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The Tap: President Trump and the Conservative Political Action Conference

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February 25, 2017Issue No. 54

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The week in review: February 18 - February 24
What's on Tap next week: February 25 - March 3

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

On Friday, February 24, President Donald Trump spoke at the Conservative Political Action Conference, marking the fifth time he has delivered a speech at the annual event. After promising “one of the greatest military build-ups in American history,” Trump said, “No one will dare question as they have been because we're very depleted, very, very depleted. Sequester. Sequester. Nobody will dare question our military might again. We believe in peace through strength and that's what we will have.” Trump also criticized the media for using anonymous sources. “A few days ago I called the fake news the enemy of the people. And they are. They are the enemy of the people. … But I am only against the fake news, media or press. Fake, fake. They have to leave that word. I'm against the people that make up stories and make up sources. … And they shouldn't use sources. They should put the name of the person. You will see stories dry up like you've never seen before,” he said.

 

Federal

The Week in Review

Sunday, February 19

Sen. McCain discusses the importance of a free press

  • During an interview with NBC News' Chuck Todd, Sen. John McCain (R-Ariz.) criticized President Donald Trump’s description of certain media outlets as “fake news media” and “the enemy of the American people” over Twitter. McCain said, “We need a free press. We must have it. It's vital. If you want to preserve — I'm very serious now — if you want to preserve democracy as we know it, you have to have a free and many times adversarial press. And without it, I am afraid that we would lose so much of our individual liberties over time. That's how dictators get started." Todd followed, "That's how dictators get started, with tweets like that?" McCain replied, "No. They get started by suppressing a free press. In other words, a consolidation of power, when you look at history, the first thing that dictators do is shut down the press. And I'm not saying that President Trump is trying to be a dictator. I'm just saying we need to learn the lessons of history.”

FEC commissioner resigns

  • Ann Ravel, a Democratic member of the Federal Election Commission (FEC), resigned from her post on February 19, 2017. In her resignation letter, Ravel asked President Donald Trump to re-examine campaign finance laws and criticized the Supreme Court’s ruling in Citizens United. She wrote, “I respectfully urge you to prioritize campaign finance reform to remedy the significant problems identified during the last election cycle. Disclosure laws need to be strengthened; the mistaken jurisprudence of Citizens United reexamined; public financing of candidates ought to be expanded to reduce reliance on the wealthy; and commissioners who will carry out the mandates of the law should be appointed to the expired terms at the FEC.” Ravel’s term was set to end in October 2019.
    • The FEC is led by six members. They are appointed by the President of the United States and confirmed by the Senate. They each serve six-year terms, with two seats up for appointment every two years. To prevent partisanship, no more than three members can be from the same political party.

Monday, February 20

DHS releases two guidance memos on immigration enforcement

President Trump visits the National Museum of African American History and Culture

  • President Donald Trump, joined by his daughter, Ivanka Trump, Secretary of Housing and Urban Development nominee Ben Carson, and Sen. Tim Scott (R-S.C.), toured the National Museum of African American History and Culture. Trump commented on prejudice and the recent desecration of a Jewish cemetery in remarks to the press following the tour, saying, “This tour was a meaningful reminder of why we have to fight bigotry, intolerance and hatred in all of its very ugly forms. The anti-Semitic threats targeting our Jewish community and community centers are horrible and are painful, and a very sad reminder of the work that still must be done to root out hate and prejudice and evil. … We have a divided country. It’s been divided for many, many years, but we’re going to bring it together.”

Trump appoints new national security advisor

  • President Donald Trump appointed H.R. McMaster as national security advisor. After accepting the position, McMaster said, "I'd just like to say what a privilege it is to be able to continue serving our nation. I'm grateful to you for that opportunity. And I look forward to joining the national security team and doing everything I can to advance and protect the interests of the American people." McMaster is a lieutenant general in the United States Army, and he will remain on active duty while serving as national security advisor. He is the first active duty military officer to serve in the position since General Colin Powell, who served in the Reagan administration from 1987 to 1989. McMaster replaces retired Lieutenant General Michael Flynn, who resigned amid reports that he did not provide Vice President Mike Pence with accurate information about a conversation that he had with a Russian ambassador concerning sanctions against the country.
  • The Washington Post reported that President Donald Trump would issue an executive order directing the Environmental Protection Agency (EPA) to revise the Clean Power Plan, a federal rule finalized in 2015 aimed at reducing carbon dioxide and similar emissions from existing oil, coal, and natural gas-fired power plants. The rule, issued by the Obama administration, is aimed at reducing emissions in an effort to limit potentially human-caused global warming. Trump promised during the campaign to reverse regulations on coal mining and coal-based electricity generation. In addition, the executive order would direct the U.S. Department of the Interior to end the moratorium on coal leasing on federal land.
    • Opponents of the Clean Power Plan argued that the rule would lead to higher energy prices and fewer jobs and would have no effect on rising global temperatures associated with global warming. Proponents of the plan argued that the rule is necessary to reduce coal, oil, and natural gas use that proponents argue have contributed to potentially human-caused global warming.
  • The Washington Post reported that President Trump would issue an executive order directing the EPA and the U.S. Army Corps of Engineers to revise the Waters of the United States rule, a rule finalized in 2015 aimed at clarifying which bodies of water fall under federal jurisdiction, which applies to any private individual, group, or business whose activities could affect these waters.
    • Opponents of the rule argued that it is an unnecessary expansion of federal authority and would hinder economic activities and private property use. Proponents of the rule argued that the rule is necessary to protect water quality from potential pollutant discharges related to land development.

Tuesday, February 21

  • President Donald Trump sent a letter to the National Ethanol Conference affirming his support for the Renewable Fuel Standard (RFS), a federal mandate passed in 2005 requiring transportation fuel sold in the United States to include a minimum amount of renewable fuels, such as ethanol and biofuel. Trump said that renewable fuels should play an important role in U.S. energy policy. EPA Administrator Scott Pruitt said during his confirmation hearings that he would implement the Renewable Fuel Standard as administrator. Opponents of the RFS argue that the policy raises food (such as corn) and energy prices and is a subsidy that removes incentives for the ethanol and biofuel industries to produce more economically viable fuels.

SCOTUS returns for its February sitting

  • The U.S. Supreme Court reconvened for its February sitting and heard arguments in two cases.
    • In Hernandez v. Mesa, the court examined whether the parents of a Mexican citizen killed on Mexican soil by a U.S. Border Patrol agent firing from U.S. soil could bring a cause of action against the agent under the Fifth Amendment to the U.S. Constitution. A three-judge panel of the United States Court of Appeals for the 5th Circuit held that such a claim could be brought, but the full appeals court, rehearing the case en banc, reversed, holding that no case law existed at the time of the shooting that would have informed the agent that his conduct violated the Fifth Amendment.
    • In McLane Company v. EEOC, the court considered the appropriate standard for federal appellate courts to use when reviewing a federal district court’s judgment on an administrative subpoena request made by the Equal Employment Opportunity Commission. Typically, federal appeals courts give deference to a district court’s decision on EEOC subpoena requests, but the Ninth Circuit Court of Appeals reviews such requests de novo; that is, the court reviews such subpoena requests as if no district court action had occurred. The Ninth Circuit is the only federal appeals court that does not afford deference to district court actions on such subpoenas.

Hundreds protest McConnell event

  • Senate Majority Leader Mitch McConnell spoke at a local chamber of commerce event, drawing hundreds of protesters who gathered outside of the event. McConnell responded to the protesters during the event, saying, “Why are they protesting? They don't like the results of election… winners make policy and losers go home.” McConnell also said that he believed the protesters had a right to be there and that “as long as you do it peacefully, I'm proud of that.”

Wednesday, February 22

Trump administration rescinds federal protections for transgender students

  • In a joint letter, officials from the Departments of Justice and Education notified schools across the nation that guidance issued by the Obama administration, which established protections for transgender students to use public school restrooms corresponding with their gender identity, were rescinded.
    • At issue, according to the letter, was whether such an allowance was legally required under Title IX of the Education Amendments of 1972. "This interpretation has given rise to significant litigation regarding school restrooms and locker rooms. ... In addition, the Departments believe that, in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy," the officials wrote.
    • Secretary of Education Betsy DeVos released a statement emphasizing that schools should be “free of discrimination, bullying and harassment.” Transgender bathroom access, however, was “an issue best solved at the state and local level,” DeVos wrote.

SCOTUS hears an appeal from the Kentucky Supreme Court

  • The U.S. Supreme Court heard arguments in Kindred Nursing Centers v. Clark, an appeal from a decision of the Kentucky Supreme Court. The court evaluated a Kentucky Supreme Court rule that power-of-attorney covenants must contain explicit language authorizing the agent acting as power-of-attorney to enter into arbitration agreements on behalf of the principal. Such a rule only applies to arbitration agreements in Kentucky and not to other types of contracts. Kindred Nursing Centers argued that Section Two of the Federal Arbitration Act (FAA) declared Congress' clear intent to treat arbitration agreements on equal footing with any other type of contract and made the enforcement of such agreements a matter of federal law. Kindred asserted that the Kentucky rule putting arbitration agreements into a special status was in violation of the FAA.

SCOTUS issues rulings in three cases

  • The U.S. Supreme Court issued rulings in three cases on Wednesday:
    • In Fry v. Napoleon Community Schools, the court unanimously vacated and remanded the judgment of the Sixth Circuit Court of Appeals. This case arose after a minor child with cerebral palsy was initially not permitted to bring her service dog, a Goldendoodle named Wonder, to school with her. The parents later removed the child, enrolled her in another district, and brought suit against the former school and various district officials under the Americans with Disabilities Act and the federal Rehabilitation Act. In an opinion by Justice Elena Kagan, the court held that in order to pursue an alleged claim of discrimination based on a student’s disability against a school district, a claimant need not first exhaust all administrative remedies under the Individuals with Disabilities Education Act (IDEA), unless the claim is that a school district has denied the student a free appropriate public education (FAPE). The court subsequently remanded the case to the Sixth Circuit to analyze the nature of the claim. Justice Samuel Alito authored an opinion concurring in part and in the judgment which was joined by Justice Clarence Thomas. The opinion was Justice Kagan’s first authored opinion this term.
    • In Life Technologies Corp. v. Promega Corp., a unanimous seven-justice court reversed and remanded the judgment of the U.S. Court of Appeals for the Federal Circuit. After hearing oral argument, Chief Justice John Roberts recused himself from the case upon discovering that his stock holdings created a possible conflict of interest. In an opinion by Justice Sonia Sotomayor, the court held that one single component could never constitute a substantial portion of a patented, multicomponent invention so as to trigger patent infringement liability under 35 U.S.C. §271(f)(1). Justice Samuel Alito authored an opinion concurring in part and in the judgment which was joined by Justice Clarence Thomas. The opinion was Justice Sotomayor’s third authored opinion this term and was the first opinion announced from the court’s December sitting.
    • In Buck v. Davis, a six-justice majority reversed and remanded the judgment of the Fifth Circuit Court of Appeals. In his opinion for the court, Chief Justice John Roberts held that Fifth Circuit erred in denying a defendant convicted of capital murder a certificate of appealability (COA), which would have given the defendant (Buck) the opportunity to bring alleged claims both of ineffective assistance of counsel and of an inappropriate denial of federal procedure before the Fifth Circuit for appellate review. The Chief Justice held that Buck had demonstrated grounds to bring both of his claims before the Fifth Circuit and that the circuit court was wrong to deny the COA. The opinion was the Chief Justice’s first authored opinion this term. Justice Clarence Thomas issued a dissenting opinion which was joined by Justice Samuel Alito. Justice Thomas’ dissent was the first dissenting opinion in any case this term. The court has issued an opinion in nine argued cases so far this term; Buck v. Davis was the first case not to be decided unanimously.

Town hall events are held across the country

  • During the congressional recess, many members of Congress held town hall meetings with constituents or were criticized for not holding these meetings. Arkansas Sen. Tom Cotton addressed a heated crowd of over 1,000 constituents at one of the most recent town hall events on Wednesday. Cotton answered questions on a wide variety of issues from the repeal of Obamacare to the funding of a wall with Mexico. Chanting of “do your job” and “tax return” broke out several times during the event, but there was also applause for Cotton. Cotton also addressed the concern of paid protesters that had been raised in the past, saying, “I don't care if anybody here is paid or not. You're all Arkansans. Thank you for everyone coming out.”

Thursday, February 23

Mnuchin calls for tax changes before August

  • In an interview with CNBC, Treasury Secretary Steve Mnuchin called tax reform his most important priority. Mnuchin claimed his tax plan will be focused on middle-class tax cuts and simplifications to the tax code. He predicted that this tax plan, along with regulatory changes, would lead to a 3 percent economic growth, exceeding the 1.8 percent projection of the Federal Reserve and Congressional Budget Office. Mnuchin said he wants to see tax reforms passed before August, but also predicted that the resulting growth wouldn’t be noticeable until the end of the year.
  • House Financial Services Chairman Jeb Hensarling, along with 33 Republican lawmakers, sent a letter to Federal Reserve Chair Janet Yellen saying they are willing to use their authority under the Congressional Review Act to overturn regulations if the Fed does not pause rulemaking before the Senate confirms a vice-chairman of banking supervision. The Congressional Review Act allows Congress, with the backing of the president, to block proposed regulations from regulatory authorities by a majority vote. The vice chairman position has not been filled since its creation with the passage of the Dodd-Frank Act in 2010. President Donald Trump has not yet nominated someone to fill the position.

Recreational marijuana use under the Trump administration

  • White House press secretary Sean Spicer indicated during a press conference that the Trump administration might make an increased effort to enforce federal laws against recreational marijuana use. When asked about it, he said, "I think that's a question for the Department of Justice. I do believe you'll see greater enforcement of it. Because again there's a big difference between the medical use ... that's very different than the recreational use, which is something the Department of Justice will be further looking into." Recreational marijuana use is legal in eight states: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington.

Tillerson and Kelly meet with Mexican officials

  • Secretary of State Rex Tillerson and Homeland Security Secretary John Kelly met with Mexican officials, including President Enrique Peña Nieto, to discuss President Donald Trump’s immigration executive orders, as well as trade, energy, legal migration, security, and education exchanges. In a joint statement, Tillerson and Kelly said, “In our meetings, we jointly acknowledged that, in a relationship filled with vibrant colors, two strong sovereign countries from time to time will have differences. We listened closely and carefully to each other as we respectfully and patiently raised our respective concerns.” After the meeting, Mexican Foreign Affairs Secretary Luis Videgaray said, “Reaching agreements with the U.S. will be a long road, but today we have taken a step in the right direction. The differences persist, and we will continue to work on issues of interest for Mexicans as they will continue to do so for Americans.”

 

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 Supreme Court continues its February sitting and will hear arguments in four cases next week. The first of these arguments are scheduled for Monday, February 27, 2017.

What’s On Tap Next Week

Monday, February 27

SCOTUS continues its February sitting

  • The U.S. Supreme Court continues its February sitting with arguments in two cases:
    • In Packingham v. North Carolina, the court will consider whether a North Carolina statute prohibiting registered sex offenders from accessing commercial social networking websites violates the First Amendment.
    • In Esquivel-Santana v. Sessions, the court will hear arguments over whether a conviction for unlawful sexual intercourse with a minor under California law constitutes an aggravated felony under U.S. immigration law sufficient to remove the offender from the United States.

Senate vote on Zinke nomination for Secretary of the Interior

  • A U.S. Senate vote to end debate on Rep. Ryan Zinke's (R-Mont.) nomination as Secretary of the Interior is scheduled for Monday, February 27. Katie Waldman, the press secretary for Sen. Steve Daines (R-Mont.), said that Zinke’s confirmation vote would come no later than Wednesday, March 1. The Senate failed to move Zinke's confirmation forward by a voice vote on February 20, with Republicans largely supportive of Zinke's nomination and Democrats largely opposed.

Tuesday, February 28

SCOTUS reviews sentencing discretion under sentencing guidelines

  • The U.S. Supreme Court will hear arguments in Dean v. United States. In this case, the court will consider if federal district judges in the Eighth Circuit are impermissibly limited in exercising sentencing discretion for certain federal crimes by an Eighth Circuit precedent, United States v. Hatcher.

Two federal judges elect to take senior status

Wednesday, March 1

SCOTUS looks at insurance law in Missouri

  • The U.S. Supreme Court will hear arguments in Coventry Health Care of Missouri v. Nevils. In this case, the court will consider whether state laws that prohibit insurance companies from claiming the proceeds of personal injury settlements pursuant to their contracts are preempted by a federal law, the Federal Employees Health Benefits Act (FEHBA).

 

Where was the president last week? Federal judiciary
President Donald Trump traveled back to Washington, D.C., on Monday after spending the weekend at Mar-a-Lago. The rest of the week was spent in D.C., including meeting with Secretary of State Rex Tillerson in advance of Tillerson’s Thursday trip to Mexico.  
  • 126 total federal judicial vacancies
  • 1 pending nomination
  • 14 future vacancies

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

State and Local

What's on tap?

State

  • State legislative special elections generally pass us by like ships in the night, but the February 25 special election in Delaware has caught the attention of political analysts and party insiders throughout the country. The race for the District 10 Senate seat is one of the first state legislative elections to take place since Republican Donald Trump (R) took office as president of the United States on January 20, 2017. In addition to that, it offers Republicans the opportunity to take control of the Delaware State Senate for the first time in more than four decades.

Local

  • As of February 20, the total spending in the election for three seats on the Los Angeles Unified School District school board has reached $3,358,847. Satellite spending—when a group or political action committee chooses to support or oppose a candidate or ballot measure—for the 11 other city contests, including the race for mayor, totals $465,803. There is no limit to satellite spending in elections, as long as the candidate or the candidate’s campaign plays no part in managing the spending. The majority of the spending was in District 4, where board president Steve Zimmer is running for re-election. Roughly $1,256,121 has been spent in an effort to defeat Zimmer, while Zimmer’s campaign has spent about $705,157 on his behalf. A primary election will be held on March 7, and the general election will be held on May 16. The Los Angeles Unified School District is the largest school district in California and served 646,683 students during the 2014-2015 school year—approximately 10 percent of all public school students in the state.
    • Earlier in the month, local teachers union United Teachers Los Angeles formally endorsed Zimmer and contributed $150,000 to an independent campaign on his behalf. On January 17, former Los Angeles Mayor Richard Riordan (R), who served from 1993 to 2001, made a $1 million contribution to an independent campaign backing one of Zimmer’s challengers, Nick Melvoin. Both Melvoin and another Zimmer challenger—Allison Holdorff Polhill—have benefited from allied independent campaigns on their behalf. Respectively, $242,157 and $183,415 has been spent on each candidate.
    • These large donations highlight the role unions have previously played in LAUSD board elections. According to the Los Angeles Times, Riordan has often been at odds with the teachers union, dating back to his time as mayor. Riordan and billionaire-philanthropist Eli Broad donated big money in the 2013 LAUSD election to defeat union-backed candidates. During the elections in 2015, a political action committee controlled by the California Charter Schools Association Advocates served as the pipeline for contributions to candidates without union support. That year, three of the four candidates backed by the pro-charter organization won election to the board. Scott Mark Schmerelson was the only union-backed candidate to win, defeating incumbent Tamara Galatzan by over 3,000 votes. Zimmer was backed by unions during his campaign in 2013, and his supporters successfully framed the large donations made by billionaires to defeat Zimmer as positive points for his re-election.
 

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. 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. 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.

2018

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

Monday, February 20

Lawsuit Over Legislation in Iowa

  • A union that represents 40,000 government workers filed a lawsuit to try and stop legislation signed into law last week impacting collective bargaining in Iowa. An attorney representing the group called the new law draconian in the official complaint, which seeks an injunction to halt the law’s implementation. One particular point of contention in the lawsuit is the provision in the law that exempts police and firefighters from changes to collective bargaining. The suit argues that the law violates the state constitution by creating what it terms as “favored” and “disfavored” groups of government workers.
    • Iowa Attorney General Thomas John Miller (D) announced that he would not defend the state in the lawsuit filed against the legislation. He said that he would instead advise the governor on seeking outside legal assistance in order to avoid any potential conflicts of interest. In his announcement, Miller noted that some of the organizations affected by the new law had supported him in the past. Iowa is one of four Republican trifectas that has a Democratic attorney general. The other three are Kentucky, Mississippi, and New Hampshire.
    • The Iowa General Assembly passed House File 291 last Thursday, which would limit most public-sector union contract negotiations to only base wages. These unions would no longer be allowed to negotiate over things like health insurance, evaluation procedures, and leaves of absence for political purposes. HF 291 passed the state House with all Democrats and six Republicans dissenting and passed the state Senate along party lines. HF 291 sparked three days of debate and protest at the state capitol. Gov. Terry Branstad (R) signed the bill into law on Friday. Republicans won control of the state Senate in the 2016 elections, making Iowa one of 25 Republican trifectas.

Presidential Popular Vote Legislation in New Mexico

  • The New Mexico State Senate approved a bill that would allow it to join 10 other states in a push for national presidential elections to be decided by popular vote. Senate Bill 42 was passed 26-16 along party lines and is the first of its type passed in the country this year. The bill’s sponsor, Mimi Stewart (D), said that moving towards a national popular vote would “begin the process of regaining the voters’ trust in our elections and ensure their voices are equal to every voter across the country.” The chamber’s Republicans criticized the move coming on the heels of Donald Trump’s victory in November 2016. “Just because we didn’t get our way means we pout and change the entire system,” said Cliff R. Pirtle (R). Trump won the Electoral College vote but lost the popular vote to Hillary Clinton (D) 45.9 to 48 percent. Prior to the 2016 presidential election, a split between the popular vote and electoral college had only happened three times: 2000, 1888, and 1876. Because Democrats control the house in New Mexico, SB 42 could pass through the legislature. To become law, however, it would need to be signed by Gov. Susana Martinez (R). In order to override a veto, Democrats would need help from Republicans in order to meet the two-thirds majority requirement. New Mexico is currently one of 19 states under divided government.

LRCA Passes First Session Vote in Virginia

  • Following approval by the Virginia House of Delegates, a constitutional amendment that would empower the legislature to approve or reject any administrative rule cleared its first hurdle to make the 2018 ballot. The measure would authorize the state legislature to review any administrative rule to determine if it is consistent with the intent of the statute that the rule was developed to interpret, implement, or enforce. The amendment needs to be approved again by both chambers of the legislature during its 2018 session to be certified for the ballot. Virginia is currently under divided government, with a Republican-controlled legislature and a Democratic governor.
    • This is one of two bills under consideration in the state legislature to give legislators more control over administrative rules.
    • A similar law was put on the ballot by the legislature in Idaho and approved by voters in November 2016.

Tuesday, February 21

Maryland Semiautomatic Weapon Ban Upheld

  • The U.S. Court of Appeals for the Fourth Circuit ruled 10-4 to uphold Maryland’s ban on semiautomatic guns with certain military-style features. The ban upheld in this case is similar to ones passed by seven other states in recent years. Writing for the majority, Judge Robert King said, “assault weapons and large-capacity magazines are not protected by the Second Amendment.” In the dissenting opinion, Chief judge William Traxler spoke out against the court’s majority, claiming that they have “gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.” Of the 15 judges on the court, 10 were appointed by Democratic presidents, while five were appointed by Republican presidents.

Planned Parenthood Defunding Vetoed in Virginia

  • Virginia Gov. Terry McAuliffe (D) vetoed legislation that would have blocked state funding for Planned Parenthood. The law would restrict funding for abortions that don’t qualify for matching funds under Medicaid, which is limited to cases of rape, incest, or what the law calls gross fetal anomalies. In a statement, McAuliffe said that such a law would impede quality of life in the state. Supporters of the legislation said that it “ensures that hospitals, federally qualified health clinics and rural health clinics are funded over abortion centers.” A veto override would require a two-thirds majority vote from both chambers. Virginia is currently one of 19 states under divided government.
    • The Virginia State Senate voted 20-19 along party lines to approved the bill on February 14, while the Virginia House of Delegates passed the legislation on February 7. McAuliffe had publicly stated he would veto the legislation when it was sent to him.

Medical Marijuana in Indiana

  • The Indiana House of Representatives voted 98-0 on a bill that would approve medicine derived from marijuana as a treatment for epilepsy. The cannabidiol oil cannot be used by patients in the same way marijuana is used recreationally, but compounds in the oil have been shown to lessen the effects of some forms of epilepsy. The state Senate previously passed a similar bill, so the two chambers will now work together to reconcile any differences in the two pieces of legislation. Indiana is currently one of 25 Republican trifectas.

Opiate Legislation Filed in South Carolina

  • A group of Republican lawmakers filed 10 pieces of legislation to address what they see as a growing opioid and heroin epidemic in the state. One piece of legislation would require doctors to participate in a prescription drug database to track patient prescriptions between doctors. According to Rep. Phyllis Henderson (R), only about 30 percent of physicians currently participate in the state database, and such participation is mandatory in other states. A press release issued by the legislators said that “the proposed pieces of legislation, and other pieces forthcoming, will be a strong attempt to address the statewide issue of heroin and opioid abuse.” South Carolina is currently one of 25 Republican trifectas.
    • Last week, New Jersey Gov. Chris Christie (R) signed legislation into law that limits initial prescriptions for pain-killing opioids to five days and requires insurance companies to accept addicts into treatment programs without delay. Christie had challenged the legislature to send him a bill aimed at opioids within 30 days of his January 10 State of the State address. The Medical Society of New Jersey spoke out against the law, saying it limits doctors’ ability to treat patients. Supporters of the law, however, said that it allowed doctors to extend prescriptions beyond the five days if painful symptoms were still occurring. Nearby, New York, Maine, and Massachusetts have previously passed similar laws with seven-day limits on pain prescriptions. New Jersey is currently one of 19 states with a divided government.

Maine Initiative Certified

  • The Maine Medicaid Expansion Initiative was certified to appear before the state legislature during its 2017 session. The measure would require the state to provide Medicaid services through MaineCare for persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line, as provided for by the Affordable Care Act. If the legislature approves the initiative as written, it will be enacted. If the legislature defeats or ignores the initiative, it will appear on the ballot in Maine for the election on November 7, 2017. Supporters of the initiative submitted 70,302 signatures to the secretary of state's office on January 25, 2016, which was more than the 61,123 valid signatures needed for the measure to be certified. 66,434 of those signatures were deemed valid. There is currently one measure certified for the ballot in 2017 in Maine and another measure awaiting action by the legislature.
    • Maine's Medicaid program is known as MaineCare. As of January 1, 2017, Maine had not expanded Medicaid under the Affordable Care Act (ACA). In his 2014 State of the State address, Governor Paul LePage (R) stated his opposition to Medicaid expansion, saying that "[w]e must protect our hard-working families from the higher insurance premiums and higher taxes that will result from further expansion." The state legislature passed bills expanding Medicaid under the ACA five times, but Gov. LePage vetoed each bill.

Primary Election for Wisconsin Superintendent

Marsy’s Law Passes Oklahoma House

  • The Oklahoma House of Representatives passed HJR 1002, which would establish a Marsy’s Law in the state. If it is also passed by the Oklahoma State Senate, the constitutional amendment would be placed on the 2018 ballot in Oklahoma. The amendment would provide crime victims with specific rights, such as the right to be notified about and present at proceedings, to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused, to be reasonably protected from the accused, to be notified about release or escape of the accused, to refuse an interview or disposition at the request of the accused, and to receive restitution from the individual who committed the criminal offense. A similar measure has been proposed for the 2017 ballot in Ohio. Oklahoma is currently one of 25 Republican trifectas.
    • The type of crime victim legislation addressed by this measure is often referred to as a Marsy's Law. Henry Nicholas, the billionaire co-founder of Broadcom Corp., started campaigning for this kind of legislation to increase the rights and privileges of victims; he was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in Montana, South Dakota, and North Dakota—which all passed—and legislative proposals in Georgia, Hawaii, Kentucky, North Carolina, and Nevada. The legislation is named after Henry Nicholas' sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Henry and his mother were also confronted by Marsy's ex-boyfriend after his release from prison; they were unaware of his release from prison on bail.

Wednesday, February 22

Kansas Tax Veto Upheld

  • Kansas Gov. Sam Brownback’s (R) veto of proposed tax increases survived the Republican-controlled Kansas State Senate by three votes. The proposed legislation was projected to raise $2 billion over the next two years by increasing income tax rates and eliminating some business tax exemptions. The lower chamber voted to override the veto, getting one more vote than the 84 necessary. In defending his veto, Brownback said he supported finding savings in the state budget rather than increasing taxes. Kansas is currently one of 25 Republican trifectas, and Republicans hold 116 of the 165 seats in the state legislature.

Constitutional Carry Becomes Law in New Hampshire

  • New Hampshire Gov. Chris Sununu (R) signed a bill into law that makes New Hampshire the 12th state to implement what is commonly referred to as constitutional carry. The legislation allows citizens to carry firearms without a permit, such as a concealed carry permit. A similar bill passed both chambers last year but was vetoed by then-Gov. Maggie Hassan (D). With Sununu’s victory in the 2016 gubernatorial election, New Hampshire became one of 25 Republican trifectas.

Kentucky Looking at Expanding Gubernatorial Control Over University Boards

  • A Kentucky State Senate committee advanced a bill to the full chamber that would give the governor powers to reorganize university boards or remove board members. The bill came in response to Gov. Matt Bevin’s (R) dissolution and replacement of the University of Louisville board earlier this year, citing dysfunction within the board. This caused the Southern Association of Colleges and Schools (SACS) to place the school on probation. Senate President Robert Stivers (R), the bill’s sponsor, said he hoped it addressed the concerns raised by SACS and would reinstate the school’s accreditation. A court blocked Bevin’s replacement of the board, but the legislature eventually made the changes through legislation. Kentucky is currently one of 25 Republican trifectas.

Louisiana Concludes Special Budget Session

  • The Louisiana State Legislature concluded a special session aimed at closing a $304 million budget deficit for the current fiscal year. The agreed upon plan uses $99 million from the state’s rainy day fund, in addition to cuts to state agencies and drawing funding from other sources. Gov. John Bel Edwards (D) said the deal left everyone “reasonably satisfied,” but said that he wants legislators to focus on budget stabilization in the future. According to The Advocate, over the last 15 years, Louisiana has had a mid-year budget deficit in nine of them. Louisiana is currently one of 19 states under divided government.

Montana Legislative Referral Certified

  • The Montana State Legislature certified a measure for the 2018 ballot that would renew a six-mill tax on real estate and personal property to provide funding for the Montana University System (MUS) from January 1, 2019, through December 31, 2028. A six-mill tax rate is equivalent to $6 for each $1,000 of a property's taxable value, and projects to provide an estimated $20.9 million in fiscal year 2020 and $21.5 million in fiscal year 2021. MUS is composed of sixteen public institutions of higher education, including two state university systems and three community colleges. So far, it is the only measure certified for the 2018 ballot in Montana.
    • In 1920, Montanans approved Initiative 18, which enacted a 1.5-mill tax for 10 years to provide funding for the state university system. The six-mill tax for higher education was first levied after a public vote in 1948 and was reauthorized at the ballot box every 10 years, including in 1958, 1968, 1978, 1988, 1998, and 2008. The highest margin of approval for the tax was 67.24 percent in 1978, and the lowest margin of approval was 51.51 percent in 1958. The average approval rate of the seven times the tax was voted on was 60.10 percent.

Automatic Voter Registration Measure in Nevada

  • The Nevada State Assembly passed an indirect initiative 27-15 along party lines that could lead to the automatic voter registration of qualified citizens when receiving services, such as applications and renewals, from the Department of Motor Vehicles. To become law, the Nevada Automatic Voter Registration Initiative would need to also be approved by the state Senate and signed by the governor. Otherwise, it will appear on the November 2018 ballot for voter approval. As of December 2016, California, Connecticut, Oregon, Vermont, West Virginia, and Washington, D.C. had authorized automatic voter registration systems, all through their respective Department of Motor Vehicles. Nevada is currently one of 19 states under divided government.

Another LRCA Passes First Session Vote in Virginia

  • Following approval by the Virginia House of Delegates, a constitutional amendment that would authorize the state legislature to suspend or nullify administrative rules and regulations by a simple majority vote of the house and senate cleared its first hurdle to make the 2018 ballot. The measure would also empower the legislature to establish a legislative committee or commission to suspend administrative rules and regulations until the end of the next regular session while the legislature is not in a regular session. The amendment needs to be approved again by both chambers of the legislature during its 2018 session to be certified for the ballot. Virginia is one of 12 states that require an LRCA to pass in two consecutive legislative sessions.
    • This is one of two bills under consideration in the state legislature to give legislators more control over administrative rules.
    • A similar law was put on the ballot by the legislature in Idaho and approved by voters in November 2016.

Thursday, February 23

Washington Gov. Signs Executive Order on Immigration Enforcement

  • Washington Gov. Jay Inslee (D) signed an executive order stating that state workers and agencies could not use resources to request documents about someone’s immigration status or religious affiliation. In a statement, Inslee said that the order would shift workers’ focus to serving customers. “Their role is to fulfill missions of providing services to Washingtonians, not enforcing immigration statutes,” he said. The governor did say, however, that the state would honor any federal criminal arrest warrants in immigration cases. Washington is currently one of 19 states under divided government.
    • Washington’s Attorney General is currently involved in a lawsuit with the federal government over immigration. Bob Ferguson (D) and Minnesota Attorney General Lori Swanson (D) filed suit following an executive order that barred individuals from seven countries from entering the United States and suspended the refugee admissions program. As of February 6, 16 of the 19 other Democratic attorneys general in the country had filed a friend-of-the-court brief in support of the lawsuit.

Arkansas House Passes Voter ID Amendment

Arizona House Approves LRCAs to Repeal Proposition 105

 

What’s On Tap Next Week

Saturday, February 25

Delaware Special Election

  • Partisan control of the Delaware State Senate will be decided in one of the most closely watched special state legislative elections of the year thus far. The chamber became split 10-10 in early January 2017 after Democrat Bethany Hall-Long vacated the District 10 seat to be sworn in as lieutenant governor of Delaware. Vying to replace her are Democrat Stephanie Hansen, Republican John Marino, and Libertarian Joseph Lanzendorfer. If Marino wins the election, Republicans will control the chamber for the first time in more than 40 years and break the state’s Democratic trifecta, which has been in place since 2009. The race has also drawn attention as one of the first electoral contests to take place since Donald Trump (R) took office, giving it the potential to offer a preview of how competitive down-ballot races might play out during Trump’s first term. In the 2016 presidential election, District 10 voters backed Democrat Hillary Clinton over Trump 54 to 41 percent. The last time the seat itself was up for election, however—in 2014—Democrats carried it by just 267 votes. The Republican candidate in the 2017 special election, John Marino, was also the Republican candidate for the seat in 2014.
    • Spending in this race has been high relative to usual elections in this chamber. The News Journal reported that more than $1 million had been spent in the race as of February 21. Hansen had raised $414,000 and spent $231,000. A PAC supporting her had spent an estimated $550,000. Marino had raised close to $150,000 and spent $96,000. A PAC supporting him had spent $35,000. Comparatively, winners of elections in the past across the full chamber had spent between $50,000 and $100,000, on average.
    • Both former Vice President Joe Biden (D) and former Governor of Maryland Martin O’Malley (D) spent time campaigning on behalf of Stephanie Hansen (D) in Delaware last week.
    • See also: Delaware state legislative special elections, 2017

Tuesday, February 28

Connecticut Special Elections

  • Partisan control of the Connecticut State Senate is up for grabs with a pair of seats up for special election. Connecticut Democrats headed into the November 2016 election with a 21 to 15 majority but left in an even 18 to 18 split with Republicans. In early January 2017, two resignations from the Senate— Eric Coleman, a Democrat, and Robert Kane, a Republican—dropped the chamber's partisan balance from 18-18 to 17-17. A seat in the Connecticut House of Representatives is also up for election.
    • The chances of these races actually altering the chamber's partisan composition are slim based on historical results in the districts. In three elections between 2012 and 2016, the District 2 seat—vacated by Eric Coleman (D)—leaned heavily Democratic. Coleman's margins-of-victory ranged from 58 percentage points to 71 percentage points. Hillary Clinton (D) won District 2 over Donald Trump (R) in the 2016 presidential election, 83 to 14 percent. District 32, on the other hand, leaned heavily Republican in elections between 2012 and 2016. Robert Kane (R), who vacated the seat in January 2017, won three elections in this time period with margins-of-victory ranging from 27 percentage points to 35 percentage points. Donald Trump won District 32 over Clinton in 2016, 57 to 39 percent.
    • See also: Connecticut state legislative special elections, 2017

 

State government in session

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State trifectas 2-24-17.png

State government special elections

As of this week, six state legislative seats have been filled through special elections in 2017. Another 22 elections (not including runoffs) have been scheduled in 12 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 issued an order on January 10, 2017, that would cancel 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: February 25, 2017:

February 28, 2017:

March 7, 2017:

Local

The Week in Review

Elections Update

  • In 2017, Ballotpedia is covering municipal elections across 51 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 464 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 two city elections, one county election, 22 school board elections, and five school board primary elections. Ballotpedia will cover approximately 100 local ballot measures in California in 2017.
    • One local ballot measure election occurred in California on January 10, when a fire district parcel tax was approved. The next local ballot measure elections in California are on February 28—when a property owner-only election will take place in Santa Barbara County—and March 7—when local voters will decide 19 measures. Los Angeles city voters will decide four measures, including Measure S, a development-related initiative.

Tuesday, February 21

Dallas corruption trial to begin

  • In Dallas, jury selection began in the trial of former Dallas County Commissioner John Wiley Price. Price, who represented southern Dallas County for more than three decades before the FBI raided his office in June 2011, faces 11 counts of conspiracy to commit bribery, mail fraud, and income tax evasion. He is accused of trading nearly $1 million in money, cars, and land for his political influence. Price’s executive assistant Dapheny Fain and political consultant Kathy Nealy will also face trial on political corruption charges. Since his indictment in 2014, Price has maintained his innocence. Testimony in the trial is expected to begin between February 24 and 27 and both prosecution and defense attorneys have agreed to finish the trial no later than June 30, 2017. Dallas is the third-largest city in Texas and the ninth-largest city in the U.S. by population.

New child welfare commissioner appointed in New York

  • New York City Mayor Bill de Blasio (D) appointed a new commissioner to head the city’s embattled child welfare agency. David Hansell will assume leadership of the agency in March 2017, and is expected to rely more heavily on data to assess agency performance than previous commissioner Gladys Carrion. Carrion resigned in December 2016 amid allegations that the agency failed to protect children in its care. Hansell is a lawyer with a background in social services, city government, human resources, and activism. He reported to the New York Times that one of his first tasks as commissioner would be to conduct a full review of the agency’s functions to strengthen what is working and change what isn’t. New York City is the largest city in the U.S. by population.
    • New York City is holding municipal elections for mayor and city council this year. A primary election is scheduled for September 12, 2017, and the general election will be held on November 7, 2017.

Seattle mayor delivers State of the City address

  • During his annual State of the City address, Seattle Mayor Ed Murray (D) proposed tax increases to fight homelessness and improve education in the city. Murray is seeking a $55 million per year property tax levy to fight what he has called a homelessness state of emergency in the city. This would nearly double the city’s spending on homelessness with an estimated $275 million coming in over five years. The money would go toward mental health treatment, addiction treatment, and providing affordable housing for the homeless. Murray also proposed a soda tax to fund programs aimed at reducing disparities in education outcomes between the city’s white students and students of color. The tax was estimated to contribute about $16 million per year, with soda distributors paying two cents per ounce. Other cities, such as San Francisco and Philadelphia, have enacted soda taxes to fund initiatives. Both tax proposals require the approval of the city council to be placed on the ballot. Murray said he would activate the Emergency Operations Center to help people without homes. The center is traditionally only activated during natural disasters or major city events. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
    • Murray is running for re-election this year, which will take place on November 7, 2017. Seattle is also holding elections for two seats on the city council.

Wisconsin primary elections

  • A primary election was held for three circuit court judgeships in Wisconsin. The top two vote recipients for each seat advanced to the general election on April 4, 2017. Thirty-seven of the 48 Wisconsin circuit court seats up for election in 2017, or 77 percent, are uncontested. Of the 11 contested elections, only three had more than two candidates file and thereby required a primary election. Those were the Branch 3 judgeship on the Manitowoc County Circuit Court, the Branch 1 judgeship on the Polk County Circuit Court, and the judgeship on the Trempealeau County Circuit Court. The latter two judgeships both featured an incumbent running for re-election, whereas the Manitowoc County election was for an open seat. All three races drew three candidates each.
  • A primary election was held for 15 school board seats across five of Wisconsin’s largest school districts by enrollment. The largest of the districts holding primary elections in 2017 was the Madison Metropolitan School District, which served 27,274 students during the 2014-2015 school year—approximately 3.1 percent of all public school students in the state. Wisconsin will hold its general election for school boards on April 4, 2017. All 50 of the state’s largest school districts will be holding elections, with a total of 126 school board seats on the ballot.
    • Click here to learn more about developments in Wisconsin’s largest school districts and their school board elections in 2016 and 2017.

Wednesday, February 22

Trump rescinds transgender bathroom directive

  • The U.S. Department of Justice and the U.S. Department of Education released a joint letter rescinding an Obama administration directive that allowed transgender students to use the bathroom and locker room corresponding with their gender identity. The decision, made by President Trump, created friction between Education Secretary Betsy DeVos and Attorney General Jeff Sessions. Under the order, states and individual school districts will retain the ability to make their own policies on transgender bathroom use. While the order shifts regulations for gay and transgender students from the federal to the state and local level, it also includes language stating that schools must protect transgender students from bullying.
    • Bathroom access emerged as a major issue in March 2016 when North Carolina passed HB2.
      • On March 23, 2016, the Public Facilities Privacy & Security Act ( HB2) passed the North Carolina legislature and former Governor Pat McCrory (R) signed the bill into law. The act stated that individuals in government-operated facilities must use the bathroom that corresponded with the sex listed on their birth certificate. The bill reversed an earlier ruling as well as local ordinances that allowed transgender individuals to use the restroom of their preference.

Chicago property tax rebate money causes friction

  • Debates over how to spend roughly $15 million in leftover property tax rebate money has led to tension between Chicago Mayor Rahm Emanuel (D) and the Chicago City Council over the previous month. Emanuel proposed a spending package that earmarked most of the money to upgrade city park infrastructure, equip all police officers with body cameras by the end of 2017, rehabilitate vacant homes, and fund after-school programs. He changed provisions of this package after a bloc of aldermen announced their plans to vote against the proposal. A compromised was reached with the city council budget committee after Emanuel removed several provisions of his plan—including spending $500,000 to plant 1,000 trees—and promised to earmark additional funding for anti-violence programs. Opponents, including Ward 22 Alderman Ricardo Munoz, argue the compromise still doesn’t include specific funding for street-level anti-violence programs. The budget committee voted 20-4 to bring the proposal before the full city council for further consideration. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.

Protests interrupt Portland council meeting

  • Soon after it began, a Portland City Council meeting in Oregon was interrupted by protestors demanding the resignation of Mayor Ted Wheeler (D). Protesters accused Wheeler, who took office more than one month prior, of not doing enough to advance the city during his tenure. They called for Wheeler to step down and let city council president Chloe Eudaly take his place. The protest was organized in the wake of the fatal police shooting of Quanice Hayes. Hayes was shot and killed by officers when he refused to drop what was later identified to be a replica of a gun. Protesters indicated that they would continue to interrupt council meetings until Wheeler resigned. Roughly an hour into the protest, security intervened and told the protesters to leave the council chamber or face arrest. In all, 13 people—seven adults and six minors—were arrested during the protest. Police said arrests were made because no permit was obtained for the protest or for the road closures it caused. Wheeler supported the actions of the police bureau in response to the protest, but he also noted that the police must work with the government and the community to ensure a high level of police accountability. In contrast, the American Civil Liberties Union (ACLU) charged that police handled protesters violently and called for Wheeler to take action against the police department. Portland is the largest city in Oregon and the 29th-largest city in the U.S. by population.

 


 

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Fact Check

Fact Check by Ballotpedia

  • Writing on her blog following the election of President Donald Trump, Sen. Elizabeth Warren, D-Mass., said, “The truth is that people are right to be angry. Angry that wages have been stagnant for a generation, while basic costs like housing, health care, and child care have skyrocketed.” Fact Check by Ballotpedia found that Warren is incorrect about wages. The average national net compensation rose by 25 percent between 1995 and 2015, the most recent year for published data. She is correct that costs for housing, health care, and child care have all risen. But because income increased during the period, the increase in costs does not necessarily reflect a decrease in affordability.
  • The February 25th election for Delaware's 10th District senate seat may determine which party controls the chamber. In a recent debate, Republican John Marino criticized Democrat Stephanie Hansen for changing her position on standardized test opt-out, claiming, "I find it interesting that my opponent Stephanie Hansen is speaking on opt-out now when she had her position just a few days ago on her website was completely different than that [sic]." Did Hansen change her position on allowing students to opt out of standardized testing? No. Hansen's campaign website did not address opt-out, and only referred to her support for legislation to "curb over-testing."

 

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Ballotpedia wants to keep you in the know. In this weekly newsletter, we let you know the important things that happened last week in the federal, state and local levels of government, as well as what you should look for this week. The Tap covers election news, public policy, and other noteworthy events—everything you need to stay up-to-date on American politics. A summary of the in-depth, nonpartisan content that is added to Ballotpedia every week is now available in this digestible format for free to anyone who wants to be informed.

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