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The Tap: The Big Pictures

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October 29, 2016Issue No. 40

The Tap Graphic-750x191px.png

The week in review: October 22 - October 28
What's on Tap next week: October 29 - November 4

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

FBI director James Comey announced in a letter to several members of Congress that while working on another case, the FBI had found “emails that appear to be pertinent” to the agency's investigation of Hillary Clinton's private email server use. "I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation," Comey wrote. The number, authors, and content of the emails were not disclosed. The New York Times later reported that the emails were discovered on devices seized from Clinton aide Huma Abedin and her husband, former U.S. Rep. Anthony Weiner (R-N.Y.), as part of a separate investigation regarding inappropriate communications sent by Weiner to a minor. Within hours of the announcement, Democratic and Republican officials offered a variety of reactions to the Comey letter.

  • Donald Trump released a statement applauding the announcement. “I have great respect for the fact that the FBI and the DOJ are now willing to have the courage to right the horrible mistake that they made. This was a grave miscarriage of justice that the American people fully understand. It is everybody’s hope that it is about to be corrected," he said.
  • Clinton held a press conference where she said that more information should be disclosed. "Voting is already under way in our country. So the American people deserve to get the full and complete facts immediately. The director himself has said he doesn’t know whether the emails referenced in his letter are significant or not. I’m confident whatever they are will not change the conclusion reached in July. Therefore it’s imperative that the bureau explain this issue in question, whatever it is, without any delay," Clinton said.
  • See also: Hillary Clinton email investigation and Reactions to Comey's letter on Clinton email investigation

To help guide readers during the 2016 election cycle, Ballotpedia has been following a series of narratives up and down the ballot, helping give our readers a better understanding of the big-picture trends of this election cycle. These articles are the result of in-depth research and analysis through this election year. The stories follow issues such as battleground elections at the federal and state levels, party control in state elections, contested issues in local elections, and the policy issues shaping political debates.

Ballotpedia's Election Analysis Hub, 2016
 

Federal

The Week in Review

Saturday, October 22

  • Donald Trump gave a speech at Gettysburg, Pennsylvania, that his campaign promoted as his “closing argument” and a preview of his first 100 days in office. In the speech, Trump discussed his recent ethics reform proposals and his plan to pursue a constitutional amendment establishing term limits for members of Congress. Trump promised to withdraw the U.S. from the Trans-Pacific Partnership, move forward with the Keystone XL pipeline, cancel “every unconstitutional executive action” issued by President Obama, and deport “more than 2 million criminal illegal immigrants.” In discussing the border wall with Mexico that has been a key component of his campaign, Trump said that he intends to work with Congress to pass the “End Illegal Immigration Act,” which he said “[f]ully-funds the construction of a wall on our southern border with the full understanding that the country Mexico will be reimbursing the United States for the full cost of such wall.” Trump also commented on the women who have accused him of sexual assault or inappropriate touching. He said, “Every woman lied when they came forward to hurt my campaign — total fabrication. The events never happened. Never. All of these liars will be sued after the election is over.”
    • The Clinton campaign released the following statement in response to Trump's speech: "Today, in what was billed as a major closing argument speech, Trump’s major new policy was to promise political and legal retribution against the women who have accused him of groping them. Like Trump’s campaign, this speech gave us a troubling view as to what a Trump State of the Union would sound like—rambling, unfocused, full of conspiracy theories and attacks on the media, and lacking in any real answers for American families."
  • In its endorsement of Hillary Clinton, the editorial board of Minneapolis’ The Star Tribune wrote, "A vote for Hillary Clinton is a historic choice for a woman who is fiercely committed to using government as a force for good, who is capable of working to strike a pragmatic balance among competing interests and who brings a lifetime of experience to one of the toughest jobs the world has to offer."

Sunday, October 23

  • AT&T announced on Saturday that it planned to purchase Time Warner in a deal worth $85 billion, leading both Hillary Clinton and Donald Trump to release statements about the merger and the regulation of the telecommunications industry.
    • Clinton spokesman Brian Fallon said, "In general, we think that marketplace competition is a good and healthy thing for consumers and so there’s a number of questions and concerns that arise in that vein about this announced deal but there’s still a lot of information that needs to come out before, before any conclusions should be reached. Certainly, [Clinton] thinks that regulators should scrutinize it closely.”
    • Clinton's running mate, Tim Kaine, also said in an interview on NBC’s Meet the Press that he had "concerns and questions" about the merger. He recommended a “pro-competition” approach to media regulation.
    • Trump said he would block the merger. In a speech in Pennsylvania, he said, “As an example of the power structure I’m fighting, AT&T is buying Time Warner and thus CNN, a deal we will not approve in my administration because it’s too much concentration of power in the hands of too few.” The Trump campaign released an official statement, adding, “Donald Trump will break up the new media conglomerate oligopolies that have gained enormous control over our information, intrude into our personal lives, and in this election, are attempting to unduly influence America’s political process.”

Monday, October 24

  • The New Yorker endorsed Hillary Clinton, calling her "a distinctly capable candidate" and "better office-holder than a campaigner." The editors wrote, "The election of Hillary Clinton is an event that we will welcome for its immense historical importance, and greet with indescribable relief. It will be especially gratifying to have a woman as commander-in-chief after such a sickeningly sexist and racist campaign, one that exposed so starkly how far our society has to go. The vileness of her opponent’s rhetoric and his record has been so widely aired that we can only hope she will be able to use her office and her impressive resolve to battle prejudice wherever it may be found."
  • The Las Vegas Review-Journal endorsed Donald Trump for president, saying that Trump “brings a corporate sensibility and a steadfast determination to an ossified Beltway culture. He advocates for lower taxes and a simplified tax code, in contrast to his opponent’s plan to extract another $1 trillion from the private economy in order to enlarge the bureaucracy. Mr. Trump understands and appreciates the conditions that lead to prosperity and job creation and would be a friend to small business and entrepreneurship. Mrs. Clinton has spent most of her adult life on the public payroll.” The Las Vegas Review-Journal is owned by casino owner, Sheldon Adelson, a Trump supporter who, in September, announced a plan to spend $5 million in support of Trump’s campaign. The endorsement is Trump’s first from a major newspaper (five smaller papers have also endorsed Trump, according to Politico). Nevada is a key battleground state in the 2016 presidential election. Ballotpedia’s average of polls from September 18 to October 17 showed Clinton leading in Nevada by 2.7 points.
  • Common Good VA, the political action committee of Virginia Gov. Terry McAuliffe (D), donated nearly $500,000 to the unsuccessful state Senate campaign of Jill McCabe (D), the wife of FBI deputy director Andrew McCabe. Because McCabe helped oversee the Hillary Clinton email investigation and McAuliffe is a longtime Clinton ally, the ethics of the contribution has been questioned. "FBI officials said that after that meeting with the governor in Richmond on March 7, Mr. McCabe sought ethics advice from the bureau and followed it, avoiding involvement with public corruption cases in Virginia, and avoiding any campaign activity or events. Mr. McCabe’s supervision of the Clinton email case in 2016 wasn’t seen as a conflict or an ethics issue because his wife’s campaign was over by then and Mr. McAuliffe wasn’t part of the email probe, officials said," The Wall Street Journal reported.
  • CNN reported that the Clinton campaign has begun to focus on its transition planning in the event Clinton is elected president. Ron Klein, Clinton's debate advisor and former chief of staff to Al Gore and Joe Biden, is in contention for Clinton's chief of staff. Campaign chair John Podesta has expressed interest in joining Clinton's cabinet as secretary of energy or in a different role. Looking forward, Clinton has also reportedly reached out to Republicans on Capitol Hill to send "a signal that she hopes to have better relations with Congress than Obama and she is eager to work with Republicans who were turned off by Trump," according to CNN.
  • The U.S. Department of Health and Human Services (HHS) announced that premiums for benchmark plans on the ACA health exchanges would rise by an average of 25 percent in 2017. Benchmark plans are a group of health plans that are used to calculate the subsidies provided to help low-income individuals pay for their premiums. HHS emphasized that most consumers in exchange plans qualify for those subsidies and are thus mostly shielded from the increases. In addition, by shopping around, HHS said, consumers can often find less expensive coverage than their current plans. The announcement came as rising prices and fewer choices have led some healthcare policy experts and critics to question the sustainability of the exchanges. HHS and supporters of the law maintain that these events are part of an adjustment period as insurers learn the new individual market.
    • Hillary Clinton and Donald Trump both responded to the news about rising insurance premiums.
    • Clinton campaign spokesperson Julie Wood released a statement offering Clinton's continued support for the healthcare program. "There's a clear choice in this election: either we're going to help American families and tackle health care cost issues, or we're going to throw 20 million people off their coverage and let the insurance companies write the rules again. Hillary Clinton wants to build on the progress we've made and fix what's broken, while Donald Trump would rip up the ACA, reverse the progress we have made and start this fight all over again," she said.
    • Trump’s campaign released a statement, saying, “Today’s news that Obamacare premiums are set to increase by an average of 22 percent in 2017 is staggering and 1 in 5 will only have one insurer to pick from. This shows why the entire program must be repealed and replaced. While Secretary Clinton wants to expand the failed program known as Obamacare, Mr. Trump knows the only way to fix our nation’s failing health care system is complete and total reform.”

Tuesday, October 25

  • Donald Trump said that Hillary Clinton’s policy proposals for Syria could lead a third world war. “What we should do is focus on ISIS. We should not be focusing on Syria. You're going to end up in World War III over Syria if we listen to Hillary Clinton,” said Trump in an interview with Reuters. He added, “You're not fighting Syria anymore, you're fighting Syria, Russia and Iran, all right? Russia is a nuclear country, but a country where the nukes work as opposed to other countries that talk.” Trump also said that dealing with Syrian president Bashar al-Assad is secondary to defeating ISIS. He said, “Assad is secondary, to me, to ISIS.”
  • Former Secretary of State Colin Powell endorsed Hillary Clinton during a speech in Woodbury, New York. Powell, who served in the administration of Republican President George W. Bush, said, "She is smart. She is capable. She was a good secretary of state. She is balanced, she has temperament, and no matter what anyone says she’s got stamina ... I think she is fully qualified to serve as the president of the United States and I think she will serve it with distinction.” He aso argued that Donald Trump was "not qualified" to be president. "He has insulted America in one way almost every day. He has insulted Latino Americans. He has insulted African-Americans. He has insulted women. He has insulted his own party. He has insulted our allies around the world one by one by one. He has insulted veterans," Powell said.
  • Politico reported that liberal activist Aaron Black, recently featured in a “sting” video on voter fraud by Project Veritas Action, had coordinated with Breitbart News early in the 2016 election cycle. According to the report, Black, who dressed up as a robot to follow Marco Rubio, tipped off Breitbart on his actions and exchanged raw video with the news site in order to coordinate coverage.
  • In response to reports that the Pentagon is taking back re-enlistment bonuses from current and former California National Guard soldiers, U.S. Secretary of Defense Ash Carter said that he is working to resolve the problem. He said, “Anybody who volunteers to serve in the armed forces of the United States deserves our gratitude and respect. Period. I am aware of the specific issue that you’re speaking of. It has got complexities to it, and we are going to look into it and resolve it.” According to The Wall Street Journal, “During the early 2000s, the California National Guard awarded thousands of soldiers with bonuses to persuade them to re-enlist, as the conflicts in Iraq and Afghanistan drove demand for military manpower and strained U.S. military forces. But the Guard doled out many bonuses erroneously, in some cases giving money to soldiers who weren’t entitled to the awards. … Instead of waiving repayment of the mistakenly and improperly awarded bonuses, the Pentagon set about recollecting the money, in some cases demanding tens of thousands of dollars from American soldiers who had redeployed to Iraq and Afghanistan because they received the cash.” Lawmakers, including Rep. Darrell Issa (R-Calif.) and Democratic Leader Nancy Pelosi (Calif.) have called for the Pentagon to waive the repayments.

Wednesday, October 26

  • Speaking at a campaign event in North Carolina, Donald Trump promised a “new deal for black America.” The plan focused on education, crime, and better-paying jobs. Trump told the crowd, “Here is the promise I make to you whether you vote for me or not. I will be your greatest champion. We keep electing the same people over and over and they keep coming back to the African-American and the Hispanic community and keep talking about what they’re going to do ... I will never ever take the African American community for granted. Never, ever. Unlike Hillary Clinton.”
  • In WikiLeaks' latest release of emails allegedly obtained from the email archive of Clinton campaign chair John Podesta, former White House aide Doug Band detailed how he encouraged clients of his company Teneo to support the Clinton Foundation and hire former President Bill Clinton for speaking engagements. According to a memo written by Band in 2011, he was able to sometimes obtain "in-kind services for the president and his family — for personal travel, hospitality, vacation and the like." Donald Trump commented on the story during a rally in Ohio, saying, "Mr. Band called the arrangement 'unorthodox.' The rest of us call it outright corrupt." A spokesperson from Teneo said in a statement, "As the memo demonstrates, Teneo worked to encourage clients, where appropriate, to support the Clinton Foundation because of the good work that it does around the world. It also clearly shows that Teneo never received any financial benefit or benefit of any kind from doing so."
  • Mike Pence campaigned in Utah on Wednesday. Speaking at a rally in Salt Lake City, Pence focused on social issues such as abortion and religious liberty. Utah, which has supported Republican candidates for president in every presidential election since 1964, is considered a potential upset state this year, as several polls have shown Independent candidate Evan McMullin leading or tied with Trump. Pence indirectly referenced McMullin while in Salt Lake City, saying, “There’s only two people on the ballot that you’re going to cast here in Utah that have any chance of being president.” He added, “It's time to reach out to our fellow Republicans and say with one voice: It's time to come home. I want you to tell your Republican neighbors and friends, this is no time to make a statement — this is our chance to make a difference. A vote for any candidate other than Donald Trump, is a vote for a weaker America at home and abroad.” Later in the day, McMullin tweeted a response: “A vote for Pence is a vote for Trump, and a vote for Trump is a vote for religious bigotry, misogyny, and the expansion of government.”
  • Rep. Jason Chaffetz (R-Utah) tweeted that he plans to vote for Trump. “I will not defend or endorse @realDonaldTrump, but I am voting for him. HRC is that bad. HRC is bad for the USA,” said Chaffetz. He was one of dozens of GOP lawmakers who denounced Trump in early October after the release of a 2005 tape of Trump making lewd comments about women. Chaffetz said, at the time, “I’m out. I can no longer in good conscience endorse this person for president. It is some of the most abhorrent and offensive comments that you can possibly imagine. … I can't tell the good people of Utah, that I endorse a person who acts like this. I wished Mike Pence was at the top of the ticket and we're going to have to figure that out at the -- in the coming days and weeks, but it is tragic the way it is right now.” Chaffetz is among seven Republicans who withdrew their support for Trump in response to the tape but later said they would still vote for him. The other six are Sen. Deb Fischer (R-Neb.), Rep. Scott Garrett (R-N.J.), Rep. Bradley Byrne (R-Ala.), Rep. Chris Stewart (R-Utah), Rep. Mike Crapo (R-Idaho), and Sen. John Thune (R-S.D.).
  • Leading Black Lives Matter activist DeRay McKesson endorsed Hillary Clinton in an editorial for The Washington Post. He wrote, "Clinton’s platform on racial justice is strong: It is informed by the policy failings of the past and is a vision for where we need to go. It acknowledges the need to establish new restrictions on police use of force and militarization, invest in treatment and rehabilitation as alternatives to police and prisons, and protect and expand the right to vote." In contrast, McKesson asserted, "Trump wants to take us back to a time when people like him could abuse others with little to no consequence, when people like him could exploit the labor of others to build vast amounts of wealth, when people like him could create public policy that specifically benefited them, while suppressing the rights and social mobility of others."
  • U.S. Ambassador to the U.N. Samantha Power declined to oppose a United Nations resolution condemning the American trade embargo against Cuba. Power said, “The United States has always voted against this resolution. Today, United States will abstain.” According to The Miami Herald, “The vote, the 25th time the U.N. has voted to condemn the embargo, was overwhelming, with 191 nations voting in favor and two – the United States and Israel – abstaining.” The vote has no practical impact on the embargo; only Congress can lift it.

Thursday, October 27

  • New campaign finance reports filed with the Federal Election Commission show Hillary Clinton with a sizeable cash advantage over Donald Trump heading into the last stretch of the presidential campaign. Clinton and her joint fundraising committees raised $101 million in the first 19 days of October. The report showed her with $153 million cash on hand. Trump and his joint fundraising committees have brought in $61 million in October, giving him a total of $68 million on hand. Clinton’s outside funding also appears to be outpacing Trump’s. The Washington Post writes, “While Clinton's main super PAC hit a record $175 million in contributions this month, more than a dozen pro-Trump groups together were on track to hit less than $65 million in contributions by Oct. 19.” The Wall Street Journal adds that the financial imbalance between Clinton and Trump is unusual in recent political history: “Such a large financial imbalance is rare in modern presidential politics. At this stage in 2012, President Barack Obama had $93 million in his campaign bank account, to GOP nominee Mitt Romney’s $52 million. Mr. Romney’s super PAC, however, outpaced Mr. Obama’s, with $24 million in the bank at this point, compared with the Democratic group’s $10 million.”
  • Donald Trump released a short video targeting Indian American voters. The video shows clips of Trump giving speeches at Indian and Hindu events. In one clip, Trump says, “If I am elected President, the Indian and Hindu community will have a true friend in the White House, that I can guarantee you.” At the end of the video, Trump says in Hindi, “ab ki baar, Trump Sarkar,” which translates into English as, “This time, a Trump government.” Indian Prime Minister Narendra Modi used a similar statement as his campaign slogan in 2014. As of 2012, the Indian American population in the U.S. was more than 3 million, according to Pew Research. The “Fall 2016 National Asian American Survey,” released in early October, found that 79 percent of Indian Americans had an unfavorable view of Trump.
  • In an interview with ABC News, Trump discussed the ongoing battle against ISIS in the city of Mosul. Interviewer George Stephanopoulos noted that Jeff McCausland, the dean of the Army War College, had criticized Trump for a tweet in which he said, “The attack on Mosul is turning out to be a total disaster. We gave them months of notice. U.S. is looking so dumb.” Trump responded by saying, “I’ve been hearing about Mosul now for three months. ‘We’re going to attack. We’re going to attack.’ Meaning Iraq’s going to attack but with us. OK? We’re going to attack. Why do they have to talk about it? Element of surprise. One of the reasons they wanted Mosul, they wanted to get ISIS leaders who they thought were, you know, in Mosul. Those people have all left. As soon as they heard they’re going to be attacked, they left. The resistance is much greater now because they knew about the attack. Why can’t they win first and talk later? … You can tell your military expert that I’ll sit down and I’ll teach him a couple of things.”
  • Ballotpedia's expert, Justin Haas, led a webinar on congressional battleground races and the 2016 elections. Watch our recording to learn about how either party has the potential to win the Senate in November.
  • First Lady Michelle Obama joined Hillary Clinton on the campaign trail for the first time during a rally in Salem, North Carolina. She discussed voter discouragement, saying, "That’s the strategy, to make this election so dirty and ugly that we don’t want any part of it. They are trying to get you to stay home. They are trying to convince you that your vote doesn’t matter, that the outcome has already been determined. ... Casting our vote is the ultimate way we go high."
  • In an op-ed for CNBC, Jill Stein encouraged voters to support her as the Green Party's presidential nominee in the general election by highlighting the benefits the party would receive if she secured 5 percent of the national vote. Calling such support "a game-changer," Stein wrote, "It will qualify the Green Party for recognition as an official national party, and for federal funding in the 2020 presidential race proportional to the amount of votes received — at least $8 million to $10 million. It would also secure ballot access in a number of states that automatically grant ballot status if the presidential candidate receives anywhere from 1 percent to 5 percent of the vote (varying by state). It means the party can leap over the undemocratic barriers to ballot access for independent parties in many states, and help us lay the groundwork for a truly competitive challenge to the two-party system and the corporate rule it perpetuates."
  • President Barack Obama granted commutation to 98 individuals. According to a White House press release, Obama has “commuted the sentences of 872 individuals. In this year alone, the President has commuted the sentences of 688 deserving individuals -- more than the previous 11 presidents combined – and the most ever done by a president in a single year.”

Friday, October 28

  • In an interview with a local Ohio television station, Donald Trump criticized Ohio Gov. John Kasich, who has refused to endorse Trump. “Well, it's very disappointing. The governor was an opponent of mine during the primaries. And I understand, he took a, it was a very big defeat for him, he took a very big defeat and he went down hard. But he did sign a pledge and he didn't honor the pledge... So I'm disappointed, I'm very disappointed, but I think the people of Ohio get it. We are leading in the polls and I have great respect for the people of Ohio. They understand what's happening, but I'm very disappointed in the governor.” said Trump. Kasich dropped out of the race for the Republican nomination on May 4, 2016, and has since spoken critically of Trump. In early October, after a 2005 tape emerged showing Trump saying lewd things about women, Kasich said, “Donald Trump is a man I cannot and should not support. The actions of the last day are disgusting, but that’s not why I reached this decision, it has been an accumulation of his words and actions that many have been warning about... Our country deserves better.” Ohio, where Kasich had a 58 percent approval rating in an October 5 Monmouth University poll, is a key presidential battleground state in 2016. Recent polls have shown Trump leading in Ohio by margins ranging from 1 to 5 points.
  • Politico reported that Vice President Joe Biden, who chaired the Foreign Relations Committee as a senator, was a top contender for secretary of state in a possible Clinton administration. A source familiar with the transition team's efforts said, "He'd be great, and they are spending a lot of time figuring out the best way to try to persuade him to do it if she wins."

 

Congress is IN session SCOTUS is IN session
Congress is in fall recess until November 13, 2016. The Supreme Court reconvenes for its November sitting this week. The court will hear its first arguments of this sitting on Monday, October 31.

What’s On Tap Next Week

Monday, October 31

  • The U.S. Supreme Court will hear argument in two cases:
    • Fry v. Napoleon Community Schools presents a case about a federal law’s exhaustion requirement. The court will consider whether parents/guardians must meet a requirement that they exhaust all administrative procedures under the Individuals with Disabilities Education Act (IDEA) before they can bring a lawsuit under the Americans with Disabilities Act (ADA) or the Rehabilitation Act, even when the particular relief sought is not available under the IDEA.
    • In Star Athletica LLC v. Varsity Brands, the court will review a case of copyright law. Under the Copyright Act, if a copyrighted design cannot be identified separately from the functional elements of a “useful article,” then the designs cannot be copyright-protected. The Sixth Circuit adopted a new standard to determine the “separability” of design from functionality. The Supreme Court will review that standard.

Tuesday, November 1

  • The U.S. Supreme Court will hear argument in two cases:
    • In certain circumstances, if a plaintiff waits too long to file a claim, a defendant can use what is known as a laches defense. Generally, a laches defense is used to show that a plaintiff has waited an unreasonable amount of time to file a claim and that this delay is prejudicial toward the defendant. In 2014, the court ruled in Petrella v. MGM that laches cannot be used as a defense against copyright infringement claims if those claims were filed within the statutory period permitting such challenges. In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, the court will determine if the logic used in Petrella for copyright infringement cases also applies in patent infringement cases.
    • A provision of the False Claims Act (FCA) permits a private party called a relator to bring a lawsuit on behalf of the U.S. government against an entity that has submitted fraudulent or false claims to the government. A procedural requirement mandates that allegations of FCA violations in such lawsuits must be kept under seal for 60 days unless the government intervenes and chooses to proceed on its own rather than through the relator; if the seal requirement is not met, the case must be dismissed. In State Farm v. U.S. ex. rel. Rigsby, the Supreme Court will review a standard used by the Fifth Circuit through which the appeals court did not dismiss an FCA claim in which the seal requirement was violated.

Wednesday, November 2

  • The U.S. Supreme Court will consider how sovereign immunity cases are adjudicated by the U.S. Court of Appeals for the District of Columbia Circuit when the court hears argument in Venezuela v. Helmerich and Payne International. The Foreign Sovereign Immunities Act generally prohibits lawsuits against foreign governments in U.S. courts, with some exceptions. One such exception is the expropriation exception, which denies sovereign immunity "in any case ... in which rights in property taken in violation of international law are in issue." In order to dismiss expropriation exception lawsuits brought within the jurisdiction of the D.C. Circuit, the circuit court requires that the lawsuit must be "wholly insubstantial or frivolous," otherwise the lawsuit may proceed to a judgment on the merits. Venezuela and its state-owned petroleum corporation, PDVSA, are challenging the propriety of this standard, arguing that the standard is not uniform across all federal appeals courts.

2016 presidential battleground states

In 2016, 12 states and two congressional districts will decide the outcome of the presidential election between Hillary Clinton and Donald Trump. In electoral votes, that comes to 159—more than half of the 270 votes needed to win an electoral college majority and become president. Clinton, however, needs slightly fewer of these battleground states' electoral votes than Trump to get to 270. To win, she needs only 70 of the 159 electoral votes up for grabs in the battlegrounds, while Trump needs 91. Below are current polling averages for all 12 battleground states and the second congressional districts of Maine and Nebraska (Maine and Nebraska award their electoral votes proportionally). They are broken down by states where Clinton is leading, states where Trump is leading, and states where a candidate leads by 1 percentage point or less. Ballotpedia's polling averages are based on polls that came out over a 20- to 30-day period. For example, an average might cover all polls that were released for a state between September 15, 2016, and October 15, 2016. For more on presidential battleground states, click here. This week, Ballotpedia will be taking a closer look at these states in a series of articles written by Ballotpedia senior writer Jim Barnes. Read last week’s articles on Pennsylvania, Iowa, Virginia, and Florida. Keep up with our battleground state coverage by subscribing to our morning updates, Ballotpedia’s Daily Brew.

  • States where Clinton is leading by more than 1 percentage point
    • Arizona, 11 electoral votes, (9/28 - 10/24): Clinton 43.1; Trump 41.7; Johnson 6; Stein 1.8
    • Colorado, 9 electoral votes, (9/22 - 10/22): Clinton 42.8; Trump 38.8; Johnson 8.4; Stein 3.1
    • Florida, 29 electoral votes, (9/26 - 10/26): Clinton 45.9; Trump 42.8; Johnson 3.9; Stein 1.6
    • Michigan, 16 electoral votes, (9/27 - 10/25): Clinton 45; Trump 36.7; Johnson 7.4; Stein 2.6
    • Nevada, 6 electoral votes, (9/27 - 10/24): Clinton 44.8; Trump 41.8; Johnson 6.6
    • New Hampshire, 4 electoral votes, (9/25 - 10/25): Clinton 44.4; Trump 37.5; Johnson 9.1; Stein 3.1
    • North Carolina, 15 electoral votes, (9/26 - 10/26): Clinton 45.5; Trump 43; Johnson 5.9
    • Pennsylvania, 20 electoral votes, (9/26 - 10/25): Clinton 46.6; Trump 39.7; Johnson 5.2; Stein 2.2
    • Virginia, 13 electoral votes, (9/26 - 10/26): Clinton 45.9; Trump 37.9; Johnson 6.9; Stein 1.3
    • Wisconsin, 10 electoral votes, (10/4 - 10/22): Clinton 45.2; Trump 38.5; Johnson 5.2; Stein 2
  • States where Trump is leading by more than 1 percentage point
    • Iowa, 6 electoral votes, (10/3 - 10/26): Clinton 41.5; Trump 43.5; Johnson 5; Stein 1.5
    • Maine-2, 1 electoral vote, (9/15 - 10/9): Clinton 38; Trump 43.2; Johnson 10; Stein 3
    • Nebraska-2, 1 electoral vote, (9/25 - 9/26): Clinton 40; Trump 49
  • States where a candidate leads by 1 percentage point or less
    • Ohio, 18 electoral votes, (9/22 - 10/22): Clinton 43.6; Trump 43.2; Johnson 5.9; Stein 1.8

 

Where was the president last week? Federal judiciary
President Barack Obama attended fundraisers in San Diego and Los Angeles, Calif., on Monday and Tuesday.  
  • 107 total federal judicial vacancies
  • 65 pending nominations
  • 18 future vacancies

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

State and Local

What's on tap?

Local: On Tuesday, October 25, media outlets in Detroit published financial information on the 63 candidates running for school board this year. Although not all 63 responded to the survey, media members found that 12 candidates had filed for bankruptcy, 13 had lost properties for failing to pay taxes or mortgages, and 28 had been sued for unpaid bills and defaulted or agreed to make payments. The area’s former school board entity, Detroit Public Schools, was reverted to a tax-collecting entity in order to pay down more than $400 million in debt. The candidate report was compiled by the Detroit Free Press, Fox 2 Detroit, Bridge Magazine, and WDET Detroit Public Radio. Detroit Public Schools served 49,043 students during the 2013–2014 school year, which was 3.15 percent of all public school students in Michigan.

State: On Thursday, October 27, Arkansas Issue 7, an initiative designed to legalize medical marijuana, was struck from the November 8, 2016, ballot by the state supreme court in Benca v. Matin. The court disqualified 12,104 signatures that the Arkansas Secretary of State previously certified in July 2016, which left supporters with 65,412 signatures. This was 2,465 fewer signatures than the 67,887 required for the measure to appear on the ballot. The ruling comes two weeks after the supreme court struck two other initiatives, Issue 4 and Issue 5, from the ballot. Voters in Arkansas will still vote on an initiated amendment, Issue 6, that would legalize medical marijuana and three legislative referrals. Whereas Issue 7 would have covered 56 qualifying conditions and permitted home-grown marijuana for certain patients, Issue 6 would cover 17 qualifying conditions and would not authorize patients to grow their own marijuana.

 

State

The Week in Review

Ballot measures update

  • In 2016, 162 measures across 35 states were certified for the ballot. Eight were decided earlier in the year; the other 154 will go before voters in November.
    • In October, three initiatives in Arkansas—Issue 4, Issue 5, and Issue 7—were rejected by the Arkansas Supreme Court and will not be decided by voters, bringing the total down from 165 measures to 162. These measures concerned a cap on medical malpractice awards, additional casinos in the state, and medical marijuana.
    • Issue 6, the other medical marijuana measure that was certified for the ballot in Arkansas, was also subject to a lawsuit but was left on the ballot by the Arkansas Supreme Court’s decision.
    • Over 205 million Americans will be affected by the results of statewide ballot measure elections in November.
    • Seventy-one of the 162 measures certified this year are citizen initiatives, and five are veto referendums. That is more than double the 35 citizen initiatives certified in 2014. In fact, this year features more citizen initiatives on the ballot than in any year since 2006. Low turnout in the 2014 elections likely contributed to more citizen initiatives being proposed and certified, since fewer total votes cast in 2014 led to a reduced petition signature burden in 2016 in many states.
  • At least $783 million has been spent on the supporting and opposing campaigns for ballot measures so far in 2016.
    • About $746.2 million of this total—95 percent—was spent on campaigns surrounding the citizen initiatives and veto referendums rather than the legislative referrals.
    • Support campaigns have raised more than $464 million, while opposition campaigns have raised just over $319 million.
    • About $489.3 million has been raised by campaigns on both sides of the 17 ballot propositions in California, with three-quarters of that money spent on the top four propositions.
  • Ballotpedia has coverage of ballot measures going back to 1777.

Sunday, October 23

  • The Charleston Gazette-Mail reported that the Democratic candidate for governor of West Virginia, Jim Justice, owed "millions in back taxes to some of Appalachia's most impoverished counties." According to county officials in the neighboring state of Kentucky, the unpaid taxes include $2.3 million in Knott County, $1.2 million in Pike County, $228,300 in Magoffin County, and $167,000 in Harlan County. An investigation by National Public Radio in early October 2016 found that Justice's companies owed about $15 million in taxes and fees across six states. "The Justice companies are being responsible and following the agreed-upon payment plan ... [and] are taking the proper steps to make good on all MSHA commitments," said Billy Shelton, an attorney for Justice. A spokesman for Justice's opponent, Republican Senate President Bill Cole, said that "with West Virginia facing a $350 million deficit, every penny owed to the state helps. ... Instead of paying his debts, Jim Justice has spent more than $3 million on his campaign for Governor." The two are competing for the position left open by Gov. Earl Ray Tomblin (D), who is term-limited from running for re-election, in a race ranked "Toss-up." West Virginia currently has a divided government; if Republicans win the governorship, they may gain trifecta control of the state.

Monday, October 24

  • President Obama (D) began endorsing about 150 down-ballot candidates across 20 states, including state legislative candidates. These endorsements are being made in an attempt to regain some of the seats lost during President Obama’s tenure. Obama, whose approval ratings averaged 55 percent in Gallup polls last week, will support down-ballot candidates by officially endorsing them in statements as well as recording robocalls and making commercial appearances. Obama and the Democratic Party are specifically looking to reduce the power of the Republican Party in state legislatures. Republicans currently hold 23 state government trifectas, meaning the party has the majority in both the state house and state senate, as well as holding the governorship in the state. According to Politico, these endorsements have come to presidential swing states such as Florida and Pennsylvania, but have also targeted specific, vulnerable districts in states that are considered less competitive in the presidential race.
    • A complete list of all (approximately) 150 endorsements has not yet been published as of this writing. However, a list of announced endorsements has been compiled by Ballotpedia and can be seen here.
  • Former Pennsylvania Attorney General Kathleen Kane (D) was sentenced to 10 to 23 months in jail by Montgomery County Judge Wendy Demchick-Alloy. Kane had been convicted of nine criminal charges, including two felony counts of perjury and seven misdemeanors, for leaking grand jury information to the media in order to embarrass political rivals. Kane is one of only two attorneys general in Pennsylvania state history to face criminal charges.
  • The justices of the Alabama Supreme Court recused themselves from Chief Justice Roy Moore’s (R) appeal to end his permanent suspension from the bench. In their place, seven retired judges who previously served on an appellate, circuit, or district court in the state will be selected from a pool to hear the appeal. The pool of retired judges will be picked by Alabama Governor Robert Bentley (R) and acting Chief Justice Lyn Stuart (R), and seven of those judges will be chosen at random to be invited to serve. The supreme court justices stated that their decision to recuse themselves stemmed from possible questions regarding their impartiality on the case. All nine members of the court are Republican. Three of the nine justices are up for re-election this year, but since no Democrats filed to run against them, they will win their seats without opposition on November 8, 2016.
    • On September 30, 2016, Chief Justice Moore was suspended from the bench for the remainder of his term by the Alabama Court of the Judiciary. Chief Justice Moore faced ethics charges brought by the Alabama Judicial Inquiry Commission.The charges were based on his administrative order in January 2016 stating that the Alabama Supreme Court’s prior orders to probate judges not to issue same-sex marriage licenses “remain in full force and effect” in the wake of the U.S. Supreme Court decision in Obergefell v. Hodges. That decision held that the U.S. Constitution requires states both to license same-sex marriage and to recognize such marriages performed in other states.
    • Chief Justice Moore first served as chief justice from 2001 to 2003. During that term, he was first suspended and then removed from the bench for his refusal to remove a monument of the Ten Commandments from the state courthouse. He was voted back onto the state supreme court in 2012 and had served as chief justice since 2013. Chief Justice Moore will be unable to run for another term due to Alabama’s age limit of 70 for judicial candidates. His term was scheduled to end in 2019. The press secretary to Gov. Bentley said that no interim justice will be appointed; the Alabama Supreme Court will continue through the end of Chief Justice Moore’s term with only eight justices.
  • Former Connecticut State Representative Victor Cuevas (D) was sentenced to one year of probation and a $1,000 fine for conspiracy to commit bank fraud. Cuevas, who resigned in March 2016 as a result of these charges, falsely claimed on a mortgage application that he was using a cash gift from a relative to aid in buying a house. The investigation revealed that the money was a loan from an employee who worked for Cuevas in the city of Waterbury’s recreation department. Cuevas and the unnamed employee, posing as Cuevas’ cousin, signed a statement that the funds received were a gift. However, Cuevas paid back the funds once the mortgage was closed.
  • North Carolina state legislators are putting together a relief package for the victims of Hurricane Matthew. The plan is being modeled after the state’s relief package made in 1999 in response to Hurricane Floyd. State House Majority Leader John Bell (R) said that he is working with small business owners and community leaders to find out where additional assistance is needed. Bell expects the relief package to be completed in the next couple of weeks and hopes that the bill is the first one filed when the legislature comes back in January 2017. Since the plan is not yet finished, the exact details of the relief package are unknown, but it will focus on the economy, agriculture, and transportation.
  • The United States Court of Appeals for the Ninth Circuit upheld a 2012 decision by the National Marine Fisheries Service (NMFS) citing human-made climate change to justify listing the bearded seal as a threatened species under the Endangered Species Act. The NMFS’s listing decision cited scientific opinions predicting a loss in habitat for the seal due to melting sea ice from global warming between the years 2050 and 2100. The federal appeals court affirmed that the agency could list the seal based on the potential future impacts of human-made climate change even if the species is not presently endangered or threatened. The state of Alaska, the Alaska Oil and Gas Association, the American Petroleum Institute, and others brought suit against the NMFS over its decision, arguing that the agency’s projections of future global warming were hypotheses not based on observable data. The court rejected their argument, writing that the NMFS’s projections had “value” in the listing process and that the Endangered Species Act “does not require [the] NMFS to make listing decisions only if underlying research is ironclad and absolute.” According to The Hill, the ruling “could help build a precedent of using climate change forecasts for decisions like species protections.” The Center for Biological Diversity, an environmental advocacy group, supported the ruling, which it said showed “the vital importance of the Endangered Species Act in protecting species threatened by climate change.” The president of the Alaska Oil and Gas Association criticized the ruling, arguing that the court allowed the agency to list the species based on “conjecture rather than science.” The plaintiffs are considering an appeal to the full appellate court or the U.S. Supreme Court.

Tuesday, October 25

  • Officials held an emergency hearing at the Broward County Courthouse regarding a vote-by-mail ballot misprint for Florida Amendment 2, which would expand the legalization of medical marijuana if approved by voters. The Florida chapter of the National Organization for Reform of Marijuana Laws (NORML) and one of the affected voters, Karen Goldstein, filed a lawsuit in Broward County Circuit Court in response to the printing error, listing Broward County Supervisor of Elections Dr. Brenda Snipes as the defendant. Plaintiffs filed the lawsuit in an effort to get new vote-by-mail ballots with an explanation regarding the error printed and distributed to voters in a timely fashion. The error first surfaced when an Oakland Park voter reported to the Sun Sentinel that Amendment 2 was completely missing from her ballot. Since the first report, at least five other individuals indicated that their ballots were also missing the amendment, and two voters came forward during the emergency hearing. There have been four confirmed cases of the error since the hearing. The Broward County Elections Office claimed that the error resulted from five to seven test ballots without the amendment that were mistakenly sent to voters in the Oakland Park district, and therefore should be limited to about two ballots. A separate medical marijuana measure, also known as Amendment 2, was defeated, as it received 57.62 percent of “yes” votes, which was just shy of meeting the 60 percent mark required for an amendment to be approved in Florida. After hearing more evidence in another emergency hearing on October 27, 2016, Judge Carol-Lisa Phillips ruled in favor of the defendant, Dr. Brenda Snipes, concluding that election officials had already taken necessary precautions and denying the plaintiffs’ motion for emergency ballot redistribution.
  • Ballotpedia's experts presented a webinar on trifectas and the 2016 elections. Watch our recording to learn about the 18 states that could see changes to their trifectas in 2016.

Wednesday, October 26

  • Nebraska Secretary of State John Gale decided to take two Nebraska Referendum 426 radio public service announcements (PSAs) off the air after death penalty opponents said they were biased and misleading. Referendum 426 allows voters to either “retain” or “repeal” the state legislature’s bill banning the death penalty and establishing life in prison as the maximum sentence for first-degree murder. Thus a vote to “retain” would do away with the death penalty, and a vote to “repeal” would reinstate the death penalty. According to Secretary of State Gale, the PSAs were created in order to explain the potentially confusing ballot language for the referendum. Retain a Just Nebraska claimed that the announcements, a 30-second spot and a 60-second spot, were inaccurate because they did not specify that a “retain” vote would not only ban the death penalty but would also establish life in prison as the maximum sentence for first-degree murder. In the most recent poll for Referendum 426, 58.3 percent of respondents reported that they would vote “repeal.”
  • The Georgia Board of Natural Resources adopted more extensive state rules regulating the handling and disposal of coal ash generated by power plants. The state rules go further than the federal rules that went into effect in 2015. The state rules target more coal ash storage and disposal sites, mandate that operators of storage and disposal sites hold state permits, and require landfill operators to adopt coal ash management plans and to test groundwater for coal ash contamination. The Southern Environmental Law Center, a Virginia-based environmental group, argued that the rules did not go far enough and would allow Georgia Power Co., an electric utility, to keep coal ash in place at 12 of the 29 ash ponds at the company’s power plants. Officials at Georgia Power said that the company will comply with the new standards and remove between 8 million and 10 million tons of coal ash and ship them to Georgia landfills. The company also stated it would use specific engineering techniques to prevent coal ash particles from contaminating nearby groundwater.
  • Vermont’s Green Mountain Care Board gave final approval to the state’s plan for an all-payer rate setting program. In all-payer rate setting programs, all third-party payers—such as private insurers, Medicaid, and Medicare—reimburse healthcare providers at similar rates determined by the state. Under the program, fee-for-service reimbursement will be replaced with global payments, which are lump sums intended to cover all of the services provided to patients. Vermont says this system will save the state $10 billion over 10 years, while improving the quality of care. The board’s approval was the last hurdle the state needed to cross in order to begin implementing the program in 2017. Some doctors have asked the state to delay implementation of the program in order to make time to address their concerns. Al Gobeille, the chairman of the Green Mountain Care Board, said that implementation will take place over six years and that concerns could be addressed during that time.
  • Ballotpedia held a webinar on state legislative battleground races and the 2016 elections. Listen as our expert explains how Republicans have the most to lose in November 2016 as they campaign to keep their hold on battleground chambers.
  • A pension bill failed to pass in the Pennsylvania House despite optimism from Republican leadership. House Majority Leader Dave Reed (R) announced that there were not enough Republican votes to pass a bill that was designed to prevent the state’s largest public pension systems from amassing too much debt in the future. Senate Majority Leader Jake Corman (R) claimed that, although the bill would not have answered the state’s immediate pension liabilities, it would have saved taxpayers $2.6 billion over the next 30 years. An analysis by the Pew Charitable Trusts also noted that the reforms suggested could have saved an additional $8.2 billion over the same time period. The bill did not receive a single favorable vote from Democrats, who argued that future pension beneficiaries would not have received fair compensation from the pension systems. Democrats also claimed that, should any pension reform bill be passed, it should address immediate concerns, such as the current $60 billion in unfunded liabilities. Corman blamed Democratic Governor Tom Wolf for claiming to support the bill but not persuading any House Democrats to approve it. Corman believed he had enough votes within his caucus to pass the bill in the Senate if it had passed in the House. The Pennsylvania State House and State Senate are both controlled by Republicans. It is unlikely that Democrats will take control of either chamber in the general election.

 

What’s On Tap Next Week

Saturday, October 29

Monday, October 31

Tuesday, November 1

  • Voter registration deadline in Connecticut (same-day registration is available).
  • Voter registration deadline in Utah if registering online or in person.
  • Early voting ends in Louisiana.
  • Georgia Attorney General Samuel Olens (R) will step down in order to assume the position of president at Kennesaw State University. Olens had interviewed for the position in early October and was selected by the hiring committee on October 12, 2016. The same day, Governor Nathan Deal (R) announced that Director of Economic Development Chris Carr would replace Olens effective November 1, 2016. Carr will serve out the remainder of Olens' term. The office will be up for election in 2018. Georgia is one of 23 Republican trifectas.

Wednesday, November 2

  • Voter registration deadline in Vermont (same-day registration is available).

Thursday, November 3

Friday, November 4


To help guide readers during the 2016 election cycle, Ballotpedia has been following a series of narratives up and down the ballot, helping give our readers a better understanding of the big-picture trends of this election cycle. These articles are the result of in-depth research and analysis through this election year. The stories follow issues such as battleground elections at the federal and state levels, party control in state elections, contested issues in local elections, and the policy issues shaping political debates.

Ballotpedia's Election Analysis Hub, 2016

 

State government in session

All states whose initials appear in red or blue in the list below have unified Republican or Democratic Party control across the state house, the state senate, and the office of the governor. Ballotpedia identifies these as “trifectas.” There are seven Democratic and 23 Republican trifectas. One state—New Jersey—is in regular session; Ohio is in a skeleton (non-voting) session. Massachusetts is in an informal session.

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

Three states are in recess:

  • MI until 11/9
  • PA until 11/14
  • CA until 11/30

The following states have adjourned their regular sessions:

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

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX

State government special elections

As of this week, 47 seats have been filled through state legislative special elections in 2016. Another 16 (not including runoff elections) have been scheduled in nine states. Fifteen of those special elections will take place on November 8, 2016.

  • Nine involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85).
  • An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering municipal elections across 12 of America’s largest counties by population and 46 of America's 100 largest cities by population, local judicial elections across all 39 states holding elections, school board elections across 643 of America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable local measures across the United States.
    • So far this year, Ballotpedia has covered 27 city elections, 28 states with local judicial elections, 306 school board elections, and 162 local ballot measures in California. Ballotpedia will be covering all of the approximately 550 local California measures on the ballot in November.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Saturday, October 22

  • An internal investigation by the Minneapolis Police Department cleared two officers of wrongdoing in the fatal shooting of Jamar Clark. Mark Ringgenberg and Dustin Schwarze had been placed on desk duty since the November 2015 incident, although they were cleared by state and federal investigators previously. In response to the announcement, a lawyer for the attorney of Clark’s family said that several family members planned to file a civil suit in the coming weeks. Police shootings of African Americans have become a national talking point in recent years. Minneapolis is the 46th-largest city in the United States and the largest in Minnesota.

Monday, October 24

  • A bill to legalize Uber and Lyft in Philadelphia passed a vote in the state legislature and only needs the signature of Gov. Tom Wolf (D) to become law. The Senate voted 47-1 to approve the bill, which includes sharing tax revenues from rides with the city’s school district and the Philadelphia Parking Authority (PPA). The ridesharing companies were court-ordered to cease services earlier this month, though they refused. Philadelphia is the fifth-largest city in the United States and the largest in Pennsylvania.
    • A number of disputes between these companies, the PPA, and taxi workers precipitated this legislation:
      • Uber and Lyft began operating in Philadelphia in 2014. The PPA sought to regulate the services and used sting operations to catch ridesharing service drivers. The companies continued to operate in the city as an unregulated and illegal industry.
      • In July 2016, a temporary bill was signed by Gov. Tom Wolf (D) that authorized a 90-day legal period of operation for Uber and Lyft in Philadelphia. The bill gave the PPA regulatory oversight of the companies during the three-month period surrounding the Democratic National Convention.
      • Ron Blount, president of the Taxi Workers Alliance of Philadelphia, and others filed a lawsuit against the PPA in response to the bill. The suit stated that the PPA failed to provide equal protection to all providers of car services. The suit also stated that the regulations on taxi drivers made it impossible to compete with the less-regulated ridesharing services and that cab owner revenue had dropped by 50 percent since 2015.
      • On September 28, 2016, the PPA’s director, Vince Fenerty, resigned amid allegations of sexual harassment. Members of the Philadelphia City Council ordered a review of all of the PPA’s operations.
      • On October 5, 2016, the PPA announced the adoption of relaxed regulations for taxi drivers in response to the lawsuit. The regulatory changes included loosening some inspection requirements on taxis, dropping the requirement for a two-way radio in each taxi, and removing shields between passengers and drivers if a camera is installed in the vehicle. Blount responded to these changes, saying, “I would say we’re halfway there now. For the taxicabs there’s some relief.”
  • In California, the Los Angeles Unified School District voted to shut down three charter schools within the district at the end of the school year. All of the schools performed at an acceptable level or better academically, according to district standards. Board members cited improper wording on renewal petitions and a rift between a fiscal management team and the charter schools as reasons for closure. The three charter campuses, all operated by Magnolia Public Schools, also drew criticism for importing many of their teachers from abroad. LAUSD served 653,826 students during the 2013-2014 school year, which was 10.38 percent of all public school students in California.
  • A federal judge set Barbara Byrd-Bennett’s sentencing date for April 13, 2017, after she pleaded guilty to bribery charges. The former CEO of schools in both Cleveland and Chicago was charged for taking kickbacks on contracts awarded to certain companies by the districts. Byrd-Bennett could face up to seven years in prison as part of the plea deal. Gary Solomon, the co-owner of the SUPES and Synsei consulting firms, pleaded guilty to one count of federal wire fraud as part of this case earlier in October 2016.
    • Solomon admitted to bribing Byrd-Bennett, who was employed by the SUPES company prior to her position with Chicago Public Schools (CPS). Solomon’s plea agreement stated that he offered Byrd-Bennett a percentage of any district contracts she was able to steer toward SUPES. He also admitted that he was integral in getting Byrd-Bennett hired by CPS. Between 2012 and 2013, SUPES contracts with CPS increased from $300,000 to $20.5 million. Solomon and his business partner, Thomas Vranas, set aside a portion of this money in a company fund in order to pay kickbacks to Byrd-Bennett once she returned to work for SUPES.
  • Seattle Mayor Ed Murray (D) delivered his proposal for a new homeless policy to the city council. Homelessness has been an ongoing debate in the city, and Murray announced in May 2016 that he had begun discussing a solution with Gov. Jay Inslee (D). Murray’s proposal is estimated to cost the city around $7 million and would triple the number of outreach workers to connect with individuals living in homeless camps. According to the Seattle/King County Coalition on Homelessness, the city had 10,047 homeless people in January 2015, 3,772 of whom lived on the street. Seattle is the 21st-largest city in the United States and the largest in Washington state.
  • The Baltimore City Council took steps toward approving the city’s first overhaul of its zoning code in more than 40 years. The plan, which has been referred to as TransForm Baltimore, is aimed at reusing the city’s historic buildings and making the city more walkable. Under the current proposal, dozens of liquor stores in residential neighborhoods would be forced to close, and any fraternities, sororities, bail bondsmen, and check-cashing companies would require city council approval before opening. Baltimore’s current zoning policy was approved in 1971, and this new proposal has been under consideration by the city’s planning department since 2008. Baltimore is the 26th-largest city in the United States and the largest in Maryland.

Tuesday, October 25

  • The Chicago City Council’s Transportation Committee voted to move a plan forward that would remove Republican presidential nominee Donald Trump’s name from the plaza in front of his hotel in the city. The matter will go to a full council vote in November. Alderman Brendan Reilly (D-42) was the main proponent of the measure. Reilly said that the Trump name is “a brand that now stands for dividing our country and using dangerous and hurtful rhetoric to separate what makes this city and this country so great, which is our diversity.” He also said that Trump’s portrayal of violence in Chicago over recent months is a "caricature" and not an accurate representation of the city. Chicago is the third-largest city in the United States and the largest in Illinois.

Wednesday, October 26

  • The Greater Baton Rouge Business Report endorsed independent candidate Darryl Gissel for mayor of Baton Rouge. The primary election takes place on November 8, 2016, and a candidate can win outright by earning a majority of the votes. If no candidate receives a majority, the top two vote recipients will compete in the general election on December 10, 2016. Term-limited Mayor Kip Holden (D) is running for a U.S. House seat this year, and 12 candidates are competing to replace him in the city’s top post. Baton Rouge is the 93rd-largest city in the United States and the second-largest in Louisiana.
  • Thirty mayors of cities and towns across Massachusetts, including Boston Mayor Marty Walsh (D), came out in opposition of Question 2. Question 2 would give the state Board of Elementary and Secondary Education the authority to approve 12 new charter schools or to expand existing charter schools as a result of increased enrollment each year beginning on January 1, 2017. Priority would be given to those charter school applicants who seek to open a charter school in public school districts that are in the bottom 25 percent for test performance in the two years before application. Gov. Charlie Baker (D) is a supporter of the measure. In 2013, Massachusetts had 954,773 students enrolled in a total of 1,854 schools in 404 school districts and spent $14,515 per pupil.
  • Miami-Dade County Mayor Carlos Gimenez (R) received a letter from Florida Surgeon General Celeste Philip requesting the county to provide detailed plans for dealing with the Zika virus. The county was given a deadline of November 4, 2016, to develop a comprehensive breakdown of spending for mosquito prevention, data on mosquito traps, and research on the efficacy of local control efforts. A spokesman for the mayor said the county would comply and is in daily communication with the Florida Department of Health. Zika was first identified in the area in July 2016.
  • Comcast filed a lawsuit against the city government of Nashville, Tennessee, due to a city ordinance meant to give Google Fiber access to moving wires from telephone poles. The law, which Comcast maintains violates existing FCC policy, was implemented to reduce the time required to deploy high-speed internet. Prior to the law’s passage, Comcast had control over when and how its wires on poles were moved to make room for third-party providers. Comcast asked the court to declare the law invalid and to ban the city from enforcing it. Nashville is the 25th-largest city in the United States and the second-largest in Tennessee.

Thursday, October 27

  • San Diego City Council President Sherri Lightner unveiled a proposal aimed at eliminating short-term rentals in the city. Lightner’s proposal would change city code to label any visitor or tourist a “transient” if they rent a home for less than 30 days. The law would impose a 30-day rental minimum for homes in single-family zones and a seven-day minimum in multi-family zones. Individual rooms and spaces would also have a seven-day rental minimum. Airbnb revealed it had 4,900 hosts within the city limits who would be affected by such a change. The penalties written into the code are a $2,500 fine per violation, with a maximum of $250,000 per parcel of land for violations. San Diego is the eighth-largest city in the United States and the second-largest in California.

 


 

Back to top for Federal and fact checks updates

Fact Check

Fact Check by Ballotpedia

Federal fact checks

  • Fact check: Did Sen. Richard Burr vote against funding for the national sex offender registry? Former State Rep. Deborah Ross is challenging U.S. Sen. Richard Burr in North Carolina’s U.S. Senate election. In a recent ad, Ross’ campaign claimed that Sen. Burr voted against funding for the national sex offender registry. Burr did vote against a bill containing $2 million for the national sex offender registry created by the Adam Walsh Act of 2006. This bill, though, contained $54 billion for multiple federal agencies.

State and local fact checks

  • Fact check: Did Sue Minter advocate new taxes on 160 services? In Vermont’s gubernatorial election, Republican Lt. Gov. Phil Scott has argued that Democrat Sue Minter supports “the creation of a new sales tax on over 160 services.” Is this true? No. Minter has only expressed interest in lowering tax rates by expanding the tax base. She did not endorse a new sales tax on 160 services.
  • Fact check: Does Proposition 60 allow Californians to sue adult film performers, crew members, and television companies? Proposition 60 mandates the use of condoms in adult films. Opponents say it would give any Californian the right to sue “adult film performers, even injured performers, on-set crew, and cable and satellite television companies” who violate the new law. Is this true? Technically, yes, though two criteria would have to be met. First, a civil suit can only proceed if the state does not take enforcement action of its own. Second, citizens could only sue performers, crew, and others if they are a producer that “sells, offers to sell, or causes to be sold” such adult films.

 

Read the latest fact checks.


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