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The Tap: Tillerson for secretary of state

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December 17, 2016Issue No. 46

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The week in review: December 10 - December 16
What's on Tap next week: December 17 - December 23

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Last Tuesday, Donald Trump officially announced ExxonMobil CEO Rex Tillerson as his nominee to be the next secretary of state. Much of the early conversation on Tillerson focused on his ties to Russia. As an executive with ExxonMobil, Tillerson was president of Exxon Neftegas Limited, the portion of the company that runs Exxon’s operations in eastern Russia’s Sakhalin Island. In 2012, he was awarded Russia’s Order of Friendship, one of the highest honors the country bestows upon non-citizens. Speaking with Chris Wallace on Fox News Sunday, Trump described what he sees as Tillerson’s strongest attributes, saying, “And to me, a great advantage is he knows many of the players. And he knows them well. He does massive deals in Russia. He does massive deals for the company, not for himself, but the company.”

Here are some of Tillerson’s comments on international issues not directly related to Russia:

    • International trade: In a 2012 interview, Tillerson discussed the American security interests around the globe from his perspective as an oil executive. He said that eliminating oil trade between the U.S. and the Middle East “may redefine the priorities of the relationship, but does it fundamentally change the relationship and our interest in the region and our interest in that -- those peoples and their issues?”
    • The oil trade: In a 2009 speech, he called for an expansion of free trade: “The need for international cooperation provides another opportunity for government to exercise a unique and positive role – by fostering free trade. We know from history that innovation and economic progress depend on the free flow of goods, services, capital and expertise across borders. By enabling advanced economies and innovative companies to create partnerships, work across borders, and train local populations, government can support the most efficient use of resources and human capital. And as we confront our current economic challenges, Congress must resist the urge to turn its back on these proven policies. The United States cannot afford to raise barriers to trade.”
    • Carbon tax: In the same 2009 speech, Tillerson advocated for a global carbon tax, a proposal at odds with the 2016 Republican Party platform. He said, “Finally, there is another potential advantage to the direct-tax, market-cost approach. A carbon tax may be better suited for setting a uniform standard to hold all nations accountable. This last point is important. Given the global nature of the challenge, and the fact that the economic growth in developing economies will account for a significant portion of future greenhouse-gas emission increases, policy options must encourage and support global engagement.”
    • Climate change: In 2007, he began working to reduce ExxonMobil’s carbon emissions. In a speech, he said, “While there are a range of possible outcomes, the risk posed by rising greenhouse gas emissions could prove to be significant. So it has been ExxonMobil's view for some time that it is prudent to take action while accommodating the uncertainties that remain.”
 

Federal

The Week in Review

Saturday, December 10

The Results Are In

Additional Forces

  • Defense Secretary Ash Carter announced that the U.S. will deploy approximately 200 additional forces—including special operations forces, trainers, advisors, and explosive ordnance disposal teams—to fight the Islamic State in Syria. Carter said, “These uniquely skilled operators will join the 300 U.S. special operations forces already in Syria, to continue organizing, training, equipping and otherwise enabling capable, motivated, local forces to take the fight to ISIL, and also bringing down to bear the full weight of U.S. forces around the theater of operations like the funnel of a giant tornado. This latest commitment of additional forces within Syria is another important step in enabling our partners to deal ISIL a lasting defeat.”

Sunday, December 11

Taiwan, Trump, and One China

  • Donald Trump questioned whether the United States' "one China" policy—the acknowledgement of formal diplomatic relations with mainland China and not Taiwan—should continue during an interview on Fox News. He said, "I fully understand the 'one China' policy, but I don't know why we have to be bound by a 'one China' policy unless we make a deal with China having to do with other things, including trade." Trump’s comments came a week after he spoke with the president of Taiwan by phone, which was the first known contact between a U.S. president or president-elect and the Taiwanese head of state since 1979.

Interference or Excuses

  • Trump also challenged a report from The Washington Post that said Russia had interfered with the presidential election to Trump's benefit, according to CIA sources. "It's just another excuse. I don't believe it. … Every week it's another excuse. We had a massive landslide victory, as you know, in the Electoral College," he said. "Nobody really knows, and hacking is very interesting. Once they hack, if you don't catch them in the act you're not going to catch them. They have no idea if it's Russia or China or somebody. It could be somebody sitting in a bed some place.” Campaign manager Kellyanne Conway elaborated that Trump "thinks people are trying to relitigate the election." She noted, however, that he "would not interfere in the legislative branch" if there were to be a congressional investigation of the matter.

Monday, December 12

  • The U.S. Supreme Court issued a unanimous opinion on Monday in Shaw v. United States. In an opinion by Justice Stephen Breyer, the court vacated and remanded the judgment of the Ninth Circuit Court of Appeals. The court held that a scheme to deprive a bank of money in a customer’s bank account constituted a scheme to deprive a bank of “something of value” within the statutory meaning of the federal bank fraud statute. The court, however, vacated and remanded Shaw’s conviction to determine if the instructions presented to the jury at Shaw’s trial were lawful and, if not, whether any error was harmless. Shaw was the fifth opinion handed down in an argued case this term and the judgments in each of these cases have been unanimously decided.


Tuesday, December 13

Speeches and Comments on Aleppo

  • In recent days, Syrian President Bashar al-Assad has reportedly ordered repeated bombings on Aleppo and mass killings of civilians in an effort to retake the city from rebel forces. United States Ambassador to the United Nations Samantha Power attacked Assad and his allies—Russia and Iran—for what the UN called “a complete meltdown of humanity” during a speech at a UN Security Council Emergency Briefing on Syria. Power said, “The Assad regime and Russia appear dead set on seizing every last square inch of Aleppo by force, no matter how many innocent bodies pile up in their wake. … Aleppo will join the ranks of those events in world history that define modern evil, that stain our conscience decades later. Halabja, Rwanda, Srebrenica, and, now, Aleppo. To the Assad regime, Russia, and Iran, your forces and proxies are carrying out these crimes. Your barrel bombs and mortars and airstrikes have allowed the militia in Aleppo to encircle tens of thousands of civilians in your ever-tightening noose. It is your noose. Three Member States of the UN contributing to a noose around civilians. It should shame you. Instead, by all appearances, it is emboldening you. You are plotting your next assault. Are you truly incapable of shame? Is there literally nothing that can shame you? Is there no act of barbarism against civilians, no execution of a child that gets under your skin, that just creeps you out a little bit? Is there nothing you will not lie about or justify?”
    • Republican Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.) also issued a statement criticizing the Obama administration for not acting to prevent the killings of more than 500,000 people in Syria. They said, “For four long years, Aleppo has been at the center of the Assad regime’s war on the Syrian people. Together with its Russian and Iranian allies, the Assad regime has relentlessly targeted women and children, doctors and rescue workers, hospitals and bakeries, aid warehouses and humanitarian convoys. It is heartbreaking that we have reached this point—a Syrian conflict that has killed more than 500,000 people, created the worst refugee crisis in Europe since World War II, spawned ISIL’s terrorist army, and forged an unholy alliance between a Syrian dictator, a Russian autocrat, and an Iranian theocrat. It did not have to be this way. But this is the inevitable result of hollow words and inaction, red lines crossed without consequences, tarnished moral influence, ‘leading from behind,’ and a total lack of American leadership.”
  • Defense Secretary Ash Carter told U.S. airmen that a precision airstrike carried out on December 4, 2016, killed three key leaders of the Islamic State—two of whom were responsible for the November 13, 2015, terrorist attacks in Paris. Carter said, “I can confirm today that we took out three of ISIL's key leaders in the last couple of weeks [in] one strike. These were guys who were linked to plots right here in Europe, and I can’t share all the details with you, but, for example, with the [2015] Paris attacks.” Pentagon Press Secretary Peter Cook added, “Two of those targeted -- Salah Gourmat, and Sammy Djedou -- were involved in facilitating the Nov. 13, 2015, terrorist attacks in Paris. … All three were part of a network led by Boubaker al-Hakim, killed in another coalition airstrike on November 16. The three were working together to plot and facilitate attacks against Western targets at the time of the strike.”

You’re Hired

  • Stephen Miller, a Trump policy aide during the presidential campaign, was named a senior policy advisor for the incoming Trump administration. U.S. Senator (and nominee for attorney general) Jeff Sessions is Miller’s former employer; of Miller, Sessions said, “He has understood the Trump Movement from the beginning and has a unique understanding of the very real and honest concerns of the American people.”
    • See all of Trump’s staff appointments so far here.

The EPA on Fracking & Drinking Water

  • The Environmental Protection Agency released a final report requested by Congress in 2010 on the impact of hydraulic fracturing (fracking) on drinking water resources. An earlier draft version of the report, released in June 2015, concluded that fracking had not created any widespread or systemic impact on drinking water. The final EPA report stated that, in its view, there was some "scientific evidence that hydraulic fracturing activities can impact drinking water resources in the United States under some circumstances." The report specifically claimed that in certain circumstances poorly constructed drilling wells and incorrect wastewater management affected drinking water resources, particularly near drilling sites. The EPA acknowledged that its findings were limited in scope, reporting that "uncertainties and data gaps limited the EPA's ability to fully assess impacts to drinking water resources both locally and nationally." Environmental groups that oppose fracking, such as the Sierra Club and Food & Water Watch, largely supported the report's findings. Some energy groups that support fracking, such as Energy in Depth, argued that the report shows that fracking does not contaminate groundwater, while other energy groups, such as the American Petroleum Institute, argued that the EPA ignored data showing that fracking does not produce widespread or systemic impacts on drinking water.

Wednesday, December 14

You’re Hired

  • Donald Trump nominated former Texas Gov. Rick Perry (R) for secretary of energy. Perry has a long history in Texas politics, and energy issues have been an important part of his political identity. He served as governor from 2000 to 2015—the longest tenure in state history. Before that, he was the lieutenant governor from 1998 to 2000 under then-Gov. George W. Bush (R). From 1990 to 1998, he was the Texas agriculture commissioner, and from 1984 to 1990, he held a seat in the Texas House of Representatives. Perry sought the Republican nomination for president in 2012 and 2016. Throughout much of the 2016 Republican primary, he was critical of Trump, once calling his candidacy “a cancer on conservatism.” But in May 2016, Perry endorsed him. As the governor of Texas, Perry was in charge of the top energy-producing state in the country, and during his tenure, oil and gas production in Texas increased 260 percent and 50 percent, respectively. He has been a vocal critic of energy policy under the Obama administration and said he would eliminate the Energy Department in a 2012 Republican debate.
    • If confirmed by the Senate, Perry will oversee a roughly $30 billion budget and help shape policy related to the production, consumption, research, and security of U.S. energy resources. This includes the country’s nuclear energy resources and weapons arsenal, which consumes more than half of the department’s budget. In our daily newsletter on the Trump administration transition—which you should sign up for—we highlighted where Perry stands on several key energy issues, including nuclear waste disposal, clean energy, and coal, just to name a few. Read more here.
  • Trump added three new names to his Strategic and Policy Forum, an advisory board he announced earlier in the month that will be focused on economic growth and job creation. Tesla and SpaceX CEO Elon Musk, Uber CEO Travis Kalanick, and PepsiCo chairman and CEO Indra Nooyi will be joining the board when it is scheduled to meet for the first time at the White House in early February 2017. We wrote more about Trump’s selection of Musk in our daily newsletter on the Trump White House transition. Read it here.
    • The forum, according to a press release, is “designed to provide direct input to the President from many of the best and brightest in the business world in a frank, non-bureaucratic, and non-partisan manner.” Leading the forum is Steve Schwarzman, the CEO of the private-equity firm Blackstone. Other members include JP Morgan CEO Jamie Dimon, Boeing CEO Jim McNerney, Wal-Mart CEO Doug McMillon, and former GE chairman Jack Welch. See a full membership list here.
    • Forming advisory boards like Trump’s Strategic and Policy Forum is typical of presidents early in their tenures (or, in this case, a little bit before), and it’s normal for the members of these boards to be from outside the Beltway. President Obama, for example, formed the Economic Recovery Advisory Board just a couple of weeks after taking office. Obama established that board, he said, to “enlist voices from beyond the echo chamber” of D.C. It included individuals such as General Electric’s Jeffrey Immelt, Charles Phillips from Oracle Corp., Jim Owens from Caterpillar Inc., and TIAA-CREF’s Roger Ferguson.
  • With Reince Priebus headed to the West Wing as Trump’s chief of staff, his position as chair of the Republican National Committee will be up for grabs. This is a big job, and the individual who ends up getting it will be responsible for shaping the GOP’s official messaging and strategy at least through the 2018 midterm elections. (RNC chairs are re-elected every two years.) Ordinarily, the election of a chair is strictly an internal process, decided upon by the 168 members of the RNC. But, when the party is in control of the White House, the president’s preference often carries the vote.
    • So who is Trump backing to succeed Priebus? Ronna Romney McDaniel. She’s the chair of the Michigan Republican Party—a state that was crucial to Trump’s victory last month—and is the niece of the 2012 Republican nominee, Mitt Romney. Unlike her uncle, McDaniel was a staunch supporter of Trump throughout the 2016 campaign and cultivated a close relationship with the president-elect. In an official statement, Trump said of McDaniel, “Ronna has been extremely loyal to our movement and her efforts were critical to our tremendous victory in Michigan, and I know she will bring the same passion to the Republican National Committee.”
    • Priebus is said to have lobbied on McDaniel’s behalf. Several other potential successors were reportedly in the mix, including Georgia GOP operative Nick Ayers and Trump’s deputy campaign manager, David Bossie. Politico reports that Trump’s chief strategist, Steve Bannon, lobbied for Ayers. He made a statement on Wednesday in support of Trump’s selection of McDaniel. The official election of the new RNC chair will take place in January.
  • The Department of Health and Human Services issued a final rule prohibiting states from withholding Title X federal family planning funds from organizations that provide family planning and related preventive services, even if that organization performs abortions. According to NPR, the rule says that “states that award federally funded grants for women's health programs can't discriminate against Planned Parenthood. The regulation doesn't name Planned Parenthood, but it was clear the rule was written with the organization in mind. Republicans in Congress have repeatedly threatened to cut off federal funding for Planned Parenthood because the family planning group performs abortions at some clinics.” The rule takes effect on January 18, 2017. It is likely that Republicans will try to reverse the rule once President-elect Donald Trump takes office.

Thursday, December 15

You’re Hired

  • Donald Trump officially nominated U.S. Rep. Ryan Zinke (R-Mont.) to serve as the next secretary of the interior. Zinke was first elected to the U.S. House in 2014 and was re-elected in 2016. Prior to his election to the U.S. House, Zinke served in the Montana State Senate from 2009 to 2013 and was a Navy SEAL from 1985 to 2008. During his service, Zinke commanded troops in Bosnia, Kosovo, and Iraq while also training SEALs as an executive officer at the SEAL Training Center. In a statement, Trump said Zinke would help with “smart management of our federal lands” and explore opportunities “to repeal bad regulations and use our natural resources to create jobs and wealth.” Zinke has generally been opposed to regulations from the Bureau of Land Management and the EPA, especially in matters related to oil and gas extraction in Montana. In terms of federally owned lands, he’s been against selling or transferring them to the states, but he did vote for a pilot program that allowed for states to begin managing some federal lands.
    • In July, Ballotpedia did a fact check related to Zinke’s stance on public lands, including his vote for this pilot program. Read it here.
  • Tom Wheeler, the chairman of the federal agency that regulates all things communications—tv, radio, cable, satellite, and the internet—announced his intentions to resign on January 20, the day Trump takes office. This means that the Federal Communications Commission could soon undertake the process of rolling back regulations put in place under the Obama administration, including the commission’s landmark net neutrality rules from 2015.
    • The FCC has five members, all of whom serve five-year terms and are appointed by the president and confirmed by the Senate. No more than three commissioners can be from the same political party. Right now, Democratic commissioners have a 3-2 majority. But the Senate did not reconfirm one of those Democrats, Jessica Rosenworcel, for a new term, and Wheeler’s retirement—also a Democrat—will give Republicans a 2-1 majority come January 20. Trump will have the authority to nominate two new commissioners, one of whom we can expect will be a Republican (though he’ll have to nominate a Democrat too). The president also has the authority to select the chair of the commission. It’s normal for FCC chairs to step down at the start of a new president’s term. Wheeler’s term was scheduled to expire in 2018.
    • What does this mean for net neutrality? Last year, the FCC passed a series of major rules reclassifying broadband internet as a public utility and allowing for increased federal regulation. The debate over these rules—centered on what is broadly known as net neutrality, the idea that internet service providers should treat all content equally—was and still is contentious. Congressional Democrats and President Obama favored the rules, while congressional Republicans and several television and telecommunications companies opposed them.
    • Trump hasn’t commented a whole lot on the net neutrality debate, but there are indications that his administration sides with congressional Republicans. In 2014, before the FCC passed the rules, he said, “Obama’s attack on the internet is another top down power grab. ... Will target conservative media.” Moreover, Trump’s advisers on telecommunications issues have voiced opposition to the rules, and the two Republicans currently on the commission, Ajit Pai and Michael O’Rielly, voted against them. Ballotpedia is not currently aware of any names that have been floated as potential Trump nominees for the commission.
  • Fox News contributor and radio show host Monica Crowley will be a deputy national security adviser in the Trump administration, where she will work under the incoming national security adviser, retired Lt. Gen. Michael Flynn. Crowley worked as a foreign policy assistant to former President Richard Nixon and holds a Ph.D. in international affairs from Columbia University. She is the second Fox News employee that Trump has appointed to his national security team. Last month, he announced Fox News analyst KT McFarland as a deputy national security adviser. McFarland worked in the Nixon, Ford, and Reagan administrations. Deputy national security adviser positions do not require Senate confirmation.

Friday, December 16

  • Feeling lost in a sea of cabinet nominations and administrative appointments? That’s what we’re here for. In Friday’s edition of You’re Hired, our daily newsletter on the Trump transition, we provided a refresher on several of Trump’s key nominees. As of December 16, Trump had officially announced 13 out of 15 cabinet nominations. The remaining two are the departments of Agriculture and Veterans Affairs. All of these positions require confirmation from the Senate. Click here to read more.
  • During his year-end news conference, President Barack Obama said that his administration will respond to Russia’s alleged interference with the 2016 presidential election “in a thoughtful, methodical way. [S]ome of it we do publicly and some of it we will do in a way they know but not everybody will.” He added, “Our goal continues to be to send a clear message to Russia or others not to do this to us because we can do stuff to you.”
  • The Chinese Navy stole a U.S. underwater survey drone in the South China Sea. Capt. Jeff Davis, a Pentagon spokesman, demanded that the Chinese return the drone, saying, “It’s ours, it was clearly marked, we want it back, and we don’t want this to happen again.” According to The Wall Street Journal, “The seizure of the drone marks the latest and perhaps sharpest point of tension between U.S. and Chinese military forces in and around the South China Sea, a critical trade waterway where China has built artificial islands and laid claim to a vast swath of maritime territory, to the dismay of neighbors and U.S. officials.”

 

Congress is NOT in session SCOTUS is NOT in session
The Senate and House will not be in session. Members will return to Capitol Hill on January 3, 2017. 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, January 9, 2017.

What’s On Tap Next Week

 

Where was the president last week? Federal judiciary
President Barack Obama spent the entire week in Washington, D.C.  
  • 112 total federal judicial vacancies
  • 66 pending nominations
  • 18 future vacancies

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

State and Local

Highlights

State

  • Last Wednesday, South Carolina State Representative Jim Merrill (R) was indicted on 30 counts of ethics violations and was suspended from his position as a result. According to the charges, Merrill and his company, Geechie Communications, accepted or solicited over $1 million in exchange for providing favors or furthering certain legislation. The indictments stemmed from a state government corruption probe that has been ongoing for almost three years. The alleged violations stretch back to shortly after Merrill took office in 2001. Merrill’s attorney released a statement saying that Merrill denies the charges, insisting that none of his actions violated South Carolina law. The statement criticized the charges and claimed that the state was charging Merrill with acts that have been declared legal in the past. Merrill’s suspension from the state legislature was effective immediately upon news of the indictments.
    • These indictments were the second set to result from the South Carolina state government ethics probe. The first official to be indicted because of the probe was former House Speaker Bobby Harrell (R). Harrell pleaded guilty in 2014 to using campaign funds on personal expenses and resigned from his position. His plea deal also required that he inform investigators of his knowledge of any other wrongdoing or corruption in the state government. It was not clear if this information led to Merrill’s indictments.

Local

  • Alderman Willie B. Cochran (D) of the Chicago City Council was indicted on federal charges of wire fraud, bribery, and extortion. Cochran, the alderman of Chicago’s 20th Ward since 2007, was accused of stealing at least $30,000 from the 20th Ward Activities Fund—a charitable organization meant to help poor constituents—and using the money to fund a gambling habit and to pay a portion of his daughter’s college tuition. Cochran is also accused of extorting a local liquor store owner and an attorney representing a real estate developer for favorable actions on behalf of their businesses. The charges against Cochran are similar to those brought against his predecessor, Arenda Troutman. Cochran replaced Troutman after she pleaded guilty to federal charges of soliciting donations from developers interested in doing business in the 20th Ward. Nearly 30 Chicago aldermen have been charged with corruption over the last 40 years. Neither Cochran nor Chicago Mayor Rahm Emanuel (D) commented on the case. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
 

State

The Week in Review

Ballot measures update

2016:

2017:

  • Three statewide measures are certified to appear on the ballot in 2017 in Maine, New York, 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.
    • An initiative in Ohio would require that state agencies pay no more for prescription drugs than the U.S. Department of Veteran Affairs. This initiative is nearly identical to California Proposition 61, which was narrowly defeated in the November election after opponents, including pharmaceutical companies, spent over $109 million on the opposition campaign.
    • Washington and Ohio have signature submission deadlines for initiatives in late December 2016.

2018:

Monday, December 12

Increased 2018 Initiative Petitions Flood Missouri Election Office

  • Results of the November 8, 2016, election were certified for Missouri’s six ballot measures. Voters approved measures to renew a 0.1 percent sales tax for parks and conservation, establish limits on campaign contributions for state elections, allow the state legislature to require voter IDs, and ban new sales and use taxes on services not subject to one as of January 1, 2015. Amendment 3 and Proposition A, both designed to increase the tobacco tax, were rejected.
    • Since there was a gubernatorial election on November 8, 2016, the signature requirements to get an initiative on the ballot will change for 2018. Missouri has a unique distribution requirement that mandates that initiative proponents must collect signatures based on the number of votes cast for governor in six of the state’s eight congressional districts. Therefore, the number of signatures required in 2018 will likely increase in some districts but decrease in others. While the state has not released the gubernatorial vote by congressional district, data illustrating the vote by county indicates that voter turnout in the gubernatorial race increased by 75,163 from the 2012 election. However, total votes fell in St. Louis and Kansas City between 2012 and 2016, with all of the counties in the 1st Congressional District showing decreased turnout.
    • Over 100 initiative petitions have been filed since November 10 for the 2018 ballot in Missouri. For the 2016 election cycle, that number of filings was not reached until February 2016—around 15 months after the preceding general election in 2014. Some of the initiative proposals are aimed at legalizing medical marijuana or recreational marijuana, increasing the minimum wage, or voiding right-to-work laws. Mark Richardson, a prosecuting attorney for Cole County, has filed litigation in the 19th Judicial Circuit Court, asking the court to stop the secretary of state from certifying any initiative petitions that would conflict with federal marijuana law if approved.

Certified in Maryland

  • Results for the only ballot measure voted on in Maryland during the 2016 general election, Question 1, were certified. Voters approved Question 1 by a margin of 73 percent to 27 percent. The measure was put on the ballot by the state legislature and required that political party affiliations be kept when the governor fills vacancies in the offices of comptroller and attorney general. Democrats held a state government trifecta in Maryland, with majorities in the state Senate, House of Delegates, and governor’s office, from 2006 through 2013. They lost the trifecta and shifted to divided control in 2014 when Governor Larry Hogan (R) was elected. Currently, the officeholders for comptroller and attorney general are both Democrats. Voters did not vote on any veto referendums—the only form of citizen-initiated measure allowed in the state of Maryland—during the 2016 election.
    • In Maryland, the total number of signatures required for veto referendums is based on the total number of votes cast for governor during the preceding gubernatorial election. Therefore, 2016 election results did not change the signature requirements for veto referendums because the governorship was not up for election. For referendums on statewide laws, supporters need to collect a number of signatures equal to 3 percent of the total number of votes cast for governor during the last gubernatorial election.


Tuesday, December 13

Washington Appointment

  • Rebecca Saldaña (D), director of the Washington state nonprofit organization Puget Sound Sage, was appointed to take over Pramila Jayapal’s (D) seat in the state Senate. Jayapal gave up her Senate seat to run for Washington’s 7th Congressional District seat in the U.S. House. As of the 2016 election, Jayapal was the only woman of color in the state Senate. The district she represented (the 37th) was one of only a handful of majority-minority districts primarily composed of people who identify as a minority in the state. Saldaña, who identifies as Latina, was chosen unanimously by the King County Council to represent the district. The council praised all three of the potential replacements, but ultimately decided that Saldaña would best represent the interests of the 37th District citizens.

Virginia Voter ID Law Upheld

  • Voters in Virginia will still be required to present photo ID at the polls after a federal appeals court upheld the legality of the state's voter ID law. The law's challengers, including the Democratic Party of Virginia, had argued that Virginia's voter ID requirement disproportionately burdened minority voters, who, according to the law's opponents, may be less likely than white voters to possess the necessary forms of identification. A three-judge panel of the United States Court of Appeals for the 4th Circuit rejected this argument. Judge Paul Niemeyer, joined by judges Dennis Shedd and Steven Agee, wrote the following in the court's opinion: "In sum, not only does the substance [of the voter ID requirement] not impose an undue burden on minority voting, there was no evidence to suggest racially discriminatory intent in the law's enactment." Virginia House Speaker William J. Howell (R) applauded the decision, saying, "Today's ruling is a victory for a common-sense law that protects the integrity of Virginia's elections. Claire Gastañaga, executive director of the Virginia American Civil Liberties Union, maintained that the Fourth Circuit's ruling "discounts the reality of the hardships that voters with disabilities encounter, and ignores that many other vulnerable groups of people lack ID or the means to obtain one." To learn more about voter ID laws in the United States, see this article.

Georgia Appointment

Thursday, December 15

Marijuana Measure Takes Effect

  • This November, Massachusetts voters approved Question 4, a measure designed to legalize marijuana and regulate it similarly to alcohol. Beginning at midnight, the measure took effect, allowing Massachusetts residents 21 years and older to have up to one ounce of marijuana in public places and up to 10 ounces of marijuana at home. It also allowed them to grow up to six marijuana plants per person and to give marijuana to someone 21 years or older for free. The start date occurred on schedule since the election results were certified by the Governor’s Council the night before, despite discussions among legislators about slowing down the implementation process. Certain parts of the effective law have limitations or will occur at a later date. Citizens will not be allowed to smoke or grow marijuana in public spaces, for instance, and it will not be sold legally for some time, as applications for licensed retailers won’t be accepted until 2017.
    • Question 4 was one of four ballot measures voted on in Massachusetts in 2016. Voters passed a measure that prohibited certain methods of farm animal containment but did not approve two other measures. One would have allowed for an additional slots-only casino license, and the other would have authorized up to 12 new charter schools in the state per year.
    • Recreational marijuana measures were also approved in California, Massachusetts, Nevada, and Maine, increasing the number of U.S. residents living in a state with legal recreational marijuana from about 17 million to about 67 million. A recount is underway, however, for the Maine marijuana legalization initiative.
  • Colorado Amendment 71, approved on November 8, 2016, established a distribution requirement for collecting signatures for initiated amendments and imposed a 55 percent vote requirement to approve amendments. The initiative also added language to the state constitution explaining the measure's intent: "In order to make it more difficult to amend this constitution..." Petitioners of future ballot initiatives have begun to feel the impact of Amendment 71. Daniel Hayes, the sponsor of an initiative to limit housing growth along the Colorado Front Range, reported that his campaign would seek to place the initiative on the ballot in 2018 instead of 2017 and as an initiated state statute instead of an initiated constitutional amendment. He cited the vote requirement of 55 percent for amendments as an impediment to a successful initiated amendment campaign.
    • A total of four distinct ballot initiatives have been proposed in Colorado for future ballots, three of those being constitutional amendments to which Amendment 71’s requirements would apply. The measures include initiatives to regulate housing growth, establish an Independent Ethics Commission to investigate judicial misconduct and judges' disabilities that interfere with performance, constitutionalize medical aid in dying, and lower the alcohol drinking age from 21 to 18. Between 1995 and 2015, an average of one ballot measure, including initiatives and legislative referrals, appeared on the ballot for odd-numbered years in Colorado.
  • The recount for Question 1, the Maine Marijuana Legalization measure, was put on hold for the holiday season. About 30 percent of votes were counted, and the results had not yielded any significant changes in outcome. The measure narrowly passed in November by less than half of a percent of the vote. The No On 1 campaign will be able to choose whether they wish to continue the process or withdraw when it resumes in January. The recount could take more than a month and could cost taxpayers more than $500,000 to complete. If the election results are not reversed, recreational marijuana will become legal in Maine 30 days following the proclamation of official results by the governor.
    • Voters in eight other states were also presented with marijuana-related ballot measures. Recreational marijuana was approved in California, Massachusetts, and Nevada. Medical marijuana was approved in Arkansas, Florida, Montana, and North Dakota. Arizona was the only state in which a marijuana-related measure was not approved, with voters narrowly defeating a measure to legalize recreational marijuana.
  • The Maine Department of Labor announced that it will not punish employers who fail to follow through with standards set for tipped workers under Question 4, which was passed by voters in November and will take effect on January 7. The department indicated that this plan was a temporary way to prepare for how the legislature might deal with the minimum wage issue. Under the measure, the minimum wage for tipped workers will increase to five dollars in 2017 and then continue increasing by one dollar per year until it equals the state minimum wage. The ultimate deadline for the increase would be 2024. Governor Paul LePage (R) has asked legislators to change the law so that the lower minimum wage for tipped workers would be restored, arguing that the higher minimum wage could impact the economy negatively.
    • Voters in four other states were also presented with minimum wage-related ballot measures in November. Arizona, Colorado, and Washington all approved measures increasing state minimum wages. South Dakota voters decided a veto referendum targeting a bill designed to decrease the minimum wage for workers under the age of 18; they rejected the bill.

Friday, December 16

North Carolina passes bills limiting the governor’s power

  • North Carolina state legislators used an additional special session to pass bills that would limit the power of the governor. Senate Bill 4, which creates a bipartisan state board of elections and ethics enforcement, was passed and signed by Republican Governor Pat McCrory. The bill ends the governor’s control over election boards. House Bill 17 also passed the legislature and moved on to the governor for signing. HB17 requires that cabinet members of the governor obtain approval from the state Senate, removes the governor’s ability to appoint University of North Carolina trustees, and reduces the number of employees allowed under the governor from 1,500 to 300. These moves come after Democrat Roy Cooper narrowly defeated McCrory in the November gubernatorial election. Both chambers of the legislature are controlled by Republican majorities. The legislature entered into the additional special session after completing a special session that allocated $200 million in state funds to aid in the Hurricane Matthew relief effort. State officials have estimated that the storm caused approximately $2 billion in “economic damage.”
    • North Carolina is a Republican trifecta, but Cooper’s victory in the gubernatorial race will result in a divided government following his swearing-in on January 1, 2017. Republicans maintained control of both state legislative chambers. Prior to the November 2016 election, there were 23 Republican trifectas. Following the election, there will be 25 Republican trifectas.
  • Florida Governor Rick Scott (R) appointed Judge C. Alan Lawson to the Florida Supreme Court. This is Gov. Scott’s first appointment to the state’s seven-member high court. Judge Lawson currently sits on the Florida Fifth District Court of Appeal. He will succeed retiring Justice James E.C. Perry. Lawson must stand for retention by voters in 2018 in order to remain on the supreme court for a full six-year term.
  • Pennsylvania State Representative Leslie Acosta (D) announced she would resign from her position, effective January 3, 2017. Acosta had quietly pleaded guilty to a federal charge of conspiracy to commit money laundering in March 2016. The news was only made public in September after a local media outlet reported the guilty plea. Since then, Acosta has faced numerous calls to step down from other Democrats in the state, including Governor Tom Wolf (D). Acosta ran unopposed in the general election and won a second term in the legislature, but several other state representatives indicated that they would refuse to seat her in the new session. Acosta’s letter of resignation did not allude to her legal issues. House Speaker Mike Turzai (R) is required to call a special election within 10 days of any vacancy. There is a mandatory 60-day wait period that must take place between his announcement and the special election, so the seat won’t be filled until mid-March 2017 at the earliest.

 


State government in session

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

Three states—Michigan, New Jersey, and Ohio—are in regular session; Massachusetts is in an informal session. North Carolina is in special session.

  • Informal session: In an informal session, no attendance is taken and only a few members attend the session. These sessions address day-to-day business and non-controversial bills. The bills do not require debate or a roll-call vote, and they must be passed unanimously. If one member objects, the measure is blocked.

Two states are in recess:

  • CA and ME until 1/4/2017

The following states have convened their 2017 regular sessions:

  • CA, ME

The following states have adjourned their 2016 regular sessions:

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

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX

State government special elections

As of this week, 64 seats have been filled through state legislative special elections in 2016. There is one more special election (not including runoff elections) that has been scheduled for 2016. As of this week, six state legislative special elections have been scheduled for 2017 to fill a vacancy. Due to redistricting, additional state legislative special elections will be held in North Carolina in 2017. A federal court ruled 28 district maps unconstitutional because of racial gerrymandering. North Carolina lawmakers have until March 15 to redraw the maps. Ten of these 2016 special elections involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), four from Democratic to Republican (Connecticut, HD 90; Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85).

  • An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Last week: December 13

Local

The Week in Review

Sunday, December 11

Not Paying Up

  • New Orleans City Council member James Austin Gray II announced his refusal to pay debts to former clients despite a Louisiana Supreme Court ruling. In March 2015, the court ruled against Gray on behalf of four complainants and found that Gray did not perform any legal work on their behalf after being paid attorney fees for his services. The court ruled that he ignored client attempts to speak with him and failed to provide the documents that would have allowed the clients to seek representation from a different attorney. Gray’s legal license was suspended for two years, and he was ordered to repay the attorney fees, but at least one of Gray’s former clients, Peggy Burns, has yet to receive any due compensation. Records show that Burns filed a follow-up complaint against Gray in May 2016. In an interview with The Advocate, Gray stated that his suspension did not reflect his ability to serve as a city councilman. “None of this has anything to do with my role as a city councilman,” he stated. “Even the allegations didn’t question my honesty, or my ability for that matter. The allegations were about the attentiveness to clients.” New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S by population.

Tuesday, December 13

California Mayor Sworn In

  • In Sacramento, Darrell Steinberg (D) was sworn in as the city’s 56th mayor. Nearly 2,000 people attended the ceremony, which took place six months after Steinberg won 59 percent of the vote during a June primary election. He replaced outgoing Mayor Kevin Johnson (D). Steinberg previously served in the California State Senate, representing District 6 (2006-2014), and served as president pro tem for six years (2008-2014). He also served as a member of the California State Assembly between 1998 and 2004. Steinberg’s campaign platform included increased focus on Sacramento youth programs, the improvement of neighborhood services, and the creation of better housing and programs for the homeless and mentally ill. He recently announced that he would uphold Sacramento’s sanctuary city status to prevent the federal deportation of people who migrated to the country illegally, should the Trump administration uphold its promise to increase enforcement. Sacramento is the sixth-largest city in California and the 35th-largest city in the U.S. by population.

After Conviction, City Council Calls for Resignation

  • In Virginia, the Norfolk City Council unanimously called for the resignation of city treasurer Anthony Burfoot after he was convicted of six federal felonies. Burfoot was convicted after accepting nearly $500,000 in bribes while he served as a city council member, and his charges included wire fraud, conspiracy, and perjury. Following the conclusion of his trial on December 9, the council drafted a formal resolution asking Burfoot to step down by December 15. The resolution also called for the city manager to secure Norfolk’s financial assets. Despite the council’s actions, state law does not require Burfoot to resign from his independently elected position while he awaits sentencing on April 17, 2017. His lawyer, Andrew Sachs, stated that Burfoot planned to remain in office while he pursues legal challenges to the jury’s verdict and that he “respectfully disagrees” with the city council’s opinion. Councilwoman Andrea McClellan said that if Burfoot does not resign, the council will ask the U.S. District Court for his suspension. Norfolk is the second-largest city in Virginia and the 81st-largest city in the U.S. by population.
    • Burfoot faced a recall effort related to his criminal charges earlier in 2016:
      • In January, an effort to recall Burfoot was launched. Recall organizers submitted a recall petition to the Norfolk Circuit Court, which was certified for circulation on February 3. These petitions were returned with signatures to city officials in June. The city voter registrar verified enough signatures to send the recall to a circuit court hearing at a future date. On August 25, a circuit court judge ruled that the recall hearing would be delayed until the conclusion of Burfoot's criminal trial.

Wednesday, December 14

New York City Resignation

  • Gladys Carrión resigned from her position as commissioner of the New York City Administration for Children’s Services. Carrión was appointed as child welfare commissioner by Mayor Bill de Blasio (D) in 2014, and she is the third member of the mayor’s health and social services team to step down since August 2015. Three children in the city’s care died between September and December. The agency was also recently blamed for its failure to communicate with a nonprofit provider contracted to monitor the home of a long-time foster care parent charged with sexually abusing children over two decades. The city’s public advocate, Letitia James, filed a class-action lawsuit against the welfare agency in 2015, accusing the city and state of allowing children to remain stuck in foster care, according to The New York Times. In response to Carrión’s notice, James said she had hoped for reform instead of a resignation. Carrion did not respond to a request for comment. New York is the largest city in the U.S. by population.

Thursday, December 15

Oakland Hires Interim Superintendent

  • In California, the Oakland Unified School District (OUSD) announced that Devin Dillon will serve as interim superintendent. Dillon is the chief academic officer for the school district and replaces Superintendent Antwan Wilson, who announced his resignation from OUSD to become chancellor of schools in Washington, D.C. The school district has had eight superintendents serve over the past 16 years, and Wilson’s contract was not completed when he decided to leave. Dillon previously served as the director of elementary schools for the Los Angeles Unified School District and will act as superintendent in Oakland until a permanent replacement is hired. Oakland Unified School District served 46,472 students during the 2013-2014 school year—approximately 0.7 percent of all public school students in the state.
  • In New York City, Mayor Bill de Blasio (D) was fined $48,000 for improper spending and campaign finance violations in 2013. The New York City Campaign Finance Board disperses public matching funds and oversees the expenditure of these funds by campaigns. A detailed report released by the board found that de Blasio’s mayoral campaign in 2013 made delinquent filings, accepted donations beyond the city’s set limits, and spent money that could not be documented as campaign-related. Following the board’s announcement, the New York City Council passed legislation to limit the involvement of nonprofit political groups in political campaigns. According to The New York Times, the legislation was directed at the Campaign for One New York—a nonprofit political group formed by de Blasio and his aides in 2013, which has been at the center of state and federal inquiries into de Blasio’s fundraising tactics. In response, de Blasio insisted that all of his actions were appropriate and lawful and said that he would have no problem signing the bill. The investigation into the Campaign for One New York has not yet concluded. New York is the largest city in the U.S. by population.
  • A U.S. District Court judge ordered a stay of Chicago’s new restrictions on Airbnb. The restrictions were scheduled to take full effect on December 17, but a lawsuit filed by Keep Chicago Livable (KCL)—a nonprofit group comprised of citizens opposed to the laws—pushed back the implementation of most of the regulations until February 28, 2017. “I would characterize this as a timeout to allow the judge and the parties to examine and analyze whether this law should be suspended pending a final judgement,” said KCL’s attorney Shorge Sato. Judge Sara Ellis ruled that the city must wait to implement strict record-keeping practices for Airbnb hosts and cannot limit the number of units in a building rented out on home-sharing platforms until next year. However, the city can move forward with the implementation of new zoning and tax laws related to home-sharing rentals. The city has until December 30 to file a response to Judge Ellis’ ruling. According to Airbnb, there are 6,400 Airbnb hosts in Chicago, and 371,000 guests stayed in the city between November 2015 and November 2016. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
    • Several large cities have regulated or considered regulating Airbnb in recent months. These cases include:
      • In October, San Diego City Council President Sherri Lightner unveiled a proposal aimed at eliminating short-term rentals in the city. Lightner’s proposal would change city code to label any visitor or tourist a “transient” if they rent a home for less than 30 days. The law would impose a 30-day rental minimum for homes in single-family zones and a seven-day minimum in multi-family zones. Individual rooms and spaces would also have a seven-day rental minimum. Airbnb revealed it had 4,900 hosts within the city limits who would be affected by such a change. The penalties written into the code are a $2,500 fine per violation, with a maximum of $250,000 per parcel of land for violations.
      • In July, Airbnb sued the city of Anaheim due to the passage of a short-term housing rental law. The law, passed by the Anaheim City Council earlier in the same month, ceased the issuing of permits for properties rented for fewer than 30 days. Short-term rental permit holders were given 18 months after August 11, 2016, to cease operations. Airbnb also sued the city of San Francisco in June 2016 after its board of supervisors approved legislation earlier in June that restricted commercial postings from short-term housing rental websites and imposed fines for violating the law.
      • Chicago, New York, and Denver all passed laws regulating short-term rentals. In June 2016, the Chicago City Council passed a law that required Airbnb to purchase a $10,000 license to operate in the city, enacted a 4 percent tax per rental for homeless services, and set a $60 fee per city address listed on the website. Earlier in the same month, New York lawmakers passed legislation to levy fines of up to $7,500 on individuals using Airbnb to rent a full apartment for fewer than 30 days. In Denver, the city council imposed an annual $25 licensing fee for short-term rental hosts.

 

What’s On Tap Next Week

Monday, December 19

Have You Ever Considered Running For Office In Illinois?

  • FILING DEADLINE: The deadline will pass to run in general elections for 79 school board seats across 22 of the largest school districts in Illinois, as measured by student enrollment. All of these elections will be held on April 4, 2017. The largest school district holding elections next year is School District U-46, which served 40,551 students during the 2013-2014 school year—approximately 2 percent of all public school students in the state.

Tuesday, December 20

Recall Election in Maine

  • In Maine, an election will be held to recall Litchfield Town Selectman Tim Lachapelle. The recall effort was launched in November 2016, when recall organizers initiated a petition against Lachapelle after he sent a letter criticizing other municipal officials to Litchfield residents. The organizers alleged that Lachapelle’s claims were without merit. The letter he sent claimed that code enforcement officer Steve Ochmanski stole from the town. He also argued that the town's hiring of Bryan Lamoreau as the transfer station manager was inappropriate due to his marriage to the town manager. Lachapelle also criticized town officials for their failure to fulfill public information requests in a timely manner. He later told local media that he would not attend board meetings until the conclusion of the recall because of these disagreements. To require the special recall election to take place, organizers collected 213 valid recall petition signatures, which surpassed the 176 signatures required.

 

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Fact Check

Fact Check by Ballotpedia

State and local fact checks

  • Is Oklahoma “at the bottom for education”? After Oklahoma voters rejected a constitutional amendment to raise the state sales tax and direct funds to education, Grove Public Schools Superintendent Sandy Coaly called for legislative action, saying, “We don't want to be at the bottom of anything else, so why do we want to be at the bottom for education?” While Oklahoma ranks 48th in the country in per-pupil public school spending, the state is at or near the national average in both graduation rate and National Assessment of Educational Progress scores.
  • Must Georgia cities wait 20 years to sell condemned property? The mayor of Savannah, Georgia, and the Georgia Municipal Association are calling on the state legislature to make it easier for cities to take control of privately owned buildings for redevelopment, claiming that state law requires municipalities to hold onto blighted properties for 20 years. Ballotpedia found this claim to be true. According to Title 22 of the Official Code of Georgia, “All condemnations shall not be converted to any use other than a public use for 20 years from the initial condemnation.”
  • Does Iowa have one of the highest effective income tax rates in the country? State Sen. Jake Chapman wants to make lowering the state’s income tax a top legislative priority. He claimed that his state has one of the highest effective individual income tax rates in the country, citing Forbes’ annual list of “The Best and Worst States for Taxes.” That report ranked Iowa 10th highest in effective tax rates. There is no official ranking of effective tax rates, however, and Forbes did not follow standard methodology. If calculated correctly, Iowa’s effective tax rate on gross income of $53,657 (the example Forbes used) is 5.31 percent, lower than their estimate of 5.68 percent.

 

Read the latest fact checks.


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