The Tap: Tuesday, October 18, 2016
From Ballotpedia
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 #39 of The Tap, which was published on October 22, 2016. READ THE FULL VERSION HERE.
Federal
- Conservative activist James O'Keefe released two videos purporting to show Democrats engaging in fraudulent campaign tactics to support Hillary Clinton. In the videos, party operatives appear to discuss encouraging violence at Donald Trump rallies and busing people across state lines to vote. As a result of the videos, one temporary Democratic subcontractor was terminated and a DNC vendor relinquished his position. Asked to comment on the story, Clinton said, "I know nothing about this. I can't deal with every one of his conspiracy theories." TIME noted that “O’Keefe has previously spliced videos together to imply its subjects were saying things they were not."
- See also: Project Veritas, Aaron Black, and Presidential campaign trackers and opposition researchers
- At a campaign event in Colorado, Donald Trump announced plans to propose a constitutional amendment on term limits for members of Congress. Trump said, “If I’m elected president I will push for a constitutional amendment to impose term limits on all members of Congress.” Trump added at another event in Colorado that his plan includes a six-year limit (three terms) for members of the House and a 12-year limit (two terms) for members of the Senate. While there are currently no term limits for members of Congress, legislators in 15 states are subject to term limits. A Gallup poll from January 2013 found that three-quarters of Americans supported term limits for members of Congress.
- The Clinton campaign spent $100,000 on advertising in Texas—a state no Democrat has won since 1976—in the Dallas, Houston, Austin, and San Antonio markets. Erik Potholm, a Republican media consultant, said, "It takes millions of dollars to drive a single message across those markets. If they are running $100k in those cities, it’s just a media hit, not designed to actually move voters."
- Seventy Nobel laureates endorsed Hillary Clinton, writing in a joint letter, "We need a president who will support and advance policies that will enable science and technology to flourish in our country and to provide the basis of important policy decisions.”
- Ecuador, which granted asylum to WikiLeaks founder Julian Assange at its embassy in London, acknowledged that it has "temporarily restricted" Assange's access to the internet. "The foreign ministry said that while it stands by its 2012 decision to grant Assange asylum based on legitimate concerns he faces political persecution, it respects other nations’ sovereignty and doesn’t interfere or support any candidate in foreign elections," the Associated Press reported.
- Speaking at an event in Virginia, Gary Johnson said that his 2016 presidential run will be his last bid for elected office. “This is my last attempt at elected office. I ran as a Republican in New Mexico, a state that's two-to-one Democrat, embracing the notion of less government. But I'm with the Libertarian Party. It's growing by leaps and bounds, and I think it's the logical replacement for the Republican Party,” said Johnson. Johnson was the Libertarian Party presidential nominee in 2012 and served as the governor of New Mexico from 1995 to 2003.
- A Quinnipiac University poll of Florida’s U.S. Senate race released Tuesday showed incumbent Marco Rubio (R) leading challenger Patrick Murphy (D) 49-47. Rubio has consistently led by single digits since his entry into the race. Florida is one of nine U.S. Senate battlegrounds in 2016.
- Speaking with Boston Herald Radio, Trump campaign co-chair Sam Clovis discussed Trump's claims of widespread voter fraud. Clovis said that large numbers of illegal immigrants were registering and voting with fraudulent documents. He said, "I’ve done a lot of work and study in this area, so here’s what happens: you have the opportunity for illegal immigrants to come to the state, and the state loosens its laws to provide for individuals to get driver’s licenses in the state, illegal or otherwise. ... Then, through fraudulent documentation, because you've used fraudulent documents to achieve a status in this country, then you are able to register to vote because you've established residency. And people are no longer interested in whether you are a citizen and eligible to vote. The fact of the matter is, you're a resident and they assume you're eligible to vote."
- In response to an executive order issued by President Barack Obama, the Department of Transportation (DOT) announced a series of executive actions that will “spur competition in the airline industry -- and improve air travel for millions of American consumers. These actions will help consumers know how airlines are performing, make sure consumers don’t have to pay for services they don’t receive, and help consumers find the best flight options,” according to a White House press release. The new reporting requirements, listed below, will take effect January 1, 2018, and the other regulations will take effect 30 days after the changes are published in the Federal Register. DOT released the following actions:
- Requiring refunds for delayed baggage;
- Expanding the number of U.S. carriers required to report information to DOT about their on-time performance, oversales, and mishandled baggage rates;
- Requiring airlines to report data for flights operated by their domestic code-share partners;
- Requiring airlines to report their total number of mishandled bags and total number of checked bags;
- Prohibiting undisclosed bias by airlines and online ticket agents; and
- Requiring airlines to report on how often they mishandle wheelchairs.
- Researchers at the U.S. Geological Survey and Colorado State University published a paper arguing that oil and natural gas development have contributed to a decline in sage grouse populations. The paper, which was published in The Journal of Western Management, found that sage grouse populations fell 14 percent annually between 1983 and 2008 in areas with at least 10 oil or natural gas wells per square mile, while sage grouse populations were stable in areas with no wells. The U.S. Fish and Wildlife Service, which oversees endangered and threatened species, declined to list the sage grouse as endangered under the Endangered Species Act in 2015. To prevent further decline in sage grouse populations, the federal government implemented land use regulations limiting energy development and grazing on federal land. Supporters of listing the species as endangered, such as the Center for Biological Diversity, have argued that full federal protection under the Endangered Species Act, including limits on energy production, is needed to prevent the species from going extinct within the next several decades. Opponents of listing the species have argued that state and local conservation efforts have been effective at preventing the species’ decline.
- Ballotpedia held a webinar on election policy conflicts and the 2016 elections. View the recording here.
State
- In Louisiana, a Baton Rouge judge struck down an executive order issued by Governor John Bel Edwards (D) earlier in 2016 preventing state contractors from discriminating against employees based on sexual orientation. Edwards had filed a lawsuit against state Attorney General Jeff Landry (R) in September 2016 over the attorney general's refusal to comply with the order. The judge ruled that Edwards' order did not comply with state law; a spokesman for the governor's legal team stated that they planned to appeal the decision to the Louisiana First Circuit Court of Appeal. Louisiana currently has a divided government; Edwards' election in 2015 ended a five-year Republican trifecta.
- The Democratic candidate for governor of Utah, Mike Weinholtz, called for the legalization of medical marijuana at a press conference after his wife, Diana, pleaded guilty to charges of misdemeanor marijuana possession. Weinholtz stated that his wife suffered from arthritis and degenerative spinal disease and preferred to use marijuana to treat her pain rather than risk developing an addiction to prescription painkillers. "What would you do if the person you love most in the world was faced with that decision?" asked Weinholtz at the press conference. The healthcare executive will compete with incumbent Governor Gary Herbert (R) in the general election on November 8, 2016. The race is rated "Safe Republican." Utah is one of 23 Republican trifectas.
- Voters in nine states will decide marijuana-related ballot measures in November affecting 82 million U.S. residents. Citizen initiatives designed to legalize recreational marijuana are on the ballot in Arizona, California, Maine, Massachusetts, and Nevada. Medical marijuana could be legalized in Arkansas, Florida, and North Dakota, and medical cannabis patient limits could be lifted in Montana after the November election.
- The Nevada secretary of state released this year’s third batch of campaign finance reports, covering June through mid-October 2016, for ballot measures committees. The final campaign finance reports for Nevada 2016 ballot measures will be released on January 15, 2017.
- Funding for Question 1, an initiative to require firearm transfers to go through a licensed gun dealer, increased $13.16 million, with $3.5 million from former New York City Mayor Michael Bloomberg and $9.5 million from the Bloomberg-backed Everytown for Gun Safety. The National Rifle Association contributed $4.5 million to defeat the initiative.
- Sheldon Adelson, chairman and CEO of Las Vegas Sands Corporation, contributed $2 million to defeat Question 2, an initiative designed to legalize marijuana in Nevada. He has also donated $1 million to defeat marijuana legalization in Massachusetts and $1.5 million to defeat medical marijuana in Florida. The Marijuana Policy Project donated $396,000 to the committees supporting Question 2.
- IBEW 1245, a union representing around 600 workers at NV Energy, contributed $800,000 to the campaign fighting Question 3, an amendment requiring an “an open, competitive retail electric energy market.” Switch LTD donated $1.5 million and the Las Vegas Sands Corporation contributed $250,000 to the support campaign.
- Question 4, financed by Bennett Medical Services, is also on the ballot in Nevada and faces no organized opposition.
- California state regulators at the Water Resources Control Board released a report concluding that the state government should leave more water in the Sacramento-San Joaquin River Delta to mitigate population declines in the delta’s native species, including the delta smelt, a fish species that has been listed as threatened under the federal Endangered Species Act since 1993. Each year, approximately half of the delta’s water is diverted to farmland and cities; these areas include two-thirds of California’s population and 3 million acres of farmland. The report recommended leaving more water in the delta for at least three seasons each year for the smelt and other native species. If implemented, the board’s recommendations could result in less available water for farms and cities, though the report did not specify how much water should be kept in the delta. The recommendations could also interfere with Gov. Jerry Brown’s (D) proposal to spend $15.7 billion on water tunnels that would carry water from the delta to other parts of the state. The Natural Resources Defense Council, an environmental advocacy group, supports leaving more water in the delta. The California Farm Bureau Federation, an agricultural group, criticized the board’s recommendations. The federation’s president stated, “They tell you if we put more water in the river it'll be better for the fish. I don't buy that for a second.”
- An audio recording of a political consultant was leaked in which he said that the solar-related Florida Amendment 1 was designed to appear solar-friendly, while its purpose was to ensure fees on third-party solar producers are allowed. The audio was recorded at the October 2 State Energy/Environment Leadership Summit, and Sal Nuzzo, vice president of the James Madison Institute (JMI), a Florida-based policy think tank, was the speaker. Nuzzo discussed how the Amendment 1 support group, Consumers for Smart Solar, asked JMI to help prepare for the amendment campaign. Nuzzo indicated that the measure was designed to appeal to solar-friendly voters while also being designed to “completely negate anything they (pro-solar interests) would try to do either legislatively or constitutionally down the road.” Nuzzo referred to the move as a “savvy maneuver,” and said that utilities could use “political jiu-jitsu” to use the popularity of solar to their advantage. Robert McClure, executive director of the James Madison Institute, responded by releasing a statement saying that Nuzzo misspoke and that “JMI has never worked with or received funding from Consumers for Smart Solar.”
- Polls show support for Amendment 1 ranging from 64 percent to 84 percent, with the most recent support percentage six points above the 60 percent supermajority approval necessary to pass an amendment in Florida.
- Ballotpedia held a webinar on election policy conflicts and the 2016 elections. View the recording here.
Local
- The owner of a Chicago education consulting company pleaded guilty to one count of federal wire fraud. Gary Solomon, co-owner of the SUPES and Synsei companies, could face an 11-year prison sentence for his role in a scheme to bribe the CEO of Chicago Public Schools (CPS) in 2012. Solomon admitted to bribing former CPS CEO Barbara Byrd-Bennett, who was employed by the SUPES company prior to taking her position with the school district. Solomon’s plea agreement stated that he offered Byrd-Bennett a percentage of any district contracts she was able to steer toward SUPES. He also admitted that he was integral in getting Byrd-Bennett hired by CPS. Between 2012 and 2013, SUPES contracts with CPS increased from $300,000 to $20.5 million. Solomon and his business partner, Thomas Vranas, set aside a portion of this money in a company fund, intending to pay Byrd-Bennett kickbacks once she returned to work for SUPES. Solomon is awaiting sentencing. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
- In Flint, a lawsuit was filed against the Flint City School District and the Michigan Department of Education. The suit alleges that officials failed to provide proper educational services to children exposed to lead through the city’s contaminated drinking water. Lead can significantly affect brain activity, diminish a student’s capacity to learn, and contribute to failure to thrive. The complaint argues that the Flint school system has not met its legal obligation to offer screening, special services, and interventions to children with potential lead exposure. It also charges that the district denied special education services to some students, violating the federal Individuals with Disabilities Education Act. The lawsuit further accuses the state department of education of failing to provide Flint schools with the resources needed to assist students. The schools faced a $10 million deficit and cut teachers and support staff for the 2016-2017 school year. The lawsuit names 15 children, each exposed to lead in Flint, as plaintiffs. The children range in age from three to 17 years old. They are being represented by the American Civil Liberties Union of Michigan, the Education Law Center, and the law firm White & Case, who are seeking certification to represent all Flint children who were exposed to the neurotoxin.
- In Pennsylvania, the West York Borough Council unanimously accepted the resignation of Mayor Charles Wasko due to controversial Facebook posts. Wasko, who was elected in 2013, published two posts that compared President Barack Obama (D) and his family to apes. A third post portrayed a fictional black person explaining socialism as “when the white folks work every day so we can get all our governmental entitlement stuff for free.” A fourth post suggested that Obama should be hung with a noose, but it was later removed from Wasko’s page while the other posts remained. During a meeting held on October 3, 2016, community members demanded Wasko’s removal, calling his posts racist and unacceptable. On October 11, 2016, Wasko sent a letter to the council saying he would resign if any one of four demands made in the letter were met. The council agreed to one demand: it considered hiring an experienced officer to the local police force who could become chief. The other three demands were not made public. Council President Shawn Mauck was named as Wasko’s immediate successor.
- In North Carolina, the Charlotte City Council selected its first African American city manager. Marcus D. Jones is replacing interim city manager Ron Kimble, who has served in the position since July 2016. Jones, who previously served as the city manager of Norfolk, Virginia, is taking the position during a crucial time. In the wake of the police shooting of Keith Lamont Scott on September 20, 2016, the city has faced civil unrest and violence. While Jones will be responsible for implementing several projects passed by Mayor Jennifer Roberts (D) and the Charlotte City Council in response to the shooting, the council says his hiring was independent of the event. After being chosen as a finalist for the position, the council voted 10-2 to hire Jones during a closed meeting. “We have this priority in the city, which is a well-managed government,” said Jones after he was hired. His compensation has not yet been publicly disclosed. Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.
Preview of the day
The excerpts below were compiled from issue #38 of The Tap, which was published on October 15, 2016. READ THE FULL VERSION HERE.
Federal
- Join Ballotpedia's election policy conflicts webinar as our resident expert discusses how election policy disputes are playing out in state legislatures and courts across the country. Ballotpedia has been tracking the laws, court cases, and reform efforts that impact election policy. Register to learn about where these conflicts have been occurring and what can be expected in November.
- U.S. Senate Election in Wisconsin: Sen. Ron Johnson (R) and former Sen. Russ Feingold (D) will debate in one of Ballotpedia’s battleground races. The debate will be hosted by WISN-TV and Marquette University Law School at 8:30 p.m. CDT.
- U.S. Senate Election in Indiana: Rep. Todd Young (R), former Sen. Evan Bayh (D), and Lucy Brenton (L) will debate in one of Ballotpedia’s battleground races. The debate will be broadcast from WFYI in Indianapolis at 7 p.m. EDT.
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