least three years after their appointment. The exception to this is the district court judges, who face retention two years after their appointment.
  • FILING DEADLINE: Deadline passed to file in retention elections for local judicial offices in Nebraska. The election will be held on November 8, 2016. In Nebraska's retention elections, voters are asked whether they think a judge should be retained, and they indicate this with either a "yes" or "no" vote. If the judge has more "yes" than "no" votes, the judge is retained for a new term. Judges do not face opponents in retention elections. Judges face retention elections every six years, except for newly appointed judges, who must face retention in the first general election occurring more than three years after their appointment.

Tuesday, August 2

  • Bill Bratton, New York City police commissioner, announced he would retire in mid-September to take a job in the private sector. Bratton was appointed to his post in January 2014 and served in the same position previously from 1994 to 1996. He notably stood by Mayor Bill de Blasio (D) when some members of the law enforcement community criticized the mayor's remarks following the death of Eric Garner during an attempted arrest. Bratton’s successor will be James O'Neill, a 33-year veteran of the police department. New York City is the largest city in the United States by population.
  • Portland Mayor Charlie Hales (D) announced a change to the city’s homeless sleeping policy. The original guideline implemented by the mayor had allowed tent camping or sleeping on sidewalks in groups of six or fewer between 9 p.m. and 7 a.m., though problems arose because people often did not move along outside of those hours. Announcing the change, he encouraged police to now break up “disruptive” groups that assemble on public property. Portland is the 29th-largest city in the United States by population and the largest in Oregon.
  • Kansas, Michigan, Missouri, and Washington held primary elections for local judicial offices.
    • Kansas: Partisan primary elections were held for nine district court judgeships and 10 district magistrate judgeships in 14 of 31 Kansas District Court judicial districts. The candidate with the most votes from each major party (Democratic or Republican) in the primary will represent that party in the general election on November 8, 2016. Judges in partisan districts serve four-year terms and run for re-election at the end of their terms. In the remaining 17 districts of the Kansas District Courts, judges are politically appointed. These judges stand for retention after their first year in office and serve four-year terms if retained.
    • Michigan: Nonpartisan primary elections were held for 13 circuit court judgeships, two probate court judgeships, and eight district court judgeships across the state. The two candidates who received the greatest number of votes in the primary election advanced to the general election on November 8, 2016. All judges in Michigan are elected to six-year terms.
    • Missouri: Partisan primary elections were held for seven circuit court and associate circuit court judgeships across the state. The winner of each primary election will represent that party in the general election on November 8, 2016. An additional 11 circuit court judgeships were unopposed and did not appear on the ballot in the primary election. The 141 judges of the Missouri Circuit Courts are elected to six-year terms—except in the cities of Springfield, St. Louis, and Kansas City, where the circuit court judges are appointed by the governor and a judicial selection commission.
    • Washington: Nonpartisan primary elections were held for six superior court seats. None of the primary elections featured incumbents. Primaries were held only if more than two candidates filed for a position. The two candidates who received the greatest number of votes in the primary advanced to the general election on November 8, 2016. If a candidate won over 50 percent of the vote in the primary, he or she will run unopposed in the general election. Superior court judges serve four-year terms.

Thursday, August 4

  • Stockton Mayor Anthony Silva (R) was arrested in Amador County, California, on multiple charges involving at least one minor. According to court records, the mayor was charged with eavesdropping or recording confidential communications, contributing to the delinquency of a minor, providing alcohol to a minor, and cruelty to a child by endangering health. The charges stem from a strip poker game the mayor allegedly held with teen counselors at his youth camp in August 2015. The evidence for this arrest dates to a 2015 FBI investigation following the seizure of Silva’s cell phone by Homeland Security investigators after a flight from China to San Francisco. The investigators found 23 photographs and four video clips from the youth camp on Silva’s phone. Stockton is the 64th-largest city in the United States by population and the 13th-largest in California.
    • Mayor Silva is slated to appear in the general election against challenger Michael Tubbs (D) on November 8, 2016. Tubbs surpassed Silva in the primary election by 7 percentage points, and another victory in the general election would return City Hall to Democratic control. At the beginning of 2016, 27 of the mayors in America’s largest 100 cities were affiliated with the Republican Party. Click here for Ballotpedia's coverage of mayoral partisanship in America's 100 largest cities.
  • Tennessee held general elections for seven circuit court judgeships, two chancery court judgeships, two criminal court judgeships, and three general sessions court judgeships. Division III of the Sumner County General Sessions Court and Part IV of the Nineteenth Circuit Court were unique races, as they were the only two local judicial seats in the state up for election in 2016 not due to vacancies. Both of the seats were created in 2015. The terms won in this election were shortened to six years to bring the seats into alignment with the regular eight-year election cycle for judges.
  • Tennessee held general elections for 80 school board seats across the state’s 19 largest school districts, as measured by student enrollment. The largest of these school districts was Shelby County Schools, which served 149,832 students during the 2013-2014 school year. The second-largest school district in the state is Metropolitan Nashville Public Schools, which served 82,806 students during the 2013-2014 school year. Five of nine seats on the Metropolitan Nashville school board were up for by-district election. These 19 districts served 604,366 students during the 2013-2014 school year, which was 60.8 percent of all Tennessee public school students.
    • On June 14, 2016, six of the Metropolitan Nashville school board members voted to approve a lawsuit against the state of Tennessee over public education funding. Of these six members, four were up for re-election in 2016. District 5 incumbent Elissa Kim, who abstained from voting on the potential lawsuit, did not file for re-election.

Friday, August 5

  • FILING DEADLINE: Deadline passed to file in the general election for five school board seats in two of Alaska’s largest school districts by enrollment. The election will be held on October 4, 2016. These districts served 31,889 students during the 2013-2014 school year, which was 24.3 percent of all Alaska public school students.

 

What’s On Tap Next Week

Monday, August 8

  • FILING DEADLINE: Deadline to file in retention elections for local judicial offices in Colorado. The election will be held on November 8, 2016. In these elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice whether to keep the judge in office for another term. The judge must receive a majority of "yes" votes to remain in office. Judges face their first retention at the next general election occurring at least two years after their appointment. Subsequent terms last for 10 years.

Tuesday, August 9

  • Minnesota will hold primary elections for two district court judgeships in District 3. The two races were the only ones across the state to have more than two candidates file. Both of these races feature an incumbent facing off against two challengers. In total, seven of the 97 races on the ballot will have a contested general election on November 8.
  • Minnesota will hold primary elections for nine school board seats across three of the state’s largest school districts, as measured by student enrollment. These contests will be held for the Elk River Area School District, Rochester Public Schools, and St. Cloud Area School District. These districts served 39,951 students during the 2013-2014 school year, which was 4.7 percent of all Minnesota public school students.
  • Two school board members in the South Conejos School District in Colorado will face a recall election. Melton Ruybal and Phillip Trujillo were first elected to their seats in August 2015 and now must win an election to remain in office less than a year later. Supporters of the recall collected 330 signatures in favor of the recall, more than the 228 required to move the effort forward. In 2016, Ballotpedia has covered 30 school board recalls across the United States.
  • FILING DEADLINE: Deadline to file in the general election for 36 school board seats in 12 of Kentucky’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 272,080 students during the 2013-2014 school year, which was 39.7 percent of all Kentucky public school students

Wednesday, August 10

  • FILING DEADLINE: Deadline to file in the special election for the District 3 seat on the Phoenix City Council. The election will be held on November 8, 2016. The winner of this election will serve a term that expires in January 2020. Phoenix is the sixth-largest city in the United States by population and the largest in Arizona.
  • FILING DEADLINE: Deadline to file in retention elections for magistrates in Idaho. The election will be held on November 8, 2016. In these elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice whether to keep the judge in office for another term. The judge must receive a majority of "yes" votes to remain in office.
  • FILING DEADLINE: Deadline to file in the general election for 86 school board seats in 29 of Arizona’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 630,417 students during the 2013-2014 school year, which was 57.9 percent of all Arizona public school students.

Friday, August 12

  • FILING DEADLINE: Deadline to file in four cities across California: Anaheim, Fremont, Oakland, and Santa Ana. General elections will be held on November 8, 2016. Fifteen city council seats will be up for election across the four cities. Santa Ana’s mayor is also up for election.
  • FILING DEADLINE: Deadline to file in the general election for three of the eight city council seats in Irving, Texas. The election will be held on November 8, 2016. Irving is the 94th-largest city in the United States by population and the 13th-largest in Texas.
  • FILING DEADLINE: Deadline to file in the general election for 373 school board seats in 137 of California’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 3,017,364 students during the 2013-2014 school year, which was 47.9 percent of all California public school students.

Saturday, August 13

  • Honolulu will hold primary elections for mayor and District 1 on the city council. In the mayoral race, incumbent Kirk Caldwell (D) faces 11 challengers. Incumbent Kymberly Marcos Pine will face three challengers in the District 1 primary. In each race, the top two vote recipients will advance to the general election. A total of six races will be on the general election ballot on November 8, 2016. Elections in Honolulu are officially nonpartisan. Honolulu is the 54th-largest city in the United States by population and the largest in Hawaii.

 

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Fact Check

Fact Check by Ballotpedia

Federal fact checks

Fact check: If unions go away, does everybody’s pay go down? There is no consensus among economists about the impact unions have on nonunion pay. However, Ballotpedia examined per capita income levels in the 10 states that had the biggest decline in percentage of union members in the workforce over a 20-year period and found that per capita income rose in all those states. Fact check: Is it true that most people don't care whether Republican presidential nominee Donald Trump releases his tax returns? No. According to public opinion polls, a majority of voters think Trump should release his returns, although there is some variation in opinion by party. Republican leaders have also called on him to release them.

State and local fact checks

Fact check: Has the Massachusetts Lottery failed to expand funding for education and other public services? No. Lottery funding for the form of direct aid controlled by municipalities and used for a range of public services has increased over time. Fact check: Was Kurt Schaefer the only Republican in the Missouri Legislature to vote against a bill allowing businesses to opt out of including contraception in employee health insurance plans? Sen. Schaefer was the only Republican senator to vote against SB 749, a measure that allowed religious groups and employers with moral objections to opt out of providing birth control coverage mandated by the Patient Protection and Affordable Care Act. However, Schaefer was not the only Republican legislator to oppose the bill; Chris Molendorp voted against the initial passage of the bill and Rep. Linda Black voted against the veto override. Fact check: Is Illinois Gov. Bruce Rauner correct that many Chicago public schools are objectively inadequate? We found that some Chicago school facilities are in disrepair, and officials describe the district’s facilities as “aging” and available space in some schools as inadequate. They estimate the cost of needed repairs in the district at $4 billion. Fact check: Did Deborah Ross oppose legislation to create a sex offender registry while she led the North Carolina ACLU? The National Republican Senatorial Committee, the Republican Party’s organization to support senate campaigns, released an ad in June that claimed that Ross—while she was head of the North Carolina chapter of the American Civil Liberties Union (NC-ACLU) in the 1990s—opposed legislation to create a sex offender registry in the state. On at least two occasions, Ross was quoted by the media as ”seriously concerned” about the possible ramifications of a sex offender registry. She also cited the sex offender registry legislation as a defeat for the NC-ACLU in a legislative memo to her staff.  

Read the latest fact checks.


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