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The Tap: New Jersey’s Supreme Court Vacancy Season Finale

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April 18, 2016Issue No. 12

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What happened last week: April 9 - April 15
What's happening this week: April 16 - April 22

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Federal

What's on tap?

This week, we are looking forward to covering the New York presidential primary, which will take place on April 19 for both parties. On the Democratic side, 247 pledged delegates are up for grabs—the second-largest state delegate haul of the year for the Democrats. By April 20, 65 percent of the Democrats’ pledged delegates will have been allocated. Polling from late March and early-to-mid April showed Hillary Clinton with a roughly 10-point lead over Bernie Sanders. Sanders has won the past seven primary events against Clinton. Both candidates have unique ties to the state. Clinton served as a U.S. senator from New York from 2001 to 2009, while Sanders was born there in 1941. On the Republican side, 95 pledged delegates are at stake, and by April 20 nearly a quarter of the Republicans’ pledged delegates will have been assigned. Polling from throughout March 2016 showed Donald Trump with a commanding lead over rivals Ted Cruz and John Kasich, ranging from 20 to 40 points, and he appears poised to capture a majority. New York's Republican delegates will be allocated on a proportional basis unless a single candidate receives a majority of the vote, in which case the delegates will be allocated to that candidate on a winner-take-all basis.

Last week

 

Federal

Last week

Saturday, April 9

  • The Colorado Republican Party completed the election of its 34 delegates to the Republican National Convention over the weekend and gave Ted Cruz a significant boost in the delegate count for the Republican nomination. Once the dust had settled, 30 delegates who pledged their support to Cruz on their intent-to-run forms had been elected, and four others who were elected as uncommitted delegates had verbally pledged their support to Cruz. In August 2015, the Colorado GOP canceled its presidential preference poll. On Monday, Donald Trump criticized the delegate election process in Colorado, telling Fox News, “There was no voting. I didn't go out there to make a speech or anything, there's no voting. The people out there are going crazy, in the Denver area and Colorado itself, and they're going absolutely crazy because they weren't given a vote. This was given by politicians - it's a crooked deal.”

Sunday April 10

  • Secretary of State John Kerry and other G7 foreign ministers visited Hiroshima’s Peace Memorial Park and the Atomic Bomb Dome to pay their respects to those who lost their lives when the United States dropped an atomic bomb on the city in August 1945 to end World War II. Kerry said, "It is a gut-wrenching display. It tugs at all of your sensibilities as a human being. It reminds everybody of the extraordinary complexity of choices of war and of what war does to people, to communities, to countries, to the world. This was a display that I will personally never forget." He is the first sitting secretary of state to visit the site, according to CNN.

Monday, April 11

  • 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.

Tuesday, April 12

  • President Barack Obama declared April 12, 2016, National Equal Pay Day. In his proclamation, he wrote, “I call upon all Americans to recognize the full value of women's skills and their significant contributions to the labor force, acknowledge the injustice of wage inequality, and join efforts to achieve equal pay.”
  • A group of liberal activists started a petition urging Department of Housing and Urban Development Secretary Julián Castro, who has been mentioned as Hillary Clinton’s potential running mate, to end the Distressed Asset Stabilization Program. The program “sells delinquent mortgages to firms and nonprofit groups at reduced prices, and, in return, asks them to work with the borrowers, including keeping up the properties. A goal is keeping homeowners in their homes and prioritizing the sale of delinquent mortgages to nonprofit community groups over banks,” according to The Wall Street Journal.
    • Kurt Walters of Root Strikers, a group supporting the petition, said, “This Wall Street giveaway is either a massive oversight by Secretary Castro or a sign he genuinely believes enriching Wall Street is the key to helping struggling homeowners. With Americans searching for leaders they can trust to take on Wall Street, this program is a clear red flag from an official aspiring to become vice president.”
    • In a written statement, Castro said, “When you clear away the politics and focus on the substance of the issue, HUD has made tremendous strides in helping hard-working Americans stay in their homes, including the creation of non-profit pools and delaying foreclosure for a year. But we still have work to do.”
  • Donald Trump gained an additional 12 pledged delegates on Tuesday after the Republican primary race in Missouri was officially called in his favor. The primary took place on March 15 and ended with Trump leading Ted Cruz by less than 2,000 votes. Missouri Secretary of State Jason Kander (D)—currently running against incumbent Roy Blunt (R) for a U.S. Senate seat—tweeted out on Tuesday morning that Trump won the race over Cruz, 40.8 to 40.6 percent. The official results mean that Trump gets the state’s nine at-large delegates and its three RNC delegates, giving him a total of 37 Missouri delegates to Cruz’s 15. The Democratic primary was also officially called on Tuesday, in favor of Hillary Clinton. As with the Republican race, she led Bernie Sanders by less than 2,000 votes. Sanders, however, had conceded the race to Clinton on March 18. Clinton received 36 delegates to Sanders’ 35.
  • Speaker of the House Paul Ryan (R-Wis.) ruled out the possibility of being the GOP presidential nominee. Ryan said, "Let me be clear: I do not want, nor will I accept, the Republican nomination. Count me out." Ryan said that if there is a contested convention, one of the individuals who chose to run for the office should be the nominee. He said, “I simply believe that if you want to be the nominee for our party — to be the president — you should actually run for it. I chose not to do this. Therefore, I should not be considered. Period. End of story.”
  • Senator John McCain (R-Ariz.) sent a letter to Department of Homeland Security (DHS) Secretary Jeh Johnson asking him to “request the Department of Defense’s (DOD) support to combat drug trafficking and secure the U.S.-Mexico border.” According to McCain’s website, “In order for DOD to support federal civilian law enforcement agencies, a request must be made by the official who oversees the federal government’s counter-drug activities.” McCain wrote, “During a recent visit to the Ft. Huachuca Army base in Sierra Vista, Arizona, I observed the Army conducting training missions with its Unmanned Aerial Vehicle (UAV) fleet. It was explained that although these UAVs are flying along the Arizona-Mexico border, none of the training missions are being coordinated with the Department of Homeland Security (DHS) to surveil the border for drug trafficking activities… [I] strongly urge that you make this request for support to the DOD immediately and begin coordinating with Ft. Huachuca to take advantage of these available air assets as quickly as possible.”
  • On Equal Pay Day, President Barack Obama issued a proclamation establishing the Sewall-Belmont House and Museum located in Washington, D.C., as the Belmont-Paul Women’s Equality National Monument. The site “has been home to the National Woman's Party (NWP)” and “tells the story of a century of courageous activism by American women.” In a speech, Obama said, "I want young girls and boys to come here, 10, 20, 100 years from now, to know that women fought for equality, it was not just given to them. I want them to be astonished that there was ever a time when women earned less than men for doing the same work. I want them to be astonished that there was ever a time when women were vastly outnumbered in the boardroom or in Congress, that there was ever a time when a woman had never sat in the Oval Office."
  • The House passed a bill that “would add the Zika virus to a list of diseases that qualifies for a ‘priority review’ voucher from the Food and Drug Administration (FDA),” according to The Hill. Rep. Susan Brooks (R-Ind.) said, "This is a significant incentive for private industry to invest the hundreds of millions of dollars and the many man hours it takes to produce a vaccine or treatment.”
    • President Obama will sign the bill, but White House Press Secretary Josh Earnest criticized the legislation for not doing enough to fight the Zika virus. He said, “The passage of that bill is positive, but a rather meager accomplishment. In some ways, it’s akin to passing out umbrellas in advance of a hurricane.”
  • Donald Trump supporter and former campaign staffer Roger Stone called for Trump delegates to sign a loyalty pledge for this year's convention. In an op-ed for Breitbart News, Stone said, "We at Stop the Steal, the grassroots uprising, and March on Cleveland will ask every Trump delegate to the Republican convention to sign a pledge that 'they will remain committed to vote for the winner of the primary or caucus as chosen by the voters (Donald J. Trump )' through the entire balloting process. In other words, respect the will of the voters."

Wednesday, April 13

  • Senator Jeff Merkley (D-Ore.), endorsed Bernie Sanders. Merkley said, "This really is all about the person who has the boldest, most fierce vision on the biggest issues facing America and the world.” Merkley is the first senator to endorse Sanders. Sanders also picked up the endorsement of the “Transport Workers Union Local 100, representing 42,000 workers in the New York region,” according to the New York Daily News.
  • Donald Trump privately met with Fox News anchor Megyn Kelly on Wednesday after months of attacking her professional competence. Kelly discussed their meeting on her news program in the evening: “We met for about an hour, just the two of us, and had a chance to clear the air. Mr. Trump and I discussed the possibility of an interview. And I hope we will have news to announce on that soon."
  • The U.S. Department of Defense reported that Russian Su-24 jets conducted “multiple, aggressive flight maneuvers” near the USS Donald Cook on April 11 and April 12. On April 11, the Russian jets made “numerous close-range and low-altitude passes” while an allied military helicopter was conducting deck landing drills in international waters in the Baltic Sea. On April 12, “a Russian KA-27 Helix helicopter flew seven circles at low altitude around the ship,” and “two Russian SU-24 jets made 11 close-range and low-altitude passes.” The jets continued to engage in the dangerous maneuvers despite safety warnings from U.S. officials. U.S. European Command officials said in a statement, “We have deep concerns about the unsafe and unprofessional Russian flight maneuvers. These actions have the potential to unnecessarily escalate tensions between countries, and could result in a miscalculation or accident that could cause serious injury or death.” A video of the incidents can be seen here.
    • On Thursday, Russian Ministry of Defense spokesman Maj. Gen. Igor Konashenkov responded to complaints from U.S. officials, saying, "[U]pon visual contact, the Russian pilots have executed a turnaway from the ship, compliant to all safety regulations. … To be honest, we don't understand such a painful reaction from our American colleagues. … The freedom of the seas of the U.S. destroyer does not cancel the freedom of the air for the Russian aircraft.”
  • The House Natural Resources Committee canceled a markup of legislation to help Puerto Rico restructure its $72 billion in debt amid pushback from Democrats and Republicans, according to The Washington Post. On Tuesday, Rep. Sean Duffy (R-Wis.) introduced the H.R. 4900 - the Puerto Rico Oversight, Management, and Economic Stability Act.

Thursday, April 14

  • Palm Beach County Deputy Prosecutor Adrienne Ellis announced that Corey Lewandowski, Donald Trump's campaign manager, would not be prosecuted on charges of simple battery stemming from an incident with former Breitbart reporter Michelle Fields. Elllis said, “We're not charging him because he was reacting to what he perceived as a potential threat.”
  • John Kerry condemned the dangerous flight maneuvers conducted by Russian Su-24 jets near the USS Donald Cook on April 11 and April 12. Kerry said, “We condemn this kind of behavior. It is reckless. It is provocative. It is dangerous. And under the rules of engagement that could have been a shoot-down. People need to understand that this is serious business and the United States is not going to be intimidated on the high seas … We are communicating to the Russians how dangerous this is and our hope is that this will never be repeated.”
  • Secretary of Defense Ash Carter announced that the United States will conduct “joint South China Sea patrols — and eventually air patrols — with the Philippines, while dispatching U.S. troops and combat aircraft there on more frequent rotations.” Philippine Defense Secretary Voltaire Gazmin said that the presence of U.S. forces, "will deter uncalled-for actions by the Chinese." Officials from the Philippines asked “the U.S. to help convince China not to build in the nearby Scarborough Shoal, which is viewed as important to Filipino fishermen.” According to The Navy Times, “Carter said the United States will be keeping nearly 300 troops, including Air Force commandos armed with combat aircraft and helicopters, in the Philippines through the end of the month.”
  • FILING DEADLINE: New York congressional filing deadline
    • There are 27 U.S. House seats in New York. Currently, 18 are held by Democrats and nine are held by Republicans.
    • The U.S. Senate seat currently held by Chuck Schumer (D) will be up for election in 2016. Ballotpedia rates the race as safely Democratic.
    • There are five U.S. House battleground districts in 2016. Ballotpedia has identified NY-1, NY-3, NY-18, NY-19, and NY-22 as battleground districts. Three of the five are currently held by Republicans, while the remaining two are held by Democrats.
    • New York’s candidate list is still largely incomplete. Ballotpedia will update our candidate lists once a complete list is available.

Friday, April 15

  • Congress missed the April 15 deadline to pass a budget, which was set under the Congressional Budget Act. According to CBS News, “The budget fight has its roots in last year's bipartisan budget deal with President Barack Obama, which required Democratic votes to pass and added more than $100 billion over two years to agency coffers hit by automatic budget curbs known in Washington-speak as sequestration.” Congress can still pass a budget, but it seems unlikely that the proposed budget will have the support of tea party Republicans and most Democrats.
  • FILING DEADLINE: Oklahoma congressional filing deadline
    • There are five U.S. House seats in Oklahoma. Currently, all are held by Republicans.
    • The U.S. Senate seat currently held by James Lankford (R) will be up for election in 2016. Lankford is running for re-election and will face no primary opponent in June. Oklahoma’s U.S. Senate race is rated safely Republican.
    • All five U.S. House incumbents are seeking re-election in 2016, and they will all face at least one primary opponent. All five seats are rated safely Republican in the general election.
    • Ballotpedia will update our candidate lists early next week with the official lists from Friday's filing.

 

Congress is IN session SCOTUS is IN session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Monday-Thursday. The U.S. Supreme Court is in session and will hear oral arguments Monday-Wednesday.

This week

Monday, April 18

Tuesday, April 19

  • The U.S. Supreme Court will hear oral arguments in United States v. Bryant on Tuesday. It is a federal crime to commit a domestic assault in the U.S. or on Indian land if a person has two separate prior convictions for domestic violence. The case addresses whether uncounseled misdemeanor convictions in a tribal court count toward this predicate-offense element. The court will also hear oral arguments in Universal Health Services v. Escobar on Tuesday. The case addresses a circuit split between the First Circuit and Seventh Circuit courts over the interpretation and application of the “implied certification theory of legal falsity” under the False Claims Act.
  • FILING DEADLINE: Michigan congressional filing deadline
    • There are 14 U.S. House seats in Michigan. Currently, nine are held by Republicans and five are held by Democrats.
    • There is no U.S. Senate election in Michigan in 2016
    • There is one U.S. House battleground district in Michigan in 2016. Ballotpedia has identified MI-1, currently held by Dan Benishek (R), as a battleground. Benishek is not seeking re-election in 2016, leaving the seat open.

Wednesday, April 20

  • The U.S. Supreme Court will hear oral arguments in Birchfield v. North Dakota, which was consolidated with Bernard v. Minnesota and Beylund v. Levi. The cases examine whether a state can criminalize a motorist’s refusal to submit to a warrantless chemical test to check for DUI. The court will also hear oral arguments in Encino Motorcars v. Navarro on Wednesday. The case addresses whether service advisors at auto dealerships are exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA).

 

Where was the president last week? Federal judiciary
President Barack Obama was in Washington, D.C., last week. Included in his schedule was a meeting with Chair of the Federal Reserve Janet Yellen and remarks at the redesigned Belmont-Paul Women’s Equality Monument on “Equal Pay Day” on Tuesday.  
  • 85 total federal judicial vacancies including one Supreme Court vacancy
  • 49 pending nominations
  • 13 future vacancies

Back to top

State and Local

What's on tap?

Many American TV shows debuted in 2010, the same year a seat on the New Jersey Supreme Court became vacant. The vacancy, which outlasted Parenthood, Melissa and Joey, Hot in Cleveland, and The Real Housewives of D.C. (but not The Walking Dead), came to an end on Monday, April 11. Read more below...

 

Highlights

State

Local

  • On Tuesday, April 12, the Denver City Council failed to pass a cap on the number of city licenses to grow and sell marijuana. The council’s vote deadlocked at six in favor and six against, with one council member absent from the meeting. Proponents of the cap, including bill sponsor Robin Kniech, announced their intention to refile the bill with some amendments in the hopes that the absent council member, Stacie Gilmore, would support it. The council previously enacted a two-year moratorium halting licensing for the growth and sale of medical and recreational marijuana in the city, but that expires on May 1, 2016. Denver is the largest city in Colorado and the 23rd-largest city in the United States.
 

State

Last week

Monday, April 11

  • 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.

Tuesday, April 12

  • The United States Court of Appeals for the 7th Circuit ordered a lower federal court to reconsider a case challenging Wisconsin's voter identification law. The appeals court's unanimous decision does not strike down the requirement, but it does, according to election law expert Rick Hasen, compel the lower court to "consider whether Wisconsin's voter ID law unconstitutionally burdens the right to vote to those voters who face extra burdens in obtaining proper voter identification." Wisconsin's voter ID law, which was approved in June 2011 but did not take full effect until 2015, has been the subject of ongoing controversy and litigation. Wisconsin is one of 19 states that require voters to present photo identification at the polls. Wisconsin's law is considered a strict requirement, meaning that voters who are unable to present valid identification are required to cast provisional ballots.
  • Louisiana Governor John Bel Edwards (D) released his proposal for the state’s fiscal year 2017 budget. Citing shortfalls in the state budget, Edwards said that deep cuts to many state services were necessary to close gaps for the overall improvement of the state’s financial health. The proposal included cuts to the state’s primary college scholarship program (TOPS), cuts to “safety net hospitals” for low-income families, and cuts to education at both the K-12 and college levels. The funding for the TOPS program in particular would be reduced by about two-thirds of its current level of $298 million, leaving the total funds at about $110 million. The state legislature went on to debate several bills that would alter how the TOPS scholarships are awarded in order to reduce fallout from the cuts. Since the state’s governorship is controlled by Democrats, it is one of 20 states under divided government. This is the first session of divided government since John Bel Edwards won election in November 2015. Louisiana had previously been a Republican trifecta since 2011.

Wednesday, April 13

  • The North Carolina Supreme Court heard oral arguments on the constitutionality of retention elections for state supreme court justices. Justice Robert Edmunds was to have stood in the state’s first retention election this fall, but a panel of three Wake County judges ruled in March that the retention law violates the state constitution. Three challengers have since filed to run in a contested election against Justice Edmunds, including attorney Sabra Faires, one of the plaintiffs in the lawsuit. Justice Edmunds is recused from hearing the case. The remaining justices will now consider the case and make a ruling sometime before the fall elections.
  • Maine Secretary of State Matthew Dunlap announced that he would not appeal the decision made by Superior Court Justice Michaela Murphy to allow the Maine Legalize Marijuana Initiative on the ballot in November. Dunlap disqualified the measure on March 2, 2016, for not having enough valid signatures, prompting the support campaign to file a lawsuit with the Kennebec County Superior Court on March 10. The secretary of state’s office disqualified thousands of signatures that were notarized by Stavros Mendros, whose company, Olympic Consulting, was hired to collect signatures. Dunlap stated that many of Mendros’ signatures did not match the signatures the state had on file, but the lawsuit claims that many petitions were thrown out without individual review. On April 8, 2016, Justice Murphy overturned Dunlap’s disqualification, requiring the secretary of state’s office to re-review the invalidated signatures to determine if the petition will appear on the ballot. Marijuana-related measures are certified for the ballot in Nevada and Florida and were proposed in over a dozen other states.
  • In a similar case, the petition to allow a casino to be built in York County was disqualified for the ballot, also due to invalid signatures notarized by Mendros. The support campaign for this measure filed a lawsuit to overturn Dunlap’s decision, but Justice Murphy upheld the decision to disqualify the petition. An appeal has been filed with the Maine Supreme Judicial Court, citing the contradiction between Murphy’s decision to overturn the disqualification of the marijuana petition, but uphold the disqualification of the casino petition. The supreme court has 30 days to rule on the case.
  • Mississippi Governor Phil Bryant (R) signed a bill to amend the state’s right-to-try law. The law will now protect hospitals from liability for treating patients who are taking experimental medication. It also removes responsibility from third-party payers for “outstanding debt related to such treatment.” The state Senate voted 49-2 in favor of the bill, and the House passed an amended version of the bill 94-25. Mississippi enacted its right-to-try law in 2015; as of April 2016, a total of 27 states have right-to-try laws. The laws allow terminally ill patients to access experimental medication without receiving permission from the FDA, as is required under federal law.
  • A lawsuit was filed in Minnesota against the state’s laws regarding teacher tenure and layoffs. The plaintiffs, a group of parents with children enrolled in public schools, say the state’s practice of granting teachers job protections after three years is unconstitutional for denying students “their fundamental right to a thorough and efficient education.” The lawsuit also challenges the practice of laying off the newest teachers first when cutbacks are made, saying it sacrifices better teachers for the sake of seniority. Additionally, the suit claims these practices harm disadvantaged and minority students to a greater extent as ineffective teachers are shuffled to schools with greater proportions of such students. The lawsuit was filed in a St. Paul district court and names the state, Gov. Mark Dayton (D), the state Education Department, and its commissioner as defendants.

Thursday, April 14

Friday, April 15

  • The Kentucky General Assembly adjourned its regular session. Sessions in even-numbered years can last no more than 60 legislative days and must be concluded by April 15. Kentucky is one of 20 states under divided government. Republicans control the governor’s office and the Senate by 16 seats, while Democrats control the House by six seats. The state House is the only state legislative chamber in the South currently controlled by the Democratic Party. The Kentucky House has been identified by Ballotpedia as one of 20 top legislature battlegrounds in 2016.
  • Tennessee Governor Bill Haslam (R) vetoed a bill that would have established the Christian Bible as the state's official book. "This bill trivializes the Bible, which I believe is a sacred text," Haslam wrote in a letter to the speaker of the House explaining his decision. The bill had been approved by the Republican-led legislature earlier this month. Opponents have called the bill unconstitutional, while supporters point to the state's multimillion dollar Bible-publishing industry. Tennessee is one of 23 Republican trifectas.
  • Filing deadline: Oklahoma
    • State legislatures: There are 25 state Senate and 101 state House seats up for election. Both chambers are firmly held by Republicans. Oklahoma has a Republican governor, making it one of 23 states with a Republican trifecta.
    • State executives: One seat on the Corporation Commission, the state's public service regulatory agency, is up for election in 2016. All three seats on the commission are currently held by Republicans.

 

This week

Sunday April 17

  • The Alaska State Legislature is projected to adjourn its regular session. The legislature meets annually and is limited to 90 days. Alaska is one of 20 states under divided government. Republicans control the Senate by eight seats and the House by seven seats. Governor Bill Walker is an independent.

Tuesday, April 19

  • The Iowa General Assembly is projected to adjourn its regular session. Lawmakers are not required by law to adjourn by a certain day, but the per diem in even-numbered years only lasts for the first 100 days of a regular session. Sessions usually adjourn around the 100th day or the 110th day in odd-numbered years, when per diem expenses run out. Iowa is one of 20 states under divided government. Republicans currently control the governor’s office and the House by 14 seats. Democrats control the Senate by two seats. Both chambers have been included in Ballotpedia’s 20 battleground chambers to watch in 2016.

Wednesday, April 20

 

State government in session

Twenty-three states are in regular session; California is in special session. AK, AL, AR, AZ, CA, CO, CT, DE, HI, IA, IL, LA, MA, ME, MI, MN, MO, MS, OH, OK, SC, TN, VT. Seven states are in recess:

  • NJ until 4/18/2016
  • NE and NH until 4/20/2016
  • RI until 4/26/2016
  • KS until 4/27/2016
  • PA until 5/2/2016
  • NY until 5/3/2016

Adjourned regular sessions:

  • FL, GA, ID, IN, KY, MD, NM, OR, SD, UT, VA, WA, WI, WV, WY.

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

State government special elections

As of this week, 26 seats have been filled through legislative special elections in 2016. Six involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), and two from Democratic to Republican (Texas, HD 118; and Minnesota, HD 50B). Another 17 (not including runoff elections) have been scheduled in 18 states. An average of 37 special elections were held in each of the past three even years (2010, 2012, and 2014).

Last week

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Local

Last week

Saturday, April 9

  • In Washington, Louisiana, police chief Ronelle Broussard lost a recall election. More than 84 percent of the vote was in favor of recalling Broussard. The Concerned Citizens Committee of Washington criticized Broussard's job performance and claimed that he had failed to fulfill the duties of his office. The police chief’s critics also took issue with him setting bail bond prices, which were typically set by the mayor's court. In a public letter responding to the recall effort, Broussard stated, “As you are probably aware, I have been on medical leave as a result of an on-duty accident in my office, dated back in February 2015. [...] Any attempt to remove me from office at a time when I am experiencing medical issues can only be described as an act of cowardice, not to mention that it violates my rights as a public servant.”

Monday, April 11

  • 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.

Tuesday, April 12

  • Four of the nine seats on the Long Beach City Council in California were up for general election. The District 2 race featured an open seat with three candidates who competed to replace incumbent Suja Lowenthal. Long Beach is the seventh-largest city in California and the 36th-largest city in the United States.
  • The final campaign finance deadline passed before the city primary election in Portland, Oregon. Twelve of the 26 candidates for the Portland mayoral and city commission races reported contributions to the Oregon secretary of state, with a combined total of over $717,365 in contributions and $501,391 in expenditures. With the mayor’s office and two of the five seats on the city commission up for election, more than 70 percent of the election's expenditures took place in the mayoral contest. Oregon State Treasurer and mayoral candidate Ted Wheeler (D) raised and spent the most money, with $327,701 in contributions and $235,562 in expenditures. Former Oregon State Representative Jules Kopel Bailey (D) was the only other mayoral candidate with a six-figure campaign finance report, and he received $111,033.85 in contributions and made $103,854 in expenditures. The primary election will be held on May 17, 2016. Portland is the largest city in Oregon and the 28th-largest city in the United States.
  • Four of America’s 1,000 largest school districts held elections for school board positions:
    • Jefferson County Schools, Alabama: The Place 1 seat was up for primary runoff election between challengers Ronnie Dixon and Donna Pike because no candidate received more than 50 percent of the vote in the Republican primary election held on March 1, 2016. Pike narrowly defeated Dixon with 50.29 percent of the vote, with just 15 of the 2,577 votes cast separating the two candidates. Since no Democratic or independent candidates filed, Pike will run unopposed in the general election on November 8, 2016.
    • Montgomery Public Schools, Alabama: The District 7 seat was up for primary runoff election between incumbent Roberta Collins and challenger Arica Watkins-Smith because no candidate received more than 50 percent of the vote in the Democratic primary election held on March 1, 2016. Watkins-Smith ousted Collins with more than 58 percent of the vote. Since no Republican or independent candidates filed, Watkins-Smith will run unopposed in the general election on November 8, 2016.
    • Long Beach Unified School District, California: Two of the five seats on the board were up for general election. The two incumbents, Felton Williams and Jon Meyer, ran for re-election and won. They were both endorsed by the Teachers Association of Long Beach.
    • Sioux Falls School District, South Dakota: Two of the five seats on the board were up for general election. Both seats were won by the incumbents. Sioux Falls is the largest school district in South Dakota and served 23,384 students during the 2013–2014 school year.
  • Eight local measures were on the ballot in two California counties. Los Angeles and Riverside counties both had four local measures on the ballot. Three of the Los Angeles County measures were related to taxes, while the fourth enacted term limits for city council members in the city of Walnut. Two of the three tax measures passed, as did the term limits measure. All four Riverside County measures were connected to the Coachella Valley Link, a pathway designed for foot travel, bicycles, low-speed electric vehicles, and disability mobile devices. Only Measure 1, which created a voter approval requirement for changes or repeal of the city's ordinance prohibiting neighborhood electric vehicles in certain neighborhoods, passed.

Wednesday, April 13

  • FILING DEADLINE: Deadline passed to run for the mayor’s office and all nine city council seats in Tulsa, Oklahoma. The primary election for the city will be on June 26, 2016, with a potential primary runoff election on August 23, 2016, and the general election on November 8, 2016. In the mayoral race, incumbent Dewey Bartlett Jr. is facing four challengers. The city council incumbents in District 5, District 7, and District 8 are running unopposed for re-election. The only city council race without an incumbent is in District 9. Tulsa is the second-largest city in Oklahoma and the 46th-largest city in the United States.

 

This week

Monday, April 18

  • FILING DEADLINE: Deadline to run for 22 school board seats across eight of New York’s largest school districts. The general election for these districts will be on May 17, 2016. In 2016, Ballotpedia is covering 642 school board elections across America's 1,000 largest school districts by student enrollment.

Tuesday, April 19

  • Three of the largest school districts by enrollment in New Jersey will hold general elections for three seats each. Edison Township, Newark, and Passaic are among the few remaining school districts in the state to still hold spring elections. This is the first election following the return of local control to Newark Public Schools, which had a state-appointed administrator from 1995 to 2016. Twelve candidates are running for the three open seats in the state’s largest district. Another 14 of New Jersey’s largest school districts will hold their general elections on November 8, 2016.
  • One local measure will be on the ballot in California’s Monterey County. The rezoning measure would rezone the site of the American Tin Cannery in order to allow it to be used for a hotel development project with the working title "Project Bella." The initiative was circulated by the potential site developers, Domaine Hospitality Partners, who are also supplying the $40,000 necessary to hold the election.

 

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