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The Tap: Monday, April 11, 2016

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Review of the day

The excerpts below were compiled from issue #12 of The Tap, which was published on April 18, 2016. READ THE FULL VERSION HERE.

Federal

  • CIA Director John Brennan told NBC News that he will not use waterboarding and other "enhanced interrogation" practices, even if a future president orders him to do so. Brennan said, "I will not agree to carry out some of these tactics and techniques I've heard bandied about because this institution needs to endure. … Absolutely, I would not agree to having any CIA officer carrying out waterboarding again." Donald Trump said that he would use the practice as president. Ted Cruz said he would "not bring it [waterboarding] back in any sort of widespread use," but he would "use whatever enhanced interrogation methods to keep this country safe." In January 2009, President Barack Obama banned "enhanced interrogation" practices used on 9/11 terrorist suspects with an executive order.
  • The Democracy Alliance, a progressive network of wealthy donors, held its spring investment conference. According to Politico, the conference partially focused on "harnessing the power of Hollywood and the entertainment industry as a tool in the culture wars." David Brock—of the groups Correct the Record, American Bridge 21st Century, and Media Matters for America—spoke to the conference. He told the group that his organizations have performed extensive opposition research concerning Donald Trump: "American Bridge is building a database of all the regular people — from unpaid vendors to harassed tenants to defrauded students at Trump University — who got screwed over for one reason only. They took Trump at his word."
  • President Obama signed S 1180 - the Integrated Public Alert and Warning System Modernization Act of 2015 into law. The legislation “requires FEMA to modernize and implement the Integrated Public Alert and Warning System (IPAWS) to help ensure that Federal, State, tribal, and local governments can alert the public in areas endangered by natural disasters, acts of terrorism, and other threats to public safety,” according to a White House press release. It is the 28th piece of legislation he has signed in 2016.
  • The U.S Senate confirmed the nomination of Waverly D. Crenshaw Jr. to a seat on the United States District Court for the Middle District of Tennessee. With Judge Crenshaw’s confirmation, approved by a Senate vote of 92-0, there are no outstanding judicial vacancies on the Middle District bench. He is the 17th judge confirmed during the 114th Congress. Judge Crenshaw succeeds Judge William Haynes, who assumed senior status on December 1, 2014. There are currently 85 federal court vacancies.
  • FILING DEADLINE: North Dakota’s congressional filing deadline. North Dakota has one U.S. Senate seat and one U.S. House seat up for election in 2016. The Senate seat is currently held by John Hoeven (R), and the House seat is held by Kevin Cramer (R). Both incumbents are seeking re-election, and neither will face a primary opponent in June. In the general election, Hoeven will face State Rep. Eliot Glassheim (D), and Cramer will face American Indian activist Chase Iron Eyes (D). Ballotpedia rates both races as safely Republican.

State

  • On Monday, April 11, New Jersey Governor Chris Christie appointed attorney Walter F. Timpone, a Democrat, to the New Jersey Supreme Court, ending six years of standoff between the governor and the state Senate over the supreme court seat, which has stood vacant since 2010. There are seven New Jersey Supreme Court justices; they are appointed by the governor and must be confirmed by the state Senate. They serve seven-year terms and may be reappointed through age 70. Christie had previously tried twice to nominate Republican David Bauman to the court, but the Senate Judiciary Committee refused to bring either of his nominations to a hearing. There is a long-standing tradition of partisan balance on the court, and Democratic Senate President Stephen Sweeney says that appointing Bauman would have taken the court to a 5-2 Republican majority, counting Justice Jaynee LaVecchia, registered as “unaffiliated,” as a Republican because she was nominated by Governor Christine Todd Whitman (R). The six-year stalemate could be the longest vacancy on the court in modern times.
  • The U.S. Securities and Exchange Commission (SEC) filed a civil claim of securities fraud against Texas Attorney General Ken Paxton (R) in federal court. The charges allege that Paxton misled five investors to buy $840,000 worth of stock in Severgy Inc., a technology company, without disclosing compensation he received from the sale in the form of 100,000 shares of company stock. Paxton told the SEC that the shares were meant as a gift rather than compensation. In July 2015, Paxton was also indicted on three felony charges in Collin County related to the same case; he has pleaded not guilty and is awaiting trial.

Click here to read more about the charges against Attorney General Ken Paxton »

  • Kentucky Attorney General Andy Beshear (D) filed a civil suit against Governor Matt Bevin (R), claiming that recent budget cuts made by Bevin violate the Kentucky Constitution's distribution of powers article. Bevin had announced $41 million in cuts to state colleges and universities on April 1, which took effect immediately. Beshear called the move "illegal" and has asked the court to order the governor to release the funds. Since his election in 2015, Bevin has proposed significant budget cuts in funding for state agencies in order to address the state pension fund's $30 billion in unfunded liabilities. "We cannot move forward unless we address the crippling debt that faces this state," the governor said in his 2016 State of the State address in January. Bevin is the first Republican governor in Kentucky since 2007. Kentucky has a divided government: Democrats have a six-seat majority in the House. All 100 seats in the House are up for election in 2016. If Republicans win control of the House, they will gain trifecta control of the state.
  • The Pennsylvania Judicial Retirement Age Increase Amendment, which would increase the mandatory retirement age of judges from 70 to 75, was pushed to the general election ballot on November 8, 2016, despite also appearing on some ballots this month according to state lawmakers original decision. The Pennsylvania Senate approved SR 321, a resolution to change the ballot language for the amendment and disregard votes cast for the measure on the primary election day, April 26, 2016. The Pennsylvania House of Representatives passed a similar resolution on April 6, 2016. The delay came following a legal challenge by Pennsylvania Senate Republicans that sought a change to the wording of the ballot question. Republican challengers argued that the 69-word ballot question included confusing wording regarding the Supreme Court and magisterial district judges, as well as an unclear description of the current mandatory retirement age. The Pennsylvania Supreme Court rejected the Republicans’ request to reword the ballot question. The ruling, however, explicitly refrained from prohibiting GOP leaders and other state lawmakers from reaching an agreement outside of court regarding the ballot question wording and election date, as they did with SR 321. Supporters of delaying the election date also argued that there would be higher voter turnout at the general election than at the primary. Opponents of the delay argued that advertising the amendment for the primary election cost the state about $1.3 million, a cost that will now have to be repeated before the election in November. Measures concerning the age of judges are also slated to appear before voters in Oregon and Alabama.
  • The Maryland General Assembly adjourned its regular session. The General Assembly meets in regular session for 90 days every year. Maryland is one of 20 states under divided government. Democrats control the Senate by 19 and the House by 41 seats, while Republicans control the governor’s office. All three offices will not be up for election again until November 6, 2018.
  • Filing Deadline: North Dakota
    • North Dakota is one of 23 states with a Republican trifecta.
    • State legislatures: North Dakota has 23 state Senate and 46 state House seats up for election in 2016. There are sizable Republican majorities in both chambers. The legislative chambers have a significant increase in the number of districts where both major party candidates are fielding candidates in the general election. Just 8.7 percent of seats have only one major party candidate. This compares to 33.3 percent in 2014, 17.3percent in 2012, and 22.2 percent in 2010.
    • State executives: Three Republicans filed to run in the 2016 gubernatorial election despite Attorney General Wayne Stenehjem (R) winning the party nomination at the state convention earlier this month. Wealthy businessman Doug Burgum (R) and political activist Paul Sorum (R) will challenge Stenehjem, who had a significant lead in a February 2016 poll, in the June 14 primary contest. The winner will face State Rep. Marvin Nelson (D) in the November 8 general election. Six other offices are up for election, including treasurer, auditor, and lieutenant governor, which is elected on a joint ticket with the governor.
    • State judiciary: Two candidates have filed to run for one North Dakota Supreme Court seat. Judge Jerod Tufte and Robert V. Bolinske Sr. will face each other for the seat of Justice Dale Sandstrom, who is not running for re-election. Justice Lisa Fair McEvers is running unopposed for re-election to her seat on the court. North Dakota Supreme Court elections are nonpartisan.
  • The Iowa House of Representatives passed a bill to fund water quality projects in the state through 2029. The plan would devote $478 million in existing funds from the state’s special infrastructure fund and water use tax to water quality projects. The Republican-held House voted 63-33 in favor of the measure. Republicans have argued that the plan would help improve the state’s waterways without raising taxes. Several Democrats have proposed increasing the state sales tax by three-eighths of a cent to raise revenue for a water quality fund. The measure will go to the Democratically-held Senate, where the Democratic leadership is expected offer its own water quality plan. Water quality regulation is an ongoing environmental issues in the state; higher agriculture production since the 1950s has resulted in higher levels of nitrates in Iowa’s major rivers.
  • While campaigning in New York this week, Bernie Sanders came out strongly against fracking by calling for a nationwide ban on the oil and gas extraction process and promising to push to end the practice worldwide. Fracking has been banned in New York since August 2015. Additionally, Vermont, Sanders' home state, was the first to ban fracking in the United States. Sanders' move put Hillary Clinton on the defensive. Clinton, who has previously supported fracking, has moved further left on the issue as the Sanders campaign has called her out for supporting fracking. Since her campaign began, she has gone from supporting fracking to calling for regulations. She said, "By the time we get through all of my conditions, I do not think there will be many places in America where fracking will continue to take place."
  • A bill introduced in the Ohio House of Representatives by Representative John Becker (R) seeks to change Ohio campaign finance laws and introduce electronic filing for county and local candidates by 2019. The bill, HB 502, would round the maximum contribution limit allowed by law to the nearest $100. In addition, the law would exempt candidates who receive less than $2,000 in contributions from reporting requirements. The bill would also eliminate the need for detailed reporting of any contribution or expenditure less than $100. For a comparison of major campaign finance laws by state, see this article.

Local

  • FILING DEADLINE: Deadline passed to run for six school board seats across North Dakota’s two largest school districts. The general election for these districts will be on June 14, 2016. The state’s largest school district, Bismarck Public Schools, has two of its five seats up for election this year and served 12,012 students during the 2013-2014 school year.

Preview of the day

The excerpts below were compiled from issue #11 of The Tap, which was published on April 11, 2016. READ THE FULL VERSION HERE.

Federal

State

  • The Maryland General Assembly is expected to adjourn its regular session. The general assembly meets in regular session for 90 days every year. Maryland is one of 20 states under divided government. Democrats control the Senate by 19 and the House by 41 seats, while Republicans control the governor’s office. All three offices will not be up for election again until November 6, 2018.
  • FILING DEADLINE: North Dakota
    • North Dakota is one of 23 states with a Republican trifecta.
    • State legislatures: North Dakota has 23 state Senate and 46 state House seats up for election in 2016. There are sizable Republican majorities in both chambers.
    • State executives: Seven seats are up for election in 2016 including a joint-ticket, open election for governor and lieutenant governor. Top contender Attorney General Wayne Stenehjem (R) won the Republican nomination at the convention last weekend; however, wealthy businessman Doug Burgum (R), who lags significantly in polls, plans to run in the June 14 primary contest regardless. (In North Dakota, the winner of the nomination receives the endorsement of the party but may still face challengers on the primary ballot.) The winner will compete in November with state Rep. Marvin Nelson (D), the only Democrat to declare; Nelson secured the Democratic nomination at the convention on April 1. If Stenehjem wins the general election, one of his first acts as governor will be appointing his own replacement for attorney general. The race is currently rated “Likely Republican.”
    • State courts: Two seats on North Dakota's Supreme Court are up for nonpartisan election in November. Incumbents Dale Sandstrom and Lisa Fair McEvers are running for re-election to serve 10-year terms.

Local

  • FILING DEADLINE: Deadline to run for six school board seats across North Dakota’s two largest school districts. The general election for these districts will be on June 14, 2016. The state’s largest school district, Bismarck Public Schools, has two of its five seats up for election this year and served 12,012 students during the 2013–2014 school year.