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The Tap: The SCOTUS Shortlist

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January 28, 2017Issue No. 50

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The week in review: January 21 - January 27
What's on Tap next week: January 28 - February 3

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

On Wednesday, January 25, President Donald Trump stated that he would announce his nominee to succeed Justice Antonin Scalia on the U.S. Supreme Court on Thursday, February 2. Various reports indicated a consensus of three names on Trump’s short list: Judges Neil Gorsuch, Thomas Hardiman, and William Pryor. In addition to those three names, Bloomberg reported that Judge Raymond Kethledge was a fourth judge on Trump’s short list, while CNN reported that Judge Diane Sykes was on Trump’s list along with Gorsuch, Hardiman, and Pryor.

 

Federal

The Week in Review

Saturday, January 21

The Women’s March

  • An estimated 3 million people participated in the Women’s March in Washington, D.C., and more than 670 Sister Marches across the globe. The organizers said the aim was to rally for human rights. Speaking at one such rally in Boston, U.S. Sen. Elizabeth Warren (D-Mass.) connected the demonstrations to opposition to the Trump administration's policy agenda: “Yesterday, Donald Trump was sworn in as president. That sight is now burned into my eyes forever. And I hope the same is true for you — because we will not forget. We do not want to forget. We will use that vision to make sure that we fight harder, we fight tougher, and we fight more passionately than ever.” Following the marches, training and networking sessions were held with the aim to mobilize demonstrators to sustain the movement. Read more about opposition to the Trump administration here.

Monday, January 23

Executive Actions

  • Trans-Pacific Partnership: Trump signed an executive order withdrawing the United States from negotiations involving the Trans-Pacific Partnership (TPP). This effectively ended U.S. involvement in the multilateral trade deal, which had not been ratified by Congress. As he signed the order, Trump called it a “great thing for the American worker.” The promise to remove the United States from TPP negotiations was part of a short YouTube video that Trump released on November 21, 2016, when he said that he would issue a “notification of intent to withdraw from the Trans-Pacific Partnership” on his first day in office.
  • Hiring freeze: In another executive order, Trump authorized a hiring freeze for the federal government. The freeze excludes the military, national security staff, and staff responsible for public safety and public health. The hiring freeze was one portion of the Trump campaign’s “Contract for the American Voter,” which he announced in October 2016. That proposal said the freeze aimed “to clean up the corruption and special interest collusion in Washington, DC.”
  • Mexico City Policy: Trump also signed an executive order to reinstate the Mexico City Policy, a policy regarding non-governmental organization (NGO) funding and abortion named after the city in which it was announced. The Mexico City Policy—called the “Global Gag Rule” by political opponents— was introduced by President Ronald Reagan (R) in 1984 and makes “neither perform[ing] nor actively promot[ing] abortion as a method of family planning in other nations” conditions of receiving federal funding for any NGO. Rescinding or reinstating this policy has become a tradition when party control of the White House changes. After being instituted in 1984 by Reagan, President Bill Clinton (D) rescinded the policy on January 22, 1993. Exactly nine years later, President George W. Bush (R) reinstated the policy, only to have in rescinded by President Barack Obama (D) on January 23, 2009.

Pompeo Confirmation

  • Kansas Rep. Mike Pompeo (R) was confirmed to be the next head of the CIA. The vote had originally been slated for Inauguration Day but was rescheduled to Monday after Republicans and Democrats agreed to begin debate on Pompeo’s nomination. Pompeo’s initial hearing before the Senate Intelligence Committee was on January 12. We covered the highlights of his testimony here.

Tillerson Moves Out of Committee

The First Press Conference

  • White House press secretary Sean Spicer held his first press conference, where he discussed several foreign policy positions of the Trump administration, including the location of the U.S. embassy in Israel, the South China Sea, and potential alliances to defeat ISIS.
    • Spicer said that no decisions had been made regarding whether to move the U.S. embassy in Israel from Tel Aviv to Jerusalem. He said that the Trump administration was "at the very early stages of that decision-making process" and would "continue to consult with stakeholders as we get there.” Trump and his nominee for ambassador to Israel, David Friedman, both expressed support for moving the embassy last year.
    • Spicer also said that the U.S. would protect its interests in the South China Sea, where several islands are under disputed sovereignty. "If those islands are in fact in international waters and not part of China proper, then, yes, we’re gonna make sure that we defend international territories from being taken over by one country," he said.
    • According to Spicer, the Trump administration would be open to working directly with Russia to combat ISIS. "The president has been very clear that he’s going to work with any country that shares our interest in defeating ISIS. I think that if there’s a way that we can combat ISIS with any country, whether it’s Russia or anyone else, and we have a shared national interest in that, sure, we’ll take it," he said. Spicer declined to say the U.S. would do the same with Syrian President Bashar al-Assad. “We are going to smartly do this. We're not going to get together with people under guise of defeating ISIS if that's not truly their guise,” he said.

Tuesday, January 24

Carson Moves Out of Committee

Kansas Sets Date for Special Election

  • Kansas Gov. Sam Brownback set a date for the special election to replace Mike Pompeo (KS-04). Pompeo was confirmed by the Senate to be the new CIA director earlier in the week. The special election will take place on April 11, 2017, and no primary elections will be held. Instead, party leaders will choose nominees at special conventions.

Executive Actions

  • President Donald Trump signed executive actions to expedite final approval of the Keystone XL and Dakota Access pipelines. The actions did not officially approve the projects as each require a different type of approval. The Keystone pipeline, which would deliver crude oil from tar sands in Alberta, Canada, to the Gulf Coast, requires a presidential permit issued by the U.S. State Department for the pipeline to cross the U.S.-Canadian border. The Dakota Access pipeline requires a permit from the U.S. Army Corps of Engineers allowing the pipeline to be built under Lake Oahe in North Dakota. In a memorandum to the secretary of the Army regarding the Dakota Access pipeline, Trump stated that the pipeline was more than 90 percent complete and that the "construction and operation of lawfully permitted pipeline infrastructure serve the national interest." In a memorandum regarding the Keystone XL pipeline, Trump stated that TransCanada, the company responsible for the Keystone pipeline, should re-submit its application for a presidential permit.

Key Vote

Nikki Haley Confirmed as UN Ambassador

  • Former South Carolina Governor Nikki Haley was confirmed by the Senate to be the next ambassador to the United Nations. Only four senators voted against Haley’s nomination— Chris Coons (D-Del.), Martin Heinrich (D-N.M.), Bernie Sanders (I-Vt.), and Tom Udall (D-N.M.).

Elaine Chao Moves Out of Committee

Wilbur Ross Moves Out of Committee

Tom Price Confirmation Hearing

  • On block grants to Medicaid. Sen. Bob Menendez (D-N.J.) asked Price if block granting Medicaid to states—which would give each state a set amount to administer the program as it sees fit—meant that Medicaid would then no longer be a right but a possibility subject to funds granted to states. He questioned, “When you move to a block grant do you still have the right [to Medicaid if you qualify]?” Price responded, “No. I think it would be determined by how that is set up.” Read more about Price’s hearing here.

Mick Mulvaney Confirmation Hearing

  • On spending for military and defense. In a contentious line of questioning from Sen. John McCain (R-Ariz.), Mulvaney was asked about his legislative record regarding military spending and if he would support increased defense spending. “The best possible route forward is to raise the top line defense number and to have corresponding reductions in the non-defense discretionary,” Mulvaney said. Read more about Mulvaney’s hearing here.

Linda McMahon Confirmation Hearing

  • Former professional wrestling executive Linda McMahon appeared before the Senate Committee on Small Business and Entrepreneurship. During her confirmation hearing, McMahon identified improving the Small Business Administration’s (SBA) disaster relief programs as her first priority. “Disasters don’t pick a time. They happen. And we need to be prepared for those disasters. I don’t know how effective they’ve been. I know that when Sandy hit a few years ago, Hurricane Sandy … it was a delay in time of response from the SBA. … We have to be ready for disaster relief. When our small businesses are put out of business for a while, the economy suffers,” she said.

Wednesday, January 25

Executive Orders

  • President Donald Trump signed two executive orders on immigration. The first, “Enhancing Public Safety in the Interior of the United States,” will introduce penalties against sanctuary cities—which limit the enforcement and prosecution of federal immigration laws—including making them ineligible for federal grants. A November 2016 study by Ballotpedia found that 21 of the largest 100 cities by population in the United States either self-identified or were identified by others as sanctuary cities.
    • This executive order also prioritizes the deportation of individuals who “pose a risk to public safety or national security.” This applies not only to non-citizens found guilty of a criminal offense, but also to those who have been charged with but not convicted of a crime.
    • “Secure Communities,” a deportation program discontinued under the Obama administration that uses local law enforcement arrest data to identify individuals residing in the U.S. without legal permission, has also been reinstituted as a result of this executive order.
  • Trump’s second order on immigration, “Border Security and Immigration Enforcement Improvements,” calls for the construction of a wall along the United States’ southern border, a key component of Trump’s platform as a presidential candidate. Senate Majority Leader Mitch McConnell (R-Ky.) estimated on Thursday that the wall would cost between $12 billion and $15 billion. “We intend to address the wall issue ourselves, and the president can deal with his relations with other countries on that issue and others,” McConnell said, indicating Congress would handle funding the project.
    • Under this executive order, additional detention facilities will also be built near the border to house individuals residing in or entering the U.S. without legal permission.
    • White House press secretary Sean Spicer said on Thursday that Trump is considering applying a 20 percent tax on imports from Mexico to pay for the construction of the wall.

U.S. Representative Announces Future Retirement

Thursday, January 26

Acting Chairperson of FERC

  • President Donald Trump named Cheryl LaFleur as acting chairperson of the Federal Energy Regulatory Commission (FERC). FERC is a federal agency responsible for regulating the interstate transmission of electricity, crude oil, and natural gas. In addition, FERC regulates hydroelectric dams and oversees utility mergers. LaFleur was appointed to the commission by President Barack Obama and confirmed in 2014 by the U.S. Senate for a second four-year term by a vote of 90 to 7. Prior to joining the commission in 2010, LaFleur was executive vice president of National Grid USA.

Friday, January 27

  • Thousands of people participated in the March for Life in Washington D.C. to oppose abortion. Vice President Mike Pence spoke at the rally, saying “Life is winning again in America. That is evident in...the historic election of a president...who I proudly say stands for the right to life.”

 

Congress is IN session SCOTUS is NOT in session
Both the U.S. Senate and the U.S. House will be in session Monday-Friday next week. 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, February 21, 2017.

What’s On Tap Next Week

Monday, January 30

Tillerson Up

  • Rex Tillerson, Trump’s nominee for secretary of state, is scheduled to receive full consideration in the Senate.

Tuesday, January 31

Chao On Deck

  • Trump’s nominee for secretary of transportation, Elaine Chao, is scheduled to receive a confirmation vote in the U.S. Senate.

Senior Status

Judicial Retirement

A Vote on Rick Perry

A Vote on Jeff Sessions

Wednesday, February 1

Senior Status

Judicial Retirement

  • Lee Satterfield, an associate judge on the Superior Court of the District of Columbia, will retire from that court. From 2008 to 2016, Judge Satterfield served as the chief judge of the court. The court has 62 seats. Judge Satterfield’s retirement will create a fifth vacancy on that court. Though the court is a local court serving the District of Columbia, a vacancy can only be filled by a nomination from the president. That nomination is subject to confirmation by the U.S. Senate.

Shulkin’s Confirmation Hearing

Thursday, February 2

An Expected Announcement

Puzder Appears Before Committee

Friday, February 3

Senior Status

  • Judge Sue Robinson, a federal judge on the United States District Court for the District of Delaware, will take senior status, creating an Article III vacancy on that court. The court has four active judicial positions. Judge Robinson’s retirement will create the lone vacancy on that court. Judge Robinson’s decision to take senior status will create the 91st vacancy among 673 life-term federal district judge positions, which is 13.5 percent of the active life-term positions on federal district courts.
    • For more, read our report on federal judicial vacancies during President Trump’s first term.

 

Where was the president last week? Federal judiciary
President Donald Trump was the keynote speaker at the congressional Republican retreat in Philadelphia, Penn. It was his first official trip using Air Force One.  
  • 121 total federal judicial vacancies
  • 0 pending nominations
  • 15 future vacancies

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

State and Local

Highlights

State

Local

  • On Wednesday, January 25, President Donald Trump (R) signed an executive order to withhold federal funding from sanctuary cities. The order stated that the municipalities "are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes." A sanctuary city limits cooperation between its local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE) in order to prevent the deportation of undocumented immigrants. In these cities, government workers and police officers are barred by city policy from asking residents about their immigration status and compliance with ICE detainer requests is limited. A Reuters report estimated that the 10 largest sanctuary cities in the country could lose a total of $2.27 billion in federal funds annually.
    • Officials in multiple sanctuary cities criticized the executive order and stated that they would continue to limit their cooperation with ICE. Chicago Mayor Rahm Emanuel (D) stated, “I want to be clear: We're going to stay a sanctuary city." Officials in New York City, Los Angeles, Boston, Portland, Seattle, San Francisco, Oakland, San Jose, and other cities made similar statements. Officials in other municipalities, such as Denver, publicly denied that they were sanctuary cities but stated they would continue to have certain policies consistent with sanctuary city practices.
    • Other municipalities responded to the executive order by confirming that they are not sanctuary cities. In California, Fresno Mayor Lee Brand (R) stated, “I’m not going to make Fresno a sanctuary city because I don’t want to make Fresno ineligible from receiving potentially millions of dollars in infrastructure and other types of projects. My philosophy is to follow the law and to avoid these national culture-war questions.” In Florida, Miami-Dade County Mayor Carlos Gimenez (R) announced that the county would begin to comply with detention requests from the federal government. He called on ICE to cover the county’s costs for that detention.
    • Texas Governor Greg Abbott (R) stated in a television interview, “We are working on laws that will, one, ban sanctuary cities, remove from office any officeholder who promotes sanctuary cities, impose criminal penalties as well as financial penalties.” This would be a form of state-local preemption. He also made a specific mention of Travis County Sheriff Sally Hernandez (D), who was elected in November 2016, and stated, “We will remove her from office.” Hernandez’s campaign included a pledge to limit the county sheriff office’s cooperation with ICE, which is consistent with sanctuary city policies. She was elected with 60 percent of the vote and defeated Joe Martinez (R), who had pledged to cooperate with ICE. The county seat of Travis County is Austin. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
 

State

The Week in Review

Ballot measures update

2017

  • So far, four 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.

2018

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

Monday, January 23

Casino or Slot Machines in York County, Maine

  • The Maine secretary of state certified enough signatures for the Maine Casino or Slot Machines in York County Initiative to qualify for a spot on the ballot on November 7, 2017. Because of the state’s indirect initiative process, the legislature will have a chance to approve the initiative during its 2017 session, precluding its appearance on the ballot. The measure would authorize the Maine Gambling Control Board to accept an application for a license to operate slot machines or a casino in York County, Maine. Supporters attempted to get the initiative qualified for the 2016 ballot, but not enough signatures were found to be valid by the secretary of state's office. Supporters collected more signatures and submitted them on December 22, 2016. As of January 18, 2017, the committee registered in support of this initiative had raised $4.2 million, while there was no committee registered in opposition to this initiative.

Utah Starts Its Session

  • The state legislative session began in Utah. Utah is currently one of 25 Republican trifectas. The state’s 104 legislators—a number that represents 1.4 percent of the 7,383 state legislators across the country—are back to work.

Resignation in the South Dakota House

  • South Dakota State Rep. Mathew Wollmann (R) resigned from his position. Wollmann had admitted to KSFY the week before that he had sex with two interns while he was a freshman legislator. A disciplinary committee to investigate the matter was created shortly after, and chamber leadership said they would look at improvements to employee training. A replacement will be appointed by Gov. Dennis Daugaard (R). Wollmann’s resignation leaves the Republicans with a 59-10 majority in the chamber. South Dakota is currently one of 25 Republican trifectas.


Tuesday, January 24

Minnesota Governor Diagnosed with Cancer

  • Minnesota Gov. Mark Dayton (D) announced that he was diagnosed with prostate cancer, though he said he intends to finish his term. His announcement came following his collapse while delivering the annual State of the State address on Monday night. The governor’s physician said that he believed the fainting was caused by dehydration and standing for an extended period of time and was not due to the prostate cancer. Dayton, in his second term as governor, was first elected in 2010. His current term expires in January 2019. In the event of a vacancy in the governor’s office, Lt. Gov Tina Smith (D) would become governor. Minnesota is one of 19 states currently under divided government.

Resignation in the Washington Senate

  • Washington State Sen. Brian Dansel (R) resigned his position to join the Trump administration, leaving the chamber in a partisan tie. Dansel accepted a job as a special assistant to the U.S. secretary of agriculture. Although Democrats outnumber Republicans 25-23 in the chamber, one Democrat caucuses with the Republicans, giving them the majority. The vacant seat will not affect partisan balance, since vacancies in Washington are filled by appointment, with the state central committee of the political party that last held the seat supplying a list of names. Democrats could technically break tied votes in the senate with the help of Lt. Gov. Cyrus Habib (D). Washington is one of 19 states currently under divided government.

New Laws Amending Arkansas Issue 6

  • Arkansas Gov. Asa Hutchinson (R) signed a pair of bills into law amending Issue 6, the marijuana initiative approved by voters in 2016. House Bill 1058 eliminated the requirement that a physician declare in writing that the benefits of medical marijuana would outweigh the health risks for the patient, but it kept intact the requirement that physicians provide written certification stating that the patient has a qualifying condition for medical marijuana. House Bill 1026 pushed back two deadlines: the date that the Alcoholic Beverage Control Division needs to set up rules for dispensaries and cultivation facilities and the date the Arkansas Medical Marijuana Commission needs to set up a licensing process. Originally, both of these deadlines were set for 120 days after the election. HB 1026 extended them to 180 days. Because HB 1058 and 1026 made changes to a constitutional amendment, they had to pass with a two-thirds majority in each chamber. Arkansas is currently one of 25 Republican trifectas.

South Dakota House Attempts to Repeal Initiative 22

  • The South Dakota House of Representatives passed House Bill 1069 54-13 in an attempt to repeal Initiative 22, a campaign finance and lobbying measure passed by voters in 2016. The initiative created an ethics commission and a publicly funded campaign finance system, revising state campaign finance and lobbying laws as well. HB 1069 was passed with an emergency clause, meaning that citizens will not be allowed to initiate a veto referendum campaign to overturn it. Leadership in the Senate halted debate on the bill and tabled discussion until February 1. In order to become law, HB 1069 would need to pass the Senate by a two-thirds majority and be signed by Gov. Dennis Daugaard (R). The governor has already publicly stated that he supported repealing and replacing the initiative. South Dakota is currently one of 25 Republican trifectas.

Ohio Marsy’s Law Initiative Supporters File Amendment Summary

  • Supporters of a Marsy’s Law initiative filed 2,500 signatures and an amendment summary with the Ohio attorney general. If the petition language is approved, organizers would need to gather 305,591 valid signatures by July 5 to place the measure on the November 7 ballot. The measure would repeal and replace Section 10a of Article I of the Ohio Constitution, a section addressing the rights of crime victims, with a Marsy's Law. The amendment would provide crime victims with specific rights, such as the right to be notified about and present at proceeding;, to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused; to be protected from the accused; to be notified about release or escape of the accused; to refuse an interview or disposition at the request of the accused; and to receive restitution from the individual who committed the criminal offense. So far, one statewide ballot measure has been certified for the 2017 ballot in the state of Ohio.
    • Henry Nicholas, the billionaire co-founder of Broadcom Corp., started campaigning for this kind of legislation to increase the rights and privileges of victims. He was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in South Dakota, Montana, and North Dakota—all of which were approved. He also supported 2016 legislative efforts to enact Marsy’s Laws in Georgia, Hawaii, Kentucky, Nevada, and North Carolina. The legislation is named after Nicholas' sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Henry and his mother were also confronted by Marsy's ex-boyfriend after his release from prison; they were unaware of his release from prison on bail.

Resignation in the South Carolina House of Representatives

  • South Carolina State Rep. Chris Corley (R) resigned from the chamber just before Speaker James Lucas introduced a bill to expel him over a felony aggravated domestic violence charge. Prosecutors say that Corley struck his wife on the head and pointed a gun at her on the night of December 26. The representative’s attorney did not dispute the facts in court. Corley faces up to 20 years in prison if convicted of the charge. A special election will be held to fill Corley’s seat. Republicans hold a 79-44 majority in the chamber, and South Carolina is currently one of 25 Republican trifectas.

Minnesota House Passes Bill To Address Costs of Police Services at Protests

  • The Minnesota House Civil Law and Data Practices Committee passed a bill along a party-line vote that would allow cities to charge protesters for police services and sue to recoup expenses incurred while policing protests. Rep. Nick Zerwas (R), the bill’s sponsor, said that $2.4 million was spent in the previous 18 months across some of the state’s largest cities due to protests. Rep Ilhan Omar (D), an opponent of the bill, said that a significant portion of that money was paid out because of excessive force by police. Laws targeting protests and protesters have been proposed in several other states, including North Dakota, Iowa, Michigan, Indiana, Colorado, Virginia and Washington. The bill would still need to pass the full House and Senate and be signed by Gov. Mark Dayton (D) before becoming law. Republicans control the House 77-57 and the Senate 34-33. Minnesota is one of 19 states currently under divided government.

California Governor Delivers State of the State Address

  • California Gov. Jerry Brown (D) delivered a State of the State address that the New York Times called “a fiery anti-Trump message.” The self-written speech, titled “California Is Not Turning Back, Not Now, Not Ever,” declared resistance to the climate change and immigration policies of the new administration. Brown did, however, praise Trump’s call for a $1 trillion public works investment across the country. This is not the first time this year that California lawmakers have said they expect a battle with the Trump administration. Earlier this year, the California State Legislature announced it would retain former U.S. Attorney General Eric Holder to represent the state in any legal disputes with the federal government. State Sen. Kevin de León (D) said at the announcement that “the former attorney general of the United States brings us a lot of firepower in order to prepare to safeguard the values of the people of California.” California, which is currently one of six Democratic trifectas, was carried by Hillary Clinton by more than four million votes in the 2016 presidential election.

Colorado Senate Passes Bill Addressing Gun Safety Training for Public School Employees

  • The Colorado Senate State, Veterans, and Military Affairs Committee passed a bill along a party-line vote that would allow county sheriffs to train public school employees in gun safety. Senate Bill 005 will now move to the full chamber for consideration. Majority Leader Chris Holbert (R) said that the bill was meant to standardize training requirements for those already allowed to carry guns on school campuses. Opponents of the legislation say that it would result in an increase in the number of guns on school campuses across the state, which they say increases the chance of a tragic incident. Before becoming law, SB 005 would need to pass the full chamber, pass the Colorado House of Representatives, and get the signature of Gov. John Hickenlooper (D). Republicans currently control the Senate 18-17, but Democrats hold a 37-28 majority in the House.

Virginia’s Special Election

  • FILING DEADLINE: The deadline passed to file to run for one state legislative special election in Virginia. House District 71 will be up for election due to incumbent Jenn McClellan's (D) election to the state Senate in a special election on January 10, 2017. The election to fill her former seat will take place on February 7. Republicans currently control the lower chamber of the state legislature by a 66-33 majority. Virginia is one of 19 states currently under divided government.


Wednesday, January 25

Maine Medicaid Expansions Supporters Submit Signatures

  • Supporters of the Maine Medicaid Expansion Initiative submitted more than 66,000 signatures to the secretary of state in hopes of getting the measure on the ballot. They need at least 61,123 signatures to be deemed valid in order to move the initiative to the state legislature. Because of the state’s indirect initiative process, the legislature will have a chance to approve the initiative during its 2017 session if enough signatures are verified, precluding its appearance on the ballot. The measure would require the state to provide Medicaid services through MaineCare for persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line. As of January 1, 2017, 32 states had expanded Medicaid under the Affordable Care Act (ACA), and 19 states had chosen not to expand Medicaid. Maine was the only state in the northeastern United States not to expand Medicaid under the ACA.

Former Tennessee Representative Sentenced

  • Former Tennessee State Rep. Joe Armstrong (D) was sentenced to three years probation in a federal tax fraud case. The maximum penalty for his conviction was three years in prison, but Armstrong received probation—with six months of electronically monitored house arrest—instead. Armstrong was convicted of filing a false tax return on August 8, 2016, and the conviction automatically disqualified him from holding public office. He resigned on September 12 before he could be ousted from the state House during a special session. Because he was running for re-election at the time, he was replaced on the 2016 general election ballot by Rick Staples (D), who won the seat. Armstrong served in the state House for 28 years. The chamber is currently controlled by a 74-25 Republican majority.

New York State Senator Joins Independent Democratic Conference

  • New York State Sen. Jose Peralta (D) joined the chamber’s Independent Democratic Conference (IDC), bringing the group up to eight members. The IDC’s coalition with Senate Republicans is responsible for Republican control of the chamber in spite of the Democrats holding a numerical majority. Simcha Felder (D) also caucuses with this coalition but is not a member of the IDC. Peralta said he joined the IDC because of their record of producing results, adding that he wanted to deliver results for his constituents in the areas of affordable housing, homelessness, and school funding. Members of the Senate Democratic Conference, however, said they feel that the IDC is looking out for the personal gain of its members rather than pursuing progressive causes. The Republican coalition currently holds a 40-23 majority in the chamber. New York is currently one of 19 states under divided government.
    • Since 2005, Ballotpedia has found 11 instances in state legislative chambers where either a member of the minority party held the top leadership position or where a member of the majority party held the top leadership position even though that person was not the top choice of most of the members of the majority party.

Resignation in the Montana Senate

  • Montana State Sen. Mary Sheehy Moe (D) resigned from her position, citing a need to be more available for her daughter and three newborn grandchildren that were born prematurely. Cascade County commissioners will be responsible for picking a replacement from a list of names provided to them by the Cascade County Democratic Central Committee. With this vacancy, Republicans hold a 32-17 majority in the chamber. Montana is currently one of 19 states under divided government.

Thursday, January 26

Calexit Supporters Can Begin Collecting Signatures

  • Supporters of the Calexit initiative received approval from California Secretary of State Alex Padilla (D) to begin collecting signatures to put the proposal on the 2018 ballot. Officially called California Nationhood, it is informally referred to as Calexit in a nod to Great Britain's 2016 Brexit vote. Sponsors have until July 25, 2017, to collect the 585,407 valid signatures required to get their initiative placed on the 2018 ballot. A founder of the group Yes California, who is leading the effort, said, “California loses [by] being a part of America culturally and financially.” A November 2016 editorial in The Sacramento Bee, however, suggested that secession was not the answer. “More constructive would be a statewide effort to stand strong and defend our values and economy against what is sure to be an onslaught of hostile federal legislation.” No mechanism to secede exists in the U.S. Constitution, so it is unclear how California could actually secede. So far, no measures have been certified to appear on the 2018 ballot in California.
    • The measure would call on the state to hold a referendum on March 13, 2019, on whether California should declare independence from the United States. The question asked would be: "Should California become a free, sovereign, and independent country?" A declaration of independence would be issued if at least 50 percent of registered voters participate and 55 percent or more vote yes on the question. If the 2019 referendum is approved, the California governor would be required to apply California to the United Nations as the Republic of California.

Wyoming Senate Passes Bill Addressing Police Body Camera Footage

  • The Wyoming State Senate passed Senate File 32, a bill that establishes how footage from police body cameras is handled. The legislation drew support from the Wyoming Association of Sheriffs and Chiefs of Police, the Wyoming Press Association, and the American Civil Liberties Union. Spokespeople for all three groups cited their belief that the collaborative legislation was a step in a positive direction. SF 32 outlines who would be allowed to view the footage and under what circumstances it would be released. Police body cameras are a growing area of civil liberties debate. Generally, supporters of cameras argue that they increase police accountability and improve public trust, while critics cite potential privacy risks. SF 32 must be approved by the Wyoming House of Representatives and signed by Gov. Matt Mead (R) before becoming law. Wyoming is currently one of 25 Republican trifectas.

Marijuana Legalization in Maine

  • Maine Gov. Paul LePage (R) announced that he would not act on a bill sent to him by the legislature that would address the implementation of marijuana legalization, which was approved by voters in November under Question 1. Both chambers unanimously approved the legislation (LD 88), which was designed to give the state more time to implement rules for retail sale of marijuana, close a loophole in the initiative that may allow possession of the drug by residents under the age of 21, and address marijuana use in vehicles. The new law would delay retail sales until February 2018, but unless the governor signs it, those sales will begin in September 2017. LePage said he was refusing to act because legislators did not address concerns he had about which state department would control marijuana licensing and how implementation would be funded. House Speaker Sara Gideon (D) spoke out against LePage’s decision, saying, “I think every person in the state should be outraged.” The Maine State Legislature is under split control; Republicans have a majority in the Senate, while Democrats have a majority in the House.

Maine’s 2017 elections

  • SIGNATURE DEADLINE: The deadline passed for submitting signatures to qualify ballot initiatives for the election on November 7, 2017, in Maine. If an initiative petition is certified as sufficient, it is sent to the state legislature, where officials have the option to approve the measure or take no action. Taking no action would allow the initiative to appear on the ballot for a popular vote. This deadline applied to proponents of six initiatives that were filed and cleared for signature gathering. Signatures were turned in for two of the six. The signatures for one initiative were already verified, and the initiative was sent the legislature. The other is still awaiting signature verification. So far, one measure has been certified in Maine for a 2017 ballot. On June 13, 2017, voters will decide on a bond issue designed to issue $50 million in bonds for business loans and investment. It was referred to the ballot by the legislature.

Friday, January 27

  • The U.S. District Court for the Western District of Wisconsin ordered state lawmakers to draft and implement a new state legislative district map in advance of the November 2018 election. The court ordered that this plan be adopted by the legislature and signed into law by the governor by November 1, 2017. In November 2016, the court found that the existing map had been subject to an illegal partisan gerrymander. To learn more, see this article.

 

What’s On Tap Next Week

Monday, January 30

Resignation in the Nebraska Senate

  • The resignation of Nebraska State Sen. Bill Kintner will become official. Kintner announced his resignation on January 25, minutes before a scheduled debate over his expulsion from the legislature. His expulsion became a topic of conversation after the senator shared a tweet the night of January 22 that the Lincoln Journal Star described as “mocking Women's March participants and apparently making light of sexual assault.” The vacant seat will be filled by an appointment by Gov. Pete Ricketts (R). The appointed senator will serve until after the 2018 election. Although the chamber is officially nonpartisan, prior to Kintner’s departure, Republicans have a 32-15 majority. Nebraska is currently one of 25 Republican trifectas.

Tuesday, January 31

Iowa Special Election

  • A special election will take place in Iowa between Monica Hosch Kurth (D) and Mike Gonzales (R) for the District 89 seat in the Iowa House of Representatives. The seat is vacant following Jim Lykam's (D) election to the state Senate. A contested election for this seat last took place in 2012, when the incumbent Lykam defeated a Republican challenger 68-32. Lykam was unopposed during re-election bids in both 2014 and 2016. The winner of this race will serve a two-year term and would need to run for re-election in November 2018. Republicans currently have a 59-40 majority in the 100-member chamber, and Iowa is currently one of 25 Republican trifectas.

Alabama Special Election

  • A special primary election will take place in Alabama between four Democratic candidates for the District 67 seat in the Alabama House of Representatives. The seat is vacant following Darrio Melton's (D) election as the mayor of Selma on October 4, 2016. Although the general election is currently scheduled for April 18, if no candidate wins a majority in the primary, a primary runoff will be held on that date instead. In that instance, the general election would be moved back to June 27. No Republican candidate filed to run in the race, meaning that the Democratic nominee will face no major-party opposition in the general election. Republicans currently have a 72-31 majority in the chamber, and Alabama is currently one of 25 Republican trifectas.


Wednesday, February 1

Oregon Starts Its Session

  • The state legislative session will begin in Oregon. Oregon is currently one of six Democratic trifectas. The state’s 90 legislators—a number that represents 1.2 percent of the 7,383 state legislators across the country—will be back to work. All told, by this point, 84.9 percent of legislators will be in session and back at work for 2017.

 

State government in session

States-in-session-1-27-17.png

State government special elections

As of this week, three state legislative seats have been filled through special elections in 2017. Another 14 elections (not including runoffs) have been scheduled in eight 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:
January 31, 2017:

February 7, 2017:

February 14, 2017:

Local

The Week in Review

2017 elections

Monday, January 23

Filing Deadline for Colorado Springs

  • FILING DEADLINE: The filing deadline passed to run for six seats on the city council in Colorado Springs, Colorado. The general election will be held on April 4, 2017. The incumbents in District 2 and District 3 did not file for re-election. All six races are contested by two or more candidates. Colorado Springs is the second-largest city in Colorado and the 41st-largest city in the U.S. by population.

Tuesday, January 24

City Budget Proposed for NYC

  • New York City Mayor Bill de Blasio (D) proposed a city budget of $84.7 billion for the 2017-2018 fiscal year, which will begin on July 1, 2017. In his announcement, Mayor de Blasio stated, “This is a budget against a backdrop of a lot of uncertainty. [...] It's a budget that focuses on what we can do for ourselves while we wait to see the shape of things in Washington." He indicated that the budget proposal could be revised in the coming months in response to actions by the new federal government administration. The proposed budget is approximately a 3 percent increase from the $82.1 billion preliminary budget the mayor proposed in 2016 for the upcoming fiscal year, and it is more than 16 percent more than the $72.7 billion budget that Mayor de Blasio inherited from Mayor Michael Bloomberg (R) upon his swearing-in in 2014.
    • New York City Council Speaker Melissa Mark-Viverito (D) and city council finance committee Chair Julissa Ferreras-Copeland (D) both called for cost reduction in the budget. An independent organization in the city, the Citizens Budget Commission, responded to the budget proposal with a statement saying, "A substantial portion of the expenditure growth derives from challenges managing serious problems, notably an inability to stem the growth in homelessness and in the reliance on overtime among city agencies." New York City is the largest city in the U.S. by population.

Recall Elections in California

  • In California, two municipal recall elections were on the ballot:
    • Greenfield – As of this publication, votes are still being counted to determine whether Mayor John Huerta Jr. survived a recall election. As of January 27, votes to approve the recall were leading votes against the recall 573 to 323. Final results will be published after mailed ballots are counted by county election officials. If Huerta is recalled, the winner of a race between City Councilwoman Leah Santibanez and Jesus Garcia will succeed him as mayor. As of January 27, Garcia led with 409 votes to Santibanez’s 213 votes. The recall effort began due to allegations that Huerta interfered with a criminal investigation of Greenfield's medical marijuana industry. On September 27, 2016, the Greenfield City Council voted 3-2 to censure Huerta for his actions. Huerta told Monterey County Weekly that the recall effort was led by conservatives in the city who oppose marijuana businesses.
    • Paradise Irrigation District – Board members Larry Duncan and Sep Carola were recalled with 82 percent and 78 percent of the vote, respectively. Duncan was replaced by Anne Rice in District 3, and board President Carola was replaced by Marc Sulik in District 4. The recall effort began due to allegations against the board of poor money management and communication with constituents. In their responses to the recall petition, both Duncan and Carola wrote in support of a rate increase for the special district in order to prevent its fiscal issues from resulting in a state takeover and the possibility of its sale to a private company.

Filing Deadline for Tuscaloosa

  • FILING DEADLINE: The filing deadline passed to run in the general election for all eight seats on the Tuscaloosa City Schools school board—one of the largest school districts in Alabama, as measured by student enrollment. The general election will be held on March 7, 2017. Tuscaloosa City Schools is the state’s 16th-largest school district. It served 10,249 students during the 2014-2015 school year—approximately 1.4 percent of all public school students in the state.

Wednesday, January 25

NYC Mayor Interviewed During Fundraising Investigation

  • New York City Mayor Bill de Blasio (D) stated that he had been interviewed by prosecutors from the Manhattan district attorney’s office regarding a state investigation of fundraising practices by himself and his aides. He did not comment on what was discussed during the interview. The New York Times article on the subject indicated that the mayor is not believed to be a target of the state inquiry, which is investigating whether limits on individual campaign contributions to candidates were sidestepped via contributions to county party committees that spent on behalf of the candidates instead. A federal inquiry related to fundraising is also underway, although that is investigating whether contributions to the mayor’s campaign or a separate nonprofit resulted in the contributors receiving favors from city officials, including the mayor. Mayor de Blasio has denied all allegations of wrongdoing related to the inquiries.

Boston City Councilor Spars with Mayor Over Ethics Allegations

  • In Boston, Massachusetts, City Councilor Tito Jackson stated that Mayor Martin Walsh (D) should “speak plainly and come clean” regarding his attendance of two meetings with a concert promoter who alleged that he was extorted by city officials. In May and June 2016, two city department heads were indicted by federal prosecutors due to these allegations. The concert promoter alleged that Boston Calling was made to hire union stagehands in order to avoid inconvenient city permits or protests from the stagehands’ union. Mayor Walsh responded to City Councilor Jackson’s statements and said, “I’ve been very transparent here at City Hall. It’s political posturing. That’s all it is.” Jackson had previously announced his intention to challenge Walsh for the mayor’s office in the city’s upcoming election this fall. Walsh was first elected to the mayor’s office in 2013 after serving in the Massachusetts House of Representatives from 1997 to 2013. Jackson was first elected to the District 7 seat on the city council in 2011 and re-elected in 2015. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.

Search Warrant Issued for Group of Los Angeles Charter School Offices

  • Agents from the U.S. Attorney's Office in Los Angeles and other federal agencies served a warrant to search the offices of the Celerity Educational Group (CEG), which operates a group of charter schools in Los Angeles, California. The other federal agencies involved were the U.S. Department of Education, U.S. Department of Homeland Security, and the FBI. The search was part of an existing investigation into claims of fraud and improper fiscal management by CEG. A spokesperson for CEG responded to the search by stating, “Celerity has been informed of this investigation and looks forward to cooperatively addressing any concerns raised by the investigating agencies.”
    • CEG operates multiple schools in the Los Angeles area and was recently investigated by the Los Angeles Unified School District inspector general regarding similar allegations. In 2016, the district school board voted unanimously (with one member abstaining) not to renew the charters for two schools operated by CEG. Three of the seven seats on the Los Angeles school board will be up for primary election on March 7, 2017, and general election on May 16, 2017. The Los Angeles Unified School District is the state’s largest school district and the second-largest school district in the United States. It served 646,683 students during the 2014-2015 school year—approximately 10.3 percent of all public school students in the state.

Thursday, January 26

Filing Deadline in Glendale, California

  • FILING DEADLINE: The filing deadline passed to run in the general election for three of the five seats on the Glendale Unified School District school board—one of the largest school districts in California, as measured by student enrollment. The general election will be held on April 4, 2017. The Glendale Unified School District is the state’s 45th-largest school district. It served 26,168 students during the 2014-2015 school year—approximately 0.4 percent of all public school students in the state.

 

What’s On Tap Next Week

Monday, January 30

Recall Election in Massachusetts

  • In Shirley, Massachusetts, Town Selectmen Kendra Dumont and Robert Prescott will face a recall election. The recall effort began due to their support for an increased benefits package for Town Administrator Patrice Garvin. The recall affidavits alleged that Garvin’s contract requires public approval for compensation changes. Successive public votes at town meetings in 2015 rejected an increase. Dumont told local media that the recall effort is "a terrible waste of taxpayers money" and that the raise was part of a larger salary increase for town employees. Prescott argued that a recall should only be used to deal with illegal actions by officials.

Wednesday, February 1

Columbus Filing Deadlines

  • FILING DEADLINE - Columbus: Seats on the city council will be up for primary election on May 2, 2017, and general election on November 7, 2017. Columbus is the largest city in Ohio and the 15th-largest city in the U.S. by population.
  • FILING DEADLINE: The filing deadline will pass to run in the general election for three of the seven seats on the Columbus City Schools school board—one of the largest school districts in Ohio, as measured by student enrollment. The primary election will be held on May 2, 2017, and the general election will be held on November 7, 2017. Columbus City Schools is the state’s largest school district. It served 50,407 students during the 2014-2015 school year—approximately 2.9 percent of all public school students in the state.

Thursday, February 2

Filing Deadline in Henderson, Nevada

  • FILING DEADLINE: The filing deadline will pass to run for the mayor’s office and city council in Henderson, Nevada. The primary election will be held on April 4, 2017, and the general election will be held on June 13, 2017. Henderson is the second-largest city in Nevada and the 71st-largest city in the U.S. by population.

Friday, February 3

Las Vegas Filing Deadline

  • FILING DEADLINE: The filing deadline will pass to run for the Las Vegas City Council and both the mayor’s office and city council in North Las Vegas, Nevada. The primary election for both cities will be held on April 4, 2017, and the general election will be held on June 13, 2017. Las Vegas is the largest city in Nevada and the 30th-largest city in the U.S. by population, and North Las Vegas is the fourth-largest city in Nevada and the 96th-largest city in the U.S. by population.

 

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Fact Check

Fact Check by Ballotpedia

Federal fact checks

  • Does Betsy DeVos owe Ohio taxpayers $5 million? In a press release announcing his opposition to the confirmation of Betsy DeVos as secretary of education, Sen. Sherrod Brown (D-Ohio) claimed, “If Betsy DeVos wants to support education, she can start by paying the $5 million she owes Ohio taxpayers – that could support nearly 100 more teachers across our state.” Brown’s statement is incorrect in stating that DeVos owes $5 million to Ohio taxpayers. Brown is referring to unpaid fines levied against All Children Matter, a national political action committee, and its now defunct state affiliate, All Children Matter Ohio, for violations of state election law. DeVos was a director of All Children Matter when the fines were levied, but PAC officers are not personally liable for such fines under Ohio law.
  • Has Scott Pruitt opposed all laws providing minimal environmental protection? The Episcopal bishops of Massachusetts sent a letter to President Donald Trump expressing opposition to Scott Pruitt's nomination to head the EPA. They claimed that Pruitt "has consistently and adamantly opposed all laws and policies that provide even minimal ‘protection’ to the environment." Their claim is inaccurate. Pruitt has challenged federal environmental regulations, but he has also supported various environmental initiatives, including a state regulatory alternative to a federal haze reduction plan, revisions to strengthen the Toxic Substances Control Act, and an agreement between Oklahoma and Arkansas to limit phosphorous levels in the Illinois River.

State and local fact checks

  • Did recent bills limit North Carolina's gubernatorial powers? A Huffington Post article about changes in North Carolina's law said, "The Republican-controlled state legislature introduced bills on Wednesday evening designed to undercut the administrative abilities of the state’s governor, giving outgoing incumbent Gov. Pat McCrory (R) the power to sign away his successor’s authority. The bills drastically limit Cooper’s ability to make appointments to various state boards and departments." Drastically is a relative term, but House Bill 17 did add a requirement for state Senate confirmations for governor-appointed cabinet members, and it changed the number of exempt employees the governor could appoint from 1,500 to 425. By disbanding the State Ethics Commission and the State Board of Elections—and by creating the Bipartisan State Board of Elections and Ethics Enforcement—Senate Bill 4 reduced the number of appointments the governor could make from nine to four.

 

Read the latest fact checks.


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