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The Tap: The expected Clinton/Trump matchup draws national attention

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May 21, 2016Issue No. 17

The Tap Graphic-750x191px.png

The week in review: May 14 - May 20
What's on Tap next week: May 21 - May 27

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

The Democratic Party nomination closed its primaries and caucuses for the month of May. Hillary Clinton and Bernie Sanders head for the home-stretch in June with nine remaining races scheduled. As Sanders presses on with his campaign, much of the national attention has shifted to the expected general election matchup between Republican candidate Donald Trump and Clinton. But before the general election battle begins, nominees must first formally and officially secure their bid at each party’s respective conventions in July. Ballotpedia is offering a webinar to decipher the complicated event that will be the 2016 party conventions. The webinar will take place on Thursday, June 16, 2015 at 1:00 ET. Please visit this link to register. For more details about the webinar, click here.

 

Federal

The Week in Review

Saturday, May 14

  • The New York Times published an investigative report based on interviews with dozens of women who worked with Donald Trump in real estate, modeling, and pageant competitions over four decades. Some women said that he had supported their careers, while others suggested “unwelcome romantic advances, unending commentary on the female form, a shrewd reliance on ambitious women, and unsettling workplace conduct.”
    • Trump tweeted in response, “The failing @nytimes wrote yet another hit piece on me. All are impressed with how nicely I have treated women, they found nothing. A joke!” He accused the newspaper of refusing to use women who would say that Trump had helped them.

Monday, May 16

  • It was announced that Burlington College, a liberal arts school in Vermont, will close at the end of May because of what the school described as the “crushing weight” of the debt that was accumulated while Jane Sanders, Bernie Sanders’ wife, was president of the school. Sanders, who served as president from 2004-2011, wanted to attract more students by purchasing 33 acres of land to expand the college. According to CNN, documents “showed that the school applied for a $6.7 million loan in order to purchase the property from the Roman Catholic Diocese of Burlington. The school also borrowed $3.5 million from the Diocese itself.”
  • Bradley S. Schrager, general counsel to the Nevada Democratic Party, wrote a letter warning the Democratic National Committee that Sanders’ supporters could disrupt the Democratic National Convention in July given the contentious state convention over the weekend. "We write to alert you to what we perceive as the Sanders campaign's penchant for extra-parliamentary behavior — indeed, actual violence — in place of democratic conduct in a convention setting, and furthermore what we can only describe as their encouragement of, and complicity in, a very dangerous atmosphere that ended in chaos and physical threats to fellow Democrats,” Schrager wrote. Sanders spokesman Michael Briggs said that the campaign “had no role in encouraging the activity that the party is complaining about. We have a First Amendment and respect the rights of the people to make their voices heard."
  • The only sitting U.S. senator to endorse Sanders, Jeff Merkley (D-Ore.), said on Monday that Sanders would not launch an independent presidential bid if he does not win the Democratic nomination. He said, “You know, Bernie went into this and he said, 'There's no way I'll be Ralph Nader.' We're not going to split the party, we're not going to empower the Republicans. He understands the damage that Bush did to this nation, and is not going to allow Trump to follow on and do even more damage.”
  • The White House sent a letter to House Oversight Committee Chairman Jason Chaffetz (R-Utah) explaining that Deputy National Security Advisor Ben Rhodes would not testify during the committee’s “White House Narratives on the Iran Deal” hearing. The letter said that Rhodes’ presence at the hearing “threatens the independence and autonomy of the President, as well as his ability to receive candid advice and counsel.” Rhodes was asked to testify after he explained in a recent New York Times article how the Obama administration sold the Iran nuclear deal to the press by using journalists who he said “literally know nothing.” Rhodes explained that in order to pass the nuclear deal, he “created an echo chamber. They [reporters] were saying things that validated what we had given them to say.”

Tuesday, May 17

  • Hillary Clinton narrowly defeated Bernie Sanders in the Kentucky Democratic primary election on Tuesday. With 100 percent of precincts reporting, she led by half a percentage point (or about 1,900 votes). Clinton carried Jefferson County, home to Louisville, 57 to 40 percent and Fayette County, home to Lexington, 53 to 45 percent. Sanders, meanwhile, dominated in the more rural eastern and western parts of the state. More than 5 percent of the Democratic electorate in Kentucky cast uncommitted ballots. Clinton’s narrow win on Tuesday marked a sharp departure from her performance in the state eight years ago, when she bested Barack Obama there, 65 to 30 percent. Republicans held a caucus in Kentucky on March 5. Donald Trump won with 36 percent of the vote.
  • Tuesday’s presidential primary contests brought both Hillary Clinton and Donald Trump closer to securing the nominations of their respective parties. Clinton has a total of 2,295 delegates (1,774 pledged and 521 superdelegates). She needs only 88 more pledged delegates to clinch the nomination. Caucuses in the Virgin Islands and Puerto Rico on June 4-5 could bring her very close to this number, though Clinton likely won’t officially nail down the 2,383 number until the June 7 primaries. Trump is in a similar position. With 1,175 delegates, he needs just 62 more. He could see that number drop to the mid-to-low 20s after the Washington state primary on May 24 (see below) but, like Clinton, he will have to wait until the June 7 primaries to seal the deal.
  • According to a Federal Election Commission (FEC) report filed by Donald Trump, his income for 2015 exceeded $557 million. In a statement, Trump said, "The newly filed PFD shows a tremendous cash flow, and a revenue increase of approximately $190 million dollars (which does not include dividends, interest, capital gains, rents and royalties).”
  • Hillary Clinton’s personal financial disclosure form revealed that she “received more than $5 million in royalties from a 2014 memoir and raked in about $1.5 million from speeches she delivered a few months before she entered the presidential race,” according to the Los Angeles Times. She received $225,500 to speak at Watermark's Silicon Valley Conference for Women in February 2015 and $315,000 from eBay in March 2015. The report also showed that Bill Clinton has received about $2.4 million in paid speeches since April 2015. It is unclear how the Clinton’s decide which speaking fees go into their personal account and which are directed to the Clinton Foundation.
  • In an interview that focused less on policy and more on Donald Trump’s personal life and his feud with Fox News anchor Megyn Kelly, Trump and Kelly patched up their relationship after months of Trump complaining about a question that Kelly asked him during the first Republican debate. During the interview, Trump said, “I like our relationship right now.” He added, “I think that first debate meant something, because I felt very, very comfortable with the subject and I felt very comfortable with the people I was competing against.” He also told Kelly, “I will consider it to be a total and complete waste of time, energy and money [if I don’t win the election].”

Wednesday, May 18

  • The U.S. Department of Labor announced a new rule regarding overtime regulations under the Fair Labor Standards Act. The new rule, which will take effect December 1, 2016, raises the threshold eligibility for overtime pay to cover employees making up to $47,470 per year. This salary threshold will update automatically every three years. Through a press release, the White House projected that the new rule would make an additional 4.2 million Americans eligible for overtime pay and that the expansion will increase wages by $12 billion dollars over the next 10 years.
    • In a statement, Speaker Paul Ryan (R-Wis.) criticized the rule. He said, “This regulation hurts the very people it alleges to help. Who is hurt most? Students, nonprofit employees, and people starting a new career. By mandating overtime pay at a much higher salary threshold, many small businesses and nonprofits will be unable to afford skilled workers and be forced to eliminate salaried positions, complete with benefits, altogether. … President Obama is rushing through regulations — like the overtime rule — that will cause people to lose their livelihoods. We are committed to fighting this rule and the many others that would be an absolute disaster for our economy.”
  • Facebook CEO Mark Zuckerberg met with conservative leaders to discuss accusations that the social media network was suppressing conservative news in its trending topics feed. After the meeting, Zuckerberg wrote in a Facebook post, “I know many conservatives don't trust that our platform surfaces content without a political bias. I wanted to hear their concerns personally and have an open conversation about how we can build trust. I want to do everything I can to make sure our teams uphold the integrity of our products.”
  • A second insurer filed a lawsuit against the Obama administration over funds owed to it through the Affordable Care Act’s (ACA) risk corridor program. Highmark Inc. claims that it is still owed $220 million to offset its losses in 2014. The risk corridor program is a pool paid into by insurers that have greater than expected profits, with the money being redistributed to insurers suffering losses. Last year, the Centers for Medicare and Medicaid Services (CMS) announced it would only be paying out 12.6 percent of the requested funds to insurers. In February, Health Republic Insurance of Oregon also sued the administration for $5 billion for failing to make the risk corridor payments. Health Republic was one of several co-ops established under the ACA that closed after CMS’ announcement.
  • House Oversight Committee Chairman Jason Chaffetz (R-Utah) introduced H Res 737 - Condemning and censuring John A. Koskinen, the Commissioner of Internal Revenue. According to a press release, “The resolution offers Congressional condemnation and disapproval of Mr. Koskinen for a pattern of conduct inconsistent with the trust and confidence placed in him as an Officer of the United States. The resolution formally censures Mr. Koskinen and urges his resignation or removal. The resolution also requires Mr. Koskinen to forfeit all rights to his government pension and any other federal benefits for which he is eligible.” Chaffetz said, “I view censure as a precursor to impeachment as it allows the House the opportunity to formally condemn Mr. Koskinen.”

Thursday, May 19

  • The Daily Caller reported on Thursday that billionaire David Koch has pledged “tens of millions of dollars” to support Gary Johnson’s presidential campaign. While a representative for Koch denied the story, an unnamed Libertarian Party leader said, “In the event that a Johnson/[Bill] Weld ticket emerges from the convention, a pathway is in place for significant funding from Koch, [Steve] Wynn and other large donors.” Johnson told The Washington Post, "To my knowledge, it's not happening. That's not to say it isn't, but it would be a surprise to me. We tried to talk to Kochs during the last cycle, and we couldn't do it. There are a lot of people who are expressing interest, in a big way, to be a part of this, but I'm not naming names. I can say that I haven't reached out to the Kochs."
  • Incumbent Mark Takai (D) of Hawaii’s 1st Congressional District announced that he would not be seeking re-election in 2016. He dropped out of the race due to his pancreatic cancer, which has spread. Takai is the 41st House incumbent to announce that he is not seeking re-election. Hawaii’s 1st Congressional District is rated safely Democratic in the general election.

Friday, May 20

  • FILING DEADLINE: Washington congressional filing deadline
    • The U.S. Senate seat currently held by Patty Murray (D) will be up for re-election in 2016. Murray is seeking re-election in 2016. The seat is rated safely Democratic in the general election.
    • There are 10 U.S. House seats in Washington. Currently, six are held by Democrats and four are held by Republicans.
    • Democrat Jim McDermott (WA-7) is the only incumbent who has announced that he will not be seeking re-election in 2016.
    • There are no battlegrounds or races to watch in Washington in 2016. Each race is rated safe for the party that currently holds it.
    • Ballotpedia will feature updated candidate lists next week after the official list becomes available.
  • President Barack Obama signed the following into law:
    • HR 4238 - To amend the Department of Energy Organization Act and the Local Public Works Capital Development and Investment Act of 1976 to modernize terms relating to minorities;
    • HR 4336 - An act to amend title 38, United States Code, to provide for the inurnment in Arlington National Cemetery of the cremated remains of certain persons whose service has been determined to be active service;
    • HR 4923 - the American Manufacturing Competitiveness Act of 2016. The legislation “establishes a process for the submission and consideration of petitions for temporary duty suspensions and reductions;”
    • HR 4957 - To designate the Federal building located at 99 New York Avenue, N.E., in the District of Columbia as the "Ariel Rios Federal Building;”
    • S 1492 - A bill to direct the Administrator of General Services, on behalf of the Archivist of the United States, to convey certain Federal property located in the State of Alaska to the Municipality of Anchorage, Alaska;
    • S 1523 - A bill to amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other purposes;
    • S 2143 - A bill to provide for the authority for the successors and assigns of the Starr-Camargo Bridge Company to maintain and operate a toll bridge across the Rio Grande near Rio Grande City, Texas, and for other purposes.

Bills & Amendments

This week on Capitol Hill, lawmakers debated numerous amendments to appropriations bills and passed funding to combat the Zika virus. In addition, the Senate confirmed 360 individuals to various government positions, including the first openly gay secretary of the Army.

A full list of legislation can be viewed here: Congressional legislation, May 16, 2016 – May 20, 2016. Below are the legislative highlights of the week.

May 17, 2016

  • Key vote: The Senate passed S 2040 - the Justice Against Sponsors of Terrorism Act by voice vote. The legislation proposes allowing victims of terror attacks that occur in the United States to sue countries that support terrorism. Family members would also be allowed to bring lawsuits against state sponsors of terror. The legislation would specifically allow the victims of the 9/11 terror attacks to sue Saudi Arabia for sponsoring terrorism. President Barack Obama has threatened to veto the legislation.
  • Key vote: The House rejected HR 897 - the Zika Vector Control Act by a vote of 262-159. The legislation, previously known as the Reducing Regulatory Burdens Act of 2015, required a two-thirds majority for passage. The bill proposes amending the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act to prohibit the Environmental Protection Agency (EPA) from requiring a permit to spray pesticides into water. Republicans argued that the bill will protect people from being infected by the Zika virus. However, Democrats argued that the bill will do nothing to prevent the spread of Zika, and they said that the bill is another attempt by the GOP to rein in the EPA, according to The Hill.

May 18, 2016

May 19, 2016

 

Congress is IN session SCOTUS is IN session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Monday-Thursday. The Supreme Court will hold a non-argument session on Monday, May 23.

What’s On Tap Next Week

Monday, May 23

  • The U.S. Supreme Court will hold a non-argument session on Monday. The court is expected to issue orders in advance of the session and to announce opinions in decided cases during the session.

Tuesday, May 24

  • The Washington state Republican primary election will take place. Washington’s 44 delegates will be allocated on a proportional basis, though candidates must receive more than 20 percent of the vote in a congressional district in order to win any delegates from that district. The same rules apply to at-large delegates and the statewide vote. The implication of these rules is that Donald Trump possibly stands to win all of the state’s delegates (or at least all of the at-large delegates). Since Ted Cruz and John Kasich suspended their campaigns earlier in May, neither has garnered 20 percent of the vote in a primary election. Democrats held a caucus in Washington on March 26, in which Bernie Sanders beat Hillary Clinton, 73 to 27 percent.
  • Georgia will hold congressional primaries.

Thursday, May 26

  • FILING DEADLINE: Vermont congressional filing deadline

Friday, May 27

  • FILING DEADLINE: Wyoming congressional filing deadline
    • Wyoming’s At-Large Congressional District election is the only congressional election in Wyoming in 2016. Incumbent Cynthia Lummis (R) is not seeking re-election in 2016. Several Republicans have declared their candidacy, including Liz Cheney, the daughter of former Vice President Dick Cheney. The race is rated safely Republican in the general election.

 

Where was the president last week? Federal judiciary
President Barack Obama was in Washington, D.C., after giving the May 15 commencement speech at Rutgers University.  
  • 91 total federal judicial vacancies, including one Supreme Court vacancy
  • 66 pending nominations
  • 16 future vacancies

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

State and Local

What's on tap?

A Georgia House District 80 candidate, Meagan Hanson claims to be “the only conservative” in the Republican primary. To make her case, she says that one of her opponents voted for President Barack Obama in 2008 and didn’t support Mitt Romney in 2012, and the other voted as a Democrat for many years. We found that Hanson’s claims about her opponents’ voting histories are accurate but incomplete. Get the full story with our Fact check.

 

Highlights

State

  • Oklahoma Gov. Mary Fallin (R) vetoed legislation that would have banned most abortions in the state. Gov. Fallin called the legislation “vague” and vetoed it because it “would not withstand a criminal constitutional legal challenge.” Since Roe v. Wade and most recently in Planned Parenthood v. Casey, the U.S. Supreme Court has upheld a woman's right to an abortion. Sen. Nathan Dahm (R), the author of SB 1552, said that he was disappointed about the veto and hopes that the legislature will attempt a veto override before the end of the session on May 27. The bill would have amended the state’s description of “unprofessional conduct” by a doctor and added performing abortions to it. The bill would have made it a felony for a doctor to perform an abortion, unless it was necessary to save the life of the mother. The bill also called for a doctor to lose his or her medical license if they were found to have conducted one. The state Senate passed SB 1552 on Thursday with a vote of 33 to 12, while the state House passed the bill last month with a vote of 59 to 9. The Senate originally passed the bill in March, but since the House amended the bill, the state Senate had to accept the changes before it could move on to Gov. Mary Fallin (R).

Local

  • It was another busy Tuesday of elections at the local level across the country. The mayor’s office and two of the five seats on the Portland City Commission in Oregon were up for primary election. Oregon Treasurer Ted Wheeler (D) defeated 14 other candidates, including Multnomah County Commissioner Jules Kopel Bailey (D), in the race to replace outgoing Mayor Charlie Hales (D). Both Wheeler and Bailey raised significantly more money than their competitors as of the pre-primary reporting deadline on April 14, 2016, with Wheeler receiving $327,701 and Bailey receiving $111,033 in contributions. Since Wheeler and Position No. 1 Commissioner Amanda Fritz both received more than 50 percent of the vote in their races, they will not be required to run in the general election. Therefore, the Position No. 4 seat on the Portland City Commission will be the only one holding a general election betweenwith the top two vote recipients on November 8, 2016. Portland is the largest city in Oregon and the 28th-largest city in the United States by population.
    • In 2016, Ballotpedia is covering 43 municipal elections across America's 100 largest cities by population.
    • See a full list of the results from the local elections covered by Ballotpedia further below.
 

State

The Week in Review

Ballot measures update

Sunday, May 15

  • Lisa Hopkins was appointed by Governor Earl Ray Tomblin (D) to serve as the interim auditor of West Virginia. She is a longtime employee of the auditor’s office. Hopkins replaced Glen Gainer III (D), who resigned on May 14 to take a position in the private sector. Gainer had served as auditor since 1993. He replaced his father, Glen Gainer Jr., who had held the position from 1977 to 1983. Gainer Jr.’s cousin had also held the position from 1960-1972. There was speculation prior to the May 10 Democratic primary contest that Gov. Tomblin would select the winner to serve as interim auditor in order to give his party an incumbency advantage going into the hotly contested 2016 elections; Mary Ann Claytor, who spoke out against that possibility, won the nomination over party favorite and Tomblin cabinet member Jason Pizatella. Choosing Hopkins as interim auditor instead, Gov. Tomblin has left the 2016 election wide open. After decades of Democratic control, the Republican Party could win the race for auditor this election cycle. West Virginia currently has a divided government; however, if Republicans win the governor’s seat in November, they will gain trifecta control of the state.

Monday, May 16

  • Arizona Governor Doug Ducey (R) signed legislation to allow for greater free speech on college campuses in the state. The legislation prohibits Arizona’s public community colleges and universities from establishing free speech zones that limit where students can participate in expressive activities, such as advocating for a political cause or handing out religious literature. The new law applies only to outdoor common spaces, rather than inside campus buildings, and also allows individuals to bring suit if their rights have been violated and recover attorney and legal fees if the court finds in their favor. According to the Foundation for Individual Rights in Education, “one in six of America’s top colleges and universities” have established free speech zones.

Tuesday, May 17

  • Federal District Court Judge Charles Lovell struck down several provisions of Montana's campaign finance law, including individual and committee contribution limits to candidates for state office. Lovell wrote the following in his ruling: "Defendants have not proven that the campaign contribution limits ... further the important state interest of combating quid pro quo corruption or its appearance." In the aftermath of Lovell's ruling, there was some uncertainty as to whether any contribution limits could be enforced in Montana. Rick Hasen, an election law scholar at the University of California, Irvine, said, "Right now there are no individual contribution limits in Montana, and the judge invites the state to enact new limits the next time the legislature is in session." However, Montana Commissioner of Political Practices Jonathan Motl announced that contribution limits would revert to pre-1995 levels (the specific limits voided by Lovell's decision were enacted in 1995).
  • Connecticut Department of Motor Vehicles Commissioner Michael Bzdyra and Deputy Secretary of State James Spallone signed an agreement under which eligible citizens will be automatically registered to vote when they visit the DMV for a driver's license or state-issued identification card. DMV customers will be registered to vote unless they specifically choose to opt out. This replaces the previous system, in which customers were required to opt in to register. According to Bzdyra and Secretary of State Denise Merrill, this agreement accomplishes what a failed bill introduced into the legislature earlier in 2016 proposed. Connecticut is one of five states that have implemented automatic voter registration systems. It is the first state to implement such a system via an agreement rather than legislative action. According to Merrill, this agreement is expected to add 400,000 people to the voter rolls.

ELECTION NIGHT REVIEW

A Republican oncologist will face incumbent Kate Brown (D) for Oregon governor; Idaho Supreme Court candidates advance to November runoff.

  • Primary election: Oregon
    • State judiciary: Five Oregon state court seats were up for election on May 17. Three more will be elected in November because the incumbents are interim appointments. In all eight seats, the incumbents are unopposed. Two seats on the state supreme court and three on the state court of appeals were won by incumbent Justices Rives Kistler and Jack Landau and incumbent Judges Rebecca Duncan, Meagan Flynn, and Darleen Ortega. Oregon’s state court elections are nonpartisan.
    • State executives: Four offices are up for election, all of which are held by Democrats. Both the Democratic and Republican candidates for attorney general and treasurer were unopposed in their parties' primaries. Incumbent Governor Kate Brown (D) won the Democratic primary for governor by a decisive 75 percent margin, while physician Bud Pierce edged out three other competitors for the Republican nomination to challenge Brown in November. Commissioner of Labor and Industries Brad Avakian defeated state Sen. Richard Devlin and state Rep. Val Hoyle in what was a highly competitive Democratic primary for secretary of state. Former state Rep. Dennis Richardson secured the Republican nomination and will face Avakian in the general election. Oregon is one of seven Democratic trifectas; Democrats are likely to retain control of all four seats after the general election in November, though the secretary of state race may be particularly close.
    • State legislature: There are 15 state Senate seats and 60 state House seats up for election. Just six incumbents, two Democrats and four Republicans, faced primary competition. All six of those incumbents advanced past the primary. Both chambers are controlled by Democrats, and Oregon is one of seven states with a Democratic state government trifecta. The election in November will determine whether Democrats will have a supermajority, with three-fifths control of each chamber.

Wednesday, May 18

  • The Alaska State Legislature adjourned its extended regular session without passing the budget. The session was originally scheduled to adjourn on April 17, but legislators extended the session to address the state’s $4 billion deficit. Since lawmakers were unable to agree on a state budget and oil taxes, Gov. Bill Walker (I) has called for a special session to begin on May 23. Alaska is one of 20 states under divided government. Republicans control the Senate by eight seats and the House by seven seats. Governor Bill Walker is an independent.
  • The Michigan House of Representatives approved a bill to require all signatures for a citizen initiative to be collected within a 180-day window.
    • This would remove a provision allowing petitioners to prove that signatures older than 180 days are valid. Previously, signatures older than 180 days were assumed invalid but could be proved otherwise through a laborious and rarely used process. Senate Bill 776, if signed by Governor Rick Snyder (R), would take effect immediately and apply to initiatives currently being circulated, including a marijuana legalization proposal and an anti-fracking initiative.
    • Most Republicans (who maintain trifecta control of the state government) voted for SB 776, which would not dramatically change the difficulty from the status quo but eliminated the possibility of the process being made easier in the future. Democrats voted to keep the process for validating signatures older than 180 days in place, which would have left open the possibility of the Board of Canvassers voting to make the citizen initiative process easier through the use electronic voter registration records to verify signatures. In the Senate, all Republicans voted “yes” on the bill and all Democrats voted “no.” In the House, all but six Republicans voted “yes” and all Democrats voted “no.”
    • MI Legalize, the group behind the marijuana legalization proposal, urged Gov. Snyder to veto SB 776. Jeffrey Hank, chair of MI Legalize, stated that this bill “changing the rules in the middle of a campaign” could be susceptible to a legal challenge.
  • Former Indiana Lieutenant Governor Sue Ellspermann was unanimously voted in as the next president of Ivy Tech, Indiana’s statewide community college system. Ellspermann left the administration of Gov. Mike Pence in February to seek the job and will begin July 1. Ellspermann previously worked in higher education as the founding director of the University of Southern Indiana’s Center for Applied Research and Economic Development.
  • A Kentucky judge ruled against Attorney General Andy Beshear (D) in his civil suit against Governor Matt Bevin (R) over an executive order issued by Bevin that cut funding to state colleges and universities by $41 million. Beshear filed the suit in April 2016, claiming that Bevin's order violated the state constitution's distribution of powers article. Franklin County Circuit Judge Thomas Wingate wrote in his decision that the constitution did not prevent Bevin from instructing colleges to spend less money, as he did in the executive order, but rather prevented him from altering the funding they receive. Beshear, son of former Governor Steve Beshear (D) with whom Bevin is also feuding, stated that he plans to appeal the ruling and also hinted at more lawsuits to come over Bevin's cuts for other state agencies.

Thursday, May 19

  • Colorado Commissioner of Education Rich Crandall resigned effective immediately after serving only four months in office. Crandall assumed office on January 19, 2016, and replaced interim officeholder Elliott Asp, who was appointed to serve following former Commissioner Robert Hammond's April 2015 retirement. “The realities of my large family being out of state, including school age children, as well as the demands of the position...lead me to this decision,” Crandall said. Crandall's departure comes amid several other senior staff changes within the department, and at a stressful time for public education following President Obama's Every Student Succeeds Act of 2015, which shifts considerable power to develop educational standards from federal to state government. “Who they [the Board of Education] place in the interim position will be incredibly important,” commented president of the Colorado Education Association Kerrie Dallman. The board appointed Katy Anthes, previously the department’s chief of staff, as interim commissioner the following day.

Friday, May 20

  • Filing deadline: Washington
    • State legislature: Washington has 26 state Senate and 98 state House seats up for election in 2016. Republicans have a one-seat majority in the Senate, while Democrats have a two-seat majority in the House. Both chambers have been noted by Ballotpedia as being in the top 20 partisan battlegrounds this year. President Obama carried Washington by 17 points in 2008 and 14 points in 2012. Almost all legislative districts that narrowly went for Obama or Romney are currently held by Republican legislators.
    • State executives: Nine offices are up for election, including governor, lieutenant governor, attorney general, and secretary of state. Six of the nine seats are held by Democrats, two are nonpartisan, and one seat—for the secretary of state—is held by a Republican. Washington currently has a divided government.
  • Chairwoman of the Oregon Public Utilities Commission Susan Ackerman left office as scheduled after announcing her resignation in March 2016. The announcement came amid speculation of a rift between Ackerman and Governor Kate Brown (D) over the Clean Electricity and Coal Transition Bill. Brown was heavily involved in the passage of the bill, which provides for the complete elimination of coal-burning power plants in the state by 2035. Ackerman stated in a February 22 legislative hearing that the provisions of the bill "are not the ones the Commission would have preferred," but denied any connection between the legislation and her resignation. Brown has yet to appoint a successor, nor has she named who will become the new chair of the commission.

 

What’s On Tap Next Week

Monday, May 23

Tuesday, May 24

ELECTION NIGHT PREVIEW

Three seats on Georgia’s state courts will be decided in a general election; Texas voters will vote in runoff primary contests.

  • Primary election: Georgia
    • State executives: One seat on the Public Service Commission is up for election in 2016. Incumbent Tim Echols (R) is seeking to defend his seat against Republican challengers Michelle Miller and Kellie Austin. No Democrats filed for this race; the winner of the Republican primary will therefore be the presumptive winner of the general election unless a third-party or independent candidate files by July 1.
    • State judiciary: Three seats on Georgia’s state-level courts, one on the state supreme court, and two on the state court of appeals are up for general election. Georgia does not hold primaries for its nonpartisan judicial races. In contested races, if no candidate receives 50 percent of the vote, a runoff election is held, but in this case, all three incumbent judges are running unopposed.
    • State legislature: There are 56 state Senate seats and 180 state House seats up for election. Forty-nine incumbents—18 Democrats and 31 Republicans—are facing primary competition. Both chambers are controlled by Republicans, and Georgia is one of 23 states with a GOP state government trifecta.

Wednesday, May 25

Thursday, May 26

Friday, May 27

 

State government in session

Fifteen states are in regular session; Arkansas, California, and West Virginia are in special session.

  • CA, DE, IL, LA, MA, MI, MN, NC, NJ, NY, OH, OK, PA, RI, SC.

One state is in recess:

  • NH until 6/1/2016

Adjourned regular sessions:

  • AK, AL, AR, AZ, CO, CT, FL, GA, HI, IA, ID, IN, KS, KY, MD, ME, MO, MS, NE, NM, OR, SD, TN, UT, VA, VT, WA, WI, WV, WY.

States with no regular 2016 sessions:

  • MT, ND, NV, TX.

All states whose initials appear in red or blue in the above list have unified Republican or Democratic Party control across the state house, the state senate, and the office of the governor. Ballotpedia identifies these as “trifectas.” There are seven Democratic and 23 Republican trifectas.

State government special elections

As of this week, 39 seats have been filled through legislative special elections in 2016. Seven involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), and three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9). Another seven (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Last week

May 14

May 17

Local

The Week in Review

Saturday, May 14

  • In Texas, the race for the Place 7 seat on the Harlingen Consolidated Independent School District school board ended in a tie after the provisional ballots were counted. Although the general election was held on May 7, 2016, the ballots were not completely accounted for until a week had passed. Both candidates, Eladio Jaimez and Rosalinda Mercado-Garza, received 1,422 votes each in their bids to replace outgoing incumbent Verna Young, who held the seat for 15 years. The school board met on May 19, 2016, to vote on when to hold a second election between the two candidates.
    • Section 2.002 of the Texas Election Code states that in the event of a tied vote, "the tying candidates may agree to cast lots to resolve the tie." Accordingly, the candidates were given the option of tossing a coin to determine the winner. Both Jaimez and Mercado-Garza declined this option, which triggered a recount that confirmed the tie. The district's chief financial officer reported that the recount cost the district $2,000 and estimated that the special election will cost another $30,000.

Monday, May 16

  • In Maryland, the Baltimore City Council was unsuccessful in its vote to override Mayor Stephanie Rawlings-Blake’s (D) vetoes of city charter amendments to reduce the power of the mayor’s office. If the vetoes had been successfully overridden, the mayor would have lost control of the city’s spending panel and the city council would have gained the power to spend more than the mayor’s budget proposed. The final stage of approval necessary for the charter amendments to be enacted would have been a public vote on November 8, 2016. Although the city council originally passed those measures by votes of 12-1 and 14-1, the attempts to override the mayor’s vetoes failed by votes of 8-5 and 9-5. Twelve votes are required to overturn a mayoral veto in Baltimore. Council President Bernard Young voted in favor of the measures and the veto overrides, and he expressed frustration following the failures of the latter. He stated, "I think we failed the citizens tonight."

Tuesday, May 17

  • Thirteen of the 26 seats on the Louisville Metro Council in Kentucky were up for primary election. Only six of the 13 seats were on the partisan primary ballot, since those races featured more than one candidate from the same political party competing for the same council seat. District 2, District 4, District 6, and District 8 all held Democratic primary elections, while District 14 and District 16 both held Republican primary elections. The winners of the Democratic primaries automatically won their seats in the general election on November 8, 2016, since no Republican candidates filed. The Republican primary winners in both District 14 and District 16, Shane Ranschaert and Scott W. Reed, will each face a Democratic opponent in November. Seven incumbents—four Democrats and three Republicans—filed for re-election and will run unopposed in the general election. Louisville is the largest city in Kentucky and the 27th-largest city in the United States by population.
  • Twelve of the 15 seats on the Lexington City Council in Kentucky were scheduled to be up for primary election, but the election was canceled. In nine of the 12 district races, incumbents are running unopposed for re-election. In District 2, District 4, and District 12, incumbents only face a single challenger each for their re-election bids. Since none of the seats feature more than two candidates, the primary election was canceled. The general election will be held on November 8, 2016. Lexington is the second-largest city in Kentucky and the 62nd-largest city in the United States by population.
  • In New York, 31 school board seats across 12 of the state’s largest school districts were up for general election. This was the second school board election date in the state this year, following the Buffalo Public Schools election on May 3, 2016. The 12 school districts served a combined total of 137,655 students during the 2013-2014 school year. The school board elections occurred at the same time as the public vote on each district’s annual budget.
  • Kentucky held primary elections for three local judgeships across the state. Two family court elections, one in the 30th Circuit and the other in the 41st Circuit, each featured three competing candidates. A district court election in the 43rd Circuit had six candidates in the primary election. The 30th Circuit family court election was the only one without an incumbent running for re-election. The general election for those three judgeships as well as an additional three judgeships will be on November 8, 2016. Kentucky family court judges are elected to eight-year terms, and district court judges are elected to four-year terms.
  • Oregon held primary elections for 57 circuit court judgeships across the state. In 71 percent of the races, the sitting judge ran unopposed for re-election. Only five seats did not feature an incumbent in the race. Although it is called a primary, this was functionally a general election. A candidate who received more than 50 percent of the votes cast in his or her race won the position outright. Any election without a primary winner advanced to a runoff election, called the general election, on November 8, 2016. Runoffs were only possible for three of the seats up for election in 2016. Oregon circuit court judges are elected to six-year terms.
  • In Klamath County, Oregon, voters rejected a local ballot measure to overturn the county's existing ban of marijuana production and sales. The Klamath County Board of Commissioners voted unanimously on September 22, 2015, to institute the county's ban. Since 56 percent of county voters had rejected Measure 91—the statewide marijuana legalization measure—in 2014, this was permissible by state law. The ballot measure’s advocates attempted to recall Tom Mallams, the chair of the county board of commissioners, in September 2015, but the recall effort was unsuccessful and did not get on the ballot.
    • In 2016, Ballotpedia is covering all local ballot measures in California and notable measures across the United States.
  • In Idaho, West Ada School District Board of Trustees members Tina Dean, Carol Sayles, and Russell Joki lost their recall election. A fourth trustee, Julie Madsen, was also targeted for recall but immediately resigned. Although Joki had also resigned from the board, he did so after ballots had been printed and sent to absentee voters. The recall effort began after the school board voted 4-1 to void a contract extension for Superintendent Linda Clark on September 29, 2015. Clark later resigned from the board on October 23, 2015. A former West Ada superintendent, Christine Donnell, and a former district board member, Reid Olsen, both supported the recall effort. Donnell publicly criticized the board for its lack of transparency and fiscal responsibility and claimed that board members had micromanaged the district. Idaho Gov. Butch Otter (R) also supported the recall effort. The Idaho-Press Tribune’s editorial board came out against the recall and called it “misguided.” Supporters of the board majority launched an effort to recall Zone 2 Trustee Mike Vuittonet, who advocated for the recall of the other board members, but they were unsuccessful. Before her resignation, Madsen criticized the recall effort and stated that the targeted board members had been wrongly “vilified” for voiding a contract that violated state law.
    • In 2015, Ballotpedia covered 180 recall efforts organized against 275 officials. Of the 61 officials whose recalls made it to the ballot, 40 were ousted and 21 were retained.
  • In Massachusetts, Barre Town Selectman Richard Jankauskas lost his recall election with more than 67 percent of voters supporting the recall. The recall effort began due to the Barre Board of Selectmen's vote not to renew contracts for the town's fire chief and police chief. The affidavit included with the recall petition accused Jankauskas of "undermining public safety and trust, deliberately disrupting the activities and morale of town departments and failing to carry out the duties he was sworn to uphold as selectman for which position he was duly elected." Jankauskas, who served as chair of the board, refused to resign in response to the recall and stated, “I have tried to do what is in the best interests of the town.”

Wednesday, May 18

  • Chicago Mayor Rahm Emanuel (D) proposed a new city ordinance to ban “public accommodations” such as hotels, supermarkets, and other similar businesses from requiring customers to prove their gender via government ID before using their desired bathroom. The proposed ordinance includes no enforcement mechanisms, and the Chicago Tribune stated that no businesses in the city were known to have such requirements in place at the time of the proposal. Mayor Emanuel won re-election to a second four-year term in 2015 with more than 56 percent of the vote. Chicago is the largest city in Illinois and the third-largest city in the United States by population.

 

What’s On Tap Next Week

Monday, May 23

  • FILING DEADLINE: Deadline to run for 91 school board seats across Florida’s 38 largest school districts. The general election for these districts will be on August 30, 2016. The state’s largest school district, Miami-Dade County Public Schools, has five of its nine seats up for election this year and served 356,233 students during the 2013-2014 school year.

Tuesday, May 24

  • In Georgia, 127 school board seats across 37 of the state’s largest school districts will be up for either primary or general election. Out of those districts, 17 are holding partisan primary elections and the other 20 are holding nonpartisan general elections. Gwinnett County Public Schools is the largest district to be holding elections, and it will hold a partisan primary for three of the five seats on its school board. The 37 school districts served a combined total of 1,159,660 students during the 2013-2014 school year.
  • Georgia will hold primary or general elections for 178 local judgeships across the state. Out of those court seats, 146 judgeships will be up for nonpartisan general election and 32 judgeships will be up for partisan primary election. In 85.7 percent of Georgia’s local judicial races in 2016, the sitting judge is running for re-election. Just 29.4 percent of the 2016 races feature more than a single candidate. In the contested races, if no candidate receives more than 50 percent of the vote, a runoff primary or general election will be held between the top two vote recipients on July 26, 2016. The general election for the partisan judgeships will be held on November 8, 2016.
  • Texas will hold primary runoff elections for 11 district court judgeships and nine county court judgeships across the state. The primary election was held on March 1, 2016. Out of the 20 races, only three feature incumbents competing for their party’s nomination. A pair of Democratic district court judges are facing challengers, and one Republican county court judge has an opponent in the primary runoff. A total of 259 district court judgeships and 36 county court judgeships will be up for general election on November 8, 2016. Only 136 of the 295 local judgeships up for election drew more than a single candidate prior to the primary. Texas district court and county court judges are both elected to four-year terms.
  • In Georgia, Meigs Mayor Linda Eason-Harris is facing a recall election. The recall effort began due to allegations of theft and violations of her oath of office. The "Taking a Stand" committee behind the recall effort, led by local business owner Lori White, criticized the mayor for her arrests on stalking, threatening, and theft of public fund charges. The committee also noted her indictments by a grand jury on charges of theft and violating an oath of public office. These indictments were related to two incidents when the mayor allegedly used public funds for personal uses. Recall advocates also raised the issue of five lawsuits by former city employees who allege that she created a hostile work environment. Mayor Eason-Harris did not issue a formal response to the application for a recall petition. In an interview with The Moultrie Observer, she said, "I'm gonna let it run its course. I don't think they'll get enough signatures to recall me."
    • Click here for more Georgia recalls and here for more historical mayoral recalls.

 

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