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The Tap: Riker's Island, filing deadlines, and a new NC primary date

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February 22, 2016Issue No. 4

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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.


What happened last week: February 15 - February 21
What's happening this week: February 22 - February 28

What's on tap? A primary date change: The North Carolina congressional primary will now take place on June 7, 2016.

  • On Friday, February 19, the Supreme Court refused to stay an earlier ruling and denied North Carolina Gov. Pat McCrory's request to allow the current congressional districts to be used for the 2016 elections. Previously, a three-judge panel of the United States District Court for the Middle District of North Carolina ruled that two of the state's 13 congressional districts (District 1 and District 12) had been subject to an illegal racial gerrymander. The court determined that state lawmakers had placed disproportionately large numbers of black voters in these two districts, thereby diluting the impact of their votes. Because of the Supreme Court decision, the North Carolina legislature ratified a new congressional map and moved the congressional primary election from March 15 to June 7, 2016. The new maps will still need to be approved by the three-judge panel. While the new map would likely maintain the partisan breakdown of the congressional delegation, incumbents on both sides may see discernible changes to their districts. The congressional primary is the only election affected by the date change. The date change will also trigger an extended filing deadline for congressional candidates. Thousands of ballots for absentee voters had already been mailed out. In addition to the ramifications for congressional elections, the Legislature also voted to eliminate runoff elections. Elections with larger fields of candidates would now allow for a plurality of voters to determine the winner and not necessitate a runoff election for races where no candidate reaches 50 percent of the vote. North Carolina will now have two primary dates in 2016 -- March 15 for the presidential and state primaries and June 7 for its Congressional primary.
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Highlights

Federal

  • Two states saw action in the presidential race on Saturday night.
    • Donald Trump saw a decisive win in the South Carolina Republican Primary. Marco Rubio barely edged out Ted Cruz for a second place finish.
      • “Trump’s candidacy is sustained by the frustration of Republican voters with Washington and their own party establishment. In the exit poll, South Carolina primary voters were evenly divided on whether they wanted the next president to either ‘have some experience in politics’ or ‘be from outside the political establishment.’ Among those who said they wanted an outsider, Trump won more than 60 percent of the votes. Among those who favored experience, Rubio won a plurality of the vote and Trump won less than five percent. A slight majority of the South Carolina Republican primary voters told the exit poll that they felt ‘betrayed by politicians in the Republican Party.’ Trump won a plurality of those voters as well,” wrote Ballotpedia’s senior staff writer Jim Barnes.
See: Trump Sweeps South Carolina
    • Hillary Clinton edged out Bernie Sanders for a 52.5 to 47.4 percent win in the Nevada Democratic Caucus.
      • “Generational politics continued to drive the Democratic nominating contest in Nevada. As in the Iowa caucuses and New Hampshire primary, Sanders dominated the youth vote while Clinton carried older voters by a wide margin. According to the television network entrance poll, the survey of a representative sample of voters as they entered their precinct caucuses, Sanders carried those aged 17-to-29, by a margin of nearly seven-to-one. Clinton won voters 65 years and older by a margin of roughly three-to-one,” wrote Barnes.
See: Clinton clinches Nevada

State

  • February 16 was Pennsylvania's filing deadline for presidential, congressional and state-level offices. Of the 203 seats up for election in the Pennsylvania state House, 120 will be contested. In the state Senate, only 12 of the 25 seats up for election will be contested. While Pennsylvania’s 55 percent of districts not holding a competitive general election is par for the course, it brings the national average in 2016 up above 50 percent, seven points higher than in 2014. Just 12.7 percent of primaries will be contested, about 5 percent below the national average in 2016.

Local

  • On February 16, New York City Mayor Bill de Blasio (D) rejected calls from Governor Andrew Cuomo (D) and City Council Speaker Melissa Mark-Viverito (D) to shut down the Rikers Island prison complex. In an interview, Gov. Cuomo stated that people must “admit that Rikers, as it is, doesn't work and admit that it should be closed down, that's step one, and then we'll get to step two.” In his response, Mayor de Blasio labeled the proposal “a noble concept” but stated, “The problem is, it would cost many billions of dollars, and I have to look out for what's feasible and I have to look out for the taxpayer.”

    Federal

Last week

February 15

February 16

  • Sen. Chuck Grassley (R-IA), chair of the Senate Judiciary Committee, told reporters that he had not ruled out the possibility of holding a hearing for President Obama’s nominee to fill the seat left by the death of Justice Antonin Scalia. “I would wait until the nominee is made before I would make any decisions. ... In other words, take it a step at a time,” Grassley said.
    • For more information about the process to fill this vacancy, please see: Process to fill the vacated seat of Justice Antonin Scalia
      • The U.S. Senate has the power of “Advice and Consent” as outlined in Article II, Section 2 of the Constitution. This refers to the authority of the United States Senate to approve or reject a resolution of ratification of any treaty to which the United States is a proposed signatory, as well as to evaluate and confirm presidential nominees to positions in the federal government.
      • According to the U.S. Senate website, there have been 160 nominations to the U.S. Supreme Court. Of these:
        • 124 nominees have been confirmed
          • 117 nominees were confirmed and served as justices
          • 7 confirmed nominees declined to serve
        • 9 nominations had no action taken in the United States Senate
        • 3 nominees had their nominations postponed
        • 12 nominees were rejected by the U.S. Senate
        • 12 nominations were withdrawn
  • Defense Secretary Ash Carter warned Russia and Iran that not contributing to the fight against ISIS is “causing more problems in the region” and will “come back and get them.” Carter said, "I've said this very bluntly to our overseas partners -- there can't be any free riders here ... because we're going to be on the winning side. We'll remember who contributed and who didn't. And we aren't out to do people favors here and we're not asking for anybody to do us favors either, but people need to act in their own long-term interests so we'll remember."
  • The Department of Homeland Security (DHS) released the “Privacy and Civil Liberties Interim Guidelines: Cybersecurity Information Sharing Act of 2015.” The guidelines explain how the government will collect and share information related to cyber threats and protect the privacy and civil liberties of citizens, as required by the Cybersecurity Act of 2015. In a statement, DHS Secretary Jeh Johnson said, “Again, I am very pleased Congress passed the Cybersecurity Act of 2015. The guidelines issued today are a significant step forward in implementing this important law.”
  • U.S. Transportation Secretary Anthony Foxx “signed an arrangement that provides for the re-establishment of scheduled air services between the United States and Cuba.” U.S. air carriers are now able to apply for the opportunity to fly a number of the 110 daily roundtrip flights to Cuba agreed upon by the two nations. Foxx said, “We are excited to announce the availability of new scheduled air service opportunities to Cuba for U.S. carriers, shippers, and the traveling public, and we will conduct this proceeding in a manner designed to maximize public benefits.”
  • John Kasich added former White House press secretary Trent Duffy to his campaign staff. Duffy worked in the White House under former President George W. Bush and will work as Kasich's national communications strategist.
  • During a speech in Harlem, Hillary Clinton criticized those in the GOP who wanted to postpone confirming a replacement for Justice Antonin Scalia until a new president is elected. She said that the spirit that is influencing the movement is the same one that fueled efforts to restrict voting, calling both efforts “a blast from the Jim Crow past.” She said that Republicans speak “as if somehow he’s not the real President. That’s in keeping with what we’ve heard all along right? … Many Republicans talk in coded racial language … they demonize President Obama.”
  • FILING DEADLINE: Pennsylvania presidential and congressional filing deadline

February 17

  • South Carolina Gov. Nikki Haley (R) endorsed Sen. Marco Rubio (R) for president. “I wanted someone with fight. I wanted somebody with passion. I wanted somebody who has the conviction to do the right thing. But I wanted somebody humble enough (who) remembers that you work for all the people,” Haley told the crowd at a Rubio rally in Chapin, SC.
  • CNN and MSNBC held competing town halls, with presidential candidates Ben Carson, Ted Cruz and Marco Rubio appearing on CNN and Donald Trump fielding questions on MSNBC.
  • After his cooling-off period—the time between leaving office and being allowed to register as a lobbyist—ended earlier this year, former U.S. Rep. George Miller (D-Calif.) registered as a lobbyist for his first client, the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry.
  • According to a Gallup poll conducted Feb. 3-7, 57 percent of Americans disapprove of the nuclear deal with Iran, while 30 percent approve. The study also found that the recent signing of the nuclear deal with Iran has done little to improve how Americans view Iran. Only 14 percent of Americans have a favorable view of the country, while 79 percent have an unfavorable view.
  • White House Press Secretary Josh Earnest announced that President Obama would not attend the funeral services of Justice Antonin Scalia that took place on Saturday. Obama did pay his respects at the Supreme Court on Friday, when Scalia’s body lay in repose in the Great Hall.
  • President Obama, who up until this point had largely stayed away from commenting on the 2016 race, remarked that he did not think Trump would be the next president. “I continue to believe Mr. Trump will not be president. And the reason is that I have a lot of faith in the American people. Being president is a serious job. It's not hosting a talk show, or a reality show.”
  • News broke that Donald Trump had threatened legal action against Ted Cruz over an ad in South Carolina addressing Trump’s views on abortion. Cruz responded to the possible lawsuit during a press conference. “Donald, if you want to file a lawsuit challenging this ad, claiming it's defamation, file the lawsuit,” Cruz told reporters. “If I want to bring a lawsuit it would be legitimate. Likewise, if I want to bring the lawsuit regarding Senator Cruz being a natural born Canadian I will do so. Time will tell, Teddy,” Trump responded.
  • Ahead of the South Carolina Republican primary, Donald Trump criticized the senior senator from the state and former presidential candidate, Lindsey Graham. “I think Lindsey Graham is a disgrace, and I think you have one of the worst representatives of any representative in the United States, and I don’t think he should run. I don’t think he could run for dog catcher in this state and win again. I really don’t. Other than that, I think he’s wonderful,” Trump told a crowd at a rally in South Carolina.
  • At an MSNBC town hall in Charleston, SC, Donald Trump told the crowd that he would remain “neutral” when trying to broker a peace deal between Israel and Palestine. “You understand a lot of people have gone down in flames trying to make that deal. So I don’t want to say whose fault it is – I don’t think that helps,” Trump said.
  • While visiting the U.S./Mexican border, Pope Francis told the crowd, “We cannot deny the humanitarian crisis which in recent years has meant migration for thousands of people, whether by train or highway or on foot, crossing hundreds of kilometers through mountains, deserts and inhospitable zones. The human tragedy that is forced migration is a global phenomenon today.” Donald Trump criticized the remarks, calling the Pope a “very political person.” “I think that he doesn’t understand the problems our country has. I don’t think he understands the danger of the open border that we have with Mexico,” Trump added.
  • It was announced that President Obama plans to travel to Cuba on March 21 and 22. Obama would be the first president to visit the country since Calvin Coolidge in 1928. Some Republican presidential candidates responded to the news, including Jeb Bush, who tweeted, “Appalling for @POTUS to legitimize the Castro regime with a visit before freedom for Cuban people.”
  • Rep. Alan Grayson (D-FL), who is also running for the open U.S. Senate seat in 2016, has an interesting approach to determine whom he will support as a superdelegate to the Democratic National Convention. Supporters of Hillary Clinton and Bernie Sanders can vote in an online poll to indicate their favorite candidate. Florida is expected to have 32 super delegates to the Democratic National Convention.
  • Bobbie Kilberg, a Virginia fundraiser and former bundler for Chris Christie, announced that she and her husband Bill would serve as finance committee co-chairs for Jeb Bush’s presidential campaign. Another Christie donor, Home Depot co-founder Ken Langone, backed the campaign of John Kasich.
  • The AFL-CIO, the country’s largest federation of unions, announced that it did not plan to endorse either Hillary Clinton or Bernie Sanders for the time being. "Following recent discussion at the AFL-CIO’s Executive Committee meeting and subsequent conversations with many of you, I have concluded that there is broad consensus for the AFL-CIO to remain neutral in the presidential primaries for the time being and refrain from endorsing any candidate at this moment," AFL-CIO President Richard Trumka said.
  • The Wall Street Journal reported that North Carolina Republican businessman Jay Faison “will spend at least $5 million on behalf of about a dozen congressional Republicans” across the country who embrace what Faison considers clean energy policies, adding that “I’m dedicated to helping conservatives and the GOP go on the offense on this issue.”
  • In a new NBC News/Wall Street Journal national poll, Ted Cruz topped the Republican field for the first time, edging out Donald Trump 28 percent to 26 percent, respectively.

February 18

  • Pope Francis responded to Donald Trump’s comments that Francis was a “very political person” from the day prior. “A person who thinks only about building walls, wherever they may be, and not building bridges, is not Christian. This is not in the gospel,” Francis told the press. Trump quickly replied, “No leader, especially a religious leader, should have the right to question another man's religion or faith.”
  • In a national CBS News poll of likely Republican primary voters, Donald Trump reclaimed his lead over Ted Cruz. Trump had a commanding 35 percent with Cruz at 18 percent.
  • Hillary Clinton responded to requests to release transcripts of her paid speeches at Goldman Sachs events. “I am happy to release anything I have when everybody else does the same,” Clinton told the crowd at a town hall in Nevada.
  • The United States Senate Committee on Health, Education, Labor, and Pensions announced that it will consider John B. King Jr. for U.S. secretary of education on February 25. President Obama nominated King on February 11. King has been serving as acting secretary of education since Arne Duncan left the post at the end of December 2015.

February 19

  • Justice Antonin Scalia rested in repose at the Supreme Court on the catafalque (a frame used to support a coffin) used for President Abraham Lincoln in 1865.
  • U.S. Air Force F-15E jets struck an Islamic State camp in Libya, killing at least 30 of the terrorist group’s recruits. Senior Tunisian operative Noureddine Chouchane was the main target in the attack, and he is believed to be dead. According to The New York Times, “Mr. Chouchane was suspected of being a major Islamic State operative who helped organize an attack on the National Bardo Museum in Tunis that killed 22 people in March and another in June that killed 38 people at a beach in the coastal resort in Sousse.”
  • The Department of Justice filed a motion that would require Apple to comply with a court order to grant the FBI access to iPhone data of one of the San Bernardino shooters. “Boycott Apple until such time as they give that information,” Donald Trump told attendees at a town hall event in South Carolina.

February 20

  • South Carolina held its Republican primary.
    • Donald Trump easily won the South Carolina Primary. It was a tight race for second between Marco Rubio and Ted Cruz for second place, with Rubio edging out Cruz by a margin of a little over 1,000 votes.
    • Donald Trump received all 50 of the delegates South Carolina will have at the 2016 Republican National Convention. Of this total, 21 are district-level delegates (three for each of the state's seven congressional districts). South Carolina's district-level delegates are allocated on a winner-take-all basis; the candidate who won the plurality of the vote in a given congressional district are allocated all three of that district's delegates.
    • After coming in fourth in the South Carolina Republican Primary, Jeb Bush (R) suspended his presidential campaign. “The people of Iowa and New Hampshire and South Carolina have spoken and I really respect their decision,” Bush told a crowd in South Carolina.
  • Nevada held its Democratic caucus.
    • Hillary Clinton won the Nevada Democratic caucuses with 52.6 percent. Bernie Sanders won 47.3 percent. “Some may have doubted us, but we never doubted each other,” Clinton said in her acceptance speech. She also took aim at Sanders populist message of economic inequality and growing the social safety net. “It can’t just be about what we’re going to give to you; it has to be about what we are going to build together,” Clinton said. Sanders sought to highlight his momentum and looked ahead to future contests. "I believe that on Super Tuesday we've got an excellent chance to win many of those states," he said.
    • Nevada is expected to have 43 delegates at the 2016 Democratic National Convention. Of this total, 35 will be "pledged delegates." Clinton received 19 pledged delegates and Sanders received 15 pledged delegates. A candidate is eligible to receive a share of the state's pledged delegates when he or she wins at least 15 percent of the votes cast in the caucuses. There are three types of pledged Democratic delegates: congressional district delegates, at-large delegates, and party leaders and elected officials (PLEOs). Congressional district delegates are allocated proportionally based on the caucus results in a given district. At-large and PLEO delegates are allocated proportionally based on statewide caucus results.
  • The Basilica of the National Shrine of the Immaculate Conception in the District of Columbia held a funeral mass for Justice Antonin Scalia.
Congress will be in session this week. The Senate will be in session Monday-Friday, and the House will be in session Tuesday-Friday. SCOTUS is in session. The court will hear oral arguments in eight cases this week.

Many are wondering what could happen with an even number of justices in the event of a tie. The absence of a ninth justice creates the possibility that the court will issue numerous 4-4 decisions this term. If that happens, the lower court's ruling in the case will be upheld. The justices could also decide to have cases reargued when Justice Scalia’s vacant seat has been filled. Tom Goldstein, the publisher of SCOTUSblog, wrote, "Because the Court follows tradition when possible, I think the most likely outcome by far is that the Court will order the affected cases reargued next Term."

This week

There are no presidential filing deadlines this week.

February 23

  • Nevada will hold its Republican caucus.
    • Nevada is expected to have 30 delegates at the 2016 Republican National Convention. Of this total, 12 will be district-level delegates (three for each of the state's four congressional districts). Nevada's district-level delegates will be allocated on a proportional basis; each candidate who wins a percentage of the statewide caucus vote in Nevada will be entitled to a share of the state's district delegates.

February 25

  • Republicans will hold their 10th debate. This debate will be in Houston, Texas, at the University of Houston.
  • In California, signatures (in lieu of a filing fee period) are due for candidates for U.S. senator, U.S. representative, state senator and state Assembly member. Candidates can either submit signatures by February 25 or pay a filing fee, in which case the deadline is March 11.
    • For U.S. senator: A candidate may choose to submit a minimum of 10,000 valid signatures instead of a filing fee. The filing fee is equal to 2 percent of the first year’s salary for the office of United States senator, which is currently $3,480.00.
    • For U.S. representative: A candidate may choose to submit a minimum of 3,000 valid signatures instead of a filing fee. The filing fee is equal to 1 percent of the first year’s salary for the office of U.S. representative in Congress, which is currently $1,740.00.

February 27

Where was the president last week? Federal judiciary
The president continued his California trip early last week, speaking with a group from the Association of Southeast Asian Nations. He then flew to New Orleans, Louisiana, where he commemorated the seventh anniversary of the American Recovery and Reinvestment Act.  
  • 81 total federal judicial vacancies
  • 39 pending nominations
  • 11 future vacancies.


As of last Friday, no judicial hearings had been scheduled for this week.

State

Last week

February 16

  • An indirect initiated statute in Maine intended to raise the minimum wage to $9 an hour in 2017—and $1 an hour each year after, until it reaches $12 an hour in 2020—will head to the state legislature. Lawmakers will vote on whether to enact the measure directly or to place it before voters on the November 8 ballot. A total of 75,275 valid signatures were filed; the initiative needed 61,123 signatures to appear on the ballot.
  • Pennsylvania Attorney General Kathleen Kane (D) announced during a press conference that she will not seek re-election as attorney general. She maintained that she was innocent of the charges against her and stated that she is choosing to focus on family obligations.
    • The primary for attorney general of Pennsylvania will take place on April 26. Three Democrats—Northampton County District Attorney John Morganelli, Montgomery County Commissioner Josh Shapiro and Allegheny District County Attorney Stephen Zappala—will compete for the Democratic nomination; former state Deputy Attorney General Joseph Peters and state Senator John Rafferty will vie for the Republican nomination. The general election will take place on November 8, 2016.
    • Just last week, the Republican-held Pennsylvania state Senate voted not to remove Attorney General Kathleen Kane (D) from office. The Senate vote of 29-14 did not meet the two-thirds majority (33 votes) that is required to remove executive officials. On the same day, the state House voted 170-12 to have the House Judiciary Committee make a recommendation on impeaching Kane. If the House chooses to remove her from office, the trial proceedings will take place in the state Senate. Kane was charged in 2015 with five criminal offenses, including perjury and obstruction, and she has pleaded not guilty to all charges. A trial is scheduled for later this year. Kane is not allowed to practice law while her license is suspended, though she continues her administrative duties as attorney general. Governor Tom Wolf has called for Kane to step down from her position. Kane said she has no intention of resigning. (Read Ballotpedia’s comprehensive coverage of the Kane allegations.)
  • Mark Myers, commissioner of Alaska’s Department of Natural Resources, is retiring for personal reasons, effective March 1. Myers began the position in 2015; Deputy Commissioner Marty Rutherford will serve as the department head on an acting basis. Rutherford was part of former Governor Sarah Palin’s oil and gas team, and wrote the Alaska Gasline Inducement Act—a plan for TransCanada to build a new pipeline across the North Slope of Alaska down to the rest of the U.S—which was never passed.
  • A pretrial hearing began for an ethics case regarding Alabama state House Speaker Mike Hubbard (R). Hubbard was indicted in 2014 on 23 counts that include solicitation of personal jobs, solicitation of personal business investments and the addition of language into a budget that would benefit clients. Hubbard is also accused of lobbying state executives, including Gov. Robert Bentley (R), for his personal clients. Hubbard’s defense team, which contends prosecutor Matthew Hart wants to undermine Hubbard’s career, submitted a motion to dismiss the case after a radio host signed an affidavit stating that Hart shared confidential grand jury information. Hart told the court that the radio host is a confidential informant. A hearing, in which the host will be required to answer the judge’s questions about the affidavit, is scheduled for March 3, 2016. Hubbard remains speaker of the House, and Republicans control the chamber 72-33. The Alabama Legislature is not holding elections in 2016, as legislators serve four-year terms and were most recently elected in 2014.
  • North Carolina Gubernatorial candidate and Attorney General Roy Cooper (D) will not participate in two debates scheduled to take place in coming weeks. According to Cooper’s spokesperson, Cooper declined the invitation to the debates because he has already shared the stage with Democratic primary challenger, Ken Spaulding, (D) four times. Current Governor Pat McCrory (R) is running for re-election. McCrory and Cooper are favorites in their respective primaries, which take place on March 15. North Carolina is a state government trifecta. The Democratic Party’s chance at breaking up the trifecta resides in the gubernatorial race.
  • In an Oklahoma lawsuit against state-awarded school vouchers for students with disabilities, the Oklahoma Supreme Court upheld the program. The voucher program provided state funds to students with disabilities to attend the private school of their choice, “including religious schools.” The lawsuit states that the program violates the state constitution, which prohibits direct or indirect state aid for religious institutions. The court ruled that because the school is chosen by the parent and not the state, the program does not equate to state involvement in religion. Colorado faced a lawsuit against its voucher program last year, in which a state supreme court judge struck down the program as a violation of the state constitution’s prohibition of public aid to religious institutions. A voucher program is also being challenged in Nevada for similar reasons.
  • The Sierra Club filed a lawsuit against three energy companies in the U.S. District Court for the Western District of Oklahoma. The environmental group alleges that the energy companies' use of injection wells to store wastewater from fracking operations has led to an increase in earthquakes (also known as seismicity). According to the suit, earthquakes increased from an average high of 167 quakes per year (from 1977 to 2009) to 5,800 earthquakes in 2015. The same day, the Oklahoma Corporation Commission, which regulates the state's oil and gas industry, asked injection well operators to reduce the amount of water injected by 40 percent across almost 250 injection wells.
  • Business owner and political newcomer Andrew Barkis (R) was selected by a board of county commissioners in Washington for the District 2 state House seat. Republican precinct committee members, who met separately last weekend to choose the top three nominees, did not name Barkis as their top pick, but the commissioners said they chose Barkis because he’s from an unrepresented county in the legislature. Barkis will serve for the nine months remaining of the term vacated by Rep. Graham Hunt (R), who resigned recently over accusations that he lied about his military record. If Barkis wishes to keep the seat, he will have to win in the November 2016 election for a full two-year term. Washington has a divided government: the House and governor’s office are held by Democrats; Republicans hold the Senate majority.
  • The Utah House Business and Labor Committee passed a bill addressing the state’s recent air pollution. Utah is experiencing the worst air pollution since 2013 due to high levels of particulate matter caused by a temperature inversion. On February 10, 2016, Salt Lake City had particulate matter concentrations of 70 micrograms of particles per cubic meter, far higher than federal standards. House Bill 316, which was sponsored by Rep. Brad Wilson (R) and passed by the committee by a vote of 11 to 2, would reinstate a rule allowing only the sale of water heaters that produce fewer nitrogen oxide emissions and would require buildings to have energy-efficient lighting.
  • Seventeen governors signed a voluntary agreement spurring renewable energy production in their states. The governors represent California, Connecticut, Delaware, Hawaii, Iowa, Massachusetts, Michigan, Minnesota, New Hampshire, Nevada, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Virginia. The plan, entitled Governors' Accord for a New Energy Future, encourages more renewable energy, more energy-efficient electrical grids, and more vehicles that run on biofuels. Four governors that signed the agreement are Republicans -- Terry Branstad, Brian Sandoval, Charlie Baker and Rick Snyder -- while the rest are Democrats. The agreement is seen partly as a policy response to climate change, although California Governor Jerry Brown (D) said the signers purposely omitted the term to avoid the divisiveness over climate change.
  • Republican Danny Crawford won a special election for Alabama House District 5, defeating former state Representative Henry White (D) by a 59-41 margin. The election was prompted by the death of Republican Dan Williams.
  • Democrat Park Cannon won a special runoff election for Georgia House of Representatives District 58, which was last represented by Democrat Simone Bell. Georgia has a Republican state government trifecta. Cannon’s election is the sixth of the nine 2016 special elections in which a party has maintained control of a seat.

February 17

  • Wisconsin held a primary election for the Supreme Court seat vacated by the September 2015 death of Justice N. Patrick Crooks. Rebecca Bradley and JoAnne Kloppenburg received the most votes and will advance to a general election in April 5, 2016. Bradley, who was appointed by Governor Scott Walker (R) to fill Crooks’ seat in October 2015, is running to retain her seat for a 10-year term. Kloppenburg narrowly lost her bid for a seat on the court in 2011, by less than 0.05 percent of the vote. Though judges in Wisconsin participate in nonpartisan elections, analysts find a 5-2 conservative majority on the court, which Bradley would maintain. Recent Wisconsin Supreme Court elections have seen significant partisan battles, in part relating to Governor Scott Walker’s collective bargaining bill and the subsequent recall attempts against him. While Bradley is considered the conservative candidate of choice, Kloppenburg has received support from liberal organizations.
  • The New Mexico State Senate approved legislation that would permit 17-year-olds to vote in primary elections. The law would apply only to those individuals who are 17 years old at the time of the primary and who will be 18 years old at the time of the general election. The bill, which was introduced by Sen. Mark Moores (R), passed the Senate by a 24-16 vote. Earlier in February, the bill passed the New Mexico House of Representatives by a 41-26 vote. The bill, which passed both chambers with bipartisan support, was sent to Governor Susana Martinez (R) for her signature after clearing the Senate. If Martinez signs the bill into law, it will take effect in 2018. In 15 states, 17-year-olds who will be 18 by the time of the next general election are permitted to vote in that year's congressional primaries. In 21 states, 17-year-olds may have the same option for presidential primaries and caucuses, though rules can differ from party to party within a state.
  • A federal class-action lawsuit was filed in Washington state against its Medicaid policy of denying coverage of costly drugs for hepatitis C until patients have advanced liver damage. Sovaldi and Harvoni are newly developed drugs that have a 90 percent cure rate for hepatitis C, but they cost $84,000 to $95,000 for a course of treatment. The complaint argues that “It is unlawful to withhold prescription drugs that cure a disease from Medicaid beneficiaries based on the cost of those drugs.” The state estimates that purchasing the drugs for every Medicaid patient with hepatitis C would cost $3 billion per year, about 29 percent of its 2014 Medicaid budget. A similar lawsuit was filed last year in Indiana. A study published last August in the Annals of Internal Medicine found that Medicaid programs in 34 states restrict coverage of Sovaldi to patients with some form of liver damage.
  • Kai Kahele (D) was appointed by Governor David Ige to fill Hawaii’s District 1 Senate seat, which was vacated upon the death of Kahele’s father, Sen. Gil Kahele (D), earlier this year. Kahele will run in the November 2016 election for the remainder of the term that expires in November 2018. The Democratic Party holds a comfortable majority in Hawaii’s state Senate.
  • Representative Don Gosen (R) resigned from the Missouri state House under pressure from House Speaker Todd Richardson (R). When the resignation was announced, Gosen did not give a reason for stepping down except that he needed to focus on his family and to address personal rumors. He later admitted to having an extramarital affair. He is the third Missouri legislator to resign in the past year: former House Speaker John Diehl resigned last spring, and state Senator Paul LeVota resigned in July 2015. Missouri has divided partisan control: The General Assembly is held by Republicans; Governor Jay Nixon is a Democrat. Republicans are expected to easily retain majority control of the legislature in this fall’s election. The governorship is one of the most-watched gubernatorial elections this year, in which Democrat Gov. Nixon is not seeking re-election due to term limits. Four candidates—businessman John Brunner, Lt. Gov. Peter Kinder, nonprofit CEO Eric Greitens and former Speaker of the House Catherine Hanaway—are vying for the Republican nomination. One Democrat, Attorney General Chris Koster, is running unopposed in the primary election that will take place on March 15, 2016.
  • Massachusetts state Senator Brian Joyce (D) is under an FBI investigation prompted by a series of stories conducted by the Boston Globe. The investigation may be related to a request made by Massachusetts Governor Charles Baker (R) to the state Ethics Commission to look into accusations that Joyce received free dry cleaning for over a decade, which is worth thousands of dollars, according to the Globe.
  • Joyce has faced scrutiny before: earlier this year he was ordered, by the state Office of Campaign and Political Finance, to pay $5,000 to local charities because he used campaign funds to pay for his son’s graduation party, and he resigned in 2015 from his position as assistant Senate majority leader after he was accused of meeting with state insurance regulators for a private client. Joyce believes he is being treated unfairly by the media and is not considering resigning. A spokesperson for President of the Senate Stanley Rosenberg said an announcement will be made upon the completion of the investigation. The chairman of the Massachusetts Republican Party called for Joyce to step down. Massachusetts has divided partisan control: both legislative chambers are held by Democrats; Governor Charles Baker is a Republican who was elected in 2014.

February 18

  • Maine Secretary of State Matthew Dunlap (D) confirmed that supporters had collected more than the 61,123 valid signatures required to place a measure on the November ballot to decide whether background checks should be required for gun sales or transfers among those who are not licensed firearm dealers. The indirect initiated state statute now goes before the Maine Legislature, which can either approve it or send it to the ballot. Maine’s measure follows Washington state’s similar Initiative 594 in 2014, which marked the first time firearm background checks were approved via the ballot.
  • The North Carolina State Legislature convened a special session to redraw the state's congressional district map. The original map was thrown out by a federal court on February 5. The court found that state lawmakers had placed disproportionately large numbers of black voters in Districts 1 and 12, thereby illegally diluting the impact of their votes.
  • New Mexico Legislature session adjourned. New Mexico has a divided government: the Senate is controlled by Democrats; the House and the governor’s seat are held by Republicans. New Mexico’s state legislature convenes its annual regular session on the third Tuesday of January. In odd-numbered years, the legislature is to be in session for no longer than 60 days. In even-numbered years, the legislature is to be in session for no longer than 30 days. In even-numbered years, the legislature is limited to dealing with budgetary matters, bills that deal with issues raised by special messages of the Governor of New Mexico, and bills vetoed in the previous session by the governor. Members of the New Mexico State Legislature are not paid a salary; the per diem is $165 per day, tied to the federal rate.

This week

February 25

  • In California, signatures (in lieu of a filing fee period) are due for candidates for U.S. senator, U.S. representative, state senator and state Assembly member. Candidates can either submit signatures by February 25 or pay a filing fee, in which case the deadline is March 11. California is one of seven Democratic state government trifectas.
    • For state senator: A candidate may choose to submit a minimum of 3,000 valid signatures instead of the filing fee. The filing fee is equal to 1 percent of the first year’s salary for state senator, which is currently $1,001.13.
    • For state Assembly member: A candidate may choose to submit a minimum of 1,500 valid signatures for member of the Assembly instead of the filing fee. The filing fee is equal to 1 percent of the first year’s salary of a member of the Assembly, which is currently $1,001.13.
State government in session State government special elections
Thirty-eight states are in regular session; California and Louisiana are in special session.

No regular sessions are scheduled to convene this week.

AK, AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MO, MS, NE, NH, NJ, OH, OK, OR, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY.

Recesses:

  • RI until 02/23/2016
  • NY until 02/24/2016
  • NJ until 02/29/2016
  • NH House until 03/09/2016
  • PA until 03/14/2016

Adjourned sessions:

  • NM
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 24 Republican trifectas.		 As of this week, nine legislative special elections have been held in 2016. Three involved party changes: one from Republican to Democrat (Oklahoma, SD 34), and two from Democrat to Republican (Texas,

HD 118, and Minnesota, HD 50B). Another 27 (not including runoff elections) have been scheduled in 16 states.

  • No special elections are to be held this week.

Local

Last week

February 16

  • The mayor’s office and seven of 15 common council seats in Milwaukee, Wisconsin, were up for primary election. Mayor Tom Barrett (D) and challenger Robert G. Donovan advanced to the general election, which will be held on April 5, 2016. Milwaukee is the 30th-largest city in the United States.
  • Eight of the 50 largest school districts by enrollment in Wisconsin held primary elections. Nineteen total seats were up for grabs in the primary elections across those eight districts. The school districts with primary elections were Holmen, Kenosha, Marshfield, Neenah, Oak Creek-Franklin, Oconomowoc, Racine and West Bend. Incumbents ran for re-election in 12 of the 19 races. The general election will be held on April 5, 2016.
  • Four Wisconsin county circuit court judgeships were up for primary election. The counties that held elections were Iowa, Kewaunee, Portage and Walworth. The general election will be held on April 5, 2016.
  • Phoenix Mayor Greg Stanton (D) endorsed Proposition 123, which is known as the “Arizona Education Finance Amendment.” The constitutional amendment would allocate $3.5 billion for education funding, with about $1.4 billion coming from the state's general fund and another $2 billion coming from an increase in the annual distributions of the state trust land permanent funds to education. In an interview, Mayor Stanton said, “Prop. 123 is a step in the right direction and is therefore worthy of my support. I often get asked if I were in charge, would this be my plan. The answer is no. I'd be much more aggressive in supporting additional resources.” State Treasurer Jeff DeWit (R) has argued against Prop. 123, stating, "Due to the payout structure of this plan, it could face years of litigation with questionable outcomes.” The measure will go before voters on the primary ballot on May 17, 2016.
  • Texas District 435 Judge Michael Seiler (R) resigned amid allegations that he had inappropriately obtained juror information. Prior to his resignation, Seiler had filed to run for re-election in 2016. Although his name will still appear on the primary ballot, he will be required to withdraw if he advances to the general election. The primary election on March 1, 2016, will feature 295 judgeships up for election—259 seats for the Texas District Courts and 36 for the Texas County Courts. Out of those 295 races, 189 (64.1 percent) will be won without a contest by candidates who are running unopposed. There are 113 open seats up for election where incumbents are not making re-election bids.

February 19

  • FILING DEADLINE: Deadline to run for the mayor's office and three of the six seats on the city council in Lubbock, Texas, and for four of the nine seats on the city council in Garland, Texas. The general elections will be held on May 7, 2016. Lubbock is the 84th-largest city and Garland is the 86th-largest city in the United States.
  • FILING DEADLINE: Deadline to run for 152 school board seats across 56 of Texas’ largest school districts holding general elections on May 7, 2016. In 2016, 641 of America's 1,000 largest school districts by enrollment are holding elections.

This week

February 23

  • New York City will hold a special election for the District 17 seat on the city council. Six candidates will appear on the ballot for a term that will expire on December 31, 2016. Maria del Carmen Arroyo (D) resigned from the city council on December 31, 2015.
  • Residents in Carlsbad, California, will vote on the Agua Hedionda South Shore Development Specific Plan. More than 200 acres of land in the area would be developed if the plan is approved. Some of the measure’s supporters include the city's mayor and the Carlsbad Chamber of Commerce, and its opponents include the conservation committee of the San Diego Sierra Club.
  • In California, Carson City Clerk Jim Dear will face a recall election. Recall proponents criticized his “erratic behavior,” which included a June 2015 court battle against the city council over the temporary appointment of an election official to complete the tallying of election results earlier in the month. A reporter for the local newspaper stated that Dear reacted to the appointment "with a dramatic public fight in which the council members largely ignored him while he lashed out, calling them corrupt and evil.” In that meeting, Dear argued, “This is a nation and a city of laws, not a nation and a city of despots and dictators. For 11 years (while I was mayor), no corruption. Now we have corruption. For 11 years, the district attorney of the county of Los Angeles, the attorney general of the state of California, not one time did they ask me a single question. The FBI had a three-year investigation in Carson and they never asked me, Jim Dear, one single question. But they did ask questions of the corrupt officials. The corrupt officials have people in the audience that will snicker and heckle.”
  • In Oregon, Columbia River People’s Utilities District Director Craig Melton will face a recall election. The petition argued that Melton demonstrated “poor leadership” by voting to remove two interim managers in less than six months. Melton criticized the recall effort for allegedly misleading residents during the petition drive effort. Ballotpedia has covered six local recall elections so far in 2016.

February 25

  • Scottsdale Mayor Jim Lane (R) is expected to deliver his State of the City address. Lane was first elected as mayor in 2008 and was re-elected in 2012. Scottsdale, the 94th-largest city in the United States, will hold a general election for three of six city council seats on November 8, 2016.
  • FILING DEADLINE: Petition signatures due for the effort to recall County Prosecutor Mark Lindquist from his position in Pierce County, Washington. On February 9, 2016, the recall proponents announced that they would not be able to gather the required amount of signatures to put the recall on the ballot. They needed to gather 38,642 signatures and had only about 13,000 signatures as of February 9. They said that they would make another effort to recall Lindquist, who they alleged misused the powers of his office and county funds.

February 26

Find out.
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