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The Tap: Let's Debate

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September 24, 2016Issue No. 35

The Tap Graphic-750x191px.png

The week in review: September 17 - September 23
What's on Tap next week: September 24 - September 30

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

The first presidential debate of the 2016 general election season will take place on Monday night. Here is everything you need to know:

  • Ballotpedia’s coverage of the debate will include an Insider’s Survey, statistical analysis, and commentary by guest writers. Be sure to follow Ballotpedia on Twitter and read up on Clinton’s and Trump’s policy positions before, during, and after the debate. And if you are feeling nostalgic for the primary debates, Ballotpedia’s in-depth coverage of all of them can be found here.
  • Some observers in the media anticipate viewership for the debate could be around 100 million people. Dentsu Inc., an international advertising firm, is anticipating more than 80 million viewers. In 2012, the first debate between Barack Obama and Mitt Romney set a new record for presidential debate viewership at 67 million people.
  • The debate will start at 9 p.m. EST and will last 90 minutes. You can watch it on any major television network or online on C-SPAN or the websites of the major cable news channels.
  • It will take place at Hofstra University in Hempstead, New York. (The debate was originally scheduled to take place at Wright State University in Ohio but was moved after the university withdrew, citing concerns over costs and increased security.)
  • The participants will be Hillary Clinton and Donald Trump. Gary Johnson and Jill Stein did not meet the 15 percent polling average required for participation by the Commission on Presidential Debates. Stein is planning a protest outside of Hofstra during the debate. Ballotpedia is unaware of Johnson’s plans.
  • Lester Holt of NBC News will moderate the debate. Trump recently stated, “Lester is a professional, but we'll see what happens ... By the way, Lester is a Democrat. It's a phony system. They are all Democrats. It's a very unfair system. I've worked pretty well within the system.” Holt, a registered Republican in the state of New York, moderated the fourth Democratic debate on January 17, 2016.
  • Topics at the debate will include "America's Direction," "Achieve Prosperity," and "Securing America," according to a press release from the Commission on Presidential Debates.
  • Its format will be composed of six 15-minute segments, each covering a major topic selected by the moderator. Each segment will open with a question, and each candidate will have two minutes to respond, followed by responses. The remaining time will be used for "deeper discussion."
  • See also: Presidential debate at Hofstra University (September 26, 2016) and Presidential debates (2015-2016)
 

Federal

The Week in Review

Saturday, September 17

  • A series of terrorist attacks took place in New York, New Jersey, and Minnesota on Saturday that resulted in injuries to almost 40 people. There was an explosion in Chelsea, a neighborhood in New York City, a stabbing in a mall in St. Cloud, Minnesota, and an explosion in a garbage can near a Marine Corps charity run in New Jersey. Police arrested Ahmad Khan Rahami in connection with the attacks in New York and New Jersey. The attacker in Minnesota, whom ISIS labelled a “soldier of the Islamic state,” was shot and killed by an off-duty police officer. In addition to these attacks, explosive devices were found in Elizabeth, New Jersey, and a pressure cooker wired to a cell phone was found in Chelsea. Presidential candidates Donald Trump and Hillary Clinton made statements regarding all of these events over the weekend and throughout the week.
    • Clinton discussed the terrorist attacks during a press conference on Monday, September 19. She emphasized the importance of supporting local law enforcement in antiterrorism efforts and launching "an intelligence surge to help identify and thwart attacks before they can be carried out." She continued, "In the Middle East, we have to smash ISIS’ strongholds with an accelerated coalition air campaign, more support for Arab and Kurdish forces on the ground and intense diplomatic efforts in Syria, Iraq and across the region." When asked to comment on whether Trump’s immigration proposals should be considered given that one alleged perpetrator was an Afghan immigrant, she said, "But let us remember, there are millions and millions of naturalized citizens in America from all over the world. There are millions of law-abiding peaceful Muslim-Americans. This is the kind of challenge that law enforcement can be and is prepared to address, namely going after anyone who would threaten the United States. So I am absolutely in favor of and have long been an advocate for tough vetting, for making sure that we don’t let people into this country — and not just people who come here to settle, but we need a better visa system. Let’s remember what happened on 9/11. These were not refugees who got into airplanes and attacked our city and our country. So let’s not get diverted and distracted by the kind of campaign rhetoric we hear coming from the other side."
    • Trump addressed the attacks in an interview on Fox and Friends on Monday, saying, “I should be a newscaster because I called it before the news.” As reports of the explosion in New York were still coming in, Trump stated at a campaign rally on Saturday night, “Just before I got off the plane, a bomb went off in New York and nobody knows exactly what's going on.” In the Fox and Friends interview, Trump suggested that there could be more attacks in the future: “This is something that will happen, perhaps, more and more all over the country. Because we’ve been weak. Our country’s been weak. We’re letting people in by the thousands and tens of thousands. … We’re allowing these people to come into our country and destroy our country, and make it unsafe for people. We don’t want to do any profiling. If somebody looks like he’s got a massive bomb on his back, we won’t go up to that person ... because if he looks like he comes from that part of the world, we’re not allowed to profile. Give me a break.”
    • See also: 2016 presidential candidates on national security and ISIS and terrorism
  • The New York Times reported that although the Clinton campaign has established 57 campaign offices in Florida and has spent tens of millions of dollars on television advertising there, she is underperforming compared to President Barack Obama in 2012 among white and Hispanic voters in the state. “If she’s getting 34, 33, 35 [percent] among whites in Florida, I’m going to start to buy a lot of antacids,” remarked Steve Schale, who was also the state director for Obama's campaign in Florida in 2008. In a Monmouth University poll of Florida voters released this week, Clinton polled at 35 percent with white voters.

Sunday, September 18

  • Reince Priebus, the chair of the Republican National Committee, said that the RNC may make the presidential nomination process more difficult in 2020 and 2024 for Republicans who have refused to support Donald Trump’s 2016 presidential run. Speaking on CBS’ Face the Nation, he said, “Those people need to get on board. And if they’re thinking they’re going to run again someday, I think that we’re going to evaluate the process – of the nomination process and I don’t think it’s going to be that easy for them.” Priebus also discussed the “loyalty pledge” that the 2016 GOP presidential contenders signed during the primary season in which they promised to support the eventual Republican nominee. He said, “if a private entity puts forward a process and has agreement with the participants in that process, and those participants don’t follow through with the promises that they made in that process, what-- what should a private party do about that if those same people come around in four or eight years?” The RNC has the power to amend its rules between conventions by a three-fourths vote of its entire membership.
  • John Weaver, an adviser to Ohio Governor John Kasich, released a statement in response to Priebus’ remarks on official campaign letterhead. Kasich has so far refused to endorse Trump and did not attend the Republican National Convention in Cleveland in July. Weaver said, “Thankfully, there are still leaders in this country who put principles before politics. The idea of a greater purpose beyond oneself may be alien to political party bosses like Reince Priebus, but it is at the center of everything Governor Kasich does. … The Governor is traveling the nation supporting down ballot Republicans and preventing a potential national wipeout from occurring on Reince's watch.” Kasich met with President Barack Obama on September 16 to express his support for the Trans-Pacific Partnership. In a press conference at the White House, Kasich said, “I get reactions like, well, you’re a Republican. Why are you supporting something that the president wants? We cannot get to the point in America that because a Democrat wants something that you happen to agree with, you can’t agree with him.”
  • At a fundraiser for Hillary Clinton, President Barack Obama said that Donald Trump was “not qualified” when compared to the 2008 and 2012 Republican presidential nominees, U.S. Sen. John McCain and former Gov. Mitt Romney. "When I ran against John McCain, we had deep differences, but I couldn't say that he was not qualified to be president of the United States. I couldn't say that electing Mitt Romney would be an unmitigated disaster. This guy [Trump] is not qualified to be president," Obama said.
  • Businesswoman Martha Stewart announced that she would vote for Hillary Clinton in the upcoming presidential election. Stewart, who starred in the Donald Trump-produced reality show “The Apprentice: Martha Stewart,” told CNNMoney that she did not believe Trump was fit for the job, saying, “There is so much to know and so much to learn and so much diplomacy and kindness and introspection that goes with that kind of job. And it does not exist in the world of Donald Trump.”

Monday, September 19

  • Donald Trump announced that he had appointed Marjorie Dannenfelser, the president of the Susan B. Anthony List, as the chair of his national “Pro-Life Coalition.” In a letter to anti-abortion leaders, Trump announced the appointment and outlined his views on abortion, which included “Nominating pro-life justices to the U.S. Supreme Court, signing into law the Pain-Capable Unborn Child Protection Act … defunding Planned Parenthood … making the Hyde Amendment permanent law.” The Hyde Amendment restricts federal funding of abortions through Medicaid except in cases of rape, incest, or when the mother’s life is in danger. It is not a permanent law. Instead, it has been attached to appropriations bills as a rider and reauthorized every year since 1976.
  • Trump met with Egyptian president Abdel Fattah el-Sisi during a special meeting of the United Nations General Assembly. According to a readout of the meeting released by the Trump campaign, Trump “thanked President el-Sisi and the Egyptian people for what they have done in defense of their country and for the betterment of the world over the last few years. He expressed great respect for Egypt’s history and the important leadership role it has played in the Middle East.” He also, “expressed to President el-Sisi his strong support for Egypt’s war on terrorism, and how under a Trump Administration, the United States of America will be a loyal friend, not simply an ally, that Egypt can count on in the days and years ahead.” El-Sisi discussed his meeting with Trump in an interview with CNN on Thursday. When asked if Trump would make a “strong leader,” el-Sisi said, “no doubt.” When asked if he thought Hillary Clinton would make a good president, he said, “Political parties in the United States would not allow candidates to reach that level unless they are qualified to lead a country the size of the United States of America.” El-Sisi also expressed skepticism that Trump would follow through with a plan for “extreme vetting” of individuals visiting the United States from Muslim countries. He said, “During election campaigns there is a perception based on a certain vision and a point of view. Then that vision or point of view gets corrected and develops as a result of experience, reports and advice from experts.” El-Sisi spoke through a translator.
  • In a Fox News interview with Bill O’Reilly, Trump talked about his strategy for debating Hillary Clinton at the first debate on September 26. He said, “I can talk about her deleting emails after she gets a subpoena from Congress and lots of other things. I mean I can talk about her record which is a disaster. I can talk about all she's done to help ISIS become the terror that they've become and I will be doing that. So I mean we're going to go back and forth and she's got a lot of baggage.” Trump said he does not plan to talk about Clinton’s marriage to Bill Clinton. Regarding moderator Lester Holt, he said, “Lester is a professional, but we'll see what happens ... By the way, Lester is a Democrat. It's a phony system. They are all Democrats. It's a very unfair system. I've worked pretty well within the system.” (Holt has been a registered Republican in New York since 2003.) Trump commented on Holt again on Thursday, saying, “I think he has to be a moderator. I mean, if you’re debating somebody and if she makes a mistake or I make a mistake ... we’ll take each other on. But I certainly don’t think you want Candy Crowley again.” In a 2012 debate between Barack Obama and Mitt Romney, Crowley, at the time a correspondent for CNN, fact checked the candidates in the middle of the debate.
  • The Wall Street Journal reports that major Republican donors Sheldon Adelson and Joe Ricketts plan to spend at least $6 million together in support of Trump. Adelson is planning another $40 million for Republicans in Congress. Adelson had originally pledged to spend $100 million in support of Trump. In 2012, he spent close to $100 million, backing Republicans such as Newt Gingrich and eventually Republican nominee Mitt Romney. According to CNN, these commitments are Adelson’s “first major gifts of the entire 2016 cycle.” Ricketts donated $5.5 million to the anti-Trump group Our Principles PAC during the 2016 Republican primaries.
  • A group of more than 50 former national security officials and experts released a letter calling on Trump to make public his international business relationships, arguing that it has become “increasingly clear that his overseas ties could well constitute significant conflicts of interest when it comes to charting US foreign policy.” The letter added that this is “unprecedented for a candidate for the nation’s highest office.” Several of the individuals who signed the letter, such as former Secretary of Homeland Security Michael Chertoff and former Deputy National Security Advisor Robert Blackwill, also signed onto a letter from Republican national security officials announcing their opposition to Trump.
  • Bill Weld, the former governor of Massachusetts and running mate for Gary Johnson, addressed rumors that he might drop out of the race in order to prevent the Libertarian ticket from taking votes away from Hillary Clinton. On Facebook, he said, “I strongly believe that our Libertarian ticket of two former two-term Governors, fiscally responsible and socially inclusive, is the best bet for America in this year’s election. Gary Johnson and I will campaign with all our strength to make that case to the American people from now until November 8th. Under no circumstances will our energies be diverted from our goal of winning the election and serving our country.” Investigative journalist Carl Bernstein tweeted on September 16, “Bill Weld could be a hero--instead of a Nader--if he renounces his own Libertarian candidacy and endorses/campaigns for HRC. Stay tuned.” Bernstein also said on CNN that Weld is “thinking about dropping out of this race if it looks like he and Johnson might get Trump elected.”
  • In an interview on Fox Business, Johnson said he would close the Department of Homeland Security. “I think it’s just another layer of bureaucracy. It’s just spending more money than we have to spend. Look, we should always be looking for ways to make government more efficient. Why is it that government makes the perfect choices and business doesn’t? Well, business doesn’t and they admit it. … It was the merging of 22 separate agencies. I just think it’s corporate reorg gone bad. I would just devolve those agencies back to where they came from in the first place. I think we can all recognize the FBI has been around a long time. They have a great reputation. Going forward, this would be FBI-driven.”
  • Donald Trump Jr. tweeted an image with a Trump/Pence logo on it that said, “If I had a bowl of skittles and I told you just three would kill you. Would you take a handful? That’s our Syrian refugee problem.” The tweet attracted both criticism and support. Mars Inc., Skittles’ parent company, tweeted “Skittles are candy; refugees are people. It’s an inappropriate analogy.” The Trump campaign addressed the tweet in a statement, saying, “Speaking the truth might upset those who would rather be politically correct than safe, but the American people want a change, and only Donald Trump will do what's needed to protect us.” Trump Jr. defended the tweet. He said, “If a metaphor offends someone, I can understand that and maybe that’s the world we live in today, but I’m not comparing someone to candy, I’m using it as a – it’s a statistical thing. We have to be careful who [we] let into this country. You’ve seen what’s going on in Europe – and this is not just about terrorists, it’s about the rape statistics that have gone on there.”
  • Hillary Clinton briefly met with Japanese Prime Minister Shinzo Abe where they discussed U.S.-Japan relations and Abe advocated for the Trans-Pacific Partnership. Although she supported the trade deal as secretary of state, Clinton opposed the agreement in its final form because it would not adequately create jobs, raise wages, or advance national security, she said in an interview in October 2015.
  • The Department of Homeland Security’s inspector general found that the United States government “mistakenly granted citizenship to at least 858 immigrants from countries of concern to national security or with high rates of immigration fraud who had pending deportation orders.” The report explained that some individuals who were initially slated for deportation re-applied for citizenship using different names and birthdates. They were then granted citizenship because their fingerprints were missing from government databases, and officials were unable to properly identify the individuals. According to The New York Times, “The United States Citizenship and Immigration Service, an agency within Homeland Security that oversees citizenship, is supposed to check the fingerprints of applicants for citizenship against a number of databases to make sure that they do not have criminal records or pose a threat. But since the fingerprint databases are incomplete, the report found that the agency had no way of knowing if the individuals were actually who they said they were.”

Tuesday, September 20

  • The Washington Post reported that Donald Trump spent more than $250,000 from his charity, the Donald J. Trump Foundation, to settle lawsuits related to his for-profit businesses. “Those cases, which together used $258,000 from Trump’s charity, were among four newly documented expenditures in which Trump may have violated laws against ‘self-dealing’ — which prohibit nonprofit leaders from using charity money to benefit themselves or their businesses,” wrote David Fahrenthold. The Trump campaign responded in an official statement, saying, “In typical Washington Post fashion, they’ve gotten their facts wrong. It is the Clinton Foundation that is set up to make sure the Clintons personally enrich themselves by selling access and trading political favors. … There was not, and could not be, any intent or motive for the Trump Foundation to make improper payments. All contributions are reported to the IRS, and all Foundation donations are publicly disclosed. Mr. Trump is generous both with his money and with his time. He has provided millions of dollars to fund his Foundation and a multitude of other charitable causes.”
  • Donald Trump released a statement in support of New Jersey Gov. Chris Christie, following news that federal prosecutors accused Christie of having been aware of the lane-closings on the George Washington Bridge in 2013, which prosecutors argue was done as an act of political retribution. Trump said to The New York Times, “I have known and liked Chris for 15 years. After his recent run for president, he called me to say that he would like to endorse me in that he sees a movement like he has never seen before. I was greatly honored, accepted his endorsement, and he has been a spectacular advocate ever since.” In December 2015, while Christie was still a candidate for president, Trump said that Christie “totally knew about” the lane closures while they were happening. “They’re with him all the time, the people that did it,” said Trump. Christie endorsed Trump for president in February 2016 and is in charge of Trump’s White House transition efforts.
  • At a campaign event in North Carolina, Trump discussed African American communities and inner-city crime, saying, “African-American communities are absolutely in the worst shape they've ever been in before. Ever, ever, ever.” He added, “You take a look at the inner cities, you get no education, you get no jobs, you get shot walking down the street. They're worse, I mean honestly, places like Afghanistan are safer than some of our inner cities. And I say to the African-American communities, and I think it's resonating, because you see what's happening with my poll numbers with African Americans. They're going, like, high. With the inner cities I say to the African American people who have to suffer in these inner cities, I'm going to fix it, I'm going to fix it. We're going to fix it.” President Obama responded to Trump’s comments in an interview with ABC News. He said, “You know, I think even most 8-year-olds will tell you that whole slavery thing wasn't very good for black people. Jim Crow wasn't very good for black people. What we have to do is use our history to propel us to make even more progress in the future.”
  • Gary Johnson failed to qualify for public funds to begin planning for a White House transition process. In order to receive public funds for transition planning, federal law requires candidates to appear on enough ballots to have a mathematical chance of winning the electoral college and to be able to demonstrate “significant” support in public polling. The General Services Administration, which oversees transition processes, gave government office space and technical support to the campaigns of Hillary Clinton and Donald Trump in August. A spokesperson for the GSA said that GSA staff “continues to closely monitor the situation, including ballot access, polling numbers and his eligibility for inclusion in the presidential debate. If Gov. Johnson qualifies in the future, GSA will offer him the space and services detailed in the law.” Ron Nielson, Johnson’s campaign manager, said in response to the news, “Even the federal government is in the business of attempting to pre-select voters’ choices for president and vice president.”
  • Former Maryland Lt. Gov. Kathleen Kennedy Townsend (D) said that former President George H.W. Bush plans to vote for Hillary Clinton in November. A spokesman for Bush declined to confirm or deny the story, saying, "The vote President Bush will cast as a private citizen in some 50 days will be just that: a private vote cast in some 50 days. He is not commenting on the presidential race in the interim." Trump’s campaign manager, Kellyanne Conway, told CNN that she respects “the 92-year-old former president very much and his decision … It is ironic that he would vote for the wife of the man who knocked him out of the race. But look, this was a bruising primary ... so I know there are a lot of hurt feelings there.”
  • Hillary Clinton is only visiting two battleground states this week in order to focus on her debate preparation. "Clinton has spent hours watching a highlight reel of Trump's Republican primary debates, according to several people familiar with her debate preparation. She took notes on what agitated him, particularly in his exchanges with rival Ted Cruz, and studied his style," CNN reported. Clinton also told entertainer Steve Harvey in a radio interview that she understood the debates to be “a contact sport.” She said, "I am going to do my very best to communicate as clearly and fearlessly as I can in the face of the insults and the attacks and the bullying and the bigotry that we have seen coming from my opponent."
  • In an open letter to customers of Wells Fargo, Hillary Clinton condemned the bank for opening 2 million accounts in customers’ names, including checking and savings accounts and credit cards, without their knowledge or consent. As a result, some customers were charged insufficient fund fees and annual fees for accounts they never authorized. Clinton wrote that to address "this kind of outrageous behavior," the Consumer Financial Protection Bureau must be preserved. She continued, "Executives should be held individually accountable when rampant illegal activity happens on their watch. Their compensation should take a hit if their companies pay major fines. And they must face appropriate legal consequences if they break the law."
  • Billionaire Republican donor Mike Fernandez pledged $2 million to support Hillary Clinton's campaign with a “focus on Latino outreach and registration in Florida." Fernandez backed former Gov. Jeb Bush (R-Fla.) in the Republican primary.
  • According to ABC News, the Clinton campaign is spending $143.2 million on television ads from now until November 8, encompassing 95 percent of all spending on television campaign ads. The Trump campaign is set to spend only $6.8 million.


  • In an opinion piece for The Wall Street Journal, billionaire hedge fund manager and progressive donor George Soros announced that he would invest $500 million in startups, established companies, social-impact initiatives, and businesses founded by migrants and refugees. In the piece, Soros explained his decision to invest, writing, “All of the investments we make will be owned by my nonprofit organization. They are intended to be successful—because I want to show how private capital can play a constructive role helping migrants—and any profits will go to fund programs at the Open Society Foundations, including programs that benefit migrants and refugees.”
  • Two former aides to Ron Paul’s 2012 presidential campaign were sentenced in relation to a campaign finance violation. John Tate and Jesse Benton, who were convicted in May of covering up payments to former Iowa State Senator Kent Sorenson for Sorenson’s endorsement in 2012, were sentenced to two years probation and six months of home confinement. Both men worked to support Rand Paul’s presidential campaign earlier in the 2016 cycle, and Benton has also been involved with the pro-Trump super PAC Great America PAC.
  • Jill Stein has received four payments totaling $456,000 from the Presidential Election Campaign Fund. The Washington Post noted that since President Barack Obama declined to use public financing for his presidential campaign in 2008, the fund has diminished in importance. It currently holds $315 million in cash reserves.
  • Gary Johnson raised a total of $5 million in August, more than three times the $1.6 million he raised in July. The Wall Street Journal wrote, “No Libertarian presidential candidate had raised more than $1 million in a single month dating back to at least 1996, before which digital campaign finance records aren’t available.” More than three-quarters of Johnson’s $5 million came from donations of $200 or less.
  • In his final address to the United Nations General Assembly, President Barack Obama reflected on his major foreign policy initiatives and warned about forces that are pushing back against a globalized world. He said that as problems associated with globalization have been ignored, “alternative visions of the world have pressed forward both in the wealthiest countries and in the poorest: Religious fundamentalism; the politics of ethnicity, or tribe, or sect; aggressive nationalism; a crude populism -- sometimes from the far left, but more often from the far right -- which seeks to restore what they believe was a better, simpler age free of outside contamination. … I do not believe those visions can deliver security or prosperity over the long term, but I do believe that these visions fail to recognize, at a very basic level, our common humanity. Moreover, I believe that the acceleration of travel and technology and telecommunications -- together with a global economy that depends on a global supply chain -- makes it self-defeating ultimately for those who seek to reverse this progress. Today, a nation ringed by walls would only imprison itself.” He then proposed fighting the forces that oppose globalization by creating a more equitable global economy, promoting the value of democracy, rejecting “any forms of fundamentalism, or racism, or a belief in ethnic superiority,” and increasing the “commitment to international cooperation rooted in the rights and responsibilities of nations.”
  • Two separate coalitions, one comprised of a group of states and the other by a consortium of business groups, filed lawsuits in federal court seeking to prevent implementation of a U.S. Department of Labor rule establishing new thresholds for overtime pay. The rule is scheduled to go into effect on December 1, 2016. The Labor Department finalized the rule in May 2016, after a period of open comment. Under the new rule, anyone earning up to $47,476 a year would qualify for overtime pay. The previous cutoff for overtime pay was $23,660 per year. The rule will also automatically update the salary threshold for eligibility every three years based on wage growth over time. The lawsuits allege that the rule unconstitutionally forces state, local, and private employers to pay overtime to all employees in violation of what Nevada Attorney General Adam Lexalt (R) called the “longstanding federal law” requiring “an overtime exemption for ‘bona fide executive, administrative or professional’ employees.” Regarding the lawsuits, Labor Secretary Tom Perez said, “We are confident in the legality of all aspects of our final overtime rule. It is the result of a comprehensive, inclusive rule-making process” and that the Department looked forward to “vigorously defending” the rule.

Wednesday, September 21

  • The Wall Street Journal reported that the Clinton campaign ended August with $64.8 million in cash on hand. Combined with the $84 million held by a joint fundraising committee with the Democratic Party and $41.5 million recorded by super PACs backing her campaign, Clinton and her allies closed out August with $194 million. The Trump campaign ended the month with $50 million on hand. His joint party accounts totalled $47 million while his super PACs had approximately $6 million, giving Trump and his allies a total of $103 million at the end of August. Trump, however, outraised Clinton with small donors. Twelve million of the $41.7 million that he raised in August came from donations of $200 or less. $8.4 million of the $60 million that Clinton raised in August came from donations of $200 or less.
  • In a Fox News interview, Trump responded to a question about what he would do to cut down on inner-city crime by advocating the use of stop-and-frisk, a policing technique known for its use in New York City. He said, “I would do stop-and-frisk. I think you have to. We did it in New York, it worked incredibly well. And you have to be proactive and, you know, you really help people sort of change their mind automatically. You understand. You have to have – in my opinion, I see what’s going on here, I see what’s going on in Chicago, I think stop-and-frisk, in New York City, it was so incredible, the way it worked. Now, we had a very good mayor. But New York City was incredible the way that worked. So I think that would be one step you could do.” A federal judge ruled stop-and-frisk unconstitutional in 2013. On Thursday, Trump clarified that he was talking specifically about the city of Chicago, telling Fox and Friends, “Chicago is out of control, and I was really referring to Chicago with stop-and-frisk. They asked me about Chicago, and I was talking about stop-and-frisk for Chicago.” New York City Mayor Bill de Blasio (D) criticized Trump’s comments. He said, “Donald Trump talks about stop-and-frisk like he knows the facts. He has had no experience with policing, no experience with public safety. He should really be careful because if we reinstituted stop-and-frisk all over this country, you would see a lot more tension between police and communities.”
  • In an interview in Ohio, Trump responded to a question about why he decided to announce last week that he believes Barack Obama was born in the United States, saying, “Well, I just wanted to get on with -- you know, we wanted to get on with the campaign. And a lot of people were asking me the questions. And we want to talk about jobs. We want to talk about the military. We want to talk about ISIS and how to get rid of ISIS.”
  • Adam Walinsky, a former speechwriter for Sen. Robert Kennedy, wrote an op-ed in Politico, explaining why intends to vote for Donald Trump. He said, “[T]oday’s Democrats have become the Party of War: a home for arms merchants, mercenaries, academic war planners, lobbyists for every foreign intervention, promoters of color revolutions, failed generals, exploiters of the natural resources of corrupt governments. … in all the years of the so-called War on Terror, only one potential American president has had the intelligence, the vision, the sheer sanity to see that America cannot fight the entire world at once; who sees that America’s natural and necessary allies in this fight must include the advanced and civilized nations that are most exposed and experienced in their own terror wars, and have the requisite military power and willingness to use it. … That candidate is Donald Trump.”
  • Donald Trump and Hillary Clinton have both offered reactions to the police shooting deaths of two black men, Terence Crutcher in Oklahoma and Keith Lamont Scott in North Carolina:
    • At a campaign event in Ohio, Trump commented on Crutcher’s death, saying, “I must tell you, I watched the shooting in particular in Tulsa and that man was hands up, that man went to the car -- hands up -- put his hand on the car. To me, it looked like he did everything you're supposed to do. And he looked like a really good man -- and maybe I'm a little clouded because I saw his family talking about him after the fact ... but he looked like somebody who was doing what they were asking him to do. This young officer, I don't know what she was thinking. I don't know what she was thinking, but I'm very, very troubled by that and we have to be very careful. Did she get scared? Was she choking? What happened? But people that choke, maybe they can't be doing what they're doing.”
    • Regarding rioting in the city of Charlotte that has followed the death of Scott, Trump said on Fox and Friends, “There's a lack of spirit between the white and the black. It's a terrible thing that we're witnessing. There's a lack of something. Something is going on that's bad. What's going on between police and others is getting worse. You have to have law and order. At the same time, you have to have a level of spirit, a level of unity. There's no unity. You look at the level of hatred, the rocks being thrown.” At a campaign event in Pennsylvania on Thursday, Trump said, “If you're not aware, drugs are a very, very big factor in what you're watching on television at night. … There is no compassion in tolerating lawless conduct. Crime and violence is an attack on the poor and will never be accepted in a Trump administration. Never, ever.”
      • Charlotte Mayor Jennifer Roberts responded to Trump’s comments about drugs in the Charlotte riots, saying, “I think it's presumptuous for him to make a conclusion like that without having thorough conversations with some of the folks who are here on the ground and really aware of what is going on and what the reasoning is. Several of our council members were out in the crowd last night, talking to people. I've been listening to folks. I've gotten lots of phone calls, I’ve talked to a lot of folks on the street. We have a much better understanding than Mr. Trump.”
    • Clinton addressed Crutcher’s and Scott’s deaths at a campaign event in Orlando, Florida. She said, “There is still much we don’t know about what happened in both incidents. But we do know that we have two more names to add to a list of African Americans killed by police officers in these encounters. It’s unbearable. And it needs to become intolerable.”
    • See also 2016 presidential candidates on the Black Lives Matter movement
  • At a rally in Orlando, Florida, Clinton shared her vision for an “inclusive economy that welcomes people with disabilities.” She made the following policy proposals to expand job opportunities for workers with disabilities: achieving a fair wage, increasing accessibility to higher education, launching a program called Autism Works to improve the success of workers with autism, and ratifying the United Nations Convention on the Rights of Persons with Disabilities.
  • The House Judiciary Committee held a hearing to examine whether IRS Commissioner John Koskinen’s involvement in the investigation into the IRS’ targeting of conservative groups warranted impeachment. According to The Wall Street Journal, “House GOP hard-liners say impeachment is warranted because of the destruction of evidence sought by congressional investigators and because Mr. Koskinen failed to promptly inform Congress when he learned of the destruction.” Rep. Raul Labrador (R-Idaho) said to Koskinen, “Your overall record is one of gross incompetence and extreme negligence.” He then urged Koskinen to resign. After the hearing, Koskinen defended himself, saying, “There is no evidence anywhere that I knew something I didn’t tell people about, that I falsified or misrepresented or lied.” He added that he will not resign and that moving to impeach him would deter qualified people from working for the government in the future.


Thursday, September 22

  • A group of 75 retired U.S. diplomats released a letter condemning Donald Trump. The letter, which includes signatures from former U.S. ambassadors and senior state department officials who have served under both Republican and Democratic administrations, said, “As career officers, we have served every President since Harry Truman … We have served Republican and Democratic Presidents with pride and enthusiasm. … None of us will vote for Donald J. Trump. Each of us endorses Hillary Clinton and Tim Kaine. Because the stakes in this election are so high, this is the first time many of us have publicly endorsed a candidate for President.” The letter called Trump, “entirely unqualified to serve as President and Commander-in-Chief.” Last month, 50 Republican national security officials released a letter with similar language, saying, “None of us will vote for Donald Trump.”
  • Hillary Clinton expanded her tax policy to create three new tax brackets for large estates: a 50 percent rate for estates valued above $10 million per person, a 55 percent rate for estates above $50 million per person, and a 65 percent rate for those with estates above $500 million per person. “In 2014, just 223 estates with a gross value exceeding $50 million filed taxable estate-tax returns, according to the Internal Revenue Service,” The Wall Street Journal reported.
    • Trump campaign spokesman Jason Miller responded, “It is the height of hypocrisy for Hillary Clinton to offer an even more dramatic hike in the death tax at the same time she uses exotic tax loopholes reserved for the very wealthy to exempt her Chappaqua estate.”
  • At a campaign event in Colorado, Trump’s running mate, Mike Pence, discussed recent police shootings in Oklahoma and North Carolina. He said, “Donald Trump and I believe there's been far too much of this talk of institutional bias or racism within law enforcement. That police officers are human beings. In difficult and life threatening situations, mistakes are made and people have to be held to strict account. … we ought to set aside this talk about institutional racism and institutional bias.”
  • Jill Stein wrote an op-ed in USA Today explaining why she believed she should be able to participate in the presidential debate on Monday, September 26. “The debates will ignore critical issues. I am the only candidate who does not take corporate donations or have a super PAC and therefore can represent the people. No other candidate has a plan to end the debt of Millennials, who are unable to participate in the economy because of unfair college tuition. No other candidate will bring the rule of law to Wall Street and break up big banks. High-quality health care through an improved Medicare for all is only supported by me. Only I discuss systemic racism — not only police violence and mass incarceration but also economic and environmental injustice,” she wrote.

Friday, September 23

  • Texas Sen. Ted Cruz said in a Facebook post that he will vote for Donald Trump in November, adding, “A year ago, I pledged to endorse the Republican nominee, and I am honoring that commitment. And if you don’t want to see a Hillary Clinton presidency, I encourage you to vote for [Trump].” Cruz was one of the last holdouts of the former 2016 Republican presidential candidates who had yet to publicly back Trump. Jeb Bush, John Kasich, and Lindsey Graham have still not expressed their support for the Republican nominee. In May 2016, Cruz called Trump “a pathological liar,” “utterly amoral,” “a narcissist,” and a “serial philanderer.” At the Republican National Convention in July, Cruz delivered a speech in which he called on delegates “to vote their conscience in November” but did not make an endorsement. In his Facebook post, Cruz cited two reasons for his decision to back Trump: first, a pledge he made last year to support the Republican nominee and, second, Hillary Clinton. “Even though I have had areas of significant disagreement with our nominee, by any measure Hillary Clinton is wholly unacceptable — that’s why I have always been #NeverHillary,” wrote Cruz. He also listed six policy areas that informed his decision: the Supreme Court, Obamacare, energy, immigration, national security, and internet freedom. Cruz had taken criticism from other Republicans for refusing to support Trump, particularly from Rep. Michael McCaul (R-Texas), who some speculate could mount a primary challenge to Cruz in 2018. Earlier this week, McCaul said, “I think what [Cruz] did at the convention turned off a lot of people. I mean, he pledged to support [Trump]. He broke his word.”
  • Federal judge James Boasberg ordered the State Department to produce approximately 1,050 pages of emails discovered during the FBI’s investigation into Clinton’s private email server in three batches on October 7, October 21, and November 4, 2016. Afterward, thousands more pages will be released on a monthly basis in batches of 500 pages. Tom Fitton, president of Judicial Watch, the organization that brought the lawsuit seeking the release of these documents, criticized the schedule, saying that “the American people could be deprived of this information at this essential time” leading up to the presidential election. Attorneys from the State Department said that up to 50 percent of the discovered work-related emails could be duplicates already disclosed.
  • The Clinton campaign released a new ad focused on Donald Trump’s negative comments about women, nationally and in the battleground states of Ohio, New Hampshire, Iowa, Florida, Nevada, North Carolina, and Pennsylvania. The clip, “Mirrors,” features girls looking into mirrors as Trump calls different women “fat” and “ugly” and states in an interview that he “can’t say” he treats women with respect.

Congressional Legislation

This week on Capitol Hill, members of Congress ...

Monday, September 19

Wednesday, September 21

  • The Senate rejected a motion to block a $1.15 billion arms sale to Saudi Arabia by a vote of 71-27. Sixty votes against the motion were needed to move forward. Supporters of SJRes 39—Sens. Rand Paul (R-Ky.), Chris Murphy (D-Conn.), Mike Lee (R-Utah), and Al Franken (D-Minn.)—are concerned that Saudi Arabia will use the tanks and other equipment in missions to kill civilians.

Thursday, September 22

  • The House passed HR 5931—the Prohibiting Future Ransom Payments to Iran Act—by a vote of 254-163. The legislation proposes declaring “that it shall be the policy of the U.S. government not to pay ransom or release prisoners for the purpose of securing the release of U.S. citizens taken hostage abroad.” The bill would also prohibit the U.S. government from making cash payments to Iran until the president certifies that Iran is not a state sponsor of terrorism. The legislation is a response to the Obama administration using a $400 million cash payment as leverage to ensure that Iran released four Americans who were being held there as prisoners.

 

Congress is IN session SCOTUS is NOT in session
Both the U.S. Senate and the U.S. House will be in session Monday-Friday next week. 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

Congress is expected to hold a vote to override President Barack Obama's veto of S 2040—the Justice Against Sponsors of Terrorism Act—sometime next week.

Saturday, September 24

  • Former fictional advisors to fictional president Jed Bartlet (D)—played by Martin Sheen— will stump for Hillary Clinton. Toby Ziegler, C.J. Cregg, Josh Lyman, and Charlie Young—the fictional aides played by Richard Schiff, Allison Janney, Bradley Whitford, and Dule Hill on The West Wing—are set to appear in a number of Ohio cities to speak on behalf of the Democratic nominee.

Monday, September 26

Tuesday, September 27

  • The United States Court of Appeals for the District of Columbia will hear arguments over the Clean Power Plan. The case was handed down to the D.C. Court after the Supreme Court delayed the implementation of the plan in February 2016. The plan is being challenged by a group of 27 states and over 60 utility and energy companies. A total of 18 states and other groups filed "friend of the court" briefings supporting the plan. In an unusual move, the CPP will be reviewed by the full en banc court, as opposed to a panel of three judges. Ten of the 11 judges will hear the case; Judge Merrick Garland, a current Supreme Court nominee, will recuse himself. Arguments are expected to center around whether the EPA has the authority to regulate emissions from power plants under section 111(d) of the Clean Air Act.
    • The Clean Power Plan, also known as the Environmental Protection Agency's (EPA’s) 111(d) rule, is a regulation that would expand the scope of the Clean Air Act to reduce carbon dioxide (CO2) emissions through limitations on emissions from power plants. The rule is designed to reduce CO2 emissions from the utility power sector by 32 percent by 2030 (from 2005 emission levels) with state-specific goals that reflect the types of power plants in the state and the federally mandated performance rates for those power plants. It is the first time the EPA has regulated CO2 emissions from existing power plants. States are required to obtain approval from the EPA for plans to achieve the emissions goals set by the agency. The plan was first proposed by the EPA in June 2014, and the final version was announced by President Obama on August 3, 2015, as part of his plan to combat climate change. The plan is controversial as many people disagree about the estimated costs and benefits of the plan, including its effects on jobs and the economy, human health, and the environment, the cost and reliability of electricity, and climate change. Supporters called the plan meaningful action to combat climate change. Critics argued that the plan is too costly for the purported benefits to the climate and environment. Other critics said that climate change is not an issue at all, or not an issue that the federal government should be addressing.

Friday, September 30

 

Where was the president last week? Federal judiciary
President Barack Obama was in New York, NY, on Tuesday and Wednesday for meetings, including a final meeting with Israeli Prime Minister Benjamin Netanyahu before Obama leaves office.  
  • 100 total federal judicial vacancies
  • 62 pending nominations
  • 14 future vacancies

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

State and Local

Highlights

Local

In Tennessee, the Nashville Metro Council voted to decriminalize marijuana possession by a vote of 35-3. Council members Steve Glover, Sheri Weiner, and Doug Pardue were the dissenters. The city legislation allows police officers to impose lesser civil penalties on individuals caught with small amounts of marijuana. Individuals in possession of one-half of an ounce or less of marijuana can be given a $50 fine or 10 hours of community service. The city legislation will go to Mayor Megan Barry (D), who has said she will sign the legislation into law. Proponents argue that the legislation will work within the confines of state law and remove non-criminal cases from overburdened criminal courts. Opponents argue that civil court proceedings are harder to expunge from public record and that allowing police to decide which punishment to assign offenders could create two standards of justice. Nashville is the second-largest city in Tennessee and the 25th-largest city in the U.S. by population.

  • In March 2016, Tampa Mayor Bob Buckhorn (D) in Florida signed an ordinance to decriminalize the possession of 20 grams or less of marijuana. Police officers will impose fines between $75 to $450 instead of arresting offenders. The Tampa City Council voted 5-1 to enact the ordinance. Council member Charlie Miranda was the only person to vote against the ordinance, which will be put into effect in April or May 2016. Tampa is the third-largest city in Florida and the 53rd-largest city in the United States.

State

On Monday, September 19, California Governor Jerry Brown (D) signed a bill regulating flatulence from dairy cows and other animals, mandating a reduction in hydrofluorocarbons (HFCs, which are organic compounds used in refrigeration and aerosol), and requiring a reduction in soot at landfills. Under the new law, the California Air Resources Board is allowed to regulate bovine flatulence if there are “practical ways to reduce the cows’ belching and breaking wind.” The law is designed to get California to reduce the state’s methane emissions by 40 percent before the year 2030. Methane is a colorless, odorless, flammable, naturally occurring gas that is emitted from natural and human-made sources, including wildfires, volcanoes, livestock cultivation, and natural gas extraction. To justify the new law, Brown cited the theory of human-made climate change and the role that greenhouse gases such as methane may contribute to global warming. Additionally, the law would require a 50 percent reduction of HFCs by the year 2030. Supporters of the bill, including environmental groups, have argued that the law would help reduce pollution that harms human health. Opponents of the bill, including agricultural groups, have argued that the law would force dairy farms to close or move out of state, causing job losses.

 

State

The Week in Review

Ballot measures update

  • In 2016, 165 measures across 35 states have been certified for the ballot, and all but eight of those will be decided during the November election.
    • Seventy-four of the 165 measures certified this year are citizen initiatives. That is more than double the 35 citizen initiatives certified in 2014; in fact, this year features more citizen initiatives on the ballot than in any year since 2006. Low turnout in the 2014 elections likely contributed to more citizen initiatives being proposed and certified, as fewer total votes cast in 2014 led to a reduced petition signature burden in 2016 in many states.
    • By this time in 2014, the last statewide ballot measure had been certified for the ballot, with a total of 158 measures—including legislative referrals. No more certifications are likely to occur for the 2016 ballot.
  • The seventh and last pre-November ballot measure election occurred in Florida on August 30; voters approved Amendment 4, the only measure on the ballot.
  • Ballotpedia has coverage of ballot measures going back to 1777.

Sunday, September 18

  • Maryland officials announced that they would miss their October 1, 2016, deadline for adopting statewide fracking regulations. The deadline was set in 2015 when the state legislature passed a bill that extended a moratorium against fracking until October 1, 2017, and required the Department of the Environment to adopt fracking regulations in 2016. Draft regulations have been released, and state officials have said that the final regulations will be adopted later this fall. Supporters of fracking in the state said the delay was not concerning and that it would lead to better regulations. Opponents of fracking in the state said the delay could mean weaker regulations, adding that they believe the delay strengthens the case for a statewide ban on fracking. Josh Tulkin, director of the Maryland Chapter of the Sierra Club, said, "If they don't have enough capacity to write the regulations, how can we believe they'll have enough capacity to effectively implement all the safeguards?" Once the final version of the regulations is released, there will be a 30-day comment period.
  • Iowa State Senator Joe Seng (D-45) was announced to have died of brain cancer. Seng was diagnosed in August 2014 and continued to serve until the end of the 2016 session. Seng was known for maintaining a good rapport with fellow senators on both sides of the aisle. He also ran a veterinary practice and had operated restaurants and other businesses. Seng had also been known to play his accordion in the chamber. A special election, scheduled for December 27, 2016, is required to replace Seng. Including Seng, six of the past seven senators to represent District 45 were Democrats. According to the Des Moines Register and the Quad-City Times, the district is still Democratic and will likely elect another Democrat. His seat was not up for re-election until 2018. Iowa’s state government is currently divided, having a Republican governor and House but a Democratic Senate.

Monday, September 19

  • A federal judge ordered state officials in Texas to comply with the terms of a temporary agreement regarding the state's voter identification law. In July, the United States Court of Appeals for the 5th Circuit ruled that Texas' voter ID law violated Section 2 of the Voting Rights Act. In August, state officials and the law's opponents reached an agreement on how best to remedy the law in light of this ruling. Under the terms of the agreement, the list of acceptable forms of voter identification expanded to include non-photo identification. In early September, however, the federal government filed a motion in federal district court to enforce the agreement, arguing that state officials were misconstruing the terms of the agreement in voter education materials and imposing a harsher standard. Federal judge Nelva Gonzales Ramos agreed and ordered state officials to comply with the agreement and amend their voter education materials accordingly.
  • The American Civil Liberties Union (ACLU) filed a lawsuit against Colorado’s Medicaid program for denying coverage of a class of costly but effective drugs for treating patients with hepatitis C. Like many other state Medicaid programs, the agency restricts coverage of the drugs to enrollees with at least moderate liver damage. The drugs in this class, called Direct Acting Antiviral medications or DAAs, have a cure rate of 90 percent or above, but cost tens of thousands of dollars per person. The ACLU argues that denying coverage of these drugs to Medicaid patients is illegal and seeks a permanent injunction against the policy. The state Medicaid agency said its policy is “reasonable” and that some hepatitis C patients never reach advanced liver damage. Since the introduction of DAAs in 2013, Colorado’s Medicaid program has approved coverage of the drug for 413 people at a cost of $35.8 million. About 14,400 Medicaid enrollees in the state have hepatitis C. The lawsuit is one of at least six that have been filed against state Medicaid agencies across the country, challenging similar policies.
  • Ohio House Speaker Cliff Rosenberger (R) announced state Rep. Jeffrey McClain’s (R-87) resignation from the state House. McClain is resigning to take a position as director of tax and economic policy for the Ohio Chamber of Commerce. His resignation is effective October 2. The vacant seat is expected to be filled by appointment before the legislature’s lame duck session begins on November 15. Wes Goodman (R) is running unopposed in the November general election for McClain’s seat. Ohio is one of 23 Republican trifectas, meaning that the Republican Party has control over the governorship, the state House, and the state Senate.
  • In March 2016, Pennsylvania state Rep. Leslie Acosta (D-197) pleaded guilty to federal felony charges related to an embezzlement scheme involving her former boss at a mental health clinic. Acosta’s conviction remained secret until September 16, 2016, when the Philadelphia Inquirer reported on it. The Pennsylvania House Democratic caucus announced on Monday that state Rep. Acosta was taking a leave of absence from the state House. Acosta is running unopposed in the November general election. She will not be sentenced until January 2017. U.S. Rep. Robert Brady (D) has called on Acosta to resign. Pennsylvania currently has a divided government, having a Democratic governor (Tom Wolf) but a Republican-controlled House and Senate.
  • Opening arguments began in the trial against Bridget Anne Kelly—former aide to New Jersey Governor Chris Christie (R)—and Bill Baroni, the former deputy executive director of the Port Authority of New York and New Jersey. Kelly and Baroni were indicted on nine charges in April 2015 over allegations that the two conspired with former Port Authority executive David Wildstein to purposely create traffic jams on the George Washington Bridge. The traffic jams were allegedly intended as retaliation against the mayor of Fort Lee, New Jersey, for declining to endorse Christie's 2013 re-election bid. Wildstein pleaded guilty to charges of conspiracy to commit fraud in January 2015 and is the prosecution's star witness against Kelly and Baroni.
    • Both the prosecution and defense have alleged that Governor Christie became aware of the lane closures on the third day they were in effect and that he helped to shield those who instigated them from subsequent investigations in order to protect his 2016 presidential aspirations. No physical evidence linking Christie to the closures has emerged; the governor has consistently maintained that he was not aware of the closures until months after the fact. New Jersey currently has a divided government: Democrats hold majorities both chambers of the state legislature. Christie is term-limited and ineligible to run for re-election in 2017.

Tuesday, September 20

  • Economic forecasters told Colorado lawmakers to expect a deficit in this fiscal year’s budget. Legislative economists forecast a $330 million deficit, while the governor’s office predicts $227 million. Governor John Hickenlooper (D) must submit a budget to the General Assembly by November 1. The governor’s office expects “$117 million in additional revenue for the next budget year, which is short of what is needed to fund necessary obligations.” According to budget director Henry Sobanet, Hickenlooper has not decided if he will propose spending cuts or a reduction of the state’s required reserve, which is currently 6.5 percent.
  • The Connecticut Supreme Court agreed to hear the state’s appeal of a ruling from Superior Court Judge Thomas Moukawsher that ordered an overhaul of the public education system. The Connecticut Supreme Court also issued a stay of Moukawsher’s order, which called for changes to school funding, graduation requirements, special education, and teacher evaluations. Moukawsher gave the state six months to make the changes; with the stay, that timeline no longer applies. The court did not set a date for the hearing.
    • The lawsuit was originally filed 11 years ago by the Connecticut Coalition for Justice in Education Funding, which argued that, in violation of the state constitution, the state was funding schools inequitably and students were not receiving an adequate education. A lower court had dismissed the claim that the constitution guaranteed an adequate public education to children. The coalition appealed the dismissal to the Connecticut Supreme Court, which overturned the decision and sent the case back through the lower courts for consideration. After multiple delays, the trial began on January 12, 2016, leading to Moukawsher’s September 7 decision.
  • West Virginia Superintendent of Schools Michael Martirano announced his resignation, to take effect on June 30, 2017. "With the prolonged illness of my wife and her eventual death, I now find myself being both a dad and mom to my three children who reside in Maryland," he wrote in the announcement. His wife, Silvana, was found in the water off the coast of Maryland in May 2016; her death was later ruled a suicide. Martirano was appointed to the nonpartisan position by the West Virginia Board of Education in July 2014; he was sworn into office on September 15, 2014. The superintendent said his notice was intended to give the Board of Education sufficient time to conduct a search for a permanent replacement. West Virginia currently has a divided government: Democrats hold the governorship while Republicans control both chambers of the state legislature.

Wednesday, September 21

  • Sarah Capp (R) was named the replacement candidate for District 82 of the Arkansas House of Representatives at a GOP convention after incumbent Bill Gossage (R) resigned. Since Capp was named less than 76 days before the general election, Gossage will stay on the ballot and his votes will be counted for Capp. Gossage is unopposed in the general election. Arkansas is one of 23 Republican trifectas, meaning that the Republican Party has control over the governorship, the state House, and the state Senate.

Thursday, September 22

  • The Kentucky Supreme Court ruled that Governor Matt Bevin (R) did not have the authority to control the budgets of public colleges and universities without the legislature’s approval. Bevin had previously ordered a 2 percent cut in university funding, which amounted to $18 million, in the middle of the fiscal year to address the state’s pension crisis. Attorney General Andy Beshear (D) challenged this action in court, arguing Bevin did not have that authority. Franklin Circuit Court Judge Thomas Wingate ruled in favor of Bevin, finding that the state higher education system is part of the executive branch and therefore their funding falls under the governor’s executive powers. Wingate also ordered the $18 million be held in a separate account until the matter was settled. Beshear appealed the ruling directly to the state’s supreme court, bypassing the court of appeals.
    • This was the third time Beshear had sued Bevin over alleged breaches of power. Beshear previously filed two lawsuits against Bevin earlier this year, both times over a June 17 executive order issued by Bevin that abolished and recreated the boards of trustees for the Kentucky Retirement Systems and the University of Louisville. Both lawsuits are still in progress. Franklin County Circuit Judge Phillip Shepherd has approved temporary injunctions in both cases, ruling that Bevin could reorganize the boards but could not remove any board members pending final court decisions.
    • Since assuming office in December 2015, Bevin has also repeatedly clashed with Beshear's father, former Governor Steve Beshear (D), whom Bevin succeeded. The two have frequently traded barbs in public addresses. Kentucky currently has a divided government: Republicans control the governorship and the state Senate while Democrats hold a six-seat majority in the state House, which Ballotpedia has identified as one of 20 battleground chambers in the 2016 elections.

 

What’s On Tap Next Week

Wednesday, September 28

  • Texas state Rep. Laura Thompson (I-120) is expected in district court over a ballot dispute. Currently, the District 120 race in the November general election will be between Thompson and Democrat Barbara Gervin-Hawkins. Bexar County Democrats are suing to remove Thompson from the ballot for failing to collect enough valid signatures. Party Chairman Manuel Medina said that Thompson only had 482 valid signatures, which is short of the 500 required by state law. State officials declared in July 2016 that Thompson did not have enough valid signatures, but that was reversed on September 8 after Thompson appealed the ruling. Thompson was first elected to District 120 in a special election on August 2.

 

State government in session

All states whose initials appear in red or blue in the list below 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. Two states—New Jersey and Pennsylvania—are in regular session; Ohio is in a skeleton (non-voting) session. Massachusetts is in an informal 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.
  • Informal session: In an informal session, no attendance is taken and only a few members attend the session. These sessions address day-to-day business and non-controversial bills. The bills do not require debate or a roll-call vote, and they must be passed unanimously. If one member objects, the measure is blocked.

Two states are in recess:

  • MI until 10/18
  • CA until 11/30

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

State government special elections

As of this week, 47 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 10 (not including runoff elections) have been scheduled in seven 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

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 27 city elections, 28 states with local judicial elections, 304 school board elections, and 162 local ballot measures in California. Ballotpedia will be covering all of the approximately 450 local California measures on the ballot in November.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Saturday, September 17

  • In Butte County, California, a recall election for two Paradise Irrigation District board members was scheduled for January 24, 2017. The recall targets Division 3 board member Larry Duncan and District 4 board member Sep Carola. A third board member, Ken Hunt, would have been included in the recall attempt, but he is already up for re-election in November 2016. Recall supporters said they did not take issue with the remaining board members and are seeking the recalls due to the board's allegedly poor money management and poor communication with its constituents. The recall petition stated that the board's financial mismanagement drove the district close to bankruptcy. Recall proponents needed to collect 3,203 valid signatures for each official to schedule a recall election. There were 4,231 signatures on Duncan's petition and 4,157 signatures on Carola's. The county certified the signatures in September 2016.

Monday, September 19

  • In Charlotte, North Carolina, Mayor Jennifer Roberts (D) announced that the city would not repeal its nondiscrimination ordinance. Republican legislative leaders stated they would repeal the Public Facilities Privacy & Security Act (HB2) if the city repeals its ordinance. Local business leaders have blamed the state law for recent economic damage to the city and state. Since the adoption of HB2, the NBA All-Star game and the championship games of both the Atlantic Coast Conference and NCAA have been pulled from Charlotte. Several business conferences and high-profile concerts have also canceled events in the city. The Charlotte Chamber of Commerce and the North Carolina Restaurant & Lodging Association expressed disappointment in the city’s decision, citing concerns of further economic damage. The legality of Roberts’ decision, however, was supported by the city attorney, who issued a memo stating that a repeal of the city's ordinance was not necessary for a repeal of the state law. The decision was also supported by state Attorney General Roy Cooper, who is running as the Democratic nominee in the November 2016 gubernatorial election against incumbent Gov. Pat McCrory (R). Gov. McCrory and Republican legislative leaders accused Mayor Roberts of “playing politics” and condemned the decision. Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.
    • The complicated relationship between Charlotte’s nondiscrimination ordinance and HB2 began in February 2016.
      • The ordinance was passed by the Charlotte City Council in February 2016 by a 7-4 vote. It expanded nondiscrimination protections for LGBT people in the city and allowed transgender individuals to use the bathroom of the gender with which they identify.
      • The ordinance was nullified before it could take effect when the North Carolina State Legislature passed HB2. The bill was drafted in response to Charlotte’s city ordinance and prohibits transgender individuals from using a bathroom that does not match their gender at birth. HB2 was signed into law by Gov. McCrory in March 2016.
  • A Miami neighborhood was declared free of the Zika virus by Florida Gov. Rick Scott (R). The Zika Zone designation was lifted from Miami’s Wynwood neighborhood, and Scott urged tourists to return to the area. Federal health officials, however, warned pregnant women and their partners to avoid any travel to Miami-Dade County. The Centers for Disease Control and Prevention (CDC) acknowledged the economic impact such travel bans can cause and announced that it would modify its travel warning directly after Scott’s press conference. On September 16, 2016, the Miami Herald filed a lawsuit against Miami-Dade County seeking the release of five locations where Zika-carrying mosquitoes had been identified since August 2016. Only one of the locations has been made public by the county. As of September 19, 2016, 219 cases of Zika were reported in Miami-Dade. Miami is the second-largest city in Florida and the 44th-largest city in the U.S. by population.
  • Teachers in Yuba City, California, returned to school following a seven-day strike. After a year of compensation negotiations, teachers in the Yuba City Unified School District went on the strike starting on September 8, 2016, after the Yuba City Teachers Association rejected the district's most recent compensation offer. The union requested a 13 percent pay increase for teachers in order to bring compensation levels closer to the state's average. The average teacher salary for the district during the 2014-2015 school year was $64,165, while the average for the state during that school year was $74,090.

Tuesday, September 20

  • Sacramento Mayor Kevin Johnson (D) is pursuing police oversight reforms after footage of the deadly shooting of Joseph Mann was made public. Mann, a mentally ill black man, was killed while running from police officers on July 11, 2016. Witnesses reported that Mann was armed, but no weapons have been found. The Sacramento Police Department released footage of the incident immediately following the release of surveillance footage obtained by the The Sacramento Bee. City council members reviewed the tapes during a closed session, and Johnson vowed to pursue a set of police oversight reforms during the public portion of the meeting. The Mann family has filed a federal civil rights lawsuit against the city, charging that officers “confronted and aggressively pursued” Mann when they should have worked to calm and subdue him. Phil McPhail, spokesman for the police department, said the department’s use of force policy is in line with state law. Sacramento is the sixth-largest city in California and the 35th-largest city in the U.S. by population.
  • Arkansas held general elections for 10 school board seats in six of the state’s largest school districts. A runoff election would have been held on October 11, 2016, if a candidate in any district did not receive a majority of the vote. The winners of all 10 seats were determined outright in the general election, and no districts will hold runoff elections. The six districts served 85,040 K-12 students during the 2012-2013 school year, which was 14.79 percent of all public school students in the state.
  • The Texas Tribune reported that the Travis County district attorney’s office would not file charges against Texas Agriculture Commissioner Sid Miller (R) for using state and campaign funds to pay for two personal trips. Miller had been the subject of a criminal investigation since April 2016 for misusing funds for a trip to a Mississippi rodeo and a trip to Oklahoma to obtain a rare injection called the “Jesus shot,” which reportedly alleviates chronic pain. The district attorney’s office stated that it would be difficult to prove criminal intent and that Miller had reimbursed the state for the two trips.

Wednesday, September 21

  • In Charlotte, North Carolina, a state of emergency was declared after the shooting of Keith Lamont Scott sparked violence and protests. Gov. Pat McCrory (R) called the National Guard to the city as protesters continued to attack reporters and civilians, break windows, and set fires. These violent incidents sprang out of a peaceful prayer vigil held at the condominium complex where Scott was killed by police officers on September 20, 2016. A group splintered from the prayer vigil and marched downtown, where a protester was critically injured. Charlotte police said that they did not fire on the man and the cause of his injuries remains unknown. Mayor Jennifer Roberts (D) and Charlotte-Mecklenburg Police Chief Kerr Putney called for calm. African American leaders representing the Scott family simultaneously held a press conference reminding citizens of other shootings and abuses of black men. The shooting of Scott came on the heels of the shooting of Terence Crutcher, an unarmed black man, by police in Tulsa, Oklahoma. President Barack Obama (D) called both city mayors to obtain updates on the protests and to offer “assistance as needed.” Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.
  • In Pennsylvania, Philadelphia Mayor James Kenney (D) condemned a state bill that would punish the city for its sanctuary status. Sanctuary cities are cities with policies limiting cooperation with the U.S. Immigrations and Customs (ICE) agency. The bill, sponsored by state representative Martina White (R-170), passed through committee on September 20, 2016, and will head to the full Pennsylvania House of Representatives. The bill would open the city to lawsuits for damages that result from crimes committed by people living in the country illegally. The bill will be withdrawn if the city discontinues its sanctuary city policies. The majority of sanctuary cities, identified and tracked by ICE, are located in California. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
    • In Austin, the election for Travis County sheriff will determine whether the city becomes the first sanctuary city in Texas. Democratic candidate Constable Sally Hernandez, who is favored to win the race, has pledged to reduce the county’s cooperation with ICE if she wins. The county would no longer hold inmates on ICE detainers, which are civil requests to hold potentially deportable prisoners who would otherwise be free to leave. According to ICE, Austin—the state’s capital and the largest city in Travis County—would become a sanctuary city under Hernandez’s proposed policy change. The Republican candidate, Joe Martinez, favors cooperating with ICE but has said he would only hold the worst offenders on civil detainers. Republican legislators have voiced opposition to Hernandez’s plan. Sen. Charles Perry (R-Lubbock) announced plans to introduce legislation that would strip sanctuary cities of state funding. Previous legislative attempts to ban or censure sanctuary cities in Texas have failed. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
  • In response to a spike in local and national violent crime rates, Chicago Mayor Rahm Emanuel (D) announced plans to hire nearly 1,000 additional police officers. The two-year hiring process will begin in January 2017 when an additional 100 recruits will be enrolled in the police academy each month. Emanuel has not announced a funding plan, but he vowed not to raise taxes to fund the expansion. It is estimated that the additional police officers will cost about $135 million annually, which increases to $175 million once the officers reach their fifth year of service. The police department will hire beat officers, detectives, and supervisors in an effort to decrease violent crime rates and increase “clearance rates”—the number of murder cases solved. Emanuel also pledged more resources for creating educational opportunities for and mentoring at-risk youth. Critics have questioned Emanuel’s ability to fund his proposal and have asked why current police officers could not be moved from safer areas into more crime-ridden sections of the city. Emanuel and police superintendent Eddie Johnson cited support for the plan, including the police union, multiple city aldermen, and crime expert James Alan Fox of Northeastern University in Boston. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
    • In September 2016, the San Jose City Council voted 10-1 to declare a state of emergency over police staffing shortages. The declaration was backed by the San Jose Police Officers Association and Mayor Sam Liccardo (D). Beginning September 11, 2016, Police Chief Eddie Garcia received the power to reassign 47 officers from special duties such as investigations to fill vacancies as police officers. The San Jose Police Department estimated that 348 shifts are regularly filled by voluntary and mandatory overtime because of staffing shortages. San Jose is the third-largest city in California and the 10th-largest city in the U.S. by population.

Thursday, September 22

  • In California, Contra Costa County Superior Court Judge Barry Goode ruled that school districts cannot mandate the use of student test scores in teacher evaluations. The case was Doe v. Antioch, a suit brought against the state by the Bay Area group Students Matter in July 2015. The lawsuit challenged the use of teacher contracts that exclude standardized test scores as factors in teacher evaluations. Students Matter argued that the contracts violate California's 1971 Stull Act, which requires school districts to evaluate teachers in a manner that relates to student performance. The suit aimed to force 13 California school districts to make standardized test scores part of teacher evaluations. Judge Goode concluded that all of the school districts in question were meeting their legal obligations. Teachers unions supported Goode’s ruling, arguing that standardized test scores do not factor in the effect of poverty on student learning and achievement. Students Matter supporters expressed disappointment at the ruling and stated that teacher evaluations should, in part, measure whether or not students have learned and are considering an appeal.
    • In 2012, Students Matter won a suit against the Los Angeles Unified School District (LAUSD). Under the settlement, student test scores were required to become part of teacher evaluations. The LAUSD is the largest school district in California and the second-largest school district in the U.S. The district served 653,826 students during the 2013-2014 school year, which was approximately 10 percent of all California public school students.

 


 

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