The Tap: Immigration Policy in the 50 states

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January 7, 2017Issue No. 47

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The week in review: December 31 - January 6
What's on Tap next week: January 7 - January 13

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Congress is back. With control of both chambers of Congress and the White House, Republicans are planning an ambitious 2017 agenda. Look for Republicans in Congress to push to repeal and replace the Affordable Care Act, commonly known as Obamacare; pursue tax policy changes; and roll back financial, environmental, and labor regulations enacted by the Obama administration.

 

Federal

The Week in Review

Saturday, December 31

Four Federal Judges Take Senior Status

Sunday, January 1

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Then Two More Federal Judges Take Senior Status

Monday, January 2

Trump & North Korea

  • President-elect Trump responded via Twitter to a televised New Year’s Day speech from North Korean leader Kim Jong Un in which Kim stated that his government was preparing to test an intercontinental ballistic missile capable of striking the United States with a nuclear weapon. Trump tweeted, “North Korea just stated that it is in the final stages of developing a nuclear weapon capable of reaching parts of the U.S. It won't happen!” Kim’s speech follows North Korea’s testing of a nuclear weapon in September 2016, the country’s fifth nuclear weapons test since 2006. The September test prompted the U.N. Security Council to call an emergency meeting. The Obama administration reportedly told Trump’s transition team after the November election that North Korea's nuclear weapons development would be the leading national security threat the next White House administration would face. Read more about Trump’s views on North Korea here and here.

Tuesday, January 3

Welcome to Congress

  • The 115th Congress convened on January 3, and new members were sworn in. Seven newly elected senators were sworn in, two of whom previously served in the 114th Congress as representatives. In the House, 52 newly elected representatives took office alongside a new resident commissioner from Puerto Rico. Freshman representatives will make up 12.6 percent of the membership of the House. This is down slightly from the last two congresses. The 114th House was made up of 13.8 percent freshmen, while the 113th House was 16.1 percent freshmen.

Congressional Ethics

  • On January 2, 2017, the House Republican conference voted to give the House ethics committee oversight over the Office of Congressional Ethics (OCE), a nonpartisan and independent federal office that investigates potential ethics violations by members of the House. The proposal sought to remove the OCE’s authority to disclose its reports to the public and prohibited the OCE from employing a spokesperson and pursuing investigations based on anonymous tips. On January 3, however, the conference nixed the changes after receiving criticism from both Democrats and Republicans—including President-elect Trump, who tweeted, “With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance!” Rep. Bob Goodlatte (R-Va.), who proposed the changes, said in a statement on Monday, “The amendment ... improves upon due process rights for individuals under investigation, as well as witnesses called to testify. The OCE has a serious and important role in the House, and this amendment does nothing to impede their work.” Read more here.

You’re Hired

  • Trump announced his intentions to nominate international trade lawyer Robert Lighthizer as U.S. trade representative (USTR). Created in 1962, the Office of USTR plays a direct role in U.S. trade policy by negotiating with foreign governments and businesses, resolving disputes, representing the country in international trade policy organizations, and advising the president. The position requires Senate confirmation. Lighthizer is currently an attorney at the firm Skadden, Arps, Slate, Meagher, and Flom, where he specializes in international trade. He has a background in government and politics. Under the Reagan administration, he served as a deputy USTR and was the chief of staff of the Senate finance committee. In 1996, he was the national treasurer for Republican Bob Dole’s 1996 presidential campaign. Read more about Lightizer and his views on international trade policy here.

The Affordable Care Act Battle

  • Republican Sen. Mike Enzi (Wyo.) began the process of repealing the Affordable Care Act by introducing a budget resolution that would repeal parts of the law that deal with the budget or taxes. Republicans cannot simply repeal the law because they need 60 votes in the Senate to do so; they would need eight other members to vote with them for a full repeal of the law. The budget resolution would phase out Obamacare while giving Republican lawmakers time to find what they consider a suitable replacement.
You can see a list of proposed alternatives to Obamacare here.

SCOTUS WATCH

  • In an interview with MSNBC, new Senate Minority Leader Chuck Schumer (D-N.Y.) indicated that Senate Democrats would uniformly vote against any Trump nominee for the U.S. Supreme Court who was not what Schumer called mainstream. Schumer said, “We are not going to settle on a Supreme Court nominee. If they don’t appoint someone who’s really good, we’re gonna oppose him tooth and nail. … It’s hard for me to imagine a nominee that Donald Trump would choose that would get Republican support that we could support.” When asked if he would work to hold the seat open, Schumer replied, “Absolutely.”
Read on to see a full list of those Trump is considering for nomination to the Supreme Court.

You’re Hired

Wednesday, January 4

You’re Hired

  • Trump announced that he would nominate lawyer Jay Clayton to chair the Securities and Exchange Commission (SEC). The SEC’s primary duty is to protect investors in securities—intangible assets like stocks or bonds—by requiring public companies to disclose financial information and enforcing these requirements through actions against those who violate them. The commission consists of five presidentially appointed commissioners, including one chair. In his statement announcing the nomination, Trump said, “Jay Clayton is a highly talented expert on many aspects of financial and regulatory law, and he will ensure our financial institutions can thrive and create jobs while playing by the rules at the same time. … We need to undo many regulations which have stifled investment in American businesses, and restore oversight of the financial industry in a way that does not harm American workers.” While Clayton’s stances on regulatory issues are unclear, he has worked on the initial public offerings of a number of large companies, including Alibaba, Moelis & Company, and Ally Financial. He was also the representative for Italian oil company Eni in its bribery settlement with the FEC in 2010.

Much of the SEC's work centers on implementing and enforcing securities-related provisions in the Dodd-Frank Act, a major financial regulatory law passed in 2010. As a candidate, Trump criticized the act, saying, “Under Dodd-Frank, the regulators are running the banks.” After winning the presidential election, he promised to repeal the act.

Fracking Appeal Delayed

  • The U.S. Court of Appeals for the Tenth Circuit delayed oral arguments for an appeal brought by the Obama administration to reinstate fracking regulations on federal land. A three-judge panel will hear two one-hour oral arguments on March 20, 2016, from litigants in the case. As a result, attorneys selected by President-elect Donald Trump (R) will lead the federal government’s appeal. The regulations, issued by the U.S. Bureau of Land Management in 2015, would affect drilling well casing, waste fluid storage, and the public disclosure of fracking fluids used on federal and American Indian land. In June 2016, Judge Scott Skavdahl of the U.S. District Court for Wyoming struck down the regulations, arguing that they bypassed congressional authority and overlapped with and interfered with each state's own interest in regulating fracking. According to The Hill, the incoming Trump administration could instruct its attorneys not to appeal the case, in which other supporters of the regulations—such as environmental groups—could defend the regulations in court. In addition, the Trump administration could work to repeal the regulations through the administrative process. For more information on the incoming Trump administration’s take on energy policy, click here.

Swift Plans for the Stream Rule

  • U.S. House Majority Leader Kevin McCarthy (R-Calif.) said the Republican-led House would prioritize a repeal of the Interior Department’s stream rule for coal companies and federal methane regulations on oil and natural gas drilling. In a speech on the House floor, McCarthy said, “While we haven’t yet determined what needs to be repealed first, I expect to start with swift action on at least on the Stream Protection Rule and methane emissions standards, both of which are limits to our energy production.” The stream rule, issued in December 2016, would impose new standards for coal mining companies that restore streams after surface mining activities. The methane regulations, issued in May 2016, would require reductions in methane, the main component of natural gas, from oil and natural gas drilling.

Immigration: Walls & Executive Orders

  • Reuters reported that the Trump transition team asked for records from the Department of Homeland Security last month regarding immigration detention facilities, border wall and barrier construction along the Canadian and Mexican borders, and aerial surveillance programs. The transition team also requested information about all immigration-related executive orders issued by President Barack Obama. On the campaign trail, Trump said that he intended to rescind Obama's executive orders on immigration, including the Deferred Action for Childhood Arrivals program.

Democratic Objections to U.N. Resolution

  • Senate Minority Leader Chuck Schumer (D-N.Y.), along with nine other Democratic senators, signed a bipartisan, nonbinding resolution objecting to United Nations Security Council Resolution 2334, which condemned Israeli settlement activity in the West Bank, East Jerusalem, and other Palestinian territories. The Senate resolution calls for the U.N. resolution to be repealed or fundamentally altered, reaffirms U.S. support for a two-state solution, and advocates direct and bilateral negotiations between Israel and Palestine. "Since the days of 'Zionism is racism,' the U.N. has been a fervently anti-Israel body and, unfortunately, that bias has never diminished. Knowing this, past administrations—both Democrat and Republican—have protected Israel from the vagaries of this biased institution. Unfortunately, by abstaining on United Nations Resolutions 2334, this administration has not followed in that path. This Senate resolution reaffirms that peace must come through direct negotiations in order to achieve a sustainable two-state solution," said Schumer in a statement. Marco Rubio (R-Fla.) offered a similar remark, saying, “Efforts to delegitimize Israel have been underway a long time at the United Nations and have now sadly been aided by the outgoing administration. But the time has come to turn back the tide and renew America’s commitment to the Jewish state.” Read more about the 115th Congress’ take on Israel and Palestine here.

The Obamacare Battle

  • Key vote: The Senate began the process of repealing some elements of the Patient Protection and Affordable Care Act, commonly known as Obamacare, by passing a motion 51-48 to begin debating a budget bill in the coming weeks. The budget resolution can be used to repeal parts of the ACA that relate to the budget and taxes, including provisions that provide tax credits for low-income individuals to obtain health coverage, require all individuals to obtain coverage, and require employers to provide coverage. In 2015, Congress passed similar legislation, but President Barack Obama vetoed the bill. Read more about it here.
    • Sen. Rand Paul (R-Ky.) was the only Republican to oppose the resolution. He said, “I’m a no. It adds $9.7 trillion in debt over 10 years.”

Thursday, January 5

Russia & the 2016 Election

  • U.S. intelligence officials testified before the Senate Armed Services Committee about potential cybersecurity threats posed by the Russian government. The hearing discussed reports that Russia sought to use cyber attacks to interfere in the 2016 presidential election. The hacking of emails belonging to the Democratic National Committee and to Hillary Clinton’s campaign chair John Podesta was reportedly conducted by Russian actors connected to the Russian government. Russian officials have denied any involvement in the incidents. In statements in October and December 2016, U.S. intelligence officials said that the “Russian Government directed the recent compromises of e-mails from US persons and institutions, including from US political organizations.” They added that the hacks were “intended to interfere with the U.S. election process” and that “only Russia’s senior-most officials could have authorized these activities.” Last month, the Obama administration imposed new sanctions on the Russian government and expelled 35 Russian diplomats from the country.
  • In light of Thursday’s Senate hearing, we took a look at some of President-elect Trump’s past statements on cybersecurity-related issues in our daily briefing on the Trump White House transition. Read it here. Trump has expressed skepticism about claims made by political opponents and by the U.S. intelligence community about Russian interference in the 2016 election. In the first general election debate in September 2016, for example, when Hillary Clinton said that Russia was behind the DNC email hacks, Trump responded, “She said Russia, Russia, Russia, maybe it was. Could also be China. Could also be somebody sitting on their bed that weighs 400 pounds.” Earlier this week, after an intelligence briefing on Russian cybersecurity threats was pushed back to Friday, Trump tweeted, “The ‘Intelligence’ briefing on so-called ‘Russian hacking’ was delayed until Friday, perhaps more time needed to build a case. Very strange!” Also on Twitter, Trump quoted Julian Assange, whose website Wikileaks.com published hacked emails from the DNC and Podesta. On January 4, Trump stated, “Julian Assange said ‘a 14 year old could have hacked Podesta’ - why was DNC so careless? Also said Russians did not give him the info!”
  • The Obama administration announced the release of four Yemeni detainees from the Guantanamo Bay detention facility, which brings the total number of detainees down to 55. The detainees, who had ties to various terrorist organizations including al-Qaida and the Taliban, were transferred to Saudi Arabia. President Barack Obama promised to close the prison camp, but he was prevented from doing so by Congress. He said that he will continue to release prisoners until his final day in office. Trump called on Obama to stop transferring individuals, tweeting: "There should be no further releases from Gitmo. These are extremely dangerous people and should not be allowed back onto the battlefield."

Friday, January 6

U.S. Intelligence Report on Russian Involvement in the 2016 Election

  • U.S. intelligence agencies released a declassified report on Russian involvement in the 2016 presidential election. President Obama ordered the report on December 9, 2016. The report states:
“ We assess Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election. Russia’s goals were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump. We have high confidence in these judgments.
...We also assess Putin and the Russian Government aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him. All three agencies agree with this judgment. CIA and FBI have high confidence in this judgment; NSA has moderate confidence.[1] 		”
The agencies involved in the report did not weigh in on whether such efforts had an impact on the outcome of the election, saying, “We did not make an assessment of the impact that Russian activities had on the outcome of the 2016 election. The US Intelligence Community is charged with monitoring and assessing the intentions, capabilities, and actions of foreign actors; it does not analyze US political processes or US public opinion.”
  • Trump received a briefing on the report on Friday. He released a statement, saying, “While Russia, China, other countries, outside groups and people are consistently trying to break through the cyber infrastructure of our governmental institutions, businesses and organizations including the Democrat National Committee, there was absolutely no effect on the outcome of the election including the fact that there was no tampering whatsoever with voting machines. There were attempts to hack the Republican National Committee, but the RNC had strong hacking defenses and the hackers were unsuccessful.”

Dan Coats as Director of National Intelligence

  • Trump reportedly plans to name former Indiana Sen. Dan Coats as director of national intelligence (DNI). Coats retired from the Senate this year. He was most recently elected in 2010, but he also served in the Senate from 1989 to 1999 and in the House from 1981 to 1989. In his most recent stint in the Senate, he was a member of the Senate Intelligence Committee. Coats was also the ambassador to Germany from 2001 to 2005. Rep. Todd Young, from Indiana’s ninth district, won Coats’ seat in the 2016 general election.
  • The office of the DNI was created in the aftermath of the September 11, 2001, terror attacks with the goal of coordinating and integrating the efforts of the country’s various intelligence agencies. The DNI is the principal advisor to the president and the national security council on all security-related intelligence matters and serves as the head of the U.S. Intelligence Community, a group of 16 government intelligence agencies that includes the CIA. The position requires Senate confirmation. James Clapper is the current director.

The 2016 Election is Officially Over

  • Congress met in a joint session this afternoon to count the votes from the Electoral College. Trump received 304 votes to Hillary Clinton’s 227. A total of 270 was needed to win. Trump was projected to receive 306 votes based on the results of the 2016 election, but two Republican electors in Texas voted for other individuals. Similarly, Clinton was projected to receive 232 votes, but five electors in Washington and Hawaii also voted for other individuals. Read more about that here. By our most recent count, the popular vote stands at 62,979,984 for Trump (46.2 percent) and 65,844,969 for Clinton (48.3 percent), a difference of about 2.8 million. If you’re interested in past instances of splits between the Electoral College and the popular vote, you should read this article.
  • Several Democrats in the House objected to the vote count, arguing that voter suppression and Russian interference may have affected the outcome of the election. Federal law allows for such objections, but they can only have a potential impact if an objection is signed by a member of the House and a member of the Senate. No senators signed on this year. If one or more of them had, federal law stipulates that both chambers must independently vote on whether to sustain the objection. A sustained objection could lead to some votes being thrown out and possibly even change the outcome of the election. The last time both a member of the House and a member of the Senate signed on to an objection was in 2005, when George W. Bush was elected to a second term. Rep. Stephanie Tubbs Jones (D-Ohio) and Sen. Barbara Boxer (D-Cal.) objected to the count of Ohio’s 20 electoral votes, which went to Bush, on the grounds of alleged voting irregularities on Election Day. The House voted 267-31 against sustaining the objection, while the Senate voted in agreement 74-1. Bush defeated Sen. John Kerry (D-Mass.) 286 to 251 in that election.

Another Vacancy Appears

 

Congress is IN session SCOTUS is IN session
The Senate and House will both be in session next week Monday - Friday. The Supreme Court reconvenes for its January sitting this week. The court will hear its first arguments of this sitting on Monday, January 9.

What’s On Tap Next Week

Monday, January 9

SCOTUS is Back

  • The U.S. Supreme Court reconvenes for its January sitting and will hear arguments in two cases on Monday.
    • In Nelson v. Colorado, the court will examine whether a Colorado procedural rule violates the Due Process Clause of the Fourteenth Amendment. Shannon Nelson was convicted on five counts of sexual battery at trial, but her convictions were overturned on appeal. In most states, when an individual has a criminal conviction overturned on appeal, any court costs that were held by the state are returned—but Colorado requires exonerated individuals to file a civil lawsuit under provisions of the state’s Exoneration Act. Nelson argued that her refund from the state should have been provided upon her vacated convictions, but the Colorado Supreme Court held on appeal that the procedural rules of the state’s Exoneration Act did not violate her rights to due process under either the Colorado Constitution or the U.S. Constitution.
    • In Lewis v. Clarke, the court will consider whether a Native American tribe’s sovereign immunity against torts extends to non-tribal employees performing work-related actions for the tribe. Brian and Michelle Lewis were struck by a car driven by William Clarke during the course and scope of Clarke’s work-related actions for the Mohegan Sun Casino, which is operated by an instrumentality of the Mohegan Tribe. In an effort to get around the tribe’s sovereign immunity, the Lewises sued Clarke personally for civil damages, but the Connecticut Supreme Court held that sovereign immunity applied in this case and that Clarke could not be sued personally for work-related actions performed under the authority of the tribe.

Tuesday, January 10

You’re Hired

SCOTUS Watch

  • The U.S. Supreme Court will hear arguments in two cases on Tuesday.
    • In Expressions Hair Design v. Schneiderman, the court will review a split between circuit courts over whether laws prohibiting businesses from applying surcharges on purchases made with credit cards violates the First Amendment. Merchants typically pay a fee whenever receiving payments from customers using a credit card for payment. A New York law prohibits passing on these fees as surcharges for customers who use credit cards for payment. The law does allow merchants to offer discounts for anyone paying in cash. In a similar case from the Eleventh Circuit Court of Appeals, that court struck a Florida law with the same provision as unconstitutionally restricting speech regarding price information, but here the Second Circuit Court of Appeals upheld the New York law as regulating only commerce, not speech.
    • In Goodyear Tire and Rubber Co. v. Haegerz, the court will determine if a federal court judge in Arizona exceeded her authority when she awarded $2.7 million dollars in post-settlement compensatory sanctions to a plaintiff’s descendants after the judge discovered both Goodyear and its counsel had acted in bad faith. Before a trial was set to begin in which Haeger alleged injuries suffered as a result of faulty tires, Goodyear, through its counsel, announced a settlement. However, after the settlement, Haeger’s counsel discovered that Goodyear failed to produce evidence required under rules of discovery. Judge Roslyn Silver, in a 2012 ruling, held that Goodyear and its attorneys engaged in deliberate and repeated attempts to frustrate the resolution of the case and awarded compensatory sanctions under the court’s inherent power. Goodyear alleges that issuing these sanctions exceeds a court’s inherent authority.

Wednesday, January 11

You’re Hired

  • Four of Trump’s cabinet nominees and his pick to head the CIA begin their confirmation hearings on January 11. In these hearings, the committees usually ask the nominees about their policy stances and scrutinize their background. Before the hearings take place, the committees often request that the nominees respond to questionnaires and submit information about their personal finances. If the committee chooses to take action on the nominee’s status, it can report the nomination favorably, unfavorably, or without recommendation. This report is then put on the executive calendar for consideration on the Senate floor, where a majority vote is required to confirm a nominee. Read more about the confirmation process here.
Nominee: Rex Tillerson
Committee: Foreign Relations
Nominee: Elaine Chao
Committee: Commerce, Science, and Transportation
Nominee: Betsy DeVos
Committee: Health, Education, Labor, and Pensions
Nominee: John Kelly
Committee: Homeland Security and Governmental Affairs
Nominee: Mike Pompeo
Committee: Intelligence

Topic TBD

  • Trump will hold a press conference in New York. It will be his first press conference since July 27, 2016.

SCOTUS Watch

  • The U.S. Supreme Court will hear arguments in Endrew F. v. Douglas County School District. Endrew F. is a minor with autism and attention deficit/hyperactivity disorder (ADHD). These conditions affect his learning and social abilities. From preschool through fourth grade, Endrew attended schools in the Douglas County School District, where he received special education services, including an individualized education plan (IEP) that was designed to accommodate his needs. After his fourth grade year, Endrew's parents rejected the IEP proposed by the district for his fifth grade year and placed him in a private school. The parents sought reimbursement for tuition and related expenses under the Individuals with Disabilities Act (IDEA), which permits court-ordered reimbursement if a school district violates the requirement for a free appropriate public education (FAPE) under the IDEA. Here, a federal district court and the Tenth Circuit Court of Appeals held that the district provided Endrew with a FAPE and, as such, Endrew's parents are not entitled for tuition reimbursement and related expenses for private school.

 

Where was the president last week? Federal judiciary
President Barack Obama addressed members of the military for a final time before leaving office at Joint Base Myer-Henderson Hall in Arlington, Virginia, on Wednesday. He also announced that he will give his final address on Tuesday, January 10, in Chicago.  
  • 121 total federal judicial vacancies
  • 0 pending nominations
  • 12 future vacancies
As we’ve noted this week, several judges chose to take senior status on the federal courts, creating new Article III vacancies. It got us wondering: what does the federal judicial landscape look like for the incoming administration? How many vacancies will a President Trump get to fill on day one, and how does this number compare with his predecessors? How many more vacancies could be on the way in Trump’s first term? We’re taking a look at the numbers, and we’ll be bringing you our analysis next week. Be on the lookout for it in our next “session.”

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

State and Local

What's on tap?

Ballotpedia is excited to announce the launch of a new project covering immigration policy in the 50 states. Immigration is one of the expected areas of focus for the incoming administration, and while the federal government carries the primary responsibility over determining who may enter the United States or become a new citizen, states may enact supplementary laws and policies. For instance, states may determine which public services immigrants can access or states can establish employee screening requirements. Our newest project covers top issues in each state including sanctuary jurisdictions and E-Verify. We also provide a snapshot of immigration in your state with demographic data, economic factors such as employment, and social factors such as marriage. Click here to read about immigration policy in your state.

 

Highlights

State

  • On Tuesday, January 3, the filing deadline for statewide offices in Wisconsin passed. State Supreme Court Justice Annette Ziegler (R) is running for re-election unopposed. Ziegler will be the first unopposed Wisconsin Supreme Court justice running for re-election since N. Patrick Crooks (D) in 2006. Ziegler’s re-election means that the conservative justices will maintain a 4-3 majority over the liberal justices of the court. The superintendent of public instruction, Tony Evers, is also up for re-election. Evers will face two challengers in the primary election on February 21, 2017.

Local

  • On Tuesday, January 3, Dallas Mayor Mike Rawlings (D) asked the Texas Ranger Division to investigate the city’s Police and Fire Pension System for potential criminal wrongdoing. It has been estimated that the $2.1 billion pension fund will become insolvent by 2027 due to underfunding. According to the fund’s executive director, Kelly Gottschalk, the underfunding stems from multiple sources, including system design problems, previous investment decisions, an aging population, and the size of benefits. In 2014, it was announced that the pension fund lost an estimated $545 million due to investments in speculative real estate deals. The director at the time, Richard Tettamant, subsequently resigned from his position. In April 2016, the pension system filed a lawsuit against CDK Realty—one of its former real estate managers—claiming that CDK advised the system to make high-risk investments that resulted in a $320 million loss. The suit came after CDK initiated litigation against the pension fund in February 2016 for an alleged $139,479 in unpaid management fees. On December 30, 2016, Rawlings released a statement on the matter saying, “The past administration of the Dallas Police & Fire Pension System committed a grave breach of trust … as I have learned more in recent years and months about how the pension fund reached its current crisis, I have come to believe the conduct in question may rise to the level of criminal offenses.” No action on the investigation has been reported, and the mayor’s office has not released any further information on the conduct in question. Dallas is the third-largest city in Texas and the ninth-largest city in the U.S. by population.
    • Also in January, the Dallas City Council delayed the vote on a proposed $800 million bond, moving it from the ballot in May 2017 to the ballot in November 2017. The delay came after council members were unable to agree on how much of the bond should be earmarked for city street projects versus other city projects. The move was a reversal of the city council’s former position; during the fall of 2016, the majority of board members favored a May 2017 bond vote. According to The Dallas Morning News, Mayor Rawlings was able to sway eight of his colleagues to postpone the vote until November. The bond could still make it onto the ballot in May if a compromise is accepted by the council before the end of January.
 

State

The Week in Review

Ballot measures update

2017:

  • Three statewide measures are certified to appear on the ballot in 2017 in Maine, New York, and Ohio. 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.

2018:

  • Four measures are certified to appear on statewide ballots in 2018, and a signature petition for a citizen-initiated measure in Nevada designed to establish an automatic voter registration system was certified as sufficient, sending it to the legislature and then to voters if the legislature does not approve it during the first 40 days of its 2017 session. Over the previous five even-year election cycles, an average of about 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots.

Sunday, January 1

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Minimum Wage Increases Begin

  • The minimum wages increased in Arizona, Colorado, and Washington because of measures approved in November 2016. Voters in those three states approved initiatives designed to increase their state’s minimum wage on November 8, 2016. Proposition 206 in Arizona provided the largest increase on the New Year, with the minimum wage increasing $1.95 from $8.05 to $10.00. Washington Initiative 1433 increased the minimum wage from $9.47 to $11.00, tying the state with Massachusetts for the highest minimum wage in 2017. Due to the passage of Amendment 70, Colorado’s minimum wage rose from $8.31 to $9.30. All three of the measures will continue to increase the minimum wage each year until 2020, with the minimum wage settling at $12.00 in Arizona and Colorado and at $13.50 in Washington. Thereafter, the minimum wage in each state will be linked to increases in the consumer price index.
    • Maine voters also approved a minimum wage increase on November 8, 2016. That increase will go into effect beginning on January 7.

Monday, January 2

Independents Continue to Caucus with Republicans

  • The New York State Senate’s Independent Democratic Caucus (IDC) announced that they would continue to caucus with the chamber’s Republicans for the upcoming legislative session. Although nominally the chamber has 32 Democrats and 31 Republicans, the seven-member IDC swings majority control over to Republicans. The IDC was formed in 2011 after Democrats lost control of the Senate to Republicans, and The Buffalo News said their continued caucus with Republicans going into 2017 came as little surprise. Members of the IDC and Senate Majority Leader John Flanagan (R) each said that they looked forward to working together and getting results. Mike Murphy, a spokesman for the Senate Democratic Conference, was less enthusiastic. “It's disappointing that once again Democrats have won a majority yet don't have an opportunity to govern. ... Democrats must remain true to their value,” he said.
    • In addition to the seven members of the IDC joining Republicans for the 2017 legislative session, Simcha Felder (D) announced he would continue caucusing with Republicans after winning re-election in 2016. Felder, of Brooklyn, has caucused with Republicans since he was elected in 2012. This gives the majority caucus a total of 39 members to the minority Democrats’ 24.

Resignation in Maryland

  • Maryland Del. Jill Carter (D-41) resigned from her seat to take a position in the administration of Baltimore’s new mayor, Catherine Pugh (D). Pugh, a former state senator, tapped Carter to be the director of the city’s Office of Civil Rights and Wage Enforcement. Carter notified House Speaker Michael Bush (D) of her planned resignation on December 23. The vacancy created by Carter’s resignation will be filled by appointment rather than a special election. Under the Maryland Constitution, Gov. Larry Hogan (R) must appoint someone from a recommendation made by the 41st District Democratic Central Committee. The recommendation must be submitted within 30 days. Following Carter’s departure, the state House has 90 Democrats and 50 Republicans. With a Republican governor and both chambers of its state legislature controlled by Democrats, Maryland is one of 19 states currently under divided government. Even with Carter’s departure, Democrats still maintain the three-fifths majority needed to override gubernatorial vetoes.

Montana & Ohio Get Things Started

  • State legislative sessions began in Montana and Ohio. Ohio has been a Republican trifecta since 2011, while Montana has been under divided government since 2005. A total of 282 legislators are back to work in those two states. That number represents 3.8 percent of the 7,383 state legislators across the country.

Tuesday, January 3

New York Talks Free College Tuition

  • New York Gov. Andrew Cuomo (D) announced his plan to provide free college tuition at any state or city university in New York for any student whose family earns less than $125,000 per year. He made his announcement alongside Sen. Bernie Sanders (I-VT), who made free college tuition a main plank of his presidential platform. Such a plan would require approval of the state legislature, which is currently under divided rule. Democrats control the state Assembly, but a coalition of senators gives Republicans major authority in the state Senate. Official estimates from the administration say that free tuition would be available to about one million families with college-aged children or independent adults. Jim Malatras, a director of state operations, said that the actual number of people taking advantage of the program by its full phase in 2019 is likely to be about 200,000.

Kentucky Republicans’ Top Priority

  • Republicans in the Kentucky House of Representatives announced that their top priority in the coming legislative session would be to end mandatory labor union membership. Speaker Jeffrey Hoover (R) is the primary sponsor of HB1, which would make Kentucky a right-to-work state. According to WKMS, Kentucky is the only southern state without a right-to-work law. Unions have criticized the bill for hurting their ability to bargain for better wages and benefits, while supporters of the bill say that it will recruit new businesses to the state. Hoover became the chamber’s new leader after Republicans gained control of the state House from Democrats in the 2016 elections. This made Kentucky one of 25 states controlled by a Republican trifecta, increasing the chances of Republican-sponsored legislation passing through the legislature.

Virginia Loses Longest-Serving State Senator

  • Charles Colgan (D), the longest-serving member of the Virginia State Senate, died. Colgan served in the chamber for 40 years before his retirement in 2015 at the age of 89. Colgan was succeeded in the Senate by Jeremy McPike (D). Gov. Terry McAuliffe (D) said in a statement that Colgan “was a champion in the Virginia Senate for the people of Prince William County and the entire Commonwealth. His passionate and bipartisan approach to getting things done should serve as an example for all of us as we continue the work he and so many undertook and passed forward to us.”

DACA & College Tuition in Georgia

  • A judge in Georgia ruled that state residents who qualified for the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program are allowed to pay in-state college tuition. Under DACA, individuals who were brought to the United States as children may receive relief from being deported if they meet certain criteria. Georgia has a state law prohibiting in-state tuition rates for non-citizens who are residing in the country without legal permission, and the Board of Regents of the University System of Georgia had held that DACA recipients did not meet the lawful presence requirement. Ten Georgia residents who had received deferred action sued the Board of Regents, arguing that under federal guidelines, DACA recipients are considered lawfully present. In her opinion, Fulton County Superior Court Chief Judge Gail Tusan agreed with the plaintiffs, writing that the Board of Regents was “hereby compelled to perform their duty in applying the federal definition of lawful presence as it relates to students who are DACA recipients and to grant them in-state tuition status.”

Eight States Start Their Sessions

  • State legislative sessions are scheduled to begin in Indiana, Kentucky, Minnesota, Mississippi, North Dakota, Pennsylvania, Rhode Island, and Wisconsin. Of those eight states, Rhode Island is currently a Democratic trifecta, while Indiana, Kentucky, Mississippi, North Dakota, and Wisconsin are Republican trifectas. Kentucky is a new trifecta, becoming one when Republicans took control of the state House in 2016. Minnesota and Pennsylvania are currently under divided government. In total, 1,302 legislators will be back to work in those eight states. That number represents 17.6 percent of the 7,383 state legislators across the country.

Wednesday, January 4

Who Will Choose the Next Vermont Supreme Court Justice?

  • The Vermont Supreme Court unanimously ruled that outgoing Gov. Peter Shumlin (D) was unable to appoint a replacement for outgoing Justice John Dooley, who announced he was retiring at the end of March. Shumlin, whose term ended the following day, was expected to appoint someone from a list provided by the state Judicial Nominating Board before he left office. The court has five justices, and Dooley, appointed in 1987, is its most senior member. The lawsuit was filed by a pair of Republican legislators, Senate Minority Leader Joe Benning, and House Minority Leader Donald Turner, Jr. This leaves the nominating decision in the hands of the incoming governor, Phil Scott (R). In its decision, the court wrote, “We conclude that the Vermont Constitution does not authorize respondent to appoint an Associate Justice of this Court in anticipation of a vacancy that is not expected to occur until the expiration of the justice’s term of office, which will occur months after respondent leaves office.” Scott’s election in 2016 broke the Democratic trifecta in Vermont; his swearing-in will leave the state under divided government.

South Carolina Representative Indicted

  • South Carolina Attorney General Alan Wilson (R) announced an indictment against State Rep. Chris Corley (R-54). Corley was charged with one count of Domestic Violence of a High and Aggravated Nature and one count of Pointing and Presenting a Firearm. The charges stem from Corley’s arrest a week prior after a physical altercation with his wife. According to his wife, Corley punched her in the face and threatened to kill her in front of their children. Due to state law, Corley was immediately suspended from the South Carolina House of Representatives when the indictment was announced. Corley was first elected to the chamber in 2014 and ran for re-election unopposed in 2016. South Carolina has been a Republican trifecta since 2003.

Arkansas Representative Pleads Guilty

  • Arkansas Rep. Micah Neal (R-89) pleaded guilty to taking two kickbacks totaling $39,000 from a pair of nonprofit organizations. The kickback deals involved using funds from the state’s General Improvement Fund to pay for local projects, with the two nonprofits paying Neal some of that money in return. Although both nonprofits were unnamed in court documents, one “sought to create manufacturing jobs in northwest Arkansas, specifically for a specialized workforce including disabled veterans, disadvantaged youth and individuals recovering from substance abuse,” while the other is a “corporation operating a college located in Springdale, Arkansas.” Shane Wilkinson, Neal’s attorney, said that the representative faces up to 20 years in federal prison for the charges and that the plea agreement did not include any specifics about sentencing. Republicans currently hold a 66-33 majority in the state House, and Arkansas is one of 25 Republican trifectas.

Seven More States Get Things Started

  • State legislative sessions are scheduled to begin in Connecticut, Massachusetts, Missouri, Nebraska, New Hampshire, New York, and Vermont. Of those seven states, Connecticut is currently a Democratic trifecta, while Missouri, Nebraska, and New Hampshire are Republican trifectas. Massachusetts, New York, and Vermont are currently under divided government. In total, 1,450 legislators will be back to work in those seven states. That number represents 19.6 percent of the 7,383 state legislators across the country.

Thursday, January 5

North Carolina’s Board of Elections

  • A three-judge panel in North Carolina ruled that changes to the state’s board of elections could not take place until a lawsuit filed by Gov. Roy Cooper (D) was resolved. Cooper filed the lawsuit in response to a law that would have disbanded the board and given its powers to the state ethics commission. Currently, the board of elections has five members, who are all appointed by the governor, with a 3-2 partisan split in favor of the governor’s party. The new law, though, would make it so that the governor and legislature are responsible for appointing four members each to the ethics commission’s eight seats, with a required 4-4 split along partisan lines. Cooper, who defeated incumbent Pat McCrory (R) in November 2016, broke the Republican trifecta in North Carolina, which had been in place since 2013.
    • Control of election rules in North Carolina is particularly important this year, as it will determine who sets the schedule and rules for special legislative elections held in 2017. A court has ordered that 28 legislative districts be redrawn due to racial gerrymandering, and considerably more districts could be required to hold elections if their lines are redrawn in an effort to address those issues. Republicans currently hold a 34-16 majority in the state Senate and a 74-45 majority in the state House.

Friday, January 6

Abortion Legislation Hearings in Kentucky

  • The Kentucky State Legislature approved a pair of abortion-related bills, and the legislation is expected to be sent to Gov. Matt Bevin (R) for his signature by Saturday. The first bill would restrict abortions after 20 weeks, and the other would require someone seeking an abortion to get an ultrasound first. The abortion bill was passed with an emergency clause, which means it would go into effect immediately after getting the governor’s signature. According to The Hill, similar 20-week restrictions in other states have already been upheld in state and federal courts. Kentucky recently became a Republican trifecta as a result of the 2016 elections, when the state House flipped from Democratic to Republican control.

 

What’s On Tap Next Week

Saturday, January 7

Minimum Wage Increases in Maine

  • The minimum wage in Maine will increase by $1.50 from $7.50 to $9.00. Question 4 was passed by voters in the state on November 8, 2016. The minimum wage will continue to increase every year until it reaches $12.00. Afterwards, the state’s minimum wage will be linked to increases in the consumer price index. As of the most recent campaign finance reports, filed on December 20, 2016, the support campaign for this initiative received a total of $2,322,283.06 in contributions and spent more than $1.8 million, while the opposition campaign received $115,825.00 in donations and spent $111,150.06.

Washington Filing Deadline

  • The filing window opens for proponents of Initiatives to the People in Washington to file the initial paperwork required before gathering signatures. Washington is one of the four states that will feature citizen initiatives in 2017. Washington has two types of initiatives— Initiatives to the People (ITP) and Initiatives to the Legislature (ITL). Since 1995, Washington has featured an average of two ITP's during odd-numbered election years. 2013 was the only odd-numbered year since 1995 when there was not at least one ITP on the ballot. The 150 ITPs on the ballot since 1898 have a total approval rate of 52.7 percent.

Monday, January 9

Seven More States Jump Into Session

  • State legislative sessions are scheduled to begin in Arizona, Arkansas, Georgia, Idaho, Iowa, Kansas, and Washington. Of those seven states, six are currently Republican trifectas. Washington, the one state that is not a Republican trifecta, is currently under divided government. The Iowa State Senate will be in Republican hands, after Democrats lost control of the chamber in the 2016 elections. This is the first time the GOP has had a trifecta in Iowa since 1998. In total, 1,028 legislators will be back to work in those six states. That number represents 13.9 percent of the 7,383 state legislators across the country.

Tuesday, January 10

Special Elections

And Another Seven States Get Started

  • State legislative sessions are scheduled to begin in Delaware, New Jersey, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. Of those seven states, Delaware is currently a Democratic trifecta, and South Carolina, South Dakota, Tennessee, and Texas are Republican trifectas. New Jersey and West Virginia are currently under divided government. In total, 904 legislators will be back to work in those seven states. That number represents 12.2 percent of the 7,383 state legislators across the country.

Wednesday, January 11

Six States Begin Their Sessions

  • State legislative sessions are scheduled to begin in Colorado, Illinois, Maryland, Michigan, North Carolina, and Virginia. Of those six states, only Michigan is a trifecta, having a Republican governor and Republican-controlled state legislature. The other five states are all currently under divided government. In total, 923 legislators will be back to work in those six states. That number represents 12.5 percent of the 7,383 state legislators across the country. All told, by this point, 79.8 percent of legislators will be in session and back to work for 2017.

 

State government in session

States in session

States in session 1-7-17.png

State trifectas

State government special elections

As of this week, six state legislative special elections have been scheduled in 2017 to fill a vacancy. Due to redistricting, additional state legislative special elections will be held in North Carolina in 2017. A federal court ruled 28 district maps unconstitutional because of racial gerrymandering. North Carolina lawmakers have until March 15 to redraw the maps.

  • 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).

Next week: January 10

Local

The Week in Review

Saturday, December 31

Arkansas Judge Resigns Amid Allegations

  • Amid allegations of sexual misconduct, Arkansas Judge Tim Parker resigned from his position on the Carroll County District Court. Parker, who was appointed in 2013 by former Governor Mike Beebe (D), was accused of arranging favorable bond conditions and the release of female defendants in exchange for sexual favors. The Arkansas Judicial Discipline and Disability Commission (AJDDC) released a letter outlining its case against Parker, which stated that he “engaged in a pattern of personal relationships with many female litigants” between 2013 and 2016. Parker’s resignation was part of a negotiated resolution with the AJDDC that allowed him to avoid being formally charged with judicial misconduct and permanently bars him from serving as a judge in the state. Parker maintained his innocence and explained that he resigned to spare his family from the impact of litigation. His term was set to expire on December 31, 2016.

Monday, January 2

  • A statement released by the Chicago Police Department (CPD) labeled 2016 as the deadliest year in the city since 1996. The CPD identified 762 murders, 3,550 shooting incidents, and 4,331 shooting victims in 2016, with 12 fatal shootings during the last week of December. This translates to an average of roughly two murders and 10 shootings per day. The department also reported that attacks on police officers nearly doubled in 2016, but it did not specify the exact figures related to those attacks. CPD Superintendent Eddie Johnson told the Associated Press that the department recovered roughly 8,000 guns in 2016. The total number of shooting victims in the city increased by nearly 50 percentage points between 2015 and 2016. President-elect Donald Trump (R) reacted to the report, rebuking Mayor Rahm Emanuel (D) and suggesting that federal law enforcement should be deployed to assist the CPD and the city. To combat Chicago’s rising violent crime rates, Superintendent Johnson pledged to add 1,000 additional officers to his police department through January 2017. He also called for legislation that would give judges the ability to sentence repeat gun offenders more harshly. "We know that the long-term solutions [are] to invest in these impoverished areas, provide more jobs, better education," Johnson said. "The urgent solution right now is for state legislatures to help us with this gun bill.” Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.

Tuesday, January 3

Wisconsin Filing Deadline Season in Swing

  • FILING DEADLINE: The deadline passed to run for school board in Wisconsin. Ballotpedia covers Wisconsin’s 50 largest school districts by enrollment, which have 121 school board seats up for general election on April 4, 2017. If more than two candidates file for any school board seat up for election, the school district will hold a primary election on February 21, 2017. The largest Wisconsin school district holding elections this year is Milwaukee Public Schools, which served 77,316 students during the 2014-2015 school year—roughly 9 percent of all public school students in the state.
  • FILING DEADLINE: The deadline passed to run for election to the Madison City Council in Wisconsin. The Madison City Council consists of 20 members who are elected from distinct geographical districts, and all 20 seats are up for election every two years. In 2017, the races in 15 of these districts are unopposed and feature the incumbent running for re-election. In each of the five opposed races (Districts 1, 8, 10, 11, and 14), only two candidates are competing for the seat. The general election will be held on April 4, 2017. Madison is the second-largest city in Wisconsin and the 83rd-largest city in the U.S. by population.
  • FILING DEADLINE: The deadline passed to run for 48 circuit court seats across 27 counties in Wisconsin. The general election will be held on April 4, 2017. Four seats require primary elections, which will be held on February 21, 2017. The top two vote recipients for each seat will advance to the general election. Thirty-seven of the seats up for election in 2017 are unopposed.

Wednesday, January 4

Who Should Oversee the Kansas City Police?

  • The mayor of Kansas City, Missouri, and the Missouri governor-elect disagree on control of the Kansas City Police Department (KCPD). The department has been under state control since 1939—78 years—due to widespread corruption caused by a now-defunct political machine. Mayor Sly James (D) believes that local control of the KCPD should be reinstated and that Missouri law should be changed to allow the Kansas City Council to oversee its police force. James argues that the KCPD is the only police force in a major U.S. city under state control. Governor-elect Eric Greitens (R) argues that police officers prefer to remain under state governance with the direct support of the governor’s office. In December 2016, a petition to reinstate local control of the KCPD was filed and is currently in a 30-day period of public comment. If the petition is accepted by the secretary of state, roughly 100,000 signatures will be required to put the matter to a vote in 2018. Kansas City is the largest city in Missouri and the 37th-largest city in the U.S. by population.

Anchorage Sees Petition Regarding Nondiscrimination Ordinance

  • A petition to repeal several provisions of a nondiscrimination ordinance was filed with the Anchorage city clerk by the local citizens’ group Protect Our Privacy. In 2015, the Anchorage City Council voted 9-2 to pass a law making it illegal to discriminate against any individual on the basis of sexual or gender identity. The law added equal rights protections for members of the LGBTQ community in the areas of housing, employment, and public accommodations and also provided exemptions for religious groups and those with ministerial duties. Shortly after its passage, opponents filed a referendum to repeal the law, but disagreements over referendum phrasing caused it to stall in the city attorney’s office. Kim Minnery, Protect Our Privacy’s primary sponsor, said the group’s goal is to protect citizen privacy and religious liberty from government intrusion. She also said the group is focused on fairness and equality for all people. Minnery told the Alaska Dispatch News that the group’s renewed efforts are in response to the national political climate and similar legislation emerging in other states. Proponents of the nondiscrimination ordinance argue that the petition is unnecessary, as city law already makes it illegal to harm, harass, or invade a citizen’s privacy. The city attorney’s office has 10 days from the time of the petition’s submission to review and respond to it. If it gains legal approval, Protect Our Privacy has until February 1, 2017, to gain the 5,700 signatures required to bring the referendum to the public for a vote. Anchorage is the largest city in Alaska and the 63rd-largest city in the U.S. by population.

Oakland Gets New Police Chief

  • On Wednesday, Anne Kirkpatrick was named by Oakland Mayor Libby Schaaf (D) as new police chief of the embattled Oakland Police Department (OPD) in California. Kirkpatrick, who previously served as chief of police in Spokane, Washington, and is currently a high-ranking police official in Chicago, will take the reins of a police force that has been mired in a sexual abuse scandal since the summer of 2016. Previous OPD Chief Sean Whent resigned in June 2010 after a 19-year-old sex worker claimed she had sexual encounters with more than one dozen OPD officers in exchange for favors, including tip-offs prior to prostitution ring sweeps. Multiple officers were fired, four have been criminally charged in the scandal, and three additional officers are charged with failing to report the abuse. Over the previous six months, the OPD has operated without a permanent police chief, and two interim chiefs were appointed and dismissed within the span of one week. Oakland is the eighth-largest city in California and the 45th-largest city in the U.S. by population.

Chicago Law Dept Formally Sanctioned for Eighth Time

  • For the eighth time since 2011, Chicago’s Law Department was formally sanctioned for withholding records related to the fatal police shooting of a citizen. According to a finding issued by U.S. District Court Judge Joan Gottschall, the city of Chicago ignored a court order to provide documents during the discovery process, which allows both the prosecution and defense to uncover facts through the exchange of documents, in the case of Divonte Young. Young was shot and killed by a Chicago police officer in 2012 after reports that he opened fire on two people. A weapon was never recovered. Gottschall concluded that city officials acted “in bad faith” when they failed to provide documents relevant to the case in a timely manner. The sanctions imposed by Gottschall removed legal protections from the city that would have allowed it to withhold some evidence in the case from the Young family’s lawyer. Gottschall is also considering whether or not the city should pay the Young family’s attorney fees, and a decision is expected later in January. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.

Friday, January 6

California Filing Deadline

  • FILING DEADLINE: The deadline passed to run for school board in some California school districts. Ballotpedia covers two of the state’s largest school districts with a filing deadline on this date. The Glendale Unified School District (GUSD) and the Inglewood Unified School District (IUSD) will each hold general elections for three seats on April 4, 2017. GUSD and IUSD were the 44th-, and 124th-largest school districts in the state, serving 39,637 students during the 2014-2015 school year—roughly 0.62 percent of all public school students in the state.

 

What’s On Tap Next Week

Tuesday, January 10

Plumas County, California Votes

  • A parcel tax measure will be on the ballot for Peninsula Fire Protection District voters in Plumas County, California. A yes vote is a vote in favor of authorizing the district to renew its annual parcel tax—a kind of property tax based on units of property rather than assessed value—of $280 per unimproved parcel and $295 per improved parcel for an indefinite time, thereby preventing the tax from expiring on June 30, 2017. A no vote is a vote against authorizing the district to renew its annual parcel tax, which would allow it to expire.

 

Back to top for Federal and fact checks updates

Fact Check

Fact Check by Ballotpedia

Federal fact checks

  • Are people who have stopped looking for work counted in the unemployment rate? In December, President-elect Donald Trump criticized the official unemployment rate as failing to provide a complete picture of the workforce: "[Y]ou look at what's going on—and you can look at a jobs report, but take a look at the real jobs report, which are the millions of people that gave up looking for work, and they're not considered in that number that's less than 5 percent." Trump is correct. The unemployment rate does not count people who have not looked for work in four weeks. These individuals are counted in the labor force participation rate, which at 62.7 percent is near the 10-year low of 62.4 percent.
  • Was Van Jones correct in calling the 2016 election a "white lash"? On election night, CNN’s Van Jones claimed that Donald Trump’s victory “was a white-lash against a changing country. It was a white-lash against a black president, in part.” Jones’ claim is a matter of opinion, not fact, and the motivations of millions of voters is unknowable. However, exit polling indicates that white voters made up a slightly smaller proportion of the electorate in 2016 than in 2012. Donald Trump won a smaller percentage of white voters, and a larger percentage of black, Latino, and Asian voters, than Mitt Romney did in 2012. Hillary Clinton won fewer votes from all four groups than did President Obama.
  • Has Ryan Zinke advocated for state control of energy development on federal lands? President-elect Trump nominated Congressman Ryan Zinke (R-Montana) to head the Department of the Interior. Responding to his nomination, the president and CEO of the National Parks Conservation Association, Theresa Pierno, stated, “Mr. Zinke has advocated for state control of energy development on federal lands, a move that threatens our national parks.” This is an accurate statement. Zinke co-sponsored legislation to permit states to regulate the leasing and permitting for oil and natural gas development on federal lands. He also has criticized the federal government as lacking the technical expertise for energy regulation that exists at the state level and in the energy industry.

State and local fact checks

  • Has state funding for classroom materials in North Carolina public schools declined? North Carolina Teacher of Year Bobbie Cavnar said the biggest inhibitor of student achievement in the classroom is a lack of “basic, basic resources.” Ballotpedia reviewed budget information from the North Carolina Department of Public Instruction and found that appropriations for classroom materials have declined every year since 2011. They were at a 10-year low in the 2015-2016 school year.
  • Was Hurricane Matthew a climate-related event? Ben Lilliston, director of climate strategies at the Institute for Agriculture and Trade Policy, noted the “rapidly rising costs to governments of dealing with climate-related events like Hurricane Matthew.” To characterize Hurricane Matthew as a “climate-related event” is speculation, not fact. Research is inconclusive about whether storms have increased in either number or severity due to climate change. One 2008 study, cited by NOAA, found that “the evidence for a significant increase in Atlantic storm activity” from 1878 to 2006 is mixed, even though sea surface temperature has “warmed significantly.” In 2014, the Intergovernmental Panel on Climate Change concluded that “economic growth, including greater concentrations of people and wealth in periled areas and rising insurance penetration, is the most important driver of increasing losses."
  • Do FBI crime statistics show increased LGBT hate crimes in North Carolina since the passage of HB 2? Ben Graumann, a spokesman for Equality N.C., said "We’ve seen an overall trend in the increase of hate crimes against LGBT people in the community and this coincides directly with what we’re hearing from our members who are feeling unsafe in their communities as a result of HB 2.” The FBI’s hate crime report showed an increase in the number of reported incidents against LGBT individuals. However, the report covers incidents that occurred in 2015, and HB2 wasn’t introduced in the General Assembly of North Carolina until March 23, 2016. Moreover, the methodology used to compile the data prevents a credible comparison of reported hate crimes year over year.

 

Read the latest fact checks.


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  1. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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