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The Tap: The American Health Care Act

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March 11, 2017Issue No. 56

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The week in review: March 4 - March 10
What's on Tap next week: March 11 - March 17

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

House Republicans released a bill to replace the Affordable Care Act. On March 6, Representatives Kevin Brady (R-Texas) and Greg Walden (R-Ore.) introduced the American Health Care Act (AHCA) in the U.S. House of Representatives. The bill is a reconciliation bill, meaning it impacts the budgetary and fiscal provisions of the ACA, and does not contain a provision to repeal the law in its entirety. The bill would repeal the penalties on individuals for not maintaining health coverage and on employers for not offering coverage. In place of the individual mandate and income-based subsidies, the bill outlines a system of tax credits based on age and a penalty in the form of increased premiums for individuals who do not maintain continuous coverage.

Conservative and libertarian-leaning Republicans—led by members of the House Freedom Caucus, the Republican Study Committee, and Sen. Rand Paul (R-Ky.)—have criticized the AHCA because it does not fully repeal the ACA, includes an extended period for the Medicaid expansion, and replaces income-based subsidies in the ACA with age-based tax credits, which they see as a new entitlement. Some centrist Republicans have criticized the bill because they oppose the changes to Medicaid. Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) oppose the bill because it would defund organizations like Planned Parenthood that provide women's healthcare services as well as abortion services. No Democratic members of Congress support the bill.

Speaker of the House Paul Ryan (R-Wis.) and Reps. Walden and Brady have countered opposition in their party by explaining that they would like to make additional changes to the healthcare system but they had to put forward a bill that had a chance of passing the Senate. Walden said that passing a full repeal of the ACA would require support from Democrats, but Democrats are strongly opposed to a full repeal. Because a repeal bill would not meet the 60-vote threshold, Walden and Brady proposed a reconciliation bill that only needs a simple majority to pass in the Senate. Walden said, “Part of what we’re getting criticized for is what’s not in this bill. There are a lot of things that we will do going forward in the next bucket that we are prohibited from putting in this bill because of the rules of the Senate on reconciliation. So we could load this thing up, but then you got to get 60 votes in the Senate. You can get 60 votes in the Senate, I’m all for doing more. I want to get as much reform as I can here. This is the start. This is one piece.”

Find out where members of Congress stand on the AHCA here.

 

Federal

The Week in Review

Saturday, March 4

Trump accuses Obama of wiretapping Trump Tower during 2016 presidential election

  • In a series of tweets, President Donald Trump accused former President Barack Obama of having Trump Tower, the headquarters of the Trump Organization, wiretapped during the 2016 presidential election. He wrote, “Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!” In another tweet, Trump continued, “How low has President Obama gone to tapp [sic] my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!”
    • Trump was criticized by Democratic members of Congress for not providing proof of his claim. “If there is something bad or sick going on, it is the willingness of the nation's chief executive to make the most outlandish and destructive claims without providing a scintilla of evidence to support them,” said Rep. Adam Schiff (D-Calif.), the ranking member on the House Intelligence Committee. Some Republicans called for investigations based on Trump’s claim, while Sen. John McCain (R-Ariz.) said that Trump should share the source of his information.
    • House Intelligence Committee chair Rep. Devin Nunes (R-Calif.) said on Sunday that the committee would “make inquiries into whether the government was conducting surveillance activities on any political party’s campaign officials or surrogates, and we will continue to investigate this issue if the evidence warrants it” as part of its investigation into alleged Russian interference in the election.
    • The White House also released the following statement on Sunday: “President Donald J. Trump is requesting that as part of their investigation into Russian activity, the congressional intelligence committees exercise their oversight authority to determine whether executive branch investigative powers were abused in 2016. Neither the White House nor the President will comment further until such oversight is conducted.”

Sunday, March 5

Montana Democrats choose special election nominee

Monday, March 6

Trump issues new executive order on immigration and refugee admission

  • President Donald Trump issued a revised executive order on immigration, entitled "Protecting the Nation from Foreign Terrorist Entry into the United States," to suspend immigration from Iran, Libya, Somalia, Sudan, Syria, and Yemen for 90 days. Iraq, which was named in Trump’s original January 27 order, was removed from the list of covered countries after the Iraqi government instituted new vetting procedures, including heightened visa screening and data sharing with the U.S. Other differences from the January 27 order include specifying that current visa holders were not affected, removing the indefinite suspension on admitting Syrian refugees, and allowing entry for refugees who had already been granted asylum.
  • On March 7, Hawaii Attorney General Doug Chin filed a lawsuit against the order. Chin asked a federal judge to uphold the restraining order imposed on the previous executive order and apply it to the new one.
  • On March 9, Washington Attorney General Bob Ferguson (D) filed a motion asking a federal judge to extend an existing injunction against the previous travel ban to the new executive order. Ferguson announced that attorneys general from New York, Massachusetts, and Oregon would be joining in his effort to enforce the injunction against the new order.

SCOTUS sends transgender bathroom case back to the 4th Circuit

  • The U.S. Supreme Court voided the judgment of the Fourth Circuit Court of Appeals in Gloucester County School Board v. G.G., a case involving a school board policy on the use of school bathrooms by transgender individuals. The Supreme Court also sent the case back to the circuit court for new proceedings pursuant to new guidance issued by the U.S. Department of Education and the U.S. Department of Justice on February 22, 2017, related to federal policy regarding transgender bathroom laws in public schools. Because the Supreme Court vacated the Fourth Circuit’s ruling, the school board’s policy is in effect in lieu of another judicial order limiting or restricting the enforcement of the policy.

SCOTUS issues rulings in two cases

  • The U.S. Supreme Court also issued opinions in two cases argued during this term:
    • In Beckles v. United States, the court unanimously affirmed the judgment of the Eleventh Circuit Court of Appeals in holding that the U.S. Sentencing Guidelines are merely advisory guidelines and not a sentence-fixing statute. Because the guidelines merely advise judges on sentencing but do not mandate or require a fixed sentence, the court ruled that language in the guidelines defining crimes of violence could not be subject to a vagueness challenge under the due process clause. Had the guidelines been held to be a sentence-fixing statute, and not merely advisory, then a vagueness challenge could have been advanced. Justice Clarence Thomas wrote the opinion for a unanimous court in his first authored opinion of this term. Justice Anthony Kennedy wrote a concurring opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor each wrote an opinion concurring in the judgment only. Justice Elena Kagan recused herself based on her prior involvement as U.S. solicitor general.
    • In Pena-Rodriguez v. Colorado, the court held that a Sixth Amendment inquiry is required when evidence of explicit racial animus by a juror is presented after a defendant is convicted. This ruling created a race-based exception to what are known as no-impeachment rules. These rules are used to prohibit the introduction of testimony regarding statements made during jury deliberations when those statements are later introduced to challenge the jury's verdict. Justice Anthony Kennedy delivered the opinion of the court for a five-justice majority—his third opinion in argued cases this term. Justice Samuel Alito wrote a dissenting opinion, which was joined by Chief Justice Roberts and Justice Thomas. Justice Thomas also wrote a dissenting opinion.

Montana Republicans choose special election nominee

Tuesday, March 7

Deputy AG nominee questioned about appointing a special prosecutor in Russia investigation

  • During his confirmation hearing before the Senate Judiciary Committee, Rod Rosenstein, Trump's nominee for deputy attorney general, declined to commit to appointing a special prosecutor to investigate alleged connections between Russia and the Trump campaign. In response to Sen. Richard Blumenthal (D-Conn.), Rosenstein said, "You view it as an issue of principle that I need to commit to appoint a special counsel in a matter that I don't even know if it is being investigated, and I view it as an issue of principle that as a nominee for deputy attorney general, I should not be promising to take action on a particular case."

Senate passes resolution repealing Bureau of Land Management planning rule

  • The U.S. Senate passed a resolution under the Congressional Review Act to repeal the U.S. Bureau of Land Management's (BLM) 2016 regulation known as the Planning 2.0 rule. The resolution was passed by a vote of 51 to 48. The U.S. House of Representatives passed a similar resolution in February 2017 by a vote of 234 to 186. The rule included changes to resource management policies at the federal level and would revise federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions. Under the Congressional Review Act, Congress can reverse regulations within 60 days of their finalization, and the resolution must be signed by the president.
    • Proponents of the rule argue that it would increase public participation in federal land use decisions and improve the agency's ability to implement land management policies in response to changing economic, social, and environmental circumstances.
    • Opponents of the rule argue that it would limit public participation from states and localities by concentrating land use decision-making at the federal level and would undermine the multiple-use management policy enacted under the Federal Land Policy and Management Act of 1976.
    • See also: Federal policy on environmental regulations, 2017-2018, Federal land policy

Wednesday, March 8

Changes expected for the EB-5 immigrant investor program

  • Members of the House Judiciary Committee indicated that the EB-5 immigrant investor program—which allows individuals who invest $1 million in the U.S. or $500,000 in high unemployment areas to obtain a green card—should be altered or discontinued at the end of April. Rep. Jim Sensenbrenner (R-Wis.) said, "The days of last-minute extensions and continuing resolutions are over. Let me repeat that: No more extensions in CRs." Rep. John Conyers (D-Mich.) similarly said, "I must reiterate to achieve the necessary reforms to the EB5 programs, there is no substitute to a meaningful legislative solution, and absent significant reform, either regulatory or legislative, I will not be able to support continued authorization of this program." Proposals to modify the program included raising the minimum investment threshold from $500,000 to $1.35 million and narrowing the requirements for what qualifies as a high unemployment area.

House passes defense spending bill

Thursday, March 9

EPA administrator says carbon dioxide is not a primary contributor to global warming

Former Utah Gov. Jon Huntsman, Jr. accepts Trump’s nomination for Russian ambassador

  • Jon Huntsman, Jr., the former governor of Utah and a 2012 Republican presidential candidate, reportedly accepted President Donald Trump’s nomination to be the U.S. ambassador to Russia. He previously served as the U.S. ambassador to China under former President Barack Obama from 2009 to 2011 and the U.S. ambassador to Singapore under former President George H.W. Bush from 1992 to 1993.

 

Congress is IN session SCOTUS is NOT in session
The U.S. Senate will be in session Monday-Wednesday. The U.S. House will be in session Tuesday-Friday. The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Monday, March 20.

What’s On Tap Next Week

Saturday, March 11

William Riley steps down as chief judge of the Eighth Circuit

Monday, March 13

Filing deadline for South Carolina special election

 

Where was the president last week? Federal judiciary
In addition to other policy discussions, President Donald Trump met with key healthcare policy leaders at the White House throughout the week. On Monday, he met with OMB Director and former Rep. Mick Mulvaney and HHS Secretary and former Rep. Tom Price. On Wednesday, he met with conservative leaders to discuss healthcare.  
  • 131 total federal judicial vacancies
  • 1 pending nomination
  • 12 future vacancies

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

State and Local

Highlights

State

  • On March 7, Hawaii Attorney General Doug Chin filed a lawsuit against the president’s March 6 executive order on immigration. Chin asked a federal judge to uphold the restraining order imposed on the previous executive order and apply it to the new one. The official complaint argues that the new executive order is also illegal because it would harm Muslim residents of Hawaii, the state’s educational institutions, and its economy.
  • On March 9, Washington Attorney General Bob Ferguson (D) filed a motion asking a federal judge to extend an existing injunction against the previous travel ban to the new executive order issued by the president on March 6. This request is similar conceptually to the one filed by Hawaii’s attorney general on Tuesday. Ferguson argued that while the ban was narrowed, it did not, in his view, clear itself of constitutional problems. Ferguson announced that attorneys general from New York, Massachusetts, and Oregon would be joining in his effort to enforce the injunction against the new order. Ferguson previously led the lawsuit against the initial executive order along with Minnesota Attorney General Lori Swanson (D); that lawsuit led to the temporary restraining order issued by federal district Judge James Robart.
  • The new order rescinded and replaced his January 27 executive order. Differences from the January 27 order included removing Iraq from the list of countries subject to the entry suspension, specifying that current visa holders were not affected, removing the indefinite suspension on admitting Syrian refugees, and allowing entry for refugees who had already been granted asylum.

Local

  • On March 9, The Chicago Tribune reported that the Chicago Teachers Union (CTU) is considering a one-day walkout on May 1, 2017, to bring attention to the budget problems facing Chicago Public Schools (CPS). The union will hold a vote on April 5, 2017, to make a final decision on whether or not the walkout will take place. The proposed walkout stems from a December 2016 veto issued by Gov. Bruce Rauner (R) that terminated $215 million in state aid to the ailing school district. The president of the CTU, Karen Lewis, also called on the district to reverse its plan of an April 7 furlough day, one of four ordered by CPS to help the district save money, as a show of good faith that it would continue to work with the union. Chicago Public Schools served 392,558 students during the 2014-2015 school year--approximately 19 percent of all public school students in the state.
    • The turmoil between CPS and the CTU has been ongoing:
      • On August 30, 2016, the CTU called for a strike authorization vote on a potential October walkout. The idea was a response to multiple rounds of failed contract negotiations between CTU, CPS, and Chicago Mayor Rahm Emanuel (D). Contract negotiations to replace a pact that expired in June 2015 had been underway for more than a year. The CTU’s bargaining team rejected a contract proposal that was presented as part of the district’s operating budget in January 2016. A second contract proposal, presented to the CTU in April 2016, was also rejected after teachers staged a one-day walkout. CTU vice president Jesse Sharkey said that 88 percent of union members would have allowed leaders to call a strike, more than the 75 percent required by law.
      • On August 24, 2016, the CPS school board unanimously approved a $5.4 billion operating budget for 2016-2017. The budget included $30 million in concessions from the CTU. In response, Chicago teachers marched in front of CPS headquarters. The budget was first proposed in early August and included increased property taxes and personnel cuts. It also offered gradual pay increases for teachers and phased out district payments into CTU pension and insurance funds. The inclusion of $945 million in borrowing for unspecified construction projects received backlash from CTU leaders after 1,000 teachers, aides, and support staff were laid off earlier in the month due to district budget shortfalls.
 

State

The Week in Review

Ballot Measures Update

2017

  • So far, five statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, and Ohio. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. Moreover, voters in Puerto Rico will decide a referendum on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association.

2018

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

Tuesday, March 7

West Virginia AG Seeks to Overturn Right-to-Work Injunction

  • West Virginia Attorney General Patrick Morrisey (R) filed a request with the state’s highest court to overturn an injunction against right-to-work legislation passed in last year’s legislative session. The injunction was placed by Circuit Judge Jennifer Bailey, who argued that the bill’s potential impact on unions necessitated a broader ruling before it could be implemented. The law initially went into effect on July 1, 2016, and the injunction was granted on August 10. The legislation was passed by both chambers of the legislature, which then had to override a veto by then-Gov. Earl Ray Tomblin (D). Currently, 28 states have right-to-work laws on the books.

Arkansas Voter ID Amendment Certified for Ballot

  • An Arkansas constitutional amendment that would require photo identification for voters was certified for the November 2018 ballot. The amendment, known as HJR 1016, passed 73-12 in the House on February 23 and 24-8 in the Senate on March 7. The measure was proposed in response to the Arkansas Supreme Court’s 2014 ruling that a voter photo ID statute violated the state constitution. HJR 1016 would also require the state to provide valid photographic identification free of charge to eligible voters. If it passes, Arkansas would be the ninth state with a strict photo ID requirement.
    • In 2013, the Republican-controlled legislature passed a voter id bill, overruling a veto by Democratic Governor Mike Beebe. This law—Senate Bill 2—was ruled unconstitutional by the Arkansas Supreme Court in a decision that made it clear that a constitutional amendment would be required to enforce a voter id requirement.
    • Arkansas is currently one of 25 states with a Republican trifecta.

Alabama Auditor Sues Governor Over U.S. Senate Election

  • Alabama State Auditor Jim Zeigler (R) filed a lawsuit against Gov. Robert J. Bentley (R), asserting that Bentley violated the state constitution by setting a special election for the state’s U.S. Senate seat for November 2018. Zeigler’s suit argues that Alabama law requires the governor to set an election immediately since the vacancy occurred more than four months before the next regular election. A spokesman for the governor’s office dismissed the lawsuit as wasteful, and said that the governor had complied with state and federal law in calling the election.
    • The seat is currently being filled by Bentley’s interim appointee, former Alabama Attorney General Luther Strange (R). Strange was appointed to the position on February 9, 2017, to replace Jeff Sessions (R), who was confirmed as United States Attorney General. The race is safely Republican, but Strange is likely to have a more challenging primary race if the election is rescheduled for this year.

Alabama Senate Votes to Eliminate Marriage Licenses

Mississippi House Passes Sanctuary Legislation

  • The Mississippi House of Representatives voted to approve legislation that eliminates the power of cities, state agencies, and public colleges to prevent employees from asking about someone’s immigration status. The bill would also prevent public agencies from giving legal status to people who entered the country illegally. According to The Clarion-Ledger, there is only one sanctuary city ordinance on the books in Mississippi—a 2010 law in Jackson. Gov. Phil Bryant (R) has spoken to national media in support of the legislation. Mississippi is currently one of 25 states with a Republican trifecta.

Lawsuit Dismissed Against Oklahoma Supreme Court Nominee

  • The Oklahoma Supreme Court dismissed a lawsuit disputing whether Patrick Wyrick was eligible to serve on the court following questions about his residency. The court’s dismissal said that the two residents who filed the challenge lacked the legal standing to do so and that the litigation was not filed in a timely manner. Wyrick was appointed to the court by Gov. Mary Fallin (R) on February 9, 2017, to succeed retired Justice Steven Taylor. With his appointment, Wyrick became the second judge on the nine-person court to be appointed by a Republican governor.

Iowa House Passes Firearms Bill

  • The Iowa House of Representatives approved a bill that would change a large number of gun regulations and also enact stand your ground rules in the state. Rep. Matt Windschitl (R), the bill’s sponsor, said that it expands the freedoms of Iowans and increases individual responsibility. Rep. Ras Smith (D) argued that stand your ground policies are potentially harmful to minorities. Windschitl announced that he has plans next year to introduce constitutional carry legislation, which involves eliminating the need for a concealed carry permit to carry a firearm. Iowa is currently one of 25 states with a Republican trifecta.

Minnesota Governor Signs Bill to Allow Sunday Liquor Sales

  • Minnesota Gov. Mark Dayton (D) signed legislation that will allow Minnesotans to purchase liquor on Sundays from 11 a.m. to 6 p.m. beginning on July 2. The state’s ban on Sunday sales dates back to when it gained statehood in 1858. Dayton cited a 2015 Public Policy Polling study that two-thirds of residents approved of Sunday sales as a reason for signing the bill. The bill does allow city officials to enforce their own Sunday liquor sales bans. Minnesota is currently one of 19 states with a divided government.

Kentucky Legislature Votes to Expand Hate Crime Laws

  • The Kentucky General Assembly approved a bill that would expand the state’s hate crime laws to cover attacks against police officers and other emergency responders. Supporters of the law say that those groups should be included because they are sometimes attacked because of the uniform they wear. Opponents claimed that the bill was in response to the Black Lives Matter movement and could lead to harsher penalties aimed at protesters of police. The bill will now head to Gov. Matt Bevin (R) for his signature. Kentucky is currently one of 25 states with a Republican trifecta.

Idaho House Passes Rural Schools Bill

  • The Idaho House of Representatives passed a bill 37-33 that would create a rural schools network to allow schools to collaborate and share resources. The legislation is supported by state superintendent Sherri Ybarra (R). Proponents of the bill say that such networking would improve learning opportunities for rural students and also help administrators. Opponents say that it adds an extra layer of bureaucracy and criticized the estimated $300,000 cost. Idaho is currently one of 25 states with a Republican trifecta.
    • In 2017, Ballotpedia is covering elections for 16 school board seats across six of Idaho’s largest school districts by enrollment. The deadline to file in the May 16, 2017, general election is March 17, 2017. These school districts collectively served 98,106 K-12 students during the 2014-2015 school year. The largest school district in Idaho covered by Ballotpedia is the West Ada School District, which served 36,804 students during the 2014-2015 school year—approximately 13 percent of all public school students in the state.

Wisconsin Assembly Passes Experimental Drug Legislation

  • The Wisconsin State Assembly voted 85-13 to approve legislation that would allow terminally ill patients to take medications that are still undergoing federal testing. Opponents of the legislation say it could give patients false hope, and the Wisconsin Medical Society claimed that the bill would circumvent testing procedures that ensure medication is safe and effective. Proponents, such as the bill’s sponsor, Patrick Snyder (R), said it gives terminally ill patients who have seemed to run out of options hope at finding a cure. The bill now moves to the state Senate for consideration. Wisconsin is currently one of 25 states with a Republican trifecta.

Alabama Special Primary

Oklahoma Special Primary

Pennsylvania Filing Deadline

Wednesday, March 8

Mississippi House Passes Flag Requirement for Public Universities

  • The Mississippi House of Representatives voted 57-56 to require Mississippi State University and the University of Southern Mississippi to fly the state flag in order to receive certain tax breaks related to student housing. The University of Mississippi already receives the tax exemption and would not be impacted by the legislation. Currently, none of the state’s eight publicly-funded universities flies the state flag, which features the Confederate battle emblem as part of its design. The bill’s sponsor, William Shirley (R), says he believes that universities that receive funding from the public should be required to fly the state flag. Rep. Edward Blackmon, Jr. (D), who voted against the bill, said that the flag makes certain groups feel unwelcome, and that a flag should unite people rather than divide. Mississippi is currently one of 25 states with a Republican trifecta.

Michigan Legislature Passes Bills Addressing Recidivism

  • The Michigan State Legislature approved a package of legislation and sent it to the desk of Gov. Rick Snyder (R) for his signature. The 20-bill package includes laws that cap sentences for offenders who violate probation and change parole systems to include progressively harsher penalties for violations rather than jail time. Figures released by the nonpartisan House Fiscal Agency revealed that half of the state’s 41,000 inmates were in jail because of probation or parole violations. Michigan Attorney General Bill Schuette (R) offered his endorsement for the legislation. Michigan is currently one of 25 states with a Republican trifecta.

South Carolina Governor Publicly Opposes Gas Tax

  • South Carolina Gov. Henry McMaster (R) spoke out against a proposed gas tax of between 10 and 12 cents. The state House has already passed legislation that would impose a 10-cent increase, while the state Senate is currently considering a bill that would raise the tax by 12 cents. The governor stopped short of saying he would veto any legislation that reaches his desk, however. McMaster said he felt there were other options to funding road repair other than raising taxes, and that he felt that residents were already taxed enough. South Carolina is currently one of 25 states with a Republican trifecta.

New Mexico House Approves Constitutional Amendment

  • The New Mexico House of Representatives approved a constitutional amendment that would allocate one percent of the money in the Land Grant Permanent Fund (LGPF) to early childhood education services each year from fiscal year 2020 through fiscal year 2032. Funds in the LGPF come from leases and royalties on non-renewable natural resources, such as oil and gas, and returns on invested capital. To make it to the November 2018 ballot, the amendment would also require the approval of the state Senate. According to the official resolution, implementation of the amendment would also require the consent of the U.S. Congress.

Colorado House Votes to Ban Conversion Therapy

  • The Colorado House of Representatives voted 38-27 to ban conversion therapy for those under the age of 18 and penalize any physicians or mental health care providers who perform the therapy. The legislation would prohibit any psychiatrist from trying to change someone’s sexual orientation or gender identity, but would still allow for therapists to assist individuals undergoing a gender transition. The bill passed the chamber closely along party lines, and will now head to the Republican-controlled state Senate. Colorado is currently one of 19 states with a divided government.

California Supreme Court Judge Announces Retirement

  • Kathryn Mickle Werdegar, the longest-serving judge on the California Supreme Court, announced that she will retire at the end of August 2017. Werdegar was appointed by Gov. Pete Wilson (R) and retained by voters in 2014 for a 12-year term that was set to expire on January 3, 2027. Gov. Jerry Brown (D) will have the opportunity to appoint a successor, who will become Brown’s fourth appointee to the court. The other three members of the court were appointed by former Republican governors—one by Pete Wilson and two by Arnold Schwarzenegger.

Massachusetts Supreme Court Justice Confirmed


Colorado House Approves Spending Cap Amendment

  • The Colorado House of Representatives voted 39-26 largely along party lines to approve a state statute that would change how the state’s budget spending cap is calculated. Instead of the current system that adjusts the cap based on inflation and population growth, this measure would adjust the spending cap based on the average percentage change in state personal income over the previous five calendar years. The statute was designed to allocate new revenue from the formula change to healthcare, education, and strategic transportation projects. The statute also needs approval by the Republican-controlled state Senate in order to be certified for the 2017 ballot.
    • In 1992, voters approved a Taxpayer Bill of Rights, also known as TABOR, which capped the amount of revenue the state is allowed to keep and spend each year. TABOR provided for an annual adjustment of the cap based on changes in the Consumer Price Index for Denver-Boulder and the percentage change in state population. In 2005, the 1992 measure was suspended for five years via Referendum C.

Pair of Appointment Confirmations to Connecticut Supreme Court

Wisconsin Legislature Approves Elimination of State Treasurer

  • The Wisconsin State Senate voted 18-15 on Tuesday to approve a constitutional amendment that would eliminate the elected office of state treasurer. The state Assembly approved the amendment 68-31 on Thursday, certifying it for the April 2018 ballot. Supporters of the amendment say that the position has become unnecessary since most of its duties have been taken away in recent years. Opponents argue that the position should be strengthened as a check on the executive branch rather than be eliminated. Wisconsin is currently one of 25 states with a Republican trifecta.

 


State government in session

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State government special elections

As of this week, 10 state legislative seats have been filled through special elections in 2017. Another 23 elections (not including runoffs) have been scheduled in 15 states to fill vacancies.

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

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

Upcoming special elections include:

March 21, 2017:

March 25, 2017:

April 4, 2017:

Local

The Week in Review

Elections Update

  • In 2017, Ballotpedia is covering municipal elections across 54 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across six states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 463 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
    • So far this year, Ballotpedia has covered five city elections, one county election, and 22 school board elections. Ballotpedia will cover approximately 100 local ballot measures in California in 2017.
    • Local ballot measure elections occurred in California on January 10, February 28, and March 7. On March 7, local voters decided 20 measures; 11 measures were approved, six were defeated, and three were too close to call with certainty until results are certified. Los Angeles city voters decided four measures, including Measure S, a development-related initiative. Measure S was defeated.
    • The next local ballot measure elections Ballotpedia will cover are on April 4 in Alaska, Colorado, and Missouri, and on April 11 in California.

Monday, March 6

Candidate filing deadlines pass in New Jersey, Texas

  • The deadline passed to run for six of 18 total school board seats up for general election in two of New Jersey’s largest school districts by enrollment. The largest of these districts is Newark Public Schools, which served 34,861 students during the 2014-2015 school year—approximately 2.5 percent of all public school students in the state.
  • The deadline passed to run for one school board seat up for special election on the Judson Independent School District board of trustees. Two newcomers and one former candidate filed in the race. The district is holding regular elections for two additional seats and added the third seat to the ballot after an incumbent resigned from the board. The filing deadline for the two seats up for regular election passed on February 17, 2017. The election for all three seats will be held on May 6, 2017. Judson Independent School District served 23,340 students during the 2014-2015 school year—approximately 0.5 percent of all public school students in the state.

Former New Jersey executive pleads guilty to federal bribery charges

  • David Samson, the former chairman of the Port Authority of New York and New Jersey, was sentenced to four years of probation and one year of confinement in his home after pleading guilty to federal bribery charges. Samson admitted to abusing his position of power to force United Airlines to initiate a flight in 2011 that ran directly from Newark to a South Carolina airport so that he could travel to his vacation home more quickly. In exchange for the direct flight, Samson signed off on the funding of a new hangar in Newark requested by the airline. U.S. District Court judge Jose Linares also ordered Samson to complete 3,600 hours of community service and to pay a $100,000 fine. Prosecutors in the case were seeking a minimum of two years of jail time for Samson. Newark is the largest city in New Jersey and the 69th-largest city in the U.S. by population.

Baltimore City Council considers minimum wage increase

  • The Baltimore City Council voted 12-3 granting preliminary approval to raise the city’s minimum wage to $15 per hour. The move, supported by eight freshmen council members elected in November 2016, would make the city’s minimum wage roughly $5 per hour higher than the minimum wage in surrounding counties. The bill needs one more vote to advance to the desk of Mayor Catherine Pugh (D). If passed, the bill would exempt workers under 21 and give businesses with fewer than 50 workers until 2026 to comply with the wage requirements. Some business owners have criticized the bill and cited concerns that it will force businesses to leave the Baltimore area. Advocates of the bill argue that a higher wage will improve the lives of families in the city. Baltimore is the largest city in Maryland and the 26th-largest city in the U.S. by population.
    • Other cities have considered or implemented higher minimum wages
      • Los Angeles, San Francisco, Seattle, and Washington D.C. have all begun the implementation of a $15 minimum wage.
      • Two more cities— Miami Beach and San Diego—approved smaller minimum wage hikes in June 2016. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with additional increases over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which increased the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.

Tuesday, March 7

Municipal elections in Los Angeles, St. Louis

  • In Los Angeles, California, a primary election was held for mayor, eight city council seats, city attorney, city controller, and three community college board of trustees seats. Mayor Eric Garcetti defeated a field of 10 challengers to win a second term. The city will hold a general election on May 16, 2017, for District 7 on its city council and Seat No. 2 on its community college board of trustees. The general election for these two seats is necessary since no candidate in either race won a majority (50 percent plus one) of the primary votes cast on March 7, 2017. Only one incumbent, college board of trustees Seat No. 6 member Nancy Pearlman, was defeated in the primary. Incumbents won all the remaining races in the primary. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
    • Campaign finance was in the forefront of this election in light of recent efforts by the council and other groups to limit the influence property developers have in city government through political contribution restrictions. The winners of this election cycle will join the rest of the city's government in dealing with local issues, such as budget shortfalls and a potential city charter change to increase civilian roles in police disciplinary hearings. The victors will also see entanglements with national politics over the matter of immigration.
  • In St. Louis, Missouri, a partisan primary election was held for mayor, comptroller, and 14 of 29 board of aldermen seats. Mayor Francis Slay did not run for re-election, and six candidates will appear on the ballot in the mayoral general election on April 4, 2017. Additionally, the Ward 16 seat held by Donna Baringer (D) will be up for special election following her successful election to the state house of representatives in 2016. St. Louis is the second-largest city in Missouri and the 58th-largest city in the U.S. by population.

Los Angeles Unified School District held primary elections

  • A primary election was held for three of seven school board seats on the Los Angeles Unified School District Board of Education. Two seats are advancing to a general election on May 16, 2017. In District 4, Board President Steve Zimmer will face off against challenger Nick Melvoin. In the open District 6 race, Kelly Fitzpatrick-Gonez will face off against Imelda Padilla. Zimmer and Padilla were endorsed by United Teachers Los Angeles, while Melvoin and Fitzpatrick-Gonez were endorsed by the California Charter Schools Association Advocates. District 2 incumbent Mónica García won another term outright in the primary election by receiving a majority of the votes. The Los Angeles Unified School District is the largest school district in the state and the second-largest school district in the U.S. by enrollment. The district served 646,683 students during the 2014-2015 school year--approximately 10 percent of all public school students in the state.

General election held for Tuscaloosa City Schools Board of Education

  • A total of 19 candidates ran in the general election to fill eight seats on the Tuscaloosa City Schools Board of Education. In Districts 1, 2, and 5, no candidate won a majority of the votes cast, and the top two vote-getters in each district advanced to a runoff election scheduled on April 18, 2017. The seats in Districts 3, 4, 6, and 7 and the election for the board chair were decided outright. Tuscaloosa City Schools served 10,249 students during the 2014-2015 school year--approximately 1.4 percent of all public school students in the state.
  • The deadline passed to run for 71 seats across 17 of Pennsylvania's largest school districts by enrollment. A partisan primary election will be held on May 16, 2017, and a general election will be held on November 7, 2017. The largest of these school districts holding an election is the Pittsburgh School District, which served 24,657 students during the 2014-2015 school year--approximately 1.4 percent of all public school students in the state.

Filing deadlines pass in Pennsylvania

  • The filing deadline passed to run in elections for district attorney and city controller in Philadelphia. A partisan primary will be held on May 16, 2017, and the general election will be held on November 7, 2017. Seven Democrats and one Republican filed to replace Seth Williams as Philadelphia's district attorney. City controller Alan Butkovitz (D) faces two Democratic challengers and one Republican challenger. The May 16 primary will select a Democratic nominee in both races. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
    • Voters in Philadelphia will also choose election judges and inspectors. These races are conducted at the precinct level with the city divided into 1,686 precincts. Each precinct has one election judge and two inspectors. The election judge oversees operations for the precinct's polling location, while the inspectors process voters as they arrive at the location. In each precinct, the winner of the inspector election becomes the majority party inspector and the runner-up becomes the minority party inspector. The minority party inspector in each precinct appoints a clerk to maintain the voter list.
  • The filing deadline passed to run in the primary election for mayor and four seats on the Pittsburgh City Council. The election will be held on May 16, 2017. Mayor Bill Peduto (D) faces two Democratic challengers. The winner of the primary will not face a Republican challenger, though nonpartisan candidates have until August 1 to file in the general election. Three of the four city council incumbents up for re-election are unopposed, while four Democratic candidates and one Republican candidate are running for the open District 4 seat. Pittsburgh is the second-largest city in Pennsylvania and the 62nd-largest city in the U.S. by population.

D.C. Council and mayor divided over school vouchers

  • A majority of the Washington, D.C., City Council is fighting to phase out the federal school voucher program. In contrast, D.C. Mayor Muriel Bowser (D) supports the program’s continuation. The voucher system allows low-income families in the city to use federal dollars to pay private school tuition. Each year, 1,100 students in low-performing schools use the vouchers to move in order to receive private school education. The council sent a letter to U.S. House Republicans urging the program’s closure and arguing there is no evidence that private school vouchers have improved educational outcomes. Bowser argues that the voucher program brings in additional dollars for D.C. public and charter schools. The rift is a reversal from 2016 when eight members of the council joined Bowser in support of continuing the program. Washington, D.C. is the 23rd-largest city in the U.S. by population.

Albuquerque amends gender pay equity law

  • In New Mexico, the Albuquerque City Council voted unanimously to change its Gender Pay Equity Ordinance. This lowered the allowable gender pay gap for city businesses from 10 percent to 7 percent. Businesses who do not adhere to the ordinance will be ineligible for a 5 percent preference when bidding on city contracts. The legislation also requires private sector city contractors to submit paperwork on gender pay equity. The new ordinance is an amendment to a previous ordinance passed by the city council in 2015. Albuquerque is the largest city in New Mexico and the 32nd-largest city in the U.S. by population.

Anchorage police officers awarded damages in racial discrimination suit

  • A pair of 20-year veteran police officers with the Anchorage Police Department were awarded nearly $1 million each as the result of a racial discrimination lawsuit. The two officers initiated a lawsuit in 2010, after leaving the department and claiming that racial intolerance made their work environment hostile. In the special verdict, former officers Alvin Kennedy and Eliezer Feliciano were each awarded $380,000 in lost wages and $70,304 in future lost wages and benefits. Both officers were awarded additional monetary compensation for damages. The city is considering appealing the decision. Anchorage is the largest city in Alaska and the 63rd-largest city in the U.S. by population.

Friday, March 10

Corpus Christi City Council holds special meeting

  • The Corpus Christi City Council will hold a special [ meeting] to determine whether former council member Mark Scott is eligible to run for mayor. The city is holding a special election for mayor on May 6, 2017, to fill the vacant position after former mayor Dan McQueen resigned 37 days into his term. The question of Scott’s eligibility stems from his re-election to the city council in 2012 and his subsequent resignation from the council in September 2016. Scott submitted his resignation in order to avoid being term-limited, which would make him ineligible to run for mayor in 2018—a plan that he had announced. The board did not accept Scott’s resignation, and voted unanimously to reprimand him for what they said, “was an attempt to circumvent the will of the people by finding a way around the term limits law.” Scott said he will fight for his right to run regardless of decisions made by the city council or by city staff. Corpus Christi is the eighth-largest city in Texas and the 60th-largest city in the U.S. by population.

 

What’s On Tap Next Week

Tuesday, March 14

Phoenix to hold runoff election

  • A runoff election will be held for the District 3 seat on the Phoenix City Council. Incumbent Debra Stark, who was appointed to the seat in June 2016, faces challenger Chris DeRose in the runoff. Although Stark and DeRose were the top two vote-getters in the November 2016 special election, neither obtained a majority of the votes cast. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.

Thursday, March 16

Oregon filing deadlines

  • The deadline will pass to run in the general election for 50 school board seats across 14 of Oregon’s largest school districts by enrollment. The election will be held on May 6, 2017. The largest school district holding elections is Portland Public Schools, which served 47,806 students during the 2014-2015 school year—approximately 8 percent of all public school students in the state.

 

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Fact Check

Fact Check by Ballotpedia

  • DNC Chair Tom Perez claimed that President Trump “made it harder for first-time homebuyers to buy a home” and “tried to make it harder for people to save for retirement.” Perez apparently was referring to two actions: 1) Suspension of a pending reduction in FHA mortgage insurance premiums; and 2) review of a regulation that would require all retirement advisers to act as fiduciaries. Neither the premium rate reduction nor the fiduciary rule were in effect when the president took action. Therefore, FHA insurance rates did not increase for first-time homebuyers, and it did not become harder for anyone to save for retirement.

 

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