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The Tap: Tuesday, May 24, 2016

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Review of the day

The excerpts below were compiled from issue #18 of The Tap, which was published on May 28, 2016. READ THE FULL VERSION HERE.

Federal

  • Donald Trump won the Washington Republican primary on Tuesday. With 72 percent of precincts reporting (as of May 26), Trump carried 75 percent of the vote and every county in the state. Forty-four delegates were up for grabs. Trump took home 40 of them. Democrats also held a primary in Washington on Tuesday, though the results were non-binding. Hillary Clinton was the winner. Washington state Democrats allocated their delegates through caucuses on March 26, 2016, which Bernie Sanders won, 73 to 27 percent.
  • Rumors that New Mexico Gov. Susana Martinez (R) was a potential vice presidential pick for Donald Trump were curbed when Trump criticized her performance as governor. “She's not doing the job. We’ve got to get her moving. Come on. Let's go, Governor,” he said before pointing to the unemployment rate in New Mexico and Martinez’s handling of Syrian refugees being resettled in the state. Martinez press secretary Mike Lonergan responded that Martinez would “not be bullied into supporting a candidate until she is convinced that candidate will fight for New Mexicans."
  • British news source Wigan Today reported that Donald Trump’s campaign had reached out to British communications expert Ian Harris about how to use storytelling to get a message across. Harris is the author of Hooked On You, a guide to using stories as effective messaging tools. Of Trump’s campaign, Harris said, “It seems that as the campaign moves into its next phase they want to spread their ideas and they think stories are a good way to do that. I’ve noticed he already does that quite a bit in his speeches. … From what I’ve read they’re going to bring him back towards the centre to capture the mainstream vote of people who don’t want Hillary, and my sense is that’s what they want to use stories for.”
  • U.S. Attorney General Loretta Lynch announced that the U.S. Department of Justice will seek the death penalty in the case against Dylann Roof, who “is accused of killing nine people during a racially motivated assault last June at a Charleston, S.C., church.” In a statement, Lynch said, “Following the department’s rigorous review process to thoroughly consider all relevant factual and legal issues, I have determined that the Justice Department will seek the death penalty. The nature of the alleged crime and the resulting harm compelled this decision.”
  • Rep. Jason Chaffetz (R-Utah) called for Internal Revenue Service (IRS) Commissioner John Koskinen to be impeached during a House Judiciary Committee hearing examining Koskinen’s role in the IRS “giving increased scrutiny to Tea Party groups seeking tax-exempt status.” Chaffetz said, "We're here today because Mr. Koskinen provided false testimony. He failed to comply with a duly issued subpoena. And when he knew there was a problem, he failed to properly inform Congress in a timely manner. In fact, I would argue that he actively misled Congress." Koskinen did not appear at the hearing, and he said in a statement that the impeachment resolution is "without merit."
  • The House passed its version of the TSCA Modernization Act of 2015, which updated the 1976 Toxic Substance Control Act (TSCA). The bill requires the U.S. Environmental Protection Agency (EPA) to use a new, risk-based standard to analyze thousands of new and existing chemicals to determine if those chemicals should be regulated. These chemicals are present in tens of thousands of items, including clothing, furniture, and cleaning products. Other provisions in the bill require special considerations for how chemicals could harm children and pregnant women and make it more difficult for industries to claim that their chemical information should be kept secret for proprietary reasons. This bill, which has been debated on and off for three years, is the first update to the original 1976 act. The Senate is expected to vote on the bill later this week. If the bill passes the Senate, it could be on President Obama's desk by Memorial Day.
  • Georgia held congressional primaries.
    • In the Senate, incumbent Johnny Isakson easily won the Republican nomination. He will face Jim Barksdale (D) in the general election. The race is rated safely Republican in November.
    • In the House, all five incumbents who faced a primary challenger easily won their primaries. In the 3rd District, an election for the state’s only open seat—a Republican runoff primary between Mike Crane and Drew Ferguson—will be held on July 26. The Democratic primary for the seat between Tamarkus Cook and Angela Pendley remains uncalled at this time.
  • Former Sen. Rick Santorum (R-Pa.) endorsed Donald Trump. When asked if he was supporting or endorsing Trump, Santorum said, "I'm 100 percent … That's endorse." Santorum’s decision to back Trump was based in part on the future of the Supreme Court. He said, "The most important issue is preserving the Constitution of this country and a liberal Supreme Court will destroy it.”

Bills & Amendments

  • Key vote: The Senate passed HJ Res 88 - Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" by a vote of 56-41. The resolution proposes preventing the Department of Labor from implementing a rule that requires retirement investment advisors to put their customer’s interests first when providing advice. President Barack Obama has promised to veto the legislation.
  • Key vote: The House passed HR 2576 - the Frank R. Lautenberg Chemical Safety for the 21st Century Act by a vote of 403-12. The bill is also known as the TSCA Modernization Act of 2015, which updated the 1976 Toxic Substance Control Act. The bill requires the Environmental Protection Agency (EPA) to use a new, risk-based standard to analyze thousands of new and existing chemicals to determine if those chemicals should be regulated. These chemicals are present in tens of thousands of items, including clothing, furniture, and cleaning products. Other provisions in the bill require special considerations for how chemicals could harm children and pregnant women and make it more difficult for industries to claim that their chemical information should be kept secret for proprietary reasons. This bill, which has been debated on and off for three years, is the first update to the original 1976 act. The Senate is expected to vote on the bill later this week. If the bill passes the Senate, it could be on Obama's desk by Memorial Day.
  • Key vote: The House passed HR 5077 - the Intelligence Authorization Act for Fiscal Year 2017 by a vote of 371-35. The legislation proposes funding the intelligence-related activities of 16 federal intelligence organizations. The legislation also includes increased protections for whistleblowers and a provision to prevent tampering with intelligence reports.
  • The House passed HR 897 - the Zika Vector Control Act by a vote of 258-156. The legislation, previously known as the Reducing Regulatory Burdens Act of 2015, 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.

State

ELECTION NIGHT REVIEW: Incumbents do well in Georgia; Texas runoffs remain more competitive than other states.

  • Primary runoff election: Texas
    • State judiciary: Four state court elections held primary runoffs. Two seats on the Texas Court of Criminal Appeals and one seat on the Texas Second District Court of Appeals held Republican primary runoffs; one seat on the Texas Eighth District Court of Appeals held a Democratic primary runoff. The court of criminal appeals is the state’s court of last resort for all criminal matters, alongside the Texas Supreme Court, which is the court of last resort for all civil matters. Republican Mary Lou Keel defeated challenger Ray Wheless and will face incumbent Democrat Justice Lawrence Meyers in the general election for Place 2 on the court of criminal appeals. Republican Scott Walker defeated challenger Brent Webster and will face Democrat Betsy Johnson in the general election for Place 5 on the court of criminal appeals. Republican Elizabeth Kerr defeated challenger Dabney Bassel and is now unopposed for a seat on the Eighth District court. Democrat Gina Palafox defeated challenger Maria Ramirez and is now unopposed for a seat on the Second District court. Texas judicial elections are partisan; both the court of criminal appeals and the state supreme court are controlled by Republicans—the state supreme court by a margin of 9-0 and the court of criminal appeals by a margin of 8-1. Justices and appeals court judges are elected to six-year terms.
    • State legislature: Twelve primary runoffs were held—two in the state Senate and 10 in the state House. According to unofficial results, two out of the three incumbents involved in the primary runoffs were defeated. Based on Ballotpedia's data, the 2016 Texas runoffs are slightly more competitive than in the other 11 states which allow runoffs: in Texas, 52 percent of candidates that win the primary will also win the runoff, while 48 percent of candidates who place second inlose the primary will go on to win the runoff. If the 2016 Texas primary runoff results hold, the candidates who placed second in the primary will have won 42 percent of the runoffs held. From 2010-2015, not including special elections, 224 state legislative runoffs were held in nine states. The primary winner went on to win the runoff in 69 percent of the races, while the second-place candidate in the primary went on to win the runoff in 31 percent of the races.
  • California Assemblyman Ian Calderon (D) contributed $40,000 from his personal ballot measure committee in support of Proposition 50, which would amend the state constitution in order to allow the legislature to terminate the salaries and benefits of suspended legislators. Proposition 50 will appear on the June 7 primary ballot. Two of Calderon’s uncles, former Assemblyman Tom Calderon and former Senator Ron Calderon, both incurred corruption charges in 2014. The circumstances surrounding Ron Calderon’s case inspired the introduction of Proposition 50; Calderon was one of three senators suspended from office in the cases that first alerted the legislature to an inability to suspend the lawmakers’ salaries.
  • Judge Michael H. Watson of the United States District Court for the Southern District of Ohio ruled that Ohio must reinstitute "Golden Week," a one-week period immediately preceding the general election in which voters may both register and cast early ballots on the same day. This early voting and same-day registration period had been eliminated by the Republican-controlled state legislature in 2014. Democrats challenged this action, arguing that it discriminated against black and Hispanic voters. Republicans, meanwhile, argued that it was a necessary measure to combat voter fraud and maintain election integrity. Including "Golden Week," Ohio's early voting period lasts for 35 days; without "Golden Week," the early voting period lasted 28 days. Ohio Secretary of State Jon Husted indicated that the state would appeal Watson's decision, arguing it was the legislature's constitutional prerogative to extend or reduce early voting days.
  • Missouri moved to block the pending merger of two major health insurance companies, Aetna and Humana. The state’s insurance department released a preliminary order that would prohibit the new company from selling individual and small group health plans in Missouri should the merger transpire, citing its finding that the merger would be anti-competitive. Aetna and Humana have 30 days under the order to submit a plan to "remedy the anti-competitive impact" of the merger. Aetna’s proposed $37 billion acquisition of Humana was announced in July 2015. Missouri is the first of 20 involved states to reject the deal; 15 others have approved the deal. The merger would make Aetna the second-largest insurer in the country.

Local

  • Los Angeles Mayor Eric Garcetti (D) publicly criticized Donald Trump, the presumptive Republican presidential nominee, and stated, “He’s a racist, he’s a bigot, he’s sexist.” Mayor Garcetti, who has endorsed Democratic presidential candidate Hillary Clinton, also stated his belief that passionate supporters of her primary opponent, Vermont Sen. Bernie Sanders, would still unify behind Clinton due to the “recklessness” of Trump. Mayor Garcetti was first elected to the office in 2013 after previously serving as the president of the Los Angeles City Council from 2006 until 2012. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
  • In Georgia, 127 school board seats across 37 of the state’s largest school districts were up for either primary or general election. Out of those districts, 17 held partisan primary elections and the other 20 held nonpartisan general elections. In the partisan races, three out of 28 incumbents facing primaries were defeated and only one of the 54 seats up for election in these districts will require a primary runoff election on July 26, 2016. In the nonpartisan races, 32 out of 35 incumbents won re-election and only six of the 73 seats up for election in these districts will require a runoff election in July. Gwinnett County Public Schools was the largest district to be holding elections, and it held 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 held primary or general elections for 178 local judgeships across the state. Out of those court seats, 146 judgeships were up for nonpartisan general election and 32 judgeships were up for partisan primary election. In 85.7 percent of Georgia’s local judicial races in 2016, the sitting judge filed for re-election. Just 29.4 percent of the 2016 races featured more than a single candidate. In the contested races, if no candidate received 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 held 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 featured incumbents competing for their party’s nomination. A pair of Democratic district court judges faced challengers, and one Republican county court judge had an opponent in the primary runoff. Two of the three incumbents, one Democrat and one Republican, lost their re-election bids. 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 lost her recall election with more than 66 percent of voters supporting the recall. Fewer than 150 total votes were cast in the 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."
    • 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.
    • Click here for more Georgia recalls and here for more historical mayoral recalls.

Preview of the day

The excerpts below were compiled from issue #17 of The Tap, which was published on May 21, 2016. READ THE FULL VERSION HERE.

Federal

  • 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.

State

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.

Local

  • 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.



The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
March: 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
April: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30
May: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
June: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30
July: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
August: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
September: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30
October: 1 • 2 • 3 • 4 • 5 • 6 • 7• 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
November: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30
December: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 31
January: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • 21 • 22 • 23 • 24 • 25 • 26 • 27 • 28 • 29 • 30 • 31
February: 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17
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