The Tap: National Republicans split on successor to Tom Price

April 1, 2017Issue No. 59

The week in review: March 25 - March 31
What's on Tap next week: April 1 - April 7

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Federal

What's on tap?

On Friday, former Speaker of the House and Georgia's 6th District Rep. from 1979 to 1999 Newt Gingrich spoke with Ballotpedia's Federal Desk Editor Sarah Rosier about the 6th District special election in Georgia and his endorsement of candidate Judson Hill.

See: Ballotpedia interview: Newt Gingrich on the Georgia special election

This race is one Ballotpedia is watching closely. Although it is normally a safe Republican district, polling and spending in the district indicates a competitive race. The election will replace Tom Price (R), who was confirmed as U.S. secretary of health and human services. Prior to his cabinet appointment, Price represented the 6th District from 2004 to 2017. Two interesting angles have emerged in recent weeks - 1) which Republican candidate might emerge from the crop of 11 to advance to the runoff; 2) Will there even be a runoff, if Democratic candidate Jon Ossoff is able to coalesce enough support to break 50 percent in the primary?

Among the Republican frontrunners is former Georgia Secretary of State Karen Handel who also spoke with Rosier on Friday. For the full audio of her thoughts on the state of the campaign, click here.

In the coming weeks, Ballotpedia will continue compiling the endorsements, money, and attention flooding this race. We will also be interviewing other campaigns and reaching out for comments from the candidates.

 

Federal

The Week in Review

Saturday, March 25

• Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012, in 34 states. Collectively, Trump won these Pivot Counties by more than 580,000 votes, and had an average margin of victory of 11.45 percent. Of these 206 counties, Iowa had 31, the most of any state. These 31 counties contained 26.11 percent of the state’s population. To read more about the Pivot Counties in Iowa, click here.

Monday, March 27

Kushner to direct newly-created Office of American Innovation

• President Donald Trump announced the creation of the White House Office of American Innovation (OAI) to “make recommendations to the President on policies and plans that improve Government operations and services, improve the quality of life for Americans now and in the future, and spur job creation” using private sector solutions. White House senior adviser Jared Kushner will head the OAI.

Sessions warns that sanctuary jurisdictions will lose federal funding if they violate federal immigration law

• Attorney General Jeff Sessions announced that sanctuary jurisdictions would lose federal funding if they did not comply with 8 U.S.C. § 1373, which governs communications between government agencies and immigration services. He noted that any jurisdiction applying for a Department of Justice grant would have to certify compliance with this law. "The Department of Justice will also take all lawful steps to claw-back any funds awarded to a jurisdiction that willfully violates Section 1373," Sessions added.
  • See also: Federal policy on immigration, 2017-2020

Rep. Tim Walz announces run for governor

• U.S. Rep Tim Walz (MN-01) announced that he would be running for governor in 2018 rather than seeking re-election to his U.S. House seat. Minnesota’s 1st Congressional District is expected to be a battleground in 2018. Walz narrowly won re-election in 2016, defeating challenger Jim Hagedorn (R) by a margin of less than one percent. Hagedorn has already announced that he will be running for the seat again in 2018. Walz is the second member of Congress to announce a gubernatorial bid in 2018.
  • Because Republicans currently hold majorities in both chambers of the state legislature, a 2018 gubernatorial victory would give them a trifecta in the state. In January 2017, Governing rated the Minnesota gubernatorial race as potentially vulnerable for the Democratic Party. Other Democrats who have already announced intentions to run in this race include the mayor of St. Paul (the state’s second-largest city), a state representative, and the state auditor.

House Intelligence Committee leadership split over Russia investigation

• Last Wednesday, House Intelligence Committee Chair Devin Nunes (R-Calif.) told reporters that the communications of President Donald Trump and his associates might have been collected after the election during legal surveillance of other targets. A spokesperson for Nunes said that Nunes received this information during a meeting with a source on White House grounds.
  • Following this report, Adam Schiff (D-Calif.), the ranking member of the House Intelligence Committee, called on Nunes to recuse himself from the investigation into Russian interference in the 2016 presidential election. He said in a statement, "After much consideration, and in light of the Chairman's admission that he met with his source of information at the White House, I believe that the Chairman should recuse himself from any further involvement in the Russia investigation, as well as any involvement in oversight of matters pertaining to any incidental collection of the Trump transition, as he was also a key member of the transition team." Schiff also noted that no committee members had seen relevant documents pertaining to Nunes' claim.
  • On Tuesday morning, Nunes said that he would not resign. "It's the same thing as always around this place—a lot of politics, people get heated, but I'm not going to involve myself with that," he said.
  • See also: Federal policy on Russia, 2017-2020

Judiciary Committee vote on Gorsuch moved to April 3

• A Senate Judiciary Committee vote on Neil Gorsuch’s nomination, originally scheduled for Monday, was held over until Monday, April 3. Section I, Rule 3 of the committee's rules for the 115th United States Congress states, "at the request of any member, or by action of the Chairman, a bill, matter, or nomination on the agenda of the Committee may be held over until the next meeting of the Committee or for one week, whichever occurs later." According to the committee chair, Sen. Chuck Grassley (R-Iowa), members of the minority requested holding over the committee vote. The Senate's last day of business before a scheduled two-week recess is April 7, and Senate majority leader Mitch McConnell (R-Ky.) has said that the Senate will vote on Gorsuch's nomination before the recess. Senate Democratic leader Chuck Schumer (D-N.Y.) indicated that Democrats in the Senate will filibuster the nomination. The U.S. Supreme Court will hold its final, two-week argument sitting of this term beginning on April 17, 2017. If Gorsuch is not confirmed by the beginning of that session, it is expected that he would first join the court for arguments at the start of the court's next term beginning Monday, October 2, 2017.

SCOTUS hears argument in four cases

• The U.S. Supreme Court heard arguments in four cases, with three arguments consolidated into one 60-minute argument session.
• The court heard consolidated arguments in Advocate Health Care v. Stapleton, St. Peter's Healthcare v. Kaplan, and Dignity Health v. Rollins. These cases addressed provisions under the Employee Retirement Income Security Act (ERISA). ERISA provides exemptions from certain requirements for retirement plans established and maintained by a church (church plans). Subsequent provisions in the law extend ERISA's exemptions to church plans maintained by church-affiliated organizations. In three separate cases, three-judge panels of the Third Circuit Court of Appeals (Kaplan), the Seventh Circuit Court of Appeals (Advocate), and the Ninth Circuit Court of Appeals (Rollins) rejected arguments that ERISA's exemptions apply, however, to plans that were both established and maintained by church-affiliated organizations.
• The court also heard arguments in TC Heartland v. Kraft Foods. In this case, the court reviewed two competing federal laws governing venue selection in patent infringement cases. TC Heartland alleged, under one law, that the suit filed against them by Kraft must be filed in a federal court in Indiana, the state where TC Heartland is incorporated. Kraft argued that, under a different law, because TC Heartland has business activities that infringed on Kraft’s patents in Delaware, where Kraft filed the lawsuit, the court in Delaware has jurisdiction.

Tuesday, March 28

SCOTUS hears argument in deportation case

• The U.S. Supreme Court heard arguments in Lee v. United States on Tuesday. Pursuant to pleading guilty to possession of ecstasy with intent to distribute, in violation of 21 U.S.C. §841(a)(1), Jae Lee was subject to deportation. Lee moved to vacate his sentence. Lee claimed that he only pleaded guilty because his attorney told him he would not be subject to deportation, which was in error. Lee based his appeal on the Sixth Amendment's requirement that defendants be afforded the effective assistance of counsel. On appeal before the Sixth Circuit Court of Appeals, however, the court found that Lee failed to demonstrate the requisite prejudice in order to sustain such a claim, consistent with that circuit's precedent in Pilla v. United States. The circuit panel, however, noted inconsistency among the federal circuit courts on how claims similar to Lee's are adjudicated.

SCOTUS rules in death penalty case

• The U.S. Supreme Court vacated and remanded the judgment of the Texas Court of Criminal Appeals on Tuesday in Moore v. Texas, a death penalty case. In an opinion by Justice Ruth Bader Ginsburg, a five-justice majority held that the Texas court failed to use the appropriate standards for determining intellectual disability when it ruled that Bobby James Moore had sufficient intellectual capacity to be executed. The Texas court relied on standards to determine capacity stemming from that court's 1992 opinion in Ex parte Briseno. The Supreme Court held that these standards, which did not incorporate the medical community's diagnostic framework and had departed from established medical practice, were in violation of the Eighth Amendment as interpreted by the U.S. Supreme Court's precedents in Atkins v. Virginia and Hall v. Florida. As a result, Moore's death sentence was removed and his case was returned to the Texas courts where he will be resentenced in consideration of the Supreme Court's opinion. Chief Justice John Roberts filed a dissenting opinion which was joined by Justices Clarence Thomas and Samuel Alito.

Trump signs executive order to repeal the Clean Power Plan

• President Trump signed an executive order directing the Environmental Protection Agency (EPA) to consider formally repealing the Clean Power Plan, a federal rule finalized in 2015 by the Obama administration mandating reductions in carbon dioxide and similar emissions from existing oil, coal, and natural gas-fired power plants. The rule is aimed at reducing emissions that may contribute to potentially human-caused global warming. Additionally, Trump's executive order lifted the U.S. Department of the Interior's 2016 moratorium on new coal mine leases on federal land. Trump said that the executive order is aimed at ending the war on coal, a term used by opponents of the Obama administration's climate and energy regulations, which they argue will lead to the closure of coal-fired power plants and eliminate jobs in the coal industry.
  • Opponents of the Clean Power Plan argue that the rule would lead to higher energy prices and fewer jobs and would have no meaningful effect on rising global temperatures associated with global warming.
  • Proponents of the plan argue that the rule is necessary to reduce coal, oil, and natural gas use, which they argue contributes to potentially human-caused global warming, and would require the U.S. energy system to use wind and solar energy.
• In 2016, a Ballotpedia fact check looked into Kentucky Rep. Jim Gooch's claim that the EPA had admitted the Clean Power Plan would have no measurable effect on global carbon dioxide emissions. We found this claim to be false. Former EPA Administrator Gina McCarthy did acknowledge that the Clean Power Plan and other EPA policies alone would not impact key climate change indicators, such as ocean temperatures, amount of snow pack, and wildfire frequency. But this is not the same as showing no difference in global carbon dioxide emission rates. The EPA's Regulatory Impact Analysis estimated a carbon dioxide emissions reduction of 415 million short tons annually by 2030.

Senate votes to admit Montenegro to NATO

• The Senate approved a treaty to allow Montenegro to become a North Atlantic Treaty Organization (NATO) member by a vote of 97-2. Sens. Rand Paul (R-Ky.) and Mike Lee (R-Utah) were the only senators to vote against the treaty. While Paul and Lee said that alliance with Montenegro would not advance national security interests and would be an added cost to taxpayers, senators who voted in favor said that the alliance would send a message to Russia that NATO members will not tolerate their attempts to increase their influence in Eastern Europe. After the vote, Senator Jeanne Shaheen (D-N.H.) said, "With a nearly unanimous vote, the Senate has sent a clear message that it stands firmly with Montenegro and against the Kremlin's bullying." In order for Montenegro to become a NATO member, all NATO members would have to approve their membership. Spain is the only member who has yet to approve Montenegro's membership.
  • See also: Federal policy on NATO, 2017-2020

House votes to rescind FCC internet privacy rules

• The House approved legislation to rescind federal rules that establish what internet service providers (ISP) can do with customer data. The bill cleared the House 215-205. The rules, adopted by the Federal Communications Commission in December 2016 and slated to take effect this year, require ISPs to obtain consent from customers before using or sharing certain data (e.g., browsing history, app usage, etc.). Senator Jeff Flake (R-Ariz.), who introduced the bill in the Senate, said, "Passing my resolution is the first step toward restoring a consumer-friendly approach to internet privacy regulation that empowers consumers to make informed choices on if and how their data can be shared." Jon Leibowitz, co-chair of 21st Century Privacy Coalition, an ISP industry group, criticized the 2016 FCC rules, saying, "The FCC didn't embrace a technology-neutral framework for privacy. It instead set out an overbroad definition of sensitive data that doesn't apply to non-ISPs collecting as much or more personal data online." Meanwhile, House Minority Leader Nancy Pelosi (D-Calif.) voted against the bill: "Overwhelmingly, the American people do not agree with Republicans that this information should be sold, and it certainly should not be sold without your permission. Our broadband providers know deeply personal information about us and our families." Neema Singh Giuliani, legislative counsel for the ACLU, called on President Trump to veto the legislation: "It is extremely disappointing that Congress is sacrificing the privacy rights of Americans in the interest of protecting the profits of major internet companies including Comcast, AT&T, and Verizon."
  • See also: Technology, privacy, and cybersecurity policy under the Trump administration

Wednesday, March 29

SCOTUS concludes its March sitting

• The U.S. Supreme Court concluded its March sitting with arguments in three cases on Wednesday. Arguments in two cases were consolidated into one 60-minute argument session. The court has one final two-week argument sitting beginning on Monday, April 17.
• The court heard consolidated arguments in Overton v. United States and Turner v. United States. The defendants in this case were convicted of several charges related to the murder of a woman in Washington, D.C. Years later, evidence surfaced that the defendants alleged was required to be presented during discovery, but which prosecutors withheld. The men sought to vacate their convictions but a lower court judge denied the defendants' motions and an appellate panel of the District of Columbia Court of Appeals affirmed. The defendants petitioned the U.S. Supreme Court for relief, arguing that the prosecutors' failure to disclose certain evidence was in violation of the Supreme Court's ruling in Brady v. Maryland.
• The court also heard arguments in Honeycutt v. United States. At sentencing for his convictions for his role in a drug conspiracy under 21 U.S.C. §853, a federal district court declined to order forfeiture of proceeds from the defendant, arguing that the defendant never personally benefited from the proceeds of the conspiracy. The government appealed, and a three-judge panel of the United States Court of Appeals for the 6th Circuit reversed, holding the district court erred in declining to order forfeiture. The circuit court held that federal law can require forfeiture of proceeds obtained in a drug conspiracy from any of the co-conspirators even if not all of the conspirators directly or indirectly obtained any proceeds from the conspiracy. In legal terms, the panel held that joint and several liability applied to forfeiture of proceeds obtained in violation of 21 U.S.C. §853.

SCOTUS rules in case on commercial speech

• The U.S. Supreme Court vacated and remanded the judgment of the Second Circuit Court of Appeals on Wednesday in Expressions Hair Design v. Schneiderman. Each time a customer uses a credit card for payment, a merchant must pay a fee to the credit card issuer. Merchants often use different prices to offset paying the fees, either by offering a discount for cash purchases or by imposing a surcharge for credit card purchases. New York, through Section 518 of its general business law, prohibits imposing surcharges on credit card purchases. In an opinion by Chief Justice Roberts, the court said that Section 518 should be reviewed as a regulation of speech because the law regulated how merchants could communicate their prices. The court sent the case back to the Second Circuit to consider whether Section 518 can survive a legal test known as strict scrutiny, which applies to speech regulations. For any government regulation to pass strict scrutiny, the government must prove that the regulation (1) advances a compelling government interest and (2) regulates no more than is necessary to advance that interest. Justice Stephen Breyer wrote an opinion concurring in the judgment only, meaning that he agreed with the outcome of the case but for additional or different reasons. Justice Sonia Sotomayor authored an opinion concurring in the judgment only, which was joined by Justice Samuel Alito.

Senate Intelligence Committee leadership discusses Russia investigation

• Senate Intelligence Committee Chair Richard Burr (R-N.C.) and Ranking Member Mark Warner (D-Va.) held a joint news conference to discuss the future of the committee's investigation into Russian interference in the 2016 presidential election. They announced that there were at least 20 witnesses they expected to interview. While Burr and Warner acknowledged that White House senior adviser Jared Kushner and former Trump campaign chair Paul Manafort had volunteered to testify, they said that they had not yet scheduled those interviews. Warner emphasized that the committee's efforts would not be compromised by partisanship. "I have confidence in Richard Burr that we together with the members of our committee are going to get to the bottom of this, and that's—if you get nothing else from today, take that statement to the bank," he said.

Ivanka Trump officially joins White House staff

• Ivanka Trump has joined White House staff as an unpaid assistant to the president. Last week, it was reported that she had secured an office in the West Wing and would advise her father in an unofficial capacity. “I have heard the concerns some have with my advising the president in my personal capacity while voluntarily complying with all ethics rules, and I will instead serve as an unpaid employee in the White House Office, subject to all of the same rules as other federal employees,” Ivanka Trump said in a statement.

Trump establishes committee on opioid abuse

• President Donald Trump issued an executive order to establish a committee on drug abuse and opioid abuse. He held a listening session at the White House to discuss the issue with Education Secretary Betsy DeVos, Veterans Affairs Secretary David Shulkin, Attorney General Jeff Sessions and Homeland Security Secretary John Kelly. New Jersey Gov. Chris Christie, who also attended the sessions, is expected to lead the task force on opioid abuse.

House passes a bill requiring public availability of science used in EPA decisions

• By a vote of 228 to 194, the U.S. House of Representatives passed HR 1430 requiring the Environmental Protection Agency (EPA) to make publicly available all scientific and technical information used for an agency action, including regulations and regulatory impact analyses. The bill would prohibit the EPA from proposing, finalizing, or releasing covered agency actions until the information and data used as a basis for the action be available for outside analysis.
  • Proponents of the bill argue that the bill would promote transparency and lead to more sound scientific conclusions by allowing the science behind EPA regulations to undergo scientific review by independent experts.
  • Opponents of the bill argue that the bill would undermine the EPA's ability to issue needed regulations based on publicly unavailable science and allow outside groups to block policies based on credible and unreleased science.

Hawaii federal judge extends block against revised executive order

• U.S. District Court Judge Derrick Watson extended his block of the implementation of the executive order issued by President Donald Trump on March 6, 2017. Watson granted Hawaii’s request to convert the temporary restraining order into a preliminary injunction, writing that the plaintiffs “met their burden of establishing a strong likelihood of success” on their claims. The injunction will maintain indefinitely a block against federal implementation of Section 2 and Section 6 of the executive order while the case works its way through the courts. Section 2 of the order suspended for 90 days entry into the United States of individuals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, while Section 6 suspended refugee admissions to the United States for 120 days. Hawaii argued that the order amounted to religious discrimination and would harm the state if implemented, while the federal government argued that the president acted within his authority over immigration policy in issuing the executive order.
  • Read more about the executive order and related actions and reactions here.

Thursday, March 30

Pence casts tie-breaking vote on measure related to federal funding for abortion providers

• The Senate voted to advance a measure allowing states to withhold federal funding for family planning from Planned Parenthood and other healthcare providers that perform abortions. Under an Obama-era regulation, states could not exclude a healthcare provider from receiving Title X funding for family planning and related services, like cervical cancer screenings, because it also provided abortion services. Vice President Mike Pence cast the tie-breaking vote to revoke the rule. The measure will now proceed to the White House for President Donald Trump’s signature.
  • See also: Federal policy on abortion, 2017-2020 and Tie-breaking votes cast by vice presidents in the Senate

House passes a bill revising membership requirements for EPA science board

• By a vote of 229 to 193, the U.S. House of Representatives passed HR 1431 revising membership requirements for the Environmental Protection Agency's (EPA) Science Advisory Board, which reviews the technical and scientific research that serves as the basis for the agency's rules and regulations. The bill would require 10 percent of the board be made up of representatives from state and local governments and that the board be balanced in terms of members' scientific and technical points of view. Additionally, the bill would allow individuals with potential interests in the board's activities to serve on the board as long as they have relevant and substantial expertise and their membership is publicly disclosed. The bill was referred to the U.S. Senate Committee on the Environment and Public Works on March 30.
  • Proponents of the bill argue that it would allow for more representation among industries or state and local governments that may be affected by EPA activities.
  • Opponents of the bill argue that it would undermine objective scientific research by allowing more influence from oil, coal, and natural gas industry representatives.

Senate Agriculture Committee approves Sonny Perdue nomination

• The U.S. Senate Committee on Agriculture, Nutrition and Forestry advanced the nomination of former Georgia Gov. Sonny Perdue (R) as Secretary of Agriculture to the full Senate for a vote. The committee voted 19-1 to advance Perdue's nomination. Sen. Kirsten Gillibrand (D-N.Y.) was the sole vote against Perdue's nomination. Sen. David Perdue (R-Ga.), Sonny Perdue's cousin, abstained from voting.

Trump administration seeks minor changes to NAFTA

• A draft proposal from the White House to Congress indicates that the Trump administration is seeking to make minor changes to the North American Free Trade Agreement (NAFTA) and leave most of the trade agreement intact. The proposal would leave the arbitration system, a process allowing international investors to sue member nations in private tribunals, in place, and includes heightened enforcement of intellectual property rights and digital trade regulations. Proposed changes include a recommendation to allow a member nation to institute tariffs if the nation finds excessive imports threaten domestic industries.
  • Before and during his 2016 presidential campaign, Trump was critical of NAFTA. In a speech on September 27, 2015, Trump called the agreement “a disaster,” and said that the United States, “will either renegotiate it or we will break it because you know every agreement has an end.” After his election, Trump pledged to "announce my intention to renegotiate NAFTA or withdraw from the deal under Article 2205,” the article of NAFTA that allows parties to modify the agreement with consent of other members or withdraw after six months notice.

Trump lumps House Freedom Caucus and Democrats together

• Following the failure of House Republicans to pass a bill to repeal and replace the Affordable Care Act in March 2017, President Trump expressed frustration with the members of the House Freedom Caucus on Twitter, lumping the group's members in with Democrats as potential targets for the 2018 election cycle. Caucus members Justin Amash (R-Mich.) and Thomas Massie (R-W.Va.) responded to Trump's comments on Twitter by stating that the healthcare legislation did not fulfill the president's campaign promise to drain the swamp.

Trump deputy chief of staff resigns

• Katie Walsh, deputy chief of staff for the Trump administration, resigned her position to join America First Policies, a 501(c)(4) organization supportive of Trump’s political priorities, as a senior advisor. Walsh joined the administration after the inauguration and worked closely with chief of staff Reince Priebus. Like Priebus, Walsh previously worked with the Republican National Committee, first as the finance director and then as chief of staff.

Labor secretary nominee Alexander Acosta clears committee

• Alexander Acosta, President Donald Trump’s nominee for secretary of labor, was approved by the Health, Education, Labor, and Pensions Committee in a 12-11 vote along party lines. A final confirmation vote in the Senate has not been scheduled. Acosta was nominated on February 16 after Trump's first pick for the position, Andrew Puzder, withdrew from consideration.

Two Democratic senators announce support for Neil Gorsuch

• Democratic senators Heidi Heitkamp (N.D.) and Joe Manchin (W.Va.) indicated their intention to vote to confirm Neil Gorsuch to the U.S. Supreme Court. This brings the number of senators intending to vote for Gorsuch to 54. Heitkamp and Manchin, who are both up for re-election in 2018 in states that Donald Trump won in the 2016 presidential election, are the first Democratic senators to state their intention to vote to confirm Gorsuch. Democratic leader Chuck Schumer (N.Y.) announced his party’s intention to filibuster the nomination should the Senate Judiciary Committee vote to report the nomination to the full Senate. A committee vote to report the nomination is scheduled for Monday, April 3. Under current Senate rules, another six Democratic senators would need to vote in favor of ending debate on the nomination to get past an expected filibuster; once debate ends, only a simple majority of senators would be needed to confirm the nominee.

To find out where your senator stands on confirming Gorsuch, read our whip count.

Friday, March 31

Murphy to take senior status

• Harold Murphy, a judge on the United States District Court for the Northern District of Georgia, elected to take senior status on Friday. Judge Murphy’s decision created an Article III vacancy on the court. To enter into an Article III position, a judge must be nominated by the president. Nominations are then subject to the advice and consent of the U.S. Senate. Under current law, the court has 11 active judicial posts. Judge Murphy’s decision will create a second vacancy on the court. Murphy’s decision also created the 135th current vacancy on federal courts to which judges must be nominated by the president and confirmed by the Senate.

Weekly Women & Trump 150 Index results

Below is the analysis provided to Ballotpedia by SRG on this week's results.

• The WT150 indices for the week ending March 31, 2017, reflect a second week of fallout from the failure of President Trump and the House Republicans to garner enough support for a vote on the AHCA bill. Most notably, there were drops in feelings of hope and empowerment among high-intensity female Trump supporters, down to 6.74 (-1.3%) and 6.42 (-2.3%), respectively.
• Overall satisfaction for President Trump also suffered a slight decline from 6.79 to 6.72, a .07% drop from last week. Congress' approval numbers saw an even sharper drop from the previous week to an all-time low, down .48 to 2.32, or -17.1%.
• Respondents in the panel expressed the most displeasure with Trump's performance in connection with the healthcare reform process, stating their disappointment in him for "being too patient with Paul Ryan," "keeping Ryan in office," and generally for not fulfilling his promise to repeal and replace Obamacare.

See also: Ballotpedia and SRG: Women & Trump 150 Index

 

Congress is IN session	SCOTUS is NOT in session
The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Monday-Thursday.	The U.S. Supreme Court is in recess and will next hear arguments during its final two-week argument session of the current term beginning Monday, April 17. It is expected the court will continue to issue orders and opinions during the session break.

What’s On Tap Next Week

Monday, April 3

Senate Judiciary Committee to vote on Gorsuch’s nomination

• After some members exercised a committee rule to delay by one week a vote on whether to report the nomination of Neil Gorsuch, the Senate Judiciary Committee will meet to debate and vote on the nomination. Gorsuch was nominated by President Donald Trump to be an associate justice on the U.S. Supreme Court. If a majority of the committee votes to report the nomination, the nomination will proceed to the full U.S. Senate for a possible vote on confirmation. There are 11 Republicans and nine Democrats on the committee. The Senate's last day of business before a scheduled two-week recess is Friday, April 7, and Senate majority leader Mitch McConnell (R-Ky.) has said that the Senate will vote on Gorsuch's nomination before the recess. Senate Democratic leader Chuck Schumer (D-N.Y.) indicated that Democrats in the Senate will filibuster the nomination.

Tuesday, April 4

First congressional special election primary to occur

• The first congressional special election primary of the season will take place in California’s 34th District. California’s 34th District is almost entirely contained in the city of Los Angeles. The election will replace Xavier Becerra (D), who was appointed as California's attorney general on January 24, 2017. Twenty-three candidates will compete in the top-two primary: 19 Democrats, one Republican, and three others. If no candidate receives over 50 percent of the vote, a runoff will occur on June 6, 2017. California’s 34th District is one of the most Democratic districts in the country, with just nine percent of registered voters being Republicans. The last two general election races have been contests between two Democrats. This is the first time the seat has been open since Becerra originally won election in 1992.
  • Several candidates in the race have received high-profile endorsements. Assemblyman Jimmy Gomez has much of the establishment support, receiving endorsements from the California Democratic Party and former Rep. Xavier Becerra. Former Bernie Sanders aide Arturo Carmona has been endorsed by the National Nurses Union, which also endorsed Sanders in the 2016 presidential race. Urban planner Maria Cabildo received the endorsement of The Los Angeles Times.

 

Where was the president last week?	Federal judiciary
President Donald Trump remained largely in Washington, D.C. last week. On Thursday, he met with Prime Minister Lars Lokke Rasmussen from Denmark at the White House.	135 total federal judicial vacancies 2 pending nominations 12 future vacancies

Back to top for State and Local updates

State and Local

Highlights

State

• On Thursday, March 30, North Carolina Gov. Roy Cooper (D) signed a law repealing House Bill 2 (HB2), the 2016 transgender bathroom use law. The law required transgender individuals in public facilities to use the bathroom that corresponded to the gender listed on their birth certificate. In addition to repealing the bathroom portion of the bill, the new law also places a moratorium on local nondiscrimination laws through 2020. Advocates for the legislation repealing HB2 argued that the moratorium is necessary so that existing lawsuits over anti-discrimination ordinances can be decided. A representative from the Human Rights Campaign was critical of the new bill, saying it leaves LGBT individuals without protections at the state level and prevents local governments from giving them protection for a number of years. North Carolina is currently one of 19 states under divided government. In 2016, it was a Republican trifecta.
  • House Bill 2 was originally passed in March 2016 as a response to the Charlotte City Council approving an ordinance in February 2016 that would have allowed transgender people to use the bathroom of their choosing based on the gender with which they identify. Before the local LGBT ordinance could go into effect on April 1, 2016, legislators in the General Assembly of North Carolina called a one-day special session on March 23, 2016, to address the issue. House Bill 2 and House Bill 142 are examples of preemption, or a state government superseding a local government’s policy. To read more about this and other types of preemption conflicts around the country, click here.

Local

• On Wednesday, March 29, leaders in the city of Seattle announced they will file a lawsuit challenging the Trump administration’s plan to withhold federal dollars from communities classified as sanctuary cities. The suit will be filed in the U.S. District Court for the Western District of Washington. The announcement, made by Mayor Ed Murray (D) and City Attorney Pete Holmes, came days after U.S. Attorney General Jeff Sessions said he would withhold community policing grants from sanctuary cities. Seattle’s suit argues that the federal government cannot coerce action from local police departments by withholding funding and that Seattle does not collect information on immigrants living in the country illegally. If this information were to be requested, city officials argue they would not be able to provide it, making Seattle’s decision not to cooperate with federal Immigrations and Customs Enforcement legal. In a press conference, Murray said the president’s executive order was unconstitutional. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
  • Lawmakers in Travis County, Texas, also joined a lawsuit to block the executive order on sanctuary cities. Travis County commissioners voted 4-1 to support a lawsuit with 34 other cities and counties across the country. Commissioner Gerald Daughtery was the dissenting vote. The lawsuit, begun in January 2017, claims that President Trump’s executive order is unconstitutional. Travis County Judge Sarah Eckhardt argued that the order violates states’ rights. Texas Governor Greg Abbott (R) supports the Trump administration’s order and rescinded $1.5 million in grants to various Travis County programs. This move may be related to County Sheriff Sally Hernandez’s (D) preference to continue limited cooperation with ICE. The county seat of Travis County is Austin. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
  • Click here to read Ballotpedia’s coverage of sanctuary policy preemption conflicts between the federal government and local governments across the United States.

 

State

The Week in Review

Ballot Measures Update

2017

• So far, five statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, and Ohio—one citizen initiated measure, three legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Moreover, voters in Puerto Rico will decide a referendum on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots.
• No new measures were certified for the 2017 ballot last week.
• The next signature filing deadline for citizen initiatives in 2017 is in Ohio on July 5.
• By this time in 2013, one measure had been certified for the 2013 ballot; by this time in 2015, five measures had been certified for the 2015 ballot.
• Two indirect initiatives—one addressing casinos and one addressing Medicaid expansion under the ACA—were certified as valid and sufficient and sent to the legislature in Maine; they will go before voters if the legislature does not approve them unaltered.

2018

• Fourteen measures are certified to appear on statewide ballots in 2018 so far—five citizen initiated measures, eight legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots.
• Two new measures were certified for 2018 ballots last week.
• By this time in 2013, 10 measures had been certified for the 2014 ballot; by this time in 2015, 12 measures had been certified for the 2016 ballot.

Saturday, March 25

Louisiana Judicial Elections

• Two seats on the Louisiana Circuit Courts of Appeal were up for election. Three Republican candidates competed for the Third Circuit seat of James Genovese (R), who was elected to the Louisiana Supreme Court in 2016. Two Democratic candidates also faced off to succeed the retired Dennis Bagneris (D) on the Fourth Circuit. Another seat was up for election, but Allison H. Penzato (R) won the seat automatically after being the only candidate to file. She will succeed the retired Ernest Drake on the First Circuit.
  • Candyce Perret (R) and Susan Theall (R) advanced to the runoff for the Third Circuit seat. Meanwhile, Paula Brown (D) won the Fourth Circuit seat.
  • One other seat on these courts will be up for election later in 2017. Judge Paul Bonin was elected to a local judgeship in 2016, so an election will be held to decide his successor.

Louisiana Special Elections

• A trio of special elections took place for seats in the Louisiana House of Representatives. If any candidate in a race won more than 50 percent of the vote, they won election. Otherwise, the top two vote-getters would advance to a runoff election on April 29, 2017. Republicans were guaranteed to pick up one seat in the election, as a race for a Democratically-held seat featured only Republican candidates.
  • The District 8 seat became vacant following Mike Johnson's (R) election to the U.S. House in 2016. Raymond Crews (R) and Robbie Gatti Jr. (R) advanced to the runoff over Patrick Harrington (R) and Michael "Duke" Lowrie (R) in the special election.
  • The District 42 seat became vacant following Jack Montoucet's (D) appointment as the new secretary of the Louisiana Department of Wildlife and Fisheries by Gov. John Bel Edwards (D). John Stefanski (R) defeated Jay Suire (R) in the special election. No Democrats filed for the seat. The District 42 seat was the first state legislative seat to switch parties as a result of a special election in 2017.
  • The District 92 seat became vacant following Tom Willmott's (R) election to the Kenner City Council. Joe Stagni (R) defeated Chuck Toney (D) and Gisela Chevalier (R) in the special election.

Utah Governor Signs Abortion Legislation

• Utah Gov. Gary R. Herbert (R) signed a bill into law that will require doctors to inform women that medication-induced abortions can be stopped after taking one of the two pills. The American Congress of Obstetricians and Gynecologists, however, says that there is no medically-accepted evidence that the process can be interrupted. Arkansas, Arizona, and South Dakota have all passed similar legislation in recent years. The Arizona law was repealed after Planned Parenthood filed a lawsuit against it. Utah is currently one of 25 Republican trifectas.

Monday, March 27

Iowa Legislature Approves Workers’ Comp Changes

• The Iowa State Senate voted 29-21 along party lines to approve legislation that changes a number of factors in the state’s workers’ compensation laws. Since it was already approved by the state House, the bill now goes to Gov. Terry Branstad (R) for a signature. Business groups in favor of the bill say it reins in costs and also rebalances a system that had started to favor employees over employers. Opponents, however, say the bill reduces aid to those who need it most and that current laws were competitive with those in other states. Branstad has previously expressed support for a change to the system and is expected to sign the bill into law. Iowa is currently one of 25 Republican trifectas.
  • Specifically, the new legislation will reduce legal fees attorneys can collect for workers’ compensation cases. It also reduces the fines employers are forced to pay when they are late in paying out benefits. The new law specifically reduces coverage of shoulder injuries, which are common at the state’s meatpacking plants. In total, the new law is expected to reduce payouts from the state Workers’ Compensation Fund by about $1.8 million a year beginning in the 2018 budget year.

Arkansas House Approves Amendment to Restrict Constitutional Amendments

• The Arkansas House of Representatives voted 79-10 in favor of House Joint Resolution 1003, a constitutional amendment that would make it more difficult to put constitutional amendments before voters—either through citizen initiatives or legislative referrals—and make it more difficult to pass amendments once they reach the ballot. HJR 1003 now goes before the Arkansas State Senate and then before voters in 2018 if the Senate passes the resolution. Specifically, the proposal would require a 60 percent supermajority in a statewide election to approve constitutional amendments, require a two-thirds supermajority vote in both chambers for the legislature to refer constitutional amendments to the voters, make the state's distribution requirement more strict by requiring half of the required percentage of signatures in each of 25 counties instead of the 15 currently required, require initiative signature petitions to be submitted 180 days before the election instead of 123 days before the election as currently required, and enact other ballot measure-related provisions.
  • The Arkansas state legislature is allowed to refer up to three amendments to voters in even-numbered years. It has already referred two amendments to the November 2018 ballot: a voter ID requirement and a measure to limit attorney fees in civil lawsuits. Arkansas law allows both constitutional amendments and state statutes to be put on the ballot through citizen initiatives.
  • Of the 49 states in which the legislature refers amendments to the ballot, 19 require a two-thirds supermajority vote in one legislative session as HJR 1003 would require. Ten states require a simple majority in one session as Arkansas does now.
  • Two other states—Illinois and Florida— require a 60 percent supermajority vote at a statewide election to approve constitutional amendments. Colorado requires a 55 percent supermajority, and New Hampshire requires a 66.67 percent supermajority. Thirty-seven states require a simple majority. Other requirements—such as double majorities or local vote requirements—exist in eight states.
  • In 2016, Arkansas voters decided Issue 6―an initiative amendment legalizing medical marijuana—and three legislatively referred amendments. Issue 6 would have failed under HJR 1003 restrictions, while the three legislative referrals would have passed.
  • The Arkansas State Legislature is one of several state legislatures—including Arizona, Maine, and South Dakota—to consider legislation to make the initiative process more difficult after state voters approved initiatives concerning issues such as marijuana, minimum wage, tax increases, payday lending restrictions, law enforcement, campaign finance laws, and elections in 2016.
  • Arkansas is one of 25 Republican trifectas.

State Supreme Court Rules on Oklahoma Med. Marijuana Initiative

• The Oklahoma Supreme Court ruled in favor of proponents of a medical marijuana initiative, allowing their proposed summary to appear on the ballot instead of the alternative ballot title proposed by then-Attorney General Scott Pruitt (R), which he argued was more objective and accurate. Proponents argued that Pruitt’s rewrite of the ballot title could have made voters think the measure was about recreational marijuana instead of being restricted to medical marijuana. You can read both versions of the ballot titles here. This initiative was circulated targeting the 2016 election and a sufficient number of signatures were collected before the deadline on August 11, 2016. The petition was confirmed as sufficient by the state supreme court on September 13, 2016. But the lawsuit filed by initiative proponents over the rewritten ballot title postponed the initiative. It will now appear on the ballot in November of 2018 unless the governor calls for an earlier special election. A governor has not selected a date different from the general election for an initiative in Oklahoma since 2005.
  • Twenty-eight states and Washington, D.C., have passed laws legalizing or decriminalizing medical marijuana. Additionally, 15 states have legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.
  • Voters in nine states decided marijuana-related initiatives in 2016.
    • Three of them concerned legalizing medical marijuana, all of which were approved.
  • Marijuana-related ballot measures could also go before voters in nine other states in 2018.

Tuesday, March 28

Georgia Senate Passes Campus Carry

• The Georgia State Senate voted 33-22 to approve a bill that would allow guns on the campus of any public college or university in the state. Since the state House previously passed a version of this bill, it will return to the lower chamber to either approve revisions or send the bill to a conference committee. It is no guarantee that the legislation becomes law even if it passes both chambers—Gov. Nathan Deal (R) vetoed similar legislation last year over concerns that the law was too broad. Georgia is currently one of 17 states that does not allow guns on campuses. It is one of 25 Republican trifectas.

Idaho Governor Vetoes Special Election Law

• Idaho Gov. Butch Otter (R) vetoed legislation that would have changed how the state handles special elections for Congress. While Idaho has never held a special election for a congressional seat, the rules came to the forefront after then-President-elect Trump interviewed U.S. Rep. Raul Labrador for a potential position in his administration. Otter criticized the law, saying it sacrificed timeliness for structure. Idaho is currently one of 25 Republican trifectas.
  • Current law requires the governor to declare a single election date and allows for anyone to run in the election, regardless of party. The new law would have required the election to be held during one of the state’s four regular consolidated election dates, along with separate primary and general elections.

The Montana Senate Passes Constitutional Right to Hunt and Fish

• The Montana State Senate voted 30-20—with all 18 Democrats voting no—to put a constitutional amendment guaranteeing a right to hunting, fishing, and trapping before voters. Currently, the constitution guarantees the “opportunity to harvest wild fish and wild game animals." The amendment now goes to the House, where at least 70 of the 100 representatives must vote yes to put the proposal on the ballot in 2018. In Montana, a constitutional amendment must be passed by a two-thirds vote of all members of the state legislature during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined yes votes in the House and Senate need to equal two-thirds of all members. There are 59 Republicans and 41 Democrats in the state House.
  • In 2016, Montana voters rejected an initiative to prohibit using animal traps and snares on state public lands by a margin of 12.7 percent.
  • Twenty-one states have constitutional provisions allowing the activities of hunting and fishing. Vermont was the first state to constitutionalize such a right in 1777.
  • Montana is currently one of 25 Republican trifectas.

Missouri Veto Referendum Petition Targeting Right to Work Cleared for Circulation

• The Missouri Secretary of State certified the official ballot title for a veto referendum petition on Senate Bill 19, the right to work law passed earlier this year, which means the opponents of right to work who are backing the petition can now start gathering signatures. They have until August 28 to collect the required number of signatures. Missouri veto referendum petitions require signatures equal to five percent of the votes cast in the most recent gubernatorial election in six of the state's eight congressional districts. If petitioners collect signatures in the smallest districts, this requirement amounts to a minimum of 100,126 valid signatures. The ballot title asks if voters want to adopt Senate Bill 19, which means the sponsors of the referendum petition— Missouri AFL-CIO president Mike Louis and Missouri NAACP president Rod Chapel—are hoping electors will vote no if the referendum does reach the ballot.
  • Missouri voters defeated a right to work amendment in 1978, with 60 percent of voters rejecting it.
  • Missouri is currently one of 25 Republican trifectas following the 2016 election where the partisan control of the governor’s office changed from Democrat to Republican.
    • In 2015, Gov. Jay Nixon (D) vetoed a right-to-work bill that the state legislature passed.
  • There hasn’t been a veto referendum on the ballot in Missouri since 1982.

Wednesday, March 29

Arkansas Governor Signs Abortion By Gender Law

• Arkansas Gov. Asa Hutchinson (R) signed a bill into law that will impose fines and prison time on doctors who perform abortions for patients that request them solely on the basis of the child’s gender. The law carries a maximum penalty of a year in jail and a fine of $2,500. Women who request or receive such an abortion would not face any charges. The law is slated to take effect in 2018. According to the Guttmacher Institute, Arkansas is the eighth state to ban abortion on the basis of gender selection. Arkansas is currently one of 25 Republican trifectas.

South Carolina House Passes Abortion Ban

• The South Carolina House of Representatives passed a bill that would impose punishment of doctors that perform the most common kind of second trimester abortion. Doctors who perform dilation and evacuation procedures would face fines and up to two years in jail. The bill’s sponsor, Rep. Lin Bennett (R), said that the bill does not outlaw abortion but intends to make it safer. A spokesman for Planned Parenthood says the law only seeks to limit access to abortions in the state. To become law, the bill would need to pass the state Senate and be signed by Gov. Henry McMaster (R). South Carolina is currently one of 25 Republican trifectas.

West Virginia Senate Passes Medical Marijuana Legalization

• Republican and Democratic Senators in the West Virginia State Senate voted 28-6 to approve the legalization of medical marijuana for those with a qualifying condition with a doctor’s recommendation. The legislation would allow up to 60 dispensaries to operate in the state and create a 17-member commission to oversee those dispensaries. Currently, 28 states and Washington, D.C., allow for the use of medical marijuana. To become law, the bill would need to pass the state House and be signed by Gov. Jim Justice (D). West Virginia is currently one of 19 states under divided government.

South Carolina Liquor License Law Ruled Unconstitutional

• The South Carolina Supreme Court ruled that a state law limiting the number of liquor licenses that could be issued is unconstitutional. The owners of Total Wine & More challenged the law, which says that companies may have up to three liquor licenses in the state. The court said it found the limits arbitrary and only meant to provide protection for existing retailers. It also said the law violated Total Wine’s due process rights to operate in its chosen area. The State Department of Revenue has said it will ask the court to reconsider the ruling.

Kentucky Legislature Overrides Four Vetoes

• The Kentucky General Assembly voted to override four vetoes by Gov. Matt Bevin (R), marking the first time the legislature has done so since 2013. House Speaker Jeffrey Hoover (R) said that the vetoes were important to show the governor that they maintain what Hoover called legislative independence. The four bills now made into law related to mental health care, naming roads, regulating drones, and deciding who had a say in how the state spends $100 million of settlement money from a lawsuit against Volkswagen. Senate President Robert Stivers (R) said that the vetoes do not mean there is a rift between the legislature and the governor, and said that the two have a good working relationship. Legislators in the state only need a majority in each chamber to override vetoes. Kentucky is currently one of 25 Republican trifectas.

Florida House Passes Judicial Term Limits on to the Senate

• The Florida House of Representatives approved an amendment to limit the terms of supreme court and district appeals court judges in a vote of 73-46. State law required 72 yes votes to meet the state’s 60 percent supermajority requirement. The amendment would make the specified judges ineligible for retention elections after 12 consecutive years of service. In the House, all of the Democrats and six Republicans made up the 46 no votes. The amendment now goes to the Senate, where 24 yes votes are needed to put the amendment on the ballot in 2018. Out of the 40 senators, 26 are Republicans. Once on the ballot, 60 percent of voters would have to approve it.
  • No other state besides New Mexico—which has term limits for probate judges—imposes judicial term limits, according to Warren Husband, Outside Legislative Counsel for the Florida Bar.
  • Florida is currently one of 25 Republican trifectas.
  • Currently, no measures are certified for the 2018 ballot in Florida.

Thursday, March 30

Filing deadline in Virginia

• The filing deadline passed for statewide and state legislative elections in Virginia. Three statewide offices will be up for election on November 7: Governor, Lieutenant Governor, and Attorney General. Additionally, all 100 seats of the Virginia House of Delegates will be up for election. Republicans control the state House 66-34, while Democrats hold all three state executive positions up for election this year. Virginia will not hold any state Senate elections in 2017. A representative of the Virginia Department of Elections informed Ballotpedia that an official candidate list for the June primaries may not be available until early April 2017.

Kansas Governor Vetoes Medicaid Expansion

• Kansas Gov. Sam Brownback (R) vetoed legislation that would expand Medicaid eligibility in the state. The Kansas State Senate voted 25-14 to approve the legislation on Tuesday, a month after the state House approved a similar measure 81-44. In the Senate, all nine Democrats supported the bill, along with 16 Republicans. Kansas is one of 19 states that has declined to expand Medicaid through the Affordable Care Act. Medicaid expansion in Kansas would extend coverage to an estimated 150,000 people. To override Brownback’s veto, supporters of the bill will need 84 votes in the House and 27 in the Senate. Kansas is currently one of 25 Republican trifectas.
  • The Patient Protection and Affordable Care Act of 2010, also known as Obamacare, provided for the expansion of Medicaid to cover all individuals whose income is equal to or less than 138 percent of the federal poverty level, which amounted to $16,394 for individuals and $33,534 for a family of four in 2016. However, participation in the expansion was made voluntary on the part of the states.
  • At the November 2017 election, voters in Maine will decide an indirect initiative to expand Medicaid unless the state legislators approve it themselves.

Veto Referendum Petition Filed Targeting Arizona Pay-Per-Signature Ban

• Mike Shipley, a Libertarian candidate for the 9th Congressional District in 2016, filed a veto referendum petition targeting House Bill 2404—a law passed earlier this month that restricts the initiative signature gathering process. The bill prohibits the payment of signature gatherers according to the number of signatures collected. The group Grassroots Citizens Concerned is sponsoring the referendum effort. Opponents of the law need to collect 75,321 valid signatures within 90 days after the state’s legislative session ends, which is also when HB 2404 would take effect unless the referendum effort is successful. As the 2017 legislative session is expected to adjourn around April 22, 2017, petitioners would have until July 21, 2017, to collect the required 75,321 signatures. If enough signatures are submitted, the law would be suspended until the 2018 election.
  • Arizona is currently one of 25 Republican trifectas.
  • Arizona voters passed an initiative to increase the minimum wage and defeated an initiative to legalize marijuana by a margin of 1.36 percent in 2016.
  • The legislatures of Arkansas, Maine, and South Dakota also considered or are considering legislation in 2017 to restrict initiative processes following the approval of citizen initiatives about issues such as marijuana, minimum wage, tax increases, payday lending restrictions, law enforcement, and campaign finance laws in 2016.

Georgia LRCA About County Sales Tax Referendums for School Districts Certified

• The Georgia House of Representatives voted 41-6 in favor of a constitutional amendment to allow school districts to call for county sales and use tax referendums to impose a 1 percent tax and requiring the revenue from any such sales taxes to be distributed to school districts within the county according to (a) an agreement between the county school system and independent city school districts or (b) the ratio of student enrollment between the districts, if no agreement can be reached. Since the state Senate approved the amendment on March 22, it will now go to voters in November 2018.
  • This amendment is the only measure currently certified to appear before voters in 2018.
  • Georgia does not allow citizen initiatives, and the state’s legislative session ended on March 30, which means no more statewide ballot measures can be put to the ballot this year. The legislature can refer additional measures to the 2018 ballot during its 2018 legislative session.
  • For the 2016 ballot, two amendments were referred during the 2015 session, and two were referred during the 2016 session.

Montana Senate Approves Bill to Prohibit the Collection of Other People’s Ballots

• The Montana State Senate voted 30-19 in favor of a Senate Bill 352, a state statute to prohibit the collection of ballots for others. The bill was designed to prevent unsolicited ballot collection. It would provide exceptions for (a) election officials, (b) postal service workers or others authorized to transmit mail, (c) caregivers, (d) family members, (e) household members, and (f) individuals known by the voter. If SB 352 passes in the state House, it will go before voters in November 2018.
  • Currently, one measure—a legislatively referred statute to renew a property tax to fund the state’s university system—is certified for the 2018 ballot.
  • From 1996 to 2016, the number of measures on Montana ballots during even-numbered years ranged from two to eight, with an average of five.

Fact Check

Did Tony Evers fix the achievement gaps in Milwaukee and Madison schools?

• In the election for Wisconsin superintendent of public instruction, Lowell Holtz claimed that incumbent Tony Evers failed to fix the achievement gaps in Milwaukee and Madison. Superintendents are not solely responsible for addressing educational achievement gaps. Gaps in test scores among black, Hispanic, and white students in Madison and Milwaukee widened between 2005 and 2014. The gap in four-year graduation rates between black and white students widened in Milwaukee between 2010 and 2015 and remained largely unchanged between Hispanic and white students. The gap in four-year graduation rates for both groups narrowed in Madison.

Friday, March 31

Montana Personhood Amendment Approved in One Chamber

• The Montana House of Representatives voted 58-42 in favor of House Bill 595, a constitutional amendment to guarantee the rights of a person to the unborn, the old, the sick, and the dependent. The bill was passed along party lines, with two Republicans and all but one of the Democrats voting no. HB 595 now goes to the Montana State Senate, where it needs approval from 42 out of the 50 state senators to get put on the 2018 ballot. There are 32 Republican senators and 18 Democratic senators. The amendment would define person as any member of “the species Homo sapiens at any stage of development, including the stage of fertilization or conception, regardless of age, health, level of functioning, or condition of dependency.” The definition would be added right under the state constitution's due process clause guaranteeing that “no person shall be deprived of life, liberty, or property without due process of the law.” In Montana, a constitutional amendment must be passed by a two-thirds vote of all members of the state legislature during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined yes votes in the House and Senate need to equal two-thirds of all members.
  • Montana is one of 19 states under divided government.
  • The state House also voted on two other LRCA’s, passing them on to the state Senate by a vote of 59-40—also along party lines—and 64-36, respectively.
    • The first— House Bill 599—would require the governor to make appointments to fill executive vacancies based on a list of candidates prepared by the party of the official being replaced, and the second— House Bill 626—would prevent prohibit state legislators from seeking re-election if they have already served a total of 16 or more years during any 20-year period in the state Senate, state House, or both. Currently, state representatives are prohibited from seeking re-election if they have already served eight or more years during any 16-year period in the state House, and state senators are prohibited from seeking re-election if they have already served eight or more years during any 16-year period in the state Senate.
  • Currently, one measure is certified for the 2018 ballot in Montana.

 

What’s On Tap Next Week

Monday, April 3

Filing deadline in New Jersey

• The filing deadline will pass for statewide and state legislative elections in Virginia. Two statewide offices, Governor and Lieutenant Governor, will be up for election on November 7. Additionally, all 40 seats of the New Jersey State Senate and the 80 seats of the New Jersey General Assembly will be up for election. Democrats control both legislative chambers, so a win in the gubernatorial election this year would give Democrats a trifecta in the state.

Tuesday, April 4

Wisconsin Superintendent Election

• Two-term incumbent Tony Evers will face Lowell Holtz in the general election for Wisconsin Superintendent of Public Instruction. While the race is officially nonpartisan, Evers is supported by teachers’ unions and Democratic leaders, while Holtz has earned the backing of conservative groups. The two candidates have disagreed on matters like student achievement, Common Core, and school choice. Evers finished first in the March primary with 70 percent of the vote, while Holtz earned 23 percent.

New Hampshire Special Elections

• Two special primary elections in the New Hampshire House of Representatives will take place. The District Carroll 6 seat became vacant after Harold Parker (R) resigned to join Gov. Chris Sununu's (R) administration. One Democrat and two Republicans filed for the primary. The District Hillsborough 44 seat became vacant after the death of Andre Martel (R). Two Democrats and two Republicans filed for the primary. A special election for both seats will take place on May 23, 2017. Republicans currently control the chamber 222-174, and New Hampshire is currently one of 25 Republican trifectas.

 

State government in session

State government special elections

As of this week, 14 state legislative seats have been filled through special elections in 2017. Another 28 elections have been scheduled in 17 states to fill vacancies.

Due to redistricting, additional state legislative special elections may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court, however, issued an order on January 10, 2017, halting the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order.

• An average of 89 seats were filled through special elections in each of the past three odd years (2011: 94, 2013: 84, 2015: 88).
• An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include:

April 4, 2017

• New Hampshire House of Representatives District Carroll 6 (primary)
• New Hampshire House of Representatives District Hillsborough 44 (primary)

April 11, 2017

• South Carolina State Senate District 3 (primary)
• South Carolina House of Representatives District 84 (primary)

Local

The Week in Review

Elections Update

• In 2017, Ballotpedia is covering municipal elections across 54 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across six states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 463 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
• So far this year, Ballotpedia has covered six city elections, one county election, and 22 school board elections. Ballotpedia will cover between 100 and 200 local ballot measures in California in 2017.
• Local ballot measure elections occurred in California on January 10, February 28, March 7, and March 28. On March 7, local voters decided 22 measures; 14 measures were approved, seven were defeated, and one is too close to call with certainty until results are certified. Los Angeles city voters decided four measures, including Measure S, a development-related initiative. Measure S was defeated.
• On March 7, St. Louis voters approved Proposition S, authorizing an annual fee of $5,000 for businesses that offer short-term loans, also known as a payday loan.
• The next local ballot measure elections Ballotpedia will cover are on April 4 in Alaska, California, Colorado, and Missouri, and on April 11 in California.

Monday, March 27

Texas town filing deadline passed for mayoral special election

• The filing deadline passed to run in a special election for mayor in Corpus Christi. The city is holding the special election on May 6, 2017, to fill the vacant position after former mayor Dan McQueen resigned 37 days into his term. At the time of his resignation, he stated, “The city can no longer deal with such differing views and divisiveness. I step down from my position as Mayor, in order to allow the council and city to regain focus on success. Sorry, they are now into my ex-wives and kids. Nothing good will come from that mess.” Nelda Martinez, who served as mayor until she lost her re-election bid to McQueen, is one of eight city residents who have announced their intention to run in the special election. Corpus Christi is the eighth-largest city in Texas and the 60th-largest city in the U.S. by population.
  • Former city council member Mark Scott also filed to run in the race, but withdrew his candidacy on March 29. The withdrawal came shortly after an appellate court ruled that Scott was eligible to run for mayor. Scott’s eligibility had been legally challenged by current council members who argued that Scott was term-limited. Scott told the Caller-Times that his decision to pull out of the race rested on mounting legal fees and the potential for an appeal of the court’s ruling by the city council.

Tuesday, March 28

Court struck down Miami Beach minimum wage

• A Miami-Dade circuit court struck down an ordinance to raise the minimum wage in Miami Beach to $13.31 by 2020. The ordinance, which was unanimously passed by the city council in June 2016, was set to raise Miami Beach’s minimum wage to $10.31 beginning January 1, 2018. The wage was then set to increase by one dollar per year over the succeeding three years. The law was voided by Judge Peter Lopez, who argued that it was preempted by state law. The statewide minimum wage increased from $8.05 to $8.10 per hour on January 1, 2017. Lawyers representing Miami Beach argued that municipalities are able to set their own minimum wages due to a 2004 state constitutional amendment that set a state minimum wage higher than the federal minimum wage and said they would appeal Judge Lopez’s decision. The ordinance was supported by local labor groups, including unions and the National Employment Law Project, and was championed by former Miami Beach Mayor Philip Levine (D). Conversely, the Florida Retail Federation, Florida Restaurant & Lodging Association, and Florida Chamber of Commerce voiced opposition to the law. Advocates of the higher wage point to research published by the Brookings Institution that names South Florida as one of the worst areas of income inequality in the nation. Opponents have expressed concern about the effects the ordinance could have on the local business community.
  • At the state and local level, preemption is a legal concept that allows a state law to supersede a conflicting local law due to the state's power to create cities as granted by state constitutions. The federal government can preempt state and local law in a similar manner. Click here to learn more about preemption conflicts at the state and local level.

Tennessee judge arrested

• In Nashville, Davidson County Judge Casey Moreland was arrested on federal obstruction of justice charges. If convicted, he faces up to 20 years in prison. The Federal Bureau of Investigation began investigating Moreland’s conduct in January 2017, as did the Tennessee Board of Judicial Conduct. The allegations against Moreland include violations of anti-corruption statutes by accepting and extorting things of value, including sexual favors, in return for favorable judicial rulings and acts. Formal, public charges have not yet been filed. Moreland stepped down from his presiding role in the General Sessions court, but expressed a desire to finish out the remainder of his term. Nashville Mayor Megan Barry (D) has called for his resignation. Nashville is the second-largest city in Tennessee and the 25th-largest city in the U.S. by population.

Virginia Beach tax changes proposed

• Virginia Beach City Manager Dave Hansen proposed raising fees and real estate taxes to pay for full-day kindergarten and city drainage improvements. To fund the kindergarten programs for two years, Hansen proposed increasing the real estate tax rate by 1.25 cents per $100 of assessed property value. This would bring Virginia Beach’s property tax rate to just over $1 per $100 of assessed value. For a family home with a median value of $236,900, homeowners would see an increase in property taxes of $90 per year. The tax hike is estimated to generate $6.75 million. Hansen also requested a bump up of 2.5 cents per day in stormwater fees—just $9 per year—over five years for infrastructure improvements. The proposed budget for 2018 equals $1.97 billion, which is a 3 percent increase over the previous fiscal year. Virginia Beach is the largest city in Virginia and the 39th-largest city in the U.S. by population.

Candidates filed for South Dakota school boards

• The filing deadline passed to run for three school board seats up for general election in two of South Dakota’s largest school districts by enrollment. The election will be held on June 6, 2017. The largest school district holding an election is the Sioux Falls School District, which served 23,966 students during the 2014-2015 school year—approximately 18 percent of all public school students in the state.

Friday, March 31

Candidates filed in New Mexico mayoral election

• The filing deadline passed to run for mayor in Albuquerque. The general election will take place on October 3, 2017, and a runoff election will take place on November 7, 2017, if no candidate receives a majority of votes in the general election. Mayor Richard Berry (R) is not running for re-election. Albuquerque is the largest city in New Mexico and the 32nd-largest city in the U.S. by population.

 

What’s On Tap Next Week

Tuesday, April 4

Elections in counties, cities, courts, and school districts across U.S.

Alaska

• A general election will be held for six of 11 city council seats in Anchorage. Only two incumbents filed for re-election, guaranteeing that at least four new members will be elected to the council. There will also be eight ballot measures on the ballot. Six bond propositions seek approval to borrow money for projects that include school district building improvements, various public safety improvements, and road work. A referendum to repeal an ordinance meant to increase the number of taxi permits made it to the ballot by way of a citizen petition. A group of taxi owners opposed the ordinance and drove the effort to get the referendum on the ballot. There will also be a proposition to expand the boundaries of the Anchorage Parks and Recreation Service Area. Anchorage is the largest city in Alaska and the 63rd-largest city in the U.S. by population.
• A general election will be held for two of seven school board seats in the Anchorage School District. The Seat C and Seat D incumbents chose not to file for re-election, and a total of nine candidates filed to run in the races for the two available seats. The Anchorage School District is the largest in Alaska, and served 48,049 students during the 2014-2015 school year—approximately 37 percent of all public school students in the state.

California

• A general election will be held for six of 10 school board seats in two of California’s largest school districts by enrollment. The largest of these districts is the Glendale Unified School District, which served 26,168 students during the 2014-2015 school year—approximately 0.4 percent of all public school students in the state.

Colorado

• The city of Colorado Springs will hold general elections for districts 1 through 6 on the city council. The incumbents of districts 1, 4, 5, and 6 are each running for re-election. Three of the four incumbents were outraised by their challengers in terms of campaign contributions by the March 15 reporting deadline. Voters will also decide on three ballot measures. Colorado Springs is the second-largest city in the state and the 41st-largest city in the U.S. by population.
• An election to recall four city council members will take place in Otis. The city council has six members. In December 2016, former town council member Leon Payne initiated the recall effort. The Akron News-Reporter cited disagreements between the public and council members during meetings in 2016 as the primary reason for the recall effort.

Missouri

• Voters in Kansas City will decide on five ballot measures. Three of the five measures are part of an $800 million infrastructure bond package. Voters will also weigh in on a proposal to impose a sales tax to fund economic development in Central City and a proposal to reduce the penalties for possession of marijuana and marijuana paraphernalia. Kansas City is the largest city in Missouri and the 37th-largest city in the U.S. by population.
• A general election will be held for two of six seats on the St. Louis Community College Board of Trustees. Nine candidates are running in the race for Subdistrict 1, and three candidates are running for Subdistrict 2. Ballotpedia covers elections in St. Louis as one of America's largest cities. The city is an independent municipality, though it was once a part of the surrounding St. Louis County. While the city elects its own government separately from the county, the college board of trustees is an area of overlap.
• A general election will be held for 52 seats across 17 of Missouri’s largest school districts by enrollment. The largest of these districts is St. Louis Public Schools, which served 30,831 students during the 2014-2015 school year—approximately 3.4 percent of all public school students in the state.
  • A general election will also be held for three of seven seats on the Raytown C-2 School District Board of Education. Although the district does not fall under Ballotpedia’s coverage of the largest 1,000 school districts in the U.S. by enrollment, it is located within St. Louis—one of the 100 largest cities in the U.S. by population covered by Ballotpedia.
• A vote on whether to recall or retain city councilman Chris Moreno will take place in Lee’s Summit. If voters recall Moreno, the city charter empowers the city council to fill the vacancy. On October 26, 2016, Lee's Summit Citizens for Responsible Government (LSCRG) submitted a petition to the city clerk seeking Moreno's recall. This petition argued for Moreno's removal due to concerns about his role in contentious city council meetings and personal bankruptcy proceedings. Moreno has countered that the recall effort was initiated by supporters of Councilwoman Diane Forte after an investigation into allegations that her company benefited from her public position. The Lee’s Summit City Council consists of eight members elected by district.

Nebraska

• A primary election will be held for mayor and all seven city council seats in Omaha. The top two vote recipients in each race will advance to the general election on May 9, 2017. Mayor Jean Stothert (R) is seeking re-election against four candidates, including former state Sen. Heath Mello (D). The city council is controlled by a 4-3 Democratic majority heading into the 2017 election, meaning a net gain of one seat for Republicans would flip control of the council. Omaha is the largest city in Nebraska and the 42nd-largest city in the U.S. by population.
• A primary election will be held for three at-large seats on the city council and two seats on the airport authority board of directors in Lincoln. Six of the candidates for city council will advance to a general election on May 2, 2017. Lincoln’s City Council consists of three members elected at large and four members elected by district. Lincoln is the second-largest city in Nebraska and the 72nd-largest city in the U.S. by population.

Nevada

• The city of Las Vegas will hold a primary election for three of six city council seats. The seats in wards 2, 4, and 6 are up for election. Races in which no candidate wins a majority of the vote in the primary will advance to a general election on June 13, 2017. The open race in Ward 6, where incumbent Steven D. Ross is not eligible to run for re-election due to term limits, has attracted the most crowded field. Nine candidates are vying for the seat. Las Vegas is the largest city in Nevada and the 30th-largest city in the U.S. by population.
• The city of North Las Vegas will hold a primary election for mayor and the 2 of five seats on the city council. Races in which no candidate wins a majority of the vote in the primary will advance to a general election on June 13, 2017. Incumbents are running for re-election in all three races. Ward 3 Councilwoman Anita G. Wood faces the most crowded field. Four challengers, including former Clark County Commissioner Tom Collins, have filed to run against her. Ward 1 Councilman Isaac E. Barron and Mayor John J. Lee (D) face one and two opponents, respectively, in their bids for re-election. North Las Vegas is the fourth-largest city in Nevada and the 96th-largest city in the U.S. by population.
• A primary election for mayor and for one of five seats on the city council will be held in Henderson. Races in which no candidate wins a majority of the vote in the primary will advance to a general election on June 13, 2017. Mayor Andy Hafen (D) is not eligible to run for re-election due to term limits, and the open race for his seat has attracted seven candidates. The Ward III incumbent faces two challengers. Henderson is the second-largest city in Nevada and the 71st-largest city in the U.S. by population.

Oklahoma

• A general election will be held for one of eight city council seats in Oklahoma City. The ninth city council seat is held by the mayor. Ward 4 incumbent Pete White opted not to run for re-election. None of the four contenders to replace him won a majority of the vote in the primary election, so the top two vote-getters— Richard Morrissette and Todd Stone—advanced to the general election. Oklahoma City is the largest city in the state and the 27th-largest city in the U.S. by population.
• Oklahoma County will hold a special primary election for sheriff. A special general election is scheduled for September 12, 2017. Two Democratic and four Republican candidates are running for the position in the primary.
• A runoff election will be held for three of eight school board seats in Oklahoma City Public Schools. The runoff for all three seats will be held since no candidate received a majority of the votes cast in the general election on February 14, 2017. Six candidates advanced to the runoff election, while a total of 11 candidates ran in the general election. The chairperson seat will be elected at large, while the other two seats will be elected by district. Oklahoma City Public Schools served 41,074 students during the 2014-2015 school year—approximately 6 percent of all public school students in the state.

Wisconsin

• The city of Madison will hold a general election for all 20 seats on the common council. The primary election for common council, which was scheduled for February 21, 2017, was not held because no more than two candidates filed for any of the council seats. Nineteen of 20 incumbents filed for re-election, and 15 of these incumbents are running unopposed. Madison is the second-largest city in Wisconsin and the 83rd-largest city in the U.S. by population.
• A general election for county executive will be held in Dane County. Incumbent Joe Parisi is running unopposed for re-election. Dane County was home to 516,284 residents in 2014, according to the U.S. Census Bureau.
• A general election will be held for 126 school board seats across Wisconsin’s 50 largest school districts by enrollment. Five school districts held primary elections on February 21, 2017, to narrow the candidate field. Primary elections are held in Wisconsin school districts if more than two candidates file for any seat up for election. These districts collectively served 455,983 students during the 2014-2015 school year—approximately 52 percent of all public school students in the state.
  • The largest Wisconsin district holding elections and covered by Ballotpedia is Milwaukee Public Schools. Four of nine school board seats are up for election, and eight candidates—two incumbents and six newcomers—are vying for the seats. The district has faced multiple issues in 2017, including a transportation lawsuit filed by a private voucher school and a possible $50 million budget gap. To learn more about what’s at stake, please click here. Milwaukee Public Schools served 77,316 students during the 2014-2015 school year—approximately 9 percent of all public school students in the state.
  • A lawsuit filed against the Appleton Area School District has been moved to the Wisconsin Supreme Court. The suit, which was filed in 2011, argues that the district violated the state's open meetings laws. At the time, district parents objected to reading materials used in a freshman communications course. These objections were brought to the board, which then held a closed meeting to review the materials. To learn more about this issue, please click here. The Appleton Area School District served 16,373 students during the 2014-2015 school year—approximately 2 percent of all public school students in the state.
  • Four school districts will hold special elections in conjunction with their regular at-large elections. Each of these districts has one seat up for special election due to the resignation of a board member. Because candidates in these districts do not file to run for specific seats, the top vote-getters will win the seats with full terms and the candidate with the next-highest number of votes will win the seat up for special election to serve the remainder of the unexpired term.
• A general election will be held for 48 circuit court seats across Wisconsin. Three seats required primaries on February 21, 2017, with the top two vote recipients for each seat advancing to the April 4 general election. Thirty-seven seats up for election in 2017 are uncontested, representing 77 percent of all circuit court seats on the ballot. Twelve of the state's 48 circuit court seats—25 percent—up for election are located in Milwaukee County, the state's most populous county.

 

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