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The Tap: Rigged Debates

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August 20, 2016Issue No. 30

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The week in review: August 13 - August 19
What's on Tap next week: August 20 - August 26

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Federal

What's on tap?

The presidential debate system seems to be rigged to exclude independent and third party candidates. It started with a private, nonprofit organization created in 1987 by the Democratic and Republican parties to stage general election debates. This organization, the Commission on Presidential Debate, set standards that candidates must meet to be included in the debates. These standards have not only kept every third-party and independent candidate from participating in a debate, but they also would have kept every such candidate out of all previous debates had they been in place prior to their adoption in 2000. We researched this system in our latest fact check, Are the presidential debates rigged in favor of major party candidates?

 

Federal

The Week in Review

Saturday, August 13

  • The New York Times reported that some top Trump staffers were frustrated with Donald Trump’s conduct, unwillingness to adapt, and lack of knowledge about the campaigning process. “Advisers who once hoped a Pygmalion-like transformation would refashion a crudely effective political showman into a plausible American president now increasingly concede that Mr. Trump may be beyond coaching,” Alexander Burns and Maggie Haberman wrote. During a rally in Connecticut, Trump said that he was considering pulling the press credentials for The New York Times. Trump charged, “The newspaper is going to hell. They've got a couple of reporters in that newspaper who are so bad. I mean, lack of talent. But it's going to hell. So I think maybe what we will do, maybe we will start thinking about taking their press credentials away from them."

Sunday, August 14

  • Politico reported that Republican National Committee strategist Sean Spicer gave an off-the-record account of the party’s efforts to support Donald Trump’s campaign to journalists last week, suggesting that the national party has “all these staffers out there working and knocking on doors, with a data system they believe rivals what Obama build [sic] in 2012—so it’s not their fault” if Trump loses in November. According to Politico, Reince Priebus calls Trump five or six times each day and has warned him that the party could divert resources away from his campaign.
  • U.S. Rep. Mark Sanford (R-S.C.) wrote an op-ed in The New York Times calling on Donald Trump to release his tax returns. “I suggest this not as a partisan against Mr. Trump. I am a conservative Republican who, though I have no stomach for his personal style and his penchant for regularly demeaning others, intends to support my party’s nominee because of the importance of filling the existing vacancy on the Supreme Court, and others that might open in the next four years. However, my ability to continue to do so will in part be driven by whether Mr. Trump keeps his word that he will release his tax records,” Sanford wrote.
  • The U.S. Fish and Wildlife Service removed three subspecies of island fox from the federal list of endangered species. The foxes, which inhabit California, were listed as endangered in 2004. In 2000, 15 foxes each inhabited the San Miguel and Santa Rosa islands, while 55 foxes inhabited Santa Cruz Island. The fox population is now estimated at 700 foxes on San Miguel Island and 2,100 foxes on Santa Cruz Island. The species’ recovery is attributed to the relocation of predators and the breeding of foxes in captivity for release back into the wild. Federal officials estimated that the rearing of foxes in captivity cost approximately $20 million over the 12-year period. Wildlife officials had to kill thousands of pigs to force golden eagles—the main predator of the island foxes—to forage in other areas, an action that aided the foxes’ recovery. As of May 2016, there had been 698 federally listed animal species—497 endangered species and 201 threatened species—in the United States.
  • The New York Times reported that Trump campaign chair Paul Manafort was named in a handwritten ledger in Ukraine showing $12.7 million in undisclosed cash payments allocated to him. The ledger is being investigated by the National Anti-Corruption Bureau as part of a “corrupt network they say was used to loot Ukrainian assets and influence elections during the administration of Mr. Manafort’s main client, former President Viktor F. Yanukovych.“ Manafort dismissed the story in a statement, saying, “Once again, the New York Times has chosen to purposefully ignore facts and professional journalism to fit their political agenda, choosing to attack my character and reputation rather than present an honest report.” He continued, “My work in Ukraine ceased following the country’s parliamentary elections in October 2014. In addition, as the article points out hesitantly, every government official interviewed states I have done nothing wrong.”

Monday, August 15

  • Donald Trump delivered a speech on national policy in Ohio where he introduced the “three pillars” of his antiterrorism platform.
    • Trump said that he would introduce a new ideological screening test for immigrants similar to what was in place during the Cold War. “The time is overdue to develop a new screening test for the threats we face today. I call it extreme, extreme vetting. Our country has enough problems. We don’t need more,” he said. Trump continued, “In addition to screening out all members or sympathizers of terrorist groups, we must also screen out any who have hostile attitudes toward our country or its principles ― or who believe that Sharia law should supplant American law.”
    • He reiterated his call for a temporary ban on “immigration from some of the most dangerous and volatile regions of the world that have a history of exporting terrorism.”
    • Trump also emphasized the importance of alliances with "moderate Muslim reformers in the Middle East.” He said that he would seek to hold an international conference with the leaders of Jordan, Egypt, Israel, and “all others who recognize this ideology of death that must be extinguished.” Trump also noted that there was an opportunity for improved relations with Russia, saying, “I also believe that we could find common ground with Russia in the fight against ISIS. They too have much at stake in the outcome in Syria, and have had their own battles with Islamic terrorism.”
  • The Commission on Presidential Debates announced its official criteria for inclusion in the 2016 presidential debates, and current polling indicates that Gary Johnson and Jill Stein are unlikely to qualify. Candidates must reach 15 percent in an average of five national polls in order to participate in the debates. The CPD announced that it will use polling from ABC/Washington Post, CBS/New York Times, CNN/Opinion Research Corporation, Fox News, and NBC/Wall Street Journal. So far, neither Johnson nor Stein has hit 15 percent in any of these organizations' national polls.
  • Vice President Joe Biden campaigned with Hillary Clinton in Scranton, Pennsylvania. He argued that Donald Trump was too “dangerous” to be commander-in-chief. "If my son were still in Iraq and I say to all those who were there, the threat to their life has gone up a couple of clicks, it has gone up a couple clicks,” he said, referencing his son, Beau, who served in the Army and died of cancer last year. Biden added that Trump was “not qualified” to know the nuclear launch codes and could not be trusted.
  • The New York Times noted that Donald Trump “has not held a single event aimed at black voters in their communities, shunning the traditional stops at African-American churches, historically black colleges and barber shops and salons that have long been staples of the presidential campaign trail.” Although Trump’s campaigning style leans heavily towards large rallies, in general, he has rejected invitations to speak at events for black leaders, such as the NAACP, National Association of Black Journalists, and National Urban League.
    • Read more about Trump’s African American outreach director, former reality television star Omarosa Manigault.
  • The Obama administration released 15 Guantanamo Bay prisoners—the administration’s largest single release—bringing the total number of prisoners down to 61. They were transferred to the United Arab Emirates. According to the Associated Press, "The Office of the Director of National Intelligence says 5 percent of Guantanamo prisoners released since Obama took office have re-engaged in militant activities and an additional 8 percent are suspected of doing so. That compares with 21 percent confirmed and 14 percent suspected during the Bush administration."
  • Aetna, one of the five major health insurers in the country, announced its decision to exit the Affordable Care Act (ACA) exchange market in 15 states in 2017. Plans will continue to be offered on the health insurance exchanges of just four states, Delaware, Iowa, Nebraska, and Virginia. Aetna said its decision was based on losses of $200 million during the first half of 2016, which the company expects to rise to over $300 million by the end of the year. As a result of the decision, some rural areas of Arizona will not have any ACA insurance offerings in 2017, the first time such a situation has occurred in any state since the exchanges opened in 2014. Aetna is the third major insurer to reduce its participation in the ACA market, following similar announcements earlier in the year from UnitedHealthcare and Humana.
    • A spokesperson for the Clinton campaign, Jesse Ferguson, said in a statement, “The progress we’ve achieved since the Affordable Care Act became law is undeniable. … Donald Trump has no interest in building on what works.” According to The Wall Street Journal, Ferguson also cited “20 million newly insured Americans, expanded consumer protections and free preventive care” and noted Clinton’s “proposals meant to improve the system.”
    • Trump’s deputy national policy director, Dan Kowalski, said, “Aetna’s decision to leave the Affordable Care Act’s public marketplaces is the latest blow to this broken law that is slowly imploding under its regulatory red tape.” The Washington Times reports that he also said “‘millions’ of Americans saw their bare-bones plans canceled under Obamacare, because of new coverage requirements, and pointed to insurance mandates on employers that have forced some to trim payroll or slash part-timers’ hours to avoid triggering costly fines.”
    • See also: 2016 presidential candidates on healthcare
  • Department of Homeland Security (DHS) Secretary Jeh Johnson offered the assistance of the DHS and other government agencies to the National Association of Secretaries of State (NASS) and other chief election officials to protect against cyber attacks during the upcoming elections. He said that DHS can help state officials “conduct vulnerability scans, provide actionable information, and access to other tools and resources for improving cybersecurity.” According to a press release, “DHS is not aware of any specific or credible cybersecurity threats relating to the upcoming general election systems.”

Tuesday, August 16

  • Donald Trump’s campaign announced a major staffing shakeup on Tuesday. Steve Bannon, the executive chairman of Breitbart News LLC, has joined the campaign as chief executive, and Kellyanne Conway, a senior adviser and pollster for Trump, became the campaign manager. Campaign chairman Paul Manafort’s title and position with the campaign did not change as a result of the new moves. At the time, some anticipated that the transitions could signal a smaller role for Manafort, who had overseen the campaign’s messaging and strategy since the dismissal of campaign manager Corey Lewandowski in June 2016. In explaining the shakeup, Trump told The Wall Street Journal, “I want to win. That’s why I’m bringing on fantastic people who know how to win and love to win.” Manafort resigned from the campaign on Friday, August 19.
  • Republicans voiced varying reactions to the news of the staff changes:
    • Charlie Sykes (radio host): “Hiring Bannon is a sharp pivot to the dark side for Trump. We can expect more gratuitous insults, conspiracy theories, and attacks on the media, critics, other Republicans, and the kinds of viciously personal attacks on Hillary that could end up backfiring by making her an object of sympathy.”
    • David Perdue (Ga. senator): “What it’s going to allow them to do is to focus on the real issues, and that’s the failure of Barack Obama as president and the fact that Hillary Clinton is going to double down on his failed policies. … I don’t think we ought to change Trump. I think Trump is Trump.”
    • Roy Cooper (GOP consultant): “Hiring Bannon to run the campaign in the midst of its crisis is insane. Trump needs a 75 day plan. He needs a political ground strategy. He needs an organization. Instead he's bringing in someone who will encourage him to speak to the same ten people who have supported him from day one.”
    • Marjorie Dannenfelser (president of Susan B. Anthony List): “I have known and trusted Kellyanne Conway my entire professional life. No one is better at understanding what real people are thinking and how to connect with them than Kellyanne. She and [Bannon] both understand the importance of effectively communicating the pro-life position and leveraging the passion of the pro-life grassroots in winning elections.”
    • Matt Mackowkiak (GOP strategist): “Trump's entire goal is to win the votes of his 13 million primary votes a second time.”
    • Newt Gingrich (former house speaker): “In many ways Paul Manafort has been a transitional figure who has brought the campaign to a much more professional, much more national capability. But the campaign had to continue growing. Trying to run in 50 states, deal with the national media, take on the Clinton machine. That’s a lot.”
  • Hillary Clinton’s campaign also voiced reactions to the staff changes:
    • At a rally in Cleveland, Clinton said that despite new staff, “There is no new Donald Trump.” She said “I think it's fair to say that Donald Trump has shown us who he is. He can hire and fire anyone he wants from his campaign. They can make him read new words from a teleprompter but he's still the same man who insults Gold Star families, demeans women, mocks people with disabilities and thinks he knows more about ISIS than our generals. There is no new Donald Trump. This is it.”
    • Campaign chairman Robby Mook said that Trump, by hiring Bannon, is handing “his campaign over to someone who's best known for running a so-called news site that peddles divisive, at times racist, anti-Muslim, anti-Semitic conspiracy theories. … It’s clear that [Trump’s] divisive, erratic and dangerous rhetoric simply represents who he really is.”
    • Paul Begala, a senior adviser to Priorities USA, said, “It’s the candidate, stupid,” a reference to a famous line used by Bill Clinton in his 1992 presidential campaign.
  • The Boston Globe editorial board on Tuesday argued that if Hillary Clinton is elected in November, the Clinton Foundation “should be shut down.” The board offered some initial praise the foundation’s work, but it cited an “inherent conflict of interest” and said, “as long as either of the Clintons is in public office, or actively seeking it, they should not operate a charity, too.”
  • The FBI sent to Congress a report explaining why it did not recommend charges in its investigation of Hillary Clinton’s use of a private email server during her tenure as secretary of state. The report, which includes notes from interviews with Clinton, is the same one that the FBI provided to the Justice Department last month. CNN notes that the information in the report is classified and cannot be shared with the public without the FBI’s permission. The Clinton campaign responded to news of the report being sent to Congress by saying the report should be made public. “This is an extraordinarily rare step that was sought solely by Republicans for the purposes of further second-guessing the career professionals at the FBI. We believe that if these materials are going to be shared outside the Justice Department, they should be released widely so that the public can see them for themselves, rather than allow Republicans to mischaracterize them through selective, partisan leaks,” read a statement from the campaign.
  • The Working Families Party, a liberal group that backed Bernie Sanders during the Democratic primaries, announced its plans to endorse Hillary Clinton. Dan Cantor, the organization’s national director, said, We were pretty enthusiastic for Bernie; he told the truth, and we liked it. We’re now shifting, obviously. There’s a pretty important election coming up. There’s overwhelming support for Clinton. And we're going to continue the political revolution in every district we can.”
  • The Trump campaign announced that it will begin airing television ads in Florida, Ohio, North Carolina, and Pennsylvania starting on August 19. The ads will be Trump’s first of the 2016 general election cycle. Hillary Clinton’s campaign and pro-Clinton outside groups have spent a combined total of more than $100 million on general election ads in the past two months. Last week, NBC reported that both Jill Stein’s and Gary Johnson’s campaigns had spent more on television ads for the general election, at $189,000 and $15,000, respectively. Outside groups supporting Trump, however, have spent $8.2 million.
  • In a local TV interview in Wisconsin, Trump signaled his disinterest in “pivoting to the general election.” He said, “Everyone talks about, ‘Oh, you’ve got to pivot.’ I don’t want to pivot. I don’t want to change. You have to be you. If you start pivoting, you’re not being honest with people. No, I am who I am.” He went on to cite his successes in the Republican primaries. “I’ve gotten here in a landslide. So we’ll see what happens. I am who I am.”
  • The Trump campaign announced a 65-member agricultural advisory committee that includes former rivals for the Republican nomination such as Rick Perry and Jim Gilmore and Midwestern governors such as Sam Brownback and Terry Branstad. Politico described the committee as “a Who’s Who of farm policy, with five members of Congress, including the chairmen of the House and Senate agriculture committees, 10 current and former farm-state governors.”
  • Independent candidate Evan McMullin missed the deadline for getting on the ballot in California and may file a lawsuit. The California deadline was last Friday, and the state requires independent candidates to submit 178,039 valid signatures. Joel Searby, McMullin’s chief strategist, said, “In California, both the legal and write-in options remain for us and we intend to pursue any and all options to ensure that Californian's get a chance to vote for Evan McMullin in November. … Part of the problem with California and Florida and Texas and several others is that the threshold is so wildly divergent from almost every other state, so we believe it's ripe for a challenge and we intend to proceed.”

The map below compares signature requirements by state. A lighter shade indicates a lower total signature requirement while a darker shade indicates a higher signature requirement. Click the map to be taken to Ballotpedia’s interactive version with additional details.

  • In an interview with Fox News, McMullin responded to a question about whether he was helping Hillary Clinton get elected by running for president. He said that Donald Trump “has no chance of winning” and was already “ensuring Hillary Clinton is elected as our next president.” McMullin also noted that he is unlikely to reach the 270 electoral votes needed to win the general election but noted that he could still win through the House of Representatives in the event that neither Trump nor Hillary Clinton reach 270. He also expressed skepticism that Trump would continue his campaign into November.
  • Gary Johnson’s campaign reported $2.9 million in online fundraising during the first two weeks of August. About half of that amount was raised in a single day, August 15. In a statement, the Johnson campaign said, “The fact that we received more than 90,000 individual small contributions is overwhelming, and a major boost for the campaign. It is increasingly clear that a great many Americans, from across the political spectrum, are ready to join our effort to offer an experienced, credible alternative to the polarizing nominees of the Republican and Democratic parties. These contributions, and the enthusiasm behind them, are providing the fuel we need to take our message of smaller government and greater freedom to the millions of voters who are looking for a way to break the two-party status quo. During the entire 2012 election cycle, Johnson raised a total of $2.3 million.
  • Wyoming held congressional primaries.
    • There is no U.S. Senate election in Wyoming in 2016.
    • Wyoming has a single At-Large Congressional District. Cynthia Lummis (R) is not seeking re-election to the seat. Liz Cheney, daughter of former Vice President Dick Cheney, defeated seven other Republican candidates to win the nomination in the primary. Ryan Greene defeated Charlie Hardy in the Democratic primary. The race is rated safely Republican in the general election.
  • During his visit to Serbia, Vice President Joe Biden worked to convince Serbia to formally recognize Kosovo as a sovereign state and offered his condolences to victims of a 1999 U.S.-led NATO air campaign meant to end the widespread killing of ethnic Albanians. While speaking in Belgrade, Biden said, "There's a long history between our two countries, the United States and Serbia, not all of it good. Some of it painful. But I'm proud the United States and Serbia have started a new chapter in our relationship, grounded on the shared ideas of mutual respect." He added that “the scars of the wars of the 1990s are still raw" and that "the memories of lost loved ones are still fresh. I'd like to add my condolences to the families of those whose lives were lost during the wars of the nineties, including as a result of the NATO air campaign, in terms of responsibility.” Biden’s presence, however, was not appreciated by members of the Serbian Radical Party who protested Biden’s visit and marched in support of Donald Trump because has put forward a less interventionist foreign policy than previous administrations. Serbian Radical Party leader Vojislav Seselj said, "Trump is the alternative to globalization. He will destroy old centers of power in the United States and he's a supporter of Russia, because he wants an agreement with Russia. These are the reasons the radicals are supporting Trump."
  • The Obama administration finalized stronger fuel economy standards for heavy-duty vehicles, including buses and large trucks. The standards require that heavy-duty vehicles between model years 2021 and 2027 must become 2.5 percent more efficient annually. Certain tractors will have to reduce their carbon emissions up to 25 percent. The standards are part of the Obama administration’s regulatory action on greenhouse gas emissions and climate change. The administration argued that the standards would cut carbon emissions by 1.1 billion tons and save consumers $170 billion in fuel costs. Meanwhile, the standards will likely result in more expensive vehicles—approximately $14,000 more for a large truck, according to the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration.
  • In an op-ed, Sen. Dianne Feinstein (D-Calif.) called on the North Atlantic Treaty Organization (NATO) to do more in the fight against the Islamic State in Iraq and Syria (ISIS). She wrote, “The time has come for the North Atlantic Treaty Organization to invoke its self-defense clause so the full weight of the alliance is brought to bear against Islamic State, also known as ISIS.” She noted that “only seven of America’s 27 NATO allies—Belgium, Canada, Denmark, France, the Netherlands, Turkey and the U.K.—have joined the U.S. in directly attacking the group.” She also proposed creating a NATO rapid-reaction force that would bring together “advanced capabilities in intelligence, airpower, special operations” to attack ISIS. In addition, she called on social media companies to remove “the online propaganda that motivates attackers to strap bombs to their chests and spray crowds of innocent civilians with gunfire. … I proposed legislation in December 2015 that would require internet companies to report terrorist activity they encounter online to law enforcement agencies, so that the authorities can quickly act on such leads.”

Wednesday, August 17

  • The Cook Political Report painted a grim picture of Donald Trump’s chances of winning the general election in an analysis based on its electoral college ratings. “For now, 84 days before the November 8 election, we see this race settling into a very high probability that Hillary Clinton prevails over Donald Trump, though the size of the margin is still up in the air,” writes editor Charlie Cook. The analysis states that Trump could win every state that Cook currently rates as a “Toss Up” and still lose. Tossup states, according to Cook, include Florida, Iowa, Maine (CD2), Nebraska (CD2), Nevada, North Carolina, and Ohio.
  • Hillary Clinton talked tax policy at a rally in Ohio, highlighting both her proposals and those of her opponent Donald Trump. “We’re going to tax the wealthy who have made all of the income gains in the last 15 years. The superwealthy, corporations, Wall Street, they’re going to have to invest in education, in skills training, in infrastructure,” said Clinton. Commenting on Trump’s proposal to eliminate the estate tax, she said, “So if you believe that Donald Trump is as wealthy as he claims—we can’t say that for sure, but let’s assume it—he would, by eliminating the estate tax, save the Trump family $4 billion—and do absolutely nothing for 99.8% of all Americans.”
  • Richard J. Cross III, who drafted a speech delivered at the Republican National Convention by the mother of a U.S. information management officer killed in Benghazi, wrote an op-ed in The Baltimore Sun saying that he may vote for Clinton. “Despite what I wrote in that nationally televised speech about Hillary Clinton, I may yet have to vote for her because of the epic deficiencies of my own party's nominee,” wrote Cross.
  • Tim Kaine reportedly told a Virginia newspaper in 2002 that Bill Clinton should have resigned as president during the Monica Lewinsky scandal. In the 2002 interview, which was uncovered by The Daily Beast, Kaine said, “If the allegations are true, he should definitely resign.”
  • The Associated Press reports that Donald Trump’s campaign chairman, Paul Manafort, has been tied to “undisclosed foreign lobbying” in Ukraine. The AP writes, “Donald Trump's campaign chairman helped a pro-Russian governing party in Ukraine secretly route at least $2.2 million in payments to two prominent Washington lobbying firms in 2012, and did so in a way that effectively obscured the foreign political party's efforts to influence U.S. policy.”
  • After taking some criticism for not reaching out to the African American community, Trump made a direct appeal to black voters in a speech in Wisconsin. Commenting on the riots in Milwaukee, he said, “Law and order must be restored. It must be restored for the sake of all, but most especially for the sake of those living in the affected communities. The main victims of these riots are law-abiding African American citizens living in these neighborhoods. It’s their job, it’s their homes, it’s their schools and communities which will suffer the most as a result. … It is time for our society to address some honest and very difficult truths. The Democratic party has failed and betrayed the African American community.”
  • Green Party presidential candidate Jill Stein and her VP pick, Ajamu Baraka, participated in a CNN Town Hall event. They discussed a range of topics, including Hillary Clinton, vaccinations, Barack Obama, and foreign policy.
    • Hillary Clinton: Stein’s questioned Clinton’s trustworthiness and judgment, saying, “I do have serious questions about Hillary's judgment, her safeguarding of national security information and above all, her trustworthiness in the job where she will have her finger on the button. … I have serious concerns about Hillary. That's why I'm in this race -- to provide an alternative.”
    • Foreign policy: Stein criticized the approaches of the Bush and Obama administrations in the war on terror: “We have a track record now of fighting terrorism ... This track record is not looking so good. We have killed a million people in Iraq alone. … What do we have to show for this? Failed states, mass refugee migrations and repeated terrorist threats.” Stein also critiqued Clinton’s stances on foreign policy, saying, “The war effort that Hillary has especially been the engine behind ... To my mind, that's just not compatible with what my view of feminism is, that has a responsibility, not just to your own family, but to all families and to the human family.”
    • Vaccinations: Asked if she was “anti-vaccine,” Stein said, “I think there's kind of an effort to divert the conversation from our actual agenda. The idea that I oppose vaccines is completely ridiculous.”
    • Barack Obama: VP pick Ajamu Baraka expressed disappointment with Obama, saying, “You have to basically call it as you see it and be prepared to speak truth to power. Obama had an historic opportunity to transform this country. He allowed his commitment to neoliberal policies and a neoliberal worldview to undermine the possibility of greatness.”
  • Gary Johnson wrote an editorial for Time, arguing, “We need to stop criminalizing personal choice.” Johnson voiced his support for smaller government and lower taxes, saying, “When government grows and takes more of our money in taxes, we lose freedom.” He also spoke about marijuana legalization and his stance on same-sex marriage: “Our nation learned from Prohibition that arbitrarily and unnecessarily banning behavior doesn’t work. The same lesson should be applied to marijuana. … Fortunately, the Supreme Court finally confirmed that the Constitution protects Americans’ freedom to marry who they wish. That decision was long overdue. Why do we need government to restrict marriage freedom?”
  • The Navajo Nation sued the U.S. Environmental Protection Agency (EPA) for the agency’s role in the 2015 Gold King Mine spill. EPA personnel and a company under EPA contract triggered the release of toxic wastewater in an attempt to remove wastewater from the mine in August 2015. An October 2015 investigation by the U.S. Interior Department found that the spill could have been avoided if the EPA had monitored water levels inside the mine before it began digging. The lawsuit alleged that the EPA had failed to clean up the spill adequately and had delayed and resisted recovery efforts over the past year. Many Navajo have been concerned about the potential health effects and the negative effects on agriculture production due the heavy metals that have settled upstream from the Navajo Nation.
  • While participating in Fusion’s Libertarian Presidential Forum, Gary Johnson expressed opposition to hate crime laws. He said, “Look, I am scared to death regarding hate crime legislation. You’re talking about me throwing a rock through someone’s window. I should be prosecuted on throwing the rock, not my thoughts that motivated me throwing the rock through that window.” Johnson’s running mate, Bill Weld, took a different position. “Yeah, I don’t know. I think a burning cross on the lawn of a black church–you don’t have to be a rocket scientist to know there is an overtone there,” Weld said.

Thursday, August 18

  • The Clinton Foundation announced that it will no longer accept foreign and corporate donations if Hillary Clinton is elected president. Regardless of the election outcome, it will also stop holding an annual Clinton Global Initiative meeting. The Associated Press reported that “Bill Clinton said the foundation plans to continue its work, but intends to refocus its efforts in a process that will take up to a year to complete. The former president...said he will resign from the board, and the foundation will only accept contributions from U.S. citizens and independent charities.” The charity organization has been under scrutiny for previously accepting contributions from countries with a history of human rights violations like Saudi Arabia.
  • During a rally in North Carolina, Donald Trump expressed regret for hurtful comments he has made throughout the election cycle. “Sometimes, in the heat of debate and speaking on a multitude of issues, you don’t choose the right words or you say the wrong thing. I have done that, and I regret it, particularly where it may have caused personal pain. Too much is at stake for us to be consumed with these issues,” he said. The New York Times suggested the words were a reflection of the influence of Trump’s new campaign manager, Kellyanne Conway. Trump also discussed creating a “new American future” and asked black voters to consider him supporting him. “What do you have to lose by trying something new?” Trump said.
  • According to The News & Observer, Hillary Clinton has 19 campaign offices across North Carolina, while Donald Trump currently has none in the key battleground state. Trump spokesman Kirk Bell announced on that “the North Carolina team has acquired new field operatives and will shortly announce the opening of campaign offices across North Carolina.” Politico reported, however, “Interviews with more than a dozen North Carolina operatives and lawmakers reveal that Trump has failed to consolidate the Republican base in North Carolina. Worse, according to these sources, he is particularly driving away female and independent voters who are crucial in Republican-leaning suburbs, such as Apex, outside of Raleigh.”
  • Hillary Clinton met with top law enforcement officials in New York City in a closed-door session to discuss policing and race relations. “It's obvious that recent events — from Dallas and Baton Rouge to Milwaukee and across the country — underscore how difficult and important the work is ahead of us to repair the bonds of trust and respect between our police officers and our communities. We have to be clear-eyed about the challenges we face. We can't ignore them, and certainly we must not inflame them,” she said.
  • WIRED endorsed Hillary Clinton, marking the technology magazine’s first presidential endorsement. Editor-in-chief Scott Dadich wrote in an op-ed, “Her vision is bright and forward-looking; Donald Trump’s is dark and atavistic. She’s qualified, she knows the material; Trump is all bluster. We happen to believe that for all the barbs aimed at Hillary Clinton—the whole calculating, tactical, Tracy Flick enchilada—she is the only candidate who can assess the data, consult with the people who need to be heard, and make decisions that she can logically defend. Sure, she’s calculating. She’s tactical. There are worse things you can ask of a person with nuclear codes.”
  • The Obama administration announced that they used a $400 million cash payment as leverage to ensure that Iran released four Americans who were being held there as prisoners. According to a report from The Wall Street Journal, "U.S. officials wouldn’t let Iranians take control of the money until a Swiss Air Force plane carrying four freed Americans departed from Tehran on Jan. 17. Once that happened, an Iranian cargo plane was allowed to bring the cash home from a Geneva airport that day." The timing of the cash payment, which occurred the same weekend the nuclear deal with Iran was formally implemented, raised suspicions that the Obama administration paid ransom to secure the release of the four Americans. On Thursday, when asked about the exchange, State Department spokesman John Kirby said, “We deliberately leveraged that moment to finalize these outstanding issues nearly simultaneously. With concerns that Iran may renege on the prisoner release, given unnecessary delays regarding persons in Iran who could not be located as well as, to be quite honest, mutual mistrust between Iran and the United States, we of course sought to retain maximum leverage until after American citizens were released. That was our top priority.” He added that the U.S. does not pay ransom.
  • In a memo, Deputy Attorney General Sally Yates announced that the Department of Justice will end its use of private prisons. Yates instructed officials to stop renewing or significantly reduce contracts with private prison operators. Yates wrote, “They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security.”

Friday, August 19

  • Paul Manafort resigned his position as chairman of Donald Trump’s presidential campaign. Manafort's resignation came days after Trump named Breitbart News executive Steve Bannon as his campaign chief executive and Kellyanne Conway as his new campaign manager. In a statement on Manafort's resignation, Trump said, "This morning Paul Manafort offered, and I accepted, his resignation from the campaign. I am very appreciative for his great work in helping to get us where we are today, and in particular his work guiding us through the delegate and convention process. Paul is a true professional and I wish him the greatest success."

 

Congress is NOT in session SCOTUS is NOT in session
Both the U.S. House and the U.S. Senate are on summer recess. They will return on September 6, 2016, the Tuesday following Labor Day. The Supreme Court is in recess until Monday, October 3. For a detailed breakdown of last term, see Ballotpedia’s Supreme Court end of term review, 2015.

What’s On Tap Next Week

Tuesday, August 23

Wednesday, August 24

 

Where was the president last week? Federal judiciary
President Barack Obama was on vacation in Martha’s Vineyard with the first family. He spoke at a fundraiser for Hillary Clinton on Monday.  
  • 95 total federal judicial vacancies
  • 60 pending nominations
  • 16 future vacancies

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State and Local

What's on tap?

Fracking. Firearms. GMOs. LGBT issues. Marijuana. Wages.

These are all areas where state and local governments may not see eye to eye. What happens then?

State laws can supersede a conflicting local law due to the state's power to create cities as granted by state constitutions. Learn about recent cases of this tracked by Ballotpedia in our analysis of preemption conflicts between state and local governments.

 

Highlights

State

On Wednesday, August 17, Pennsylvania Attorney General Kathleen Kane (D) resigned from office. Two days earlier, she was convicted on seven misdemeanor charges and two felony counts of perjury. Her first deputy attorney general, Bruce Castor (R), automatically succeeded her to become acting attorney general. Kane had been indicted in August 2015 for leaking information protected by grand jury secrecy laws to the Philadelphia Daily News. Both the Pennsylvania State Senate and House of Representatives had begun efforts to remove Kane from office in the days leading up to the trial. Kane’s sentencing hearing is scheduled for October 24. Governor Tom Wolf (D) said of her resignation: "Her decision to resign is the right one, and will allow the people of Pennsylvania to finally move on from this situation." She faces up to 14 years in prison. Learn more about the charges against former Attorney General Kathleen Kane here and in the full state section below.

Local

On Wednesday, August 17, Cook County, Illinois, Circuit Court Judge Valarie Turner was removed from the bench after allegedly permitting a lawyer, Rhonda Crawford, to wear her robe and to preside over two trials. Both trials were related to traffic violations and will be retried by a sitting judge. Crawford is an employee of the court system who reports to Chief Judge Timothy C. Evans. Evans made the decision not to pull Turner from the bench until the situation could be investigated, and he also suspended Crawford from her position. Turner was first elected to her judgeship in 2002 and was retained in both 2008 and 2014. Crawford is running unopposed for the Cook County First Subcircuit Court judgeship after defeating two opponents in the Democratic primary on March 15, 2016. The general election will be held on November 8, 2016.

 

State

The Week in Review

Ballot measures update

  • One hundred and forty-nine statewide ballot measures are certified for the ballot across 35 states so far in 2016, most of which will be decided during the November election. In addition, 12 initiative petitions are awaiting the results of signature verification and could still be put on the ballot.
    • Sixty-nine out of the 147 ballot measures certified for the ballot this year are citizen initiatives. This compares to about 31 certified citizen initiatives by this time in 2014; this year features more citizen initiatives on the ballot than in any year since 2006. Low turnout in the 2014 elections likely contributed to the spike in proposed citizen initiatives. Fewer total votes cast in 2014 led to a reduced signature burden in 2016 in some states.
    • Oklahoma’s final deadline to submit initiative signatures, which is the last initiative signature deadline in the country, is on September 7, and Arkansas features a supplementary signature-gathering phase that extends through the end of August.
    • By this time in 2014, a total of 155 measures—including legislative referrals—had been certified for the ballot.
    • Two new measures were certified for the ballot this week.
  • Seven statewide ballot measures have been decided so far in 2016; six were approved.
  • The next ballot measure election is in Florida on August 30, when state voters will decide Amendment 4, a measure designed to provide property tax exemptions for solar power equipment.
  • Ballotpedia has coverage of ballot measures going back to 1777.

Monday, August 15

  • The Service Employees International Union decided to drop efforts to get a measure on Arizona’s November 8, 2016, ballot that would have capped the pay of hospital executives if approved. Spokesman Steve Trossman said, “We have decided not to pursue the executive compensation initiative in this election cycle so we can put all of our energy and resources into the presidential race.” The announcement was made the day before Maricopa County Superior Court Judge David Gerlach was to hear arguments in a lawsuit on whether the organization had gathered enough valid signatures for the measure to appear on the ballot. Under the measure, the compensation of hospital executives, managers, and administrators in Arizona would have been limited to the salary of the United States president, currently $450,000 per year.
  • Hospital chain Iasis Healthcare said it would be pulling its managed care insurance plans off the health insurance exchange in Arizona in 2017. CEO Carl Whitmer said the decision was made due to the "instability" of the exchange and "uncertainty and lack of funding of government premium stabilization programs." The company’s medical loss ratio had risen to nearly 96 percent, meaning 96 cents of every dollar of premium revenue was spent on medical costs. The company also reported an $8 million dollar loss on its exchange plans.

Tuesday, August 16

  • Wyoming held its primary election for the House and Senate.
    • Three incumbents, all representatives, were defeated by challengers. Sam Krone (R) was defeated by Scott Court (R) in District 24, and Rosie Berger (R) lost to Bo Biteman (R) in District 51. In District 58, incumbent Tom Reeder (R) was defeated by Patrick Sweeney (R) by just three votes.
    • Other close races in the House included District 18, where Thomas Crank (R) won by 42 votes; District 41, where Bill Henderson (R) won by just one vote; and District 52, where William Pownall (R) won by 16 votes. There was one close Senate race in District 6, where Representative David Zwonitzer (R) lost to Anthony Bouchard (R) by six votes. Recounts are likely to occur among these close races, which may change the official results in the coming weeks.
    • Wyoming is one of 23 states with a Republican trifecta. Both chambers will continue to have Republican majorities after the general election.
  • The Florida First District Court of Appeal affirmed the ruling of a trial court that plaintiffs challenging the state’s school choice program do not have standing to sue. The program provides tax credits to corporations that make charitable contributions to organizations offering scholarships for students to attend private schools, including religious schools. The Florida Education Association (FEA) filed a lawsuit against the program in 2014, when the state legislature was debating whether to expand it. The lawsuit argued that public schools were harmed by the program and that the program was unconstitutional for sending state funds to religious schools. The court wrote that the challenge was at most a “quarrel with the Legislature’s policy judgments” and that the program is constitutional because funds are not sent directly to private or religious schools. The FEA has not decided whether to appeal to the state’s supreme court.

Wednesday, August 17

  • Pennsylvania Attorney General Kathleen Kane (D) resigned from office two days after she was convicted on seven misdemeanor charges and two felony counts of perjury. Her first deputy attorney general, Bruce Castor (R), automatically succeeded her to become acting attorney general.
    • Castor’s succession changed the partisan control of the office, as he was elected on the Republican ticket to two terms as Montgomery County district attorney and two terms on the Montgomery County Board of Commissioners before joining Kane’s administration in 2016. Kane appointed him first deputy attorney general in July. Castor also ran for attorney general in 2004, losing to future Governor Tom Corbett (D) in the general election. On August 18, Governor Tom Wolf (D) nominated Inspector General Bruce Beemer (D) to serve as interim attorney general for the remainder of Kane's term. Beemer formerly served as first deputy attorney general under Kane, but he left in July after his name appeared on a list of witnesses for the prosecution for her perjury trial. Beemer was replaced as first deputy by Castor, who will continue to serve until Beemer is confirmed and sworn in—at which time, the office will shift back under Democratic control. Republican Senate leaders issued a statement praising Beemer's appointment and promising a swift confirmation vote.
    • The office is up for election in 2016, and filing deadlines have already passed; neither Castor nor Beemer can run for a full term in November. The winner of the general election will assume office in January 2017.
    • Click here to read more about the charges against former Attorney General Kathleen Kane.
  • A three-judge panel of the United States Court of Appeals for the 6th Circuit upheld a lower court's decision preventing Michigan from repealing its straight-ticket voting option. In January 2016, Governor Rick Snyder (R) signed into law SB 0013, which eliminated the straight-ticket voting option on Michigan election ballots. On July 21, 2016, federal Judge Gershwin Drain issued a preliminary injunction preventing the state from implementing the bill's provisions. Drain found that the law discriminated against African Americans, who tend to vote Democratic. State officials appealed Drain's decision to the Sixth Circuit. In light of the Sixth Circuit's decision, Michigan Attorney General Bill Schuette said he intended to petition the entire Sixth Circuit for a stay of Drain's order. As of August 2016, 10 states provided for straight-ticket voting.
  • Arizona State Board of Education President Greg Miller resigned at the request of Governor Doug Ducey (R) in response to an ongoing feud with Superintendent of Public Instruction Diane Douglas (R). Disputes between Douglas and the board included several lawsuits over staffing purview and distribution of powers between the superintendent and the board, as well as an allegation of assault by Douglas against Miller. In November 2015, the Republican Senate president, majority leader, and majority whip together sent a letter to Miller and Douglas, imploring that the two end their disputes in order to allow the investigative unit of the board to effectively look into allegations of teacher misconduct. The state Senate introduced legislation in February 2016 moving the investigative unit under the purview of the superintendent, but granting authority over staffing changes to the board; Ducey signed the bill into law in May. Following the resolution, Miller and Douglas continued to clash over policy positions. In a statement announcing his resignation, Miller accused Douglas of "refusing to collaborate" with the board and allowing her "personal issues" with him to interfere with the board's agenda, which she denied.

Thursday, August 18

  • The final state budget for Massachusetts has been cut by about $630 million, or about 2 percent, from earlier projections due to poorer-than-expected revenue in the second half of the previous fiscal year. Revenue estimates fell from $26.86 billion to $26.23 billion. The state’s fiscal year began July 1, and the Department of Revenue had announced earlier this month that revenue was up compared to this time last year. Income, corporate, and business taxes exceeded projections; however, sales and use taxes and withholding collections fell short of projections. According to state law, the administration and finance secretary must submit an updated budget by October 15 unless she believes there have not been significant changes since the last estimate.

 

What’s On Tap Next Week

Saturday, August 20

  • The recall effort against Michigan Governor Rick Snyder (R) is set to expire. A recall petition in Michigan must be submitted to the secretary of state within 180 days of its approval, and signatures must have been gathered within a 60-day period. Four recall petitions were approved against Snyder this year, three of which were related to the Flint water crisis. Two of the petitioners joined forces to advance the petition currently in circulation, which was approved in February; collection efforts began on March 27, 2016. The two remaining recall petitions were not pursued.
    • On July 14, petition backers reported having gathered between 250,000 and 300,000 of the required 789,133 signatures. The campaign extended the end of its 60-day window several times in an attempt to collect the required number of signatures, but it invalidated many of the signatures obtained in the first months of the campaign by doing so. The recall is not expected to make it on the ballot.
    • Click here to read more about the recall effort against Rick Snyder.

Tuesday, August 23

  • Primary runoff election: Oklahoma
    • State legislature: Thirteen primary runoffs—seven in the state Senate and six in the state House—will take place. None of the runoffs involve an incumbent. Republicans control both chambers with strong majorities. With Republican Governor Mary Fallin, Oklahoma is one of 23 Republican state government trifectas.

 

State government in session

One state—California—is in regular session; Ohio is in a skeleton (non-voting) session. Massachusetts is in an informal session. California is in a special session.

  • Skeleton session: In a typical skeleton session, a clerk, a presiding officer, and another legislative member are the only people present. The presiding officer will convene the session day and adjourn it minutes later. Lawmakers who live more than 50 miles from the statehouse can deduct lodging and meal expenses on their federal income tax forms for each day the legislature is in skeleton or regular session.
  • Informal session: In an informal session, no attendance is taken and only a few members attend the session. These sessions address day-to-day business and non-controversial bills. The bills do not require debate or a roll-call vote and must be passed unanimously. If one member objects, the measure is blocked.
  • CA

Three states are in recess:

  • MI until 9/6
  • NJ until 9/8
  • PA until 9/19

The following states have adjourned their regular sessions:

  • AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MO, MN, MS, NC, NE, NM, NH, NY, OK, OR, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX

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, 45 seats have been filled through legislative special elections in 2016. Nine involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85). Another 11 (not including runoff elections) have been scheduled in seven states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Next week

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering municipal elections across 46 of America's 100 largest cities by population, local judicial elections across all 39 states holding elections, school board elections across 643 of America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
    • So far this year, Ballotpedia has covered 23 city elections, 26 states with local judicial elections, 218 school board elections, and 162 local ballot measure elections in California.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Saturday, August 13

  • Honolulu held primary elections for mayor and the District 1 seat on the city council. In the mayoral race, incumbent Kirk Caldwell (D) faced 11 challengers. Mayor Caldwell received 44 percent of the vote, and his top challenger, Republican candidate Charles Djou, received 43 percent. Caldwell and Djou will face one another in the general election. In the city council race, incumbent Kymberly Marcos Pine faced three challengers in the District 1 primary. Since she received a majority of the vote, she won re-election in the primary. A total of four races will be on the general election ballot on November 8, 2016. Elections in Honolulu are officially nonpartisan. Honolulu is the largest city in Hawaii and the 54th-largest city in the U.S. by population.

Sunday, August 14

  • In California, Los Angeles City Councilman Felipe Fuentes announced he would resign in September in order to become a lobbyist with Apex Group. Fuentes was elected to the District 7 seat on the council in 2013 and was scheduled to be up for re-election in 2017. He previously served as a Democrat in District 39 of the California State Assembly from 2007 to 2012. The Apex Group lobbies on behalf of the Associated General Contractors of California trade organization. The Los Angeles Times reported that a special election to replace Fuentes was unlikely and that his position would be filled by “a caretaker — typically an official in the city’s chief legislative analyst’s office.” The open District 7 seat will be up for general election in March 2017. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.

Monday, August 15

  • In Los Angeles, labor and hospitality organizations as well as affordable housing advocates published an open letter criticizing the city’s agreement with Airbnb to allow the business to pay hotel taxes on behalf of its users. Airbnb and the city government reached the agreement in July, and it went into effect at the beginning of August. The letter stated, “The agreement with Airbnb gives legitimacy to an illegal industry that the City Council determined cannot continue to go unregulated." It called for short-term housing rental regulations proposed earlier this year by the city’s planning department to be implemented. The city government plans to use the revenue to pay for a housing voucher program for homeless citizens. In response to the letter, Mayor Eric Garcetti’s (D) office defended the tax collections but indicated that the mayor still supports a “permanent ordinance” regulating the industry.
    • Several large cities have regulated or considered regulating Airbnb in recent months. These cases include:
      • In July 2016, Airbnb sued the city of Anaheim due to the passage of a short-term housing rental law. The law, passed by the Anaheim City Council earlier in the same month, ceased the issuing of permits for properties rented for fewer than 30 days. Short-term rental permit holders were given 18 months to cease operations, starting on August 11, 2016. Airbnb also sued the city of San Francisco in June 2016 after its board of supervisors approved legislation earlier in June that restricts commercial postings from short-term housing rental websites and imposes fines for violating the law.
      • Chicago, New York, and Denver all passed laws regulating short-term rentals. In late June 2016, the Chicago City Council passed a law that required Airbnb to purchase a $10,000 license to operate in the city, enacted a 4 percent tax per rental for homeless services, and set a $60 fee per city address listed on the website. Earlier in the same month, New York lawmakers passed legislation that would levy fines of up to $7,500 on individuals using Airbnb to rent an entire apartment for fewer than 30 days. In Denver, the city council imposed an annual $25 licensing fee for short-term rental hosts.
  • In Oregon, Wheeler County Judge Patrick Perry was recalled. More than 66 percent of voters approved the recall. Supporters of the recall alleged that Perry had an inappropriate relationship with a direct report earlier in 2016 and that his supervision of the human resources department led to "excessive situations needing litigation" requiring "thousands (of dollars) in fees and settlements." Recall supporters turned in 169 valid signatures, which was above the necessary amount of signatures. Perry was first elected in 2012 and presided over probate and juvenile matters. He also serves as chairman of the Board of Commissioners. In 2016, Ballotpedia has covered four local court recalls across the U.S.
  • FILING DEADLINE: Deadline passed to file in the general election for 93 school board seats across 23 of South Carolina’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 508,860 students during the 2013-2014 school year, which was 68.2 percent of all South Carolina public school students.

Tuesday, August 16

  • In Ohio, the Toledo City Council approved an ordinance requiring lead poisoning safety inspections for certain rental properties. The city council’s vote was unanimous. The ordinance requires single-family and duplex rental properties built before 1978 to be inspected, and those properties may not be leased to tenants before the inspection is completed. Mayor Paula Hicks-Hudson (D) supported the final bill, which was opposed by some landlords in the city. Council members had debated the details of the plan since June, and several different proposals were offered and modified before the final version was approved. Toledo is the fourth-largest city in Ohio and the 67th-largest city in the U.S. by population.
  • In Oregon, Grant County Commissioner Boyd Britton survived a recall election. More than 65 percent of voters opposed the recall. Supporters of the recall collected 505 signatures, which was more than the 496 required to move the effort forward. In 2016, Ballotpedia has covered 13 county commission recalls across the United States.
  • The mayor and four city council members in Whitehall, Montana, were scheduled to face a recall election, but it was halted by court order. The recall was initiated over allegations of misconduct during a council meeting on April 11, 2016. Recall supporters argued that the council broke rules by allowing a speaker to make statements without being included on the official agenda. Recall supporters also alleged that members of the public were not allowed to comment on a proposal to have county dispatchers direct the city's ambulance to fire calls. One of the council members targeted for recall stated that the recall effort stemmed from existing debates over city ambulance services. The recall would have cost the county approximately $10,000. In 2016, Ballotpedia has covered 51 mayoral recalls and 58 city council recalls across the United States.
  • FILING DEADLINE: Deadline passed to file in retention elections for magistrates in Alaska. The election will be held on November 8, 2016. In these elections, judges do not compete against another candidate, but voters are given a “yes” or “no” choice on whether to keep the judge in office for another term. The judge must receive a majority of “yes” votes to remain in office.
  • FILING DEADLINE: Deadline passed to file in the general election for 24 school board seats across eight of Minnesota’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 149,258 students during the 2013-2014 school year, which was 17.5 percent of all Minnesota public school students.

Wednesday, August 17

  • In Los Angeles, leaders of the Neighborhood Integrity Initiative (NII) announced that if Mayor Eric Garcetti (D) concedes to city development reforms, the group will drop support for its March 2017 ballot measure to impose a moratorium on construction. The group’s desired reforms include a ban on city officials and real estate developers meeting privately, location-specific zoning regulations called "spot zoning," and developers selecting the consultants responsible for estimating the impact of construction projects. Members of NII also called for the Los Angeles government to rewrite its development plan soon. Mayor Garcetti met with the group following the announcement and indicated that he would consider its requests. Opponents of NII include some labor organizations and business groups who have put up their own ballot measure for November 8, 2016. This measure would require developments of a certain size to incorporate affordable housing and encourage developers to use local workers, pay standard wages, and employ members of apprenticeship training programs and workers with real-world experience.
  • FILING DEADLINE: Deadline passed to file in the general election for the mayor’s office and two city council seats in Irvine, California. The election will take place on November 8, 2016. The filing deadline was extended because no incumbents filed in the race by the first filing deadline on August 12, 2016. Following the second filing deadline, multiple candidates had filed for all three seats. Irvine is the 14th-largest city in California and the 85th-largest city in the United States by population.

 

What’s On Tap Next Week

Monday, August 22

  • FILING DEADLINE: Deadline to file for municipal office in two Texas cities.
    • Corpus Christi: The mayor's office and all eight seats on the city council are up for general election on November 8, 2016. Mayor Nelda Martinez (D), who was first elected in 2012 and then re-elected in 2014, announced that her third two-year term would be her last if she is re-elected again.
    • Laredo: Four seats on the city council are up for general election on November 8, 2016. Districts 4, 5, 7, and 8 are up for election. In February 2016, the city held a special election for the District 2 seat after incumbent Esteban Rangel resigned in order to run for the Webb County Commission. This resulted in a special runoff election between Vidal Rodriguez and Jose Perez III in April, which Rodriguez won.
  • FILING DEADLINE: Deadline to file in the general election for 99 school board seats across 29 of Texas’ largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 754,042 students during the 2013-2014 school year, which was 14.9 percent of all Texas public school students.

Tuesday, August 23

  • In Alabama, two of five school board seats on the Huntsville City Board of Education will be up for general election. Local business owners have backed District 1 incumbent Laurie McCaulley and District 5 challenger Carlos Mathews, while former U.S. Rep. Parker Griffith has backed board critics Michelle Watkins (District 1) and Pamela Hill (District 5). The school district has been working to lift a federal desegregation order from 1970 through a Department of Justice-backed plan initiated during the 2015-2016 school year. The district was the sixth-largest in Alabama and served 23,656 students during the 2013-2014 school year. Another 11 Alabama school districts will put 24 seats on the ballot in the general election on November 8, 2016.
  • In Ohio, Upper Arlington City Council members John C. Adams, David DeCapua, Kip Greenhill, and Debbie Johnson will face a recall election. The recall effort began due to allegations of fiscal mismanagement, a $14 million redevelopment of a local park, and a tax initiative from the November 2014 ballot. As of August 3, 2016, a political action committee (PAC) supporting the recall had raised $10,360 and a PAC opposing the recall had raised $31,483. Supporters of the recall collected more than 3,000 signatures for each targeted council member, which was more than the 2,273 required to move the effort forward.
  • In California, Los Banos Unified Board of Education member John Mueller will face a recall election. The district’s school board has split into warring factions, and Mueller is a member of the minority faction. He won the Trustee Area 7 seat in 2010 and then won re-election by defeating challenger Ruben Santos by 22 votes in 2014.
    • The recall effort began due to six separate reasons, according to supporters. These included poor communication with his constituents, low student test scores, nepotism, disruptive behavior at board meetings, approving the construction of a new junior high school, and opposing the use of local contractors to build it. The district used a “lease-leaseback” method to pay for the new school, which avoids the bidding process and puts the cost of the construction on a contractor chosen by the district. The district can then pay back that cost in increments.
    • In response to the recall, Mueller indicated that he was available to constituents “at all times” and that the recall’s proponents had met with him but disagreed with his positions. He denied condoning nepotism and said he “simply believes in hiring those best qualified for the job.” Mueller stated that the new school's construction was a unanimous board decision and that the building contractor was chosen due to relevant experience with the school's design. He also argued that student test scores have risen since he took office and that he was passionate but not disruptive in board meetings.
  • FILING DEADLINE: Deadline to file in retention elections for local judgeships in Missouri. The election will be held on November 8, 2016. In these elections, judges do not compete against another candidate, but voters are given a “yes” or “no” choice on whether to keep the judge in office for another term. The judge must receive a majority of “yes” votes to remain in office.

Friday, August 26

  • FILING DEADLINE: Deadline to file in the general election for 79 school board seats across 24 of Indiana’s largest school districts by enrollment. The election will be held on November 8, 2016. These districts served 358,792 students during the 2013-2014 school year, which was 34.5 percent of all Indiana public school students.

 

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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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