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The Tap: U.S. Senators on Neil Gorsuch's Nomination

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February 4, 2017Issue No. 51

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The week in review: January 28 - February 3
What's on Tap next week: February 4 - February 10

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

With Donald Trump’s announcement of Neil Gorsuch as his nominee to the U.S. Supreme Court, attention turns now to the U.S. Senate, which has the constitutional responsibility to offer advice and consent on the nomination. The Senate Judiciary Committee, which is made up of 11 Republicans and nine Democrats, will conduct nomination hearings. The committee chairman, Sen. Chuck Grassley (R-Iowa), announced his hope to complete those hearings before the Senate’s scheduled Easter recess, a timetable of roughly six weeks. Ballotpedia is tracking statements, speeches, interviews, and tweets from every U.S. senator about the nomination. Read what your senators are saying about Judge Gorsuch here.

 

Federal

The Week in Review

Saturday, January 28

Federal Stay of January 27 Executive Order

  • Following President Donald Trump’s immigration-related executive order issued on January 27, federal Judge Ann Donnelly issued an emergency stay of the order to prevent the removal of individuals with valid visas who were arriving in the United States from the included countries and were detained following the order. According to the American Civil Liberties Union, 100 to 200 individuals were detained at airports or in transit at the time of the stay. The executive order temporarily suspended the issuance of visas to individuals from seven countries and temporarily suspended all refugee admissions.
    • For a detailed timeline of events related to the executive order, see this page.

Sunday, January 29

Permanent Residents Exempted from Executive Order

  • Secretary of Homeland Security John F. Kelly issued a statement exempting lawful permanent residents ( green card holders) from President Donald Trump’s January 27, 2017, executive order, deeming the entry of these individuals to be in the national interest. “Absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations,” the statement said.

Monday, January 30

Sally Yates’ Memo

  • Sally Yates, then-acting attorney general, sent a letter to her colleagues at the Justice Department stating that the department would not defend President Donald Trump’s January 27, 2017, executive order in court while she was head of the department. “At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities [as Acting Attorney General] nor am I convinced that the Executive Order is lawful,” the letter stated.
  • Later that evening, President Donald Trump relieved Yates from her post, issuing a statement that read, “The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States.” Trump appointed Dana Boente, U.S. attorney for the Eastern District of Virginia, to serve in her place until a nominee is formally confirmed by the Senate.

Tuesday, January 31

SCOTUS Nomination Comes Down

Senior Status

Judicial Retirement

Senate Committee Approve Perry and Zinke Nominations

Executive Order on LGBTQ Rights Remains in Effect

DeVos Committee Vote

Wednesday, February 1

House Vote to Repeal Stream Regulation

  • The U.S. House of Representatives voted for a resolution under the Congressional Review Act disapproving of the U.S. Interior Department’s 2016 stream regulation. The regulation, also known as the Stream Protection Rule, would require 100-foot buffer zones between streams and coal mining sites. In addition, the rule would require coal mining companies to restore streams to their pre-mining conditions after mining is completed. The resolution passed by a vote of 228 to 194. On January 30, Senate Majority Leader Mitch McConnell (R) and Sen. Shelley Moore Capito (R) introduced a similar resolution in the Senate to repeal the rule.

Updated Guidance on Immigration Order

  • During a news conference, White House Press Secretary Sean Spicer announced that White House counsel had published updated guidance on how President Donald Trump’s January 27, 2017, executive order temporarily banning entry of individuals from Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen would apply to legal permanent residents. Initially, green card holders would have had to request a waiver and be rescreened to avoid detention. Spicer said that green card holders would no longer need to do so.

SCOTUS Nominee Begins Meetings on the Hill

Senior Status

Judicial Retirement

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

Price Committee Vote

  • The Senate Finance Committee voted to favorably report the nomination of Tom Price for secretary of health and human services. The vote was 14-0, with no Democrats in attendance. The nomination will now go before the full Senate for confirmation.
  • On January 31, 2017, Democratic members of the Senate Finance Committee boycotted the meeting to vote on Price's nomination. On February 1, 2017, Democrats again boycotted the committee's meeting. In a letter to committee Chairman Sen. Orrin Hatch (R-Utah), the Democratic members of the committee said, "We have significant concerns that both Mr. Mnuchin and Congressman Price gave inaccurate and misleading testimony and responses to questions to the Committee." Republicans then suspended the committee's rule that requires a member of the minority party be present for a vote and moved to approve the nomination out of committee.

Thursday, February 2

SCOTUS Nominee Continues Senate Meetings

Republicans on Senate Committee Approve EPA Administrator Nominee

  • Republican members of the U.S. Senate Committee on Environment and Public Works revised committee rules to allow the committee's Republican senators to vote on the nomination of Oklahoma Gov. Scott Pruitt (R) to be administrator of the Environmental Protection Agency (EPA). On February 1, the committee's Democratic senators did not attend the scheduled committee vote so as to deny a quorum allowing a committee vote on Pruitt's nomination. Prior to the revisions, the committee rules required at least two members of the minority party to form a quorum. The 11 Republican committee members all voted in favor of Pruitt's nomination, which will be taken up by the full Senate.

Friday, February 3

SCOTUS Confirmation Timetable

  • In an interview with Roll Call, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) announced his intention to complete hearings on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court within a six-week timetable. The timetable coincides with the start of the U.S. Senate’s Easter recess, which is tentatively scheduled to run from April 10 to 21, 2017, according to the U.S. Senate’s legislative calendar. According to Sen. Grassley, “We will try to have the hearing in one day, but before that one day that you ask him questions, there’s going to be one day of speeches by members of the committee, and the candidate’s going to have to sit there, and listen to that … That could be a short day if we’ve got one round. Or if we’ve got two rounds or three rounds, it could get to be a long day, but ... my intention is to get it done that one day.” A third day of hearings would be dedicated to testimony from outside witnesses. The U.S. Supreme Court’s final argument sitting of the court’s current term begins on Monday, April 17, so if Judge Gorsuch is not confirmed before the Easter recess, it is unlikely he would sit for any cases during the court’s current term.

Senior Status

Dodd-Frank Executive Order Signed

  • President Donald Trump signed two executive orders on financial regulation. The first order is a directive to, within 120 days, gather input and solicit recommendations from heads of regulatory agencies on parts of the Dodd-Frank Act to change. The second order directs the Department of Labor to delay implementation of the Fiduciary Rule, a rule establishing retirement advisors as fiduciaries—i.e., advisors legally required to act in the best interests of their clients rather than their own financial interests. The Fiduciary Rules was originally scheduled to go into effect in April.

An Interim Replacement for Sen. Sessions

 

Congress is IN session SCOTUS is NOT in session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Monday-Wednesday. The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Tuesday, February 21, 2017.

What’s On Tap Next Week

Saturday, February 4

DNC Detroit Forum

  • The Democratic National Committee (DNC) will hold a forum in Detroit. The forum will address electing new members to the DNC as well as candidates for office. Detroit Mayor Mike Duggan, DNC Chairwoman Donna Brazile, and others will speak at the forum. This is the third of four DNC forums being held.

Monday, February 6

DeVos Confirmation Vote

  • The U.S. Senate is expected to hold a final confirmation vote on the nomination of Betsy DeVos for secretary of education. The Senate voted on Friday, February 3, to end debate on the matter and advance her confirmation. The vote was 52-48 along party lines. Monday’s vote is expected to be a 50-50 tie; Vice President Mike Pence will be present to break the tie.

Thursday, February 9

Kansas Nominating Convention for Pompeo’s Replacement

 

Where was the president last week? Federal judiciary
President Donald Trump traveled to Dover Air Force Base to witness the body of Chief Special Warfare Operator William Owens return to U.S. soil after he died during a military raid in Yemen. On Friday, Trump headed to Mar-a-Lago, his estate in Florida. According to Press Secretary Sean Spicer, “On Friday, the president will depart from this White House to the winter White House down at Mar-a-Lago, where he’ll spend the weekend and be holding meetings.”  
  • 126 total federal judicial vacancies
  • 0 pending nominations
  • 14 future vacancies

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

State and Local

Highlights

State

  • On Wednesday, February 1, the South Dakota State Senate voted 27-8 to repeal Measure 22, and Gov. Dennis Daugaard (R) signed the bill into law. Approved with almost 52 percent of the vote last November, Measure 22 became the first 2016 initiative fully repealed by a state legislature. Because the legislation was approved with emergency status, it will take effect immediately upon its signing, and it cannot be overturned by voters through a veto referendum petition. Measure 22 revised state campaign finance and lobbying laws and created a publicly funded campaign finance program and an ethics commission. South Dakota is one of 12 states with an initiative process that does not have a restriction on when or how legislators can repeal or amend citizen-approved initiatives that change state statute.

Local

  • On Tuesday, January 31, New York City Mayor Bill de Blasio (D) announced that the city had reached a contract agreement with the leadership of the Patrolmen's Benevolent Association. If approved by the police union’s membership, this would be the first contract between the city and its police officers since 2012. The contract would retroactively begin in August 2012 and conclude in July 2017. The city's labor commissioner and chief negotiator, Robert Linn, announced that the compounded raise for police officers amounted to 11.73 percent, most of which would go into effect immediately upon the contract’s finalization. The contract also reduces the salary schedule for new police officers and requires police officers below the rank of sergeant to wear body cameras before 2020.
    • New York City is holding elections for mayor and city council in 2017. Mayor de Blasio has announced that he will run for re-election. The primary election will be held on September 12, and the general election will be held on November 7, 2017. There will also be a special election for the District 9 seat on the city council on February 14, 2017, although that seat will be back on the ballot in November. It was vacated by Councilwoman Inez Dickens (D), who was elected to the New York State Assembly in November 2016. New York City is the largest city in the U.S. by population.
 

State

The Week in Review

Ballot measures update

2017

  • So far, five statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, and Ohio. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots.
    • The next signature filing deadline for citizen initiatives in 2017 is in Ohio on July 5.
    • An indirect initiative petition addressing casinos was certified as valid and sufficient and sent to the legislature in Maine; it will go before voters if the legislature does not approve it.
    • Signatures for a 2017 initiative related to Medicaid expansion in Maine were submitted.

2018

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

Monday, January 30

Resignation in the Nebraska Senate

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

Washington Attorney General Announces Plans to Sue Trump Administration

  • Washington Attorney General Bob Ferguson (D) announced his plans to sue the Trump administration over the executive order that prevented citizens from seven countries from entering the United States. The executive order suspended the issuance of visas to individuals from Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen and suspended refugee admissions to the United States for 120 days while the process is reviewed for additional national security measures that could be implemented. Six other Democratic attorneys general pledged to join Ferguson in fighting the executive order. In addition to the federal lawsuit, Ferguson said he will ask the court to immediately halt the implementation of the order, saying it harms both the economy and families in Washington. There are currently 25 Republican, 21 Democratic, and four nonpartisan attorneys general in the United States.

New York Legislature Refers Pension Amendment to November Ballot

  • The New York State Legislature referred an amendment to the November 2017 ballot designed to authorize judges to reduce or revoke the public pension of a public officer convicted of a felony related to his or her official duties. The issue of pension forfeiture for public officials rose to prominence following the criminal convictions of multiple elected officials, including Speaker of the Assembly Sheldon Silver (D-65) and Senate Majority Leader Dean Skelos (R-9) in 2015. Between 2000 and 2015, 16 public officials collected pensions after their criminal convictions. As of 2015, the state pension system was paying out about $531,000 per year to 14 former public officials convicted of crimes. A March 2015 Quinnipiac University Poll discovered that 76 percent of 1,228 voters in New York were in favor of elected officials losing their pensions if convicted of a felony. This measure is one of two qualified so far for the November 2017 ballot in New York.

Idaho State Rep Sponsors Bill Regarding Immigration and Local Law Enforcement

  • Idaho State Rep. Greg Chaney (R) sponsored a bill that would require local law enforcement officials to assist federal agencies in handling immigration issues. The legislation would effectively outlaw sanctuary cities in the state. Idaho currently has no cities that operate as sanctuary cities. The bill was passed through the State Affairs Committee and will now head to the full chamber for consideration. A November 2016 study by Ballotpedia found that 21 of the largest 100 cities by population in the United States either self-identified or were identified by others as sanctuary cities. Idaho is currently one of 25 Republican trifectas.

Arizona Senate Committee Advances Bill Regarding Immigration and Sentencing

  • An Arizona Senate committee voted 5-3 along party lines to advance a bill to the full chamber that would require judges to sentence immigrants living in the country illegally to jail sentences after a felony conviction. The law is referred to as “Grant’s Law” by proponents and is named after Grant Ronnebeck. Ronnebeck was killed by an immigrant living in the country illegally. His killer was sentenced to two years of probation and handed over to federal officials, who released him on bond pending deportation proceedings. The state’s branch of the American Civil Liberties Union spoke out in opposition to the bill, saying, “This bill creates a separate but unequal sentencing scheme based solely on a person's immigration status.” Arizona is currently one of 25 Republican trifectas.

Washington State Rep Resigns

  • Washington State Rep. Shelly Short (R) announced her resignation after she was appointed to the Washington State Senate. Short will fill the vacancy created by Brian Dansel’s (R) departure after he took a job as a special assistant in the U.S. Department of Agriculture. A shortlist of three candidates are already vying to take Short’s place: Jacquelin Maycumber, Short’s legislative assistant; former state Rep. John Smith (R), who served in the state Senate for a session before losing a re-election bid to Dansel; and Larry Stickney, an activist. One of them will be appointed by county commissioners to fill Short’s House seat. Short’s appointment restores Republicans’ 25-24 majority in the Washington Senate. While there are technically 25 Democrats in the chamber, one Democrat— Tim Sheldon—caucuses with Republicans. Washington is currently one of 19 states under divided government.

Tuesday, January 31

Iowa Special Election

  • A special election took place in Iowa, where Monica Hosch Kurth (D) defeated Mike Gonzales (R) for the District 89 seat in the Iowa House of Representatives. The seat is vacant following Jim Lykam's (D) election to the state Senate. A contested election for this seat last took place in 2012, when incumbent Lykam defeated a Republican challenger 68-32. Lykam was unopposed during re-election bids in both 2014 and 2016. Hosch Kurth will serve a two-year term and will need to run for re-election in November 2018. Her victory means Republicans will have a 59-41 majority in the 100-member chamber. Iowa is currently one of 25 Republican trifectas.

Cost Per Required Signature on Drug Price Initiative Triples from California to Ohio

  • Campaign finance data released by the state revealed that the AIDS Healthcare Foundation, the organizers of the Ohio Drug Price Standards Initiative, spent $10.13 per required signature for the initiative to appear on the November 2017 ballot. The group hired PCI Consultants, Inc.—paying the company about $1.87 million to collect the 184,354 valid signatures required. This is about triple what the same group spent per signature ($3.36) for Proposition 61, a similar measure in California. The AIDS Healthcare Foundation paid the same company—PCI Consultants—$1.35 million to collect the 365,880 required to put Prop. 61 on the ballot in 2016. In 2016, the average cost per required signature for initiative and referendum petitions across the country was $5.63, and the average was $6.49 in 2015. The Ohio initiative would require state agencies and programs to purchase prescription drugs at prices no more than what the U.S. Department of Veterans Affairs pays for them. Currently, the initiative is the only measure certified for the 2017 ballot in Ohio.

Delaware’s First Special Election Campaign Finance Reports Released

  • The first campaign finance reports released in the special election that will decide control of the Delaware State Senate revealed that more than $200,000 had been raised thus far. That total nearly doubles the $104,000 that the previous incumbent raised during her 2014 re-election campaign. As of January 31, Stephanie Hansen (D) led the field with $108,000 raised, while John Marino (R) had raised $95,000 and Joseph Lanzendorfer (L) had raised $300. Marino, at the time, had more cash on hand, with $68,000 to Hansen’s $64,000. After the February 25 special election, either Democrats or Republicans will walk away with an 11 to 10 majority. If Republicans win the election, they will control the chamber for the first time in 40 years and break the state’s Democratic trifecta, which has been in place since 2009. The seat became vacant following Bethany Hall-Long's (D) election as lieutenant governor of Delaware.

Both candidates have already raised significantly more than the average Delaware State Senate candidate did in 2014. In that general election, 22 candidates raised a little more than a million dollars, at an average of $49,544 per candidate. That average ranked Delaware 33rd out of 42 state senates with elections that year, when the national average was $148,144 per candidate.

Arkansas House Passes Voter ID Bill

  • The Arkansas House of Representatives passed a bill 74-21 that would require voters to present photo identification before voting. The Arkansas Supreme Court struck down a similar law in 2014, so some representatives are drafting a constitutional amendment to refer to the voters. The bill’s sponsor, Mark Lowery (R), said he focused on what he called a lack of confidence in the voting system. Opponents of the bill said it could have the opposite effect. “If people who are lawfully registered to vote . . . are turned away from the ballot, that is not going to instill more confidence in the democratic process,” said Clarke Tucker (D). The legislation would still need to pass the state Senate and be signed by Gov. Asa Hutchinson (R) before becoming law. If signed by the governor, the law would make Arkansas the 17th state in the country to require voters to present photo identification. Arkansas is currently one of 25 Republican trifectas.

State Senate Advances Bill to Make California a Sanctuary State

  • The California Senate Public Safety Committee advanced a bill along a party-line vote that would expand sanctuary status to the entire state. A sanctuary jurisdiction refers to a city, county, or state that has enacted policies that limit the involvement of local officials in the enforcement of federal immigration law. The bill would prohibit state and local law enforcement from spending money on enforcing federal immigration laws and ban the enforcement of immigration laws in state schools, health facilities, and courthouses. On January 25, President Donald Trump (R) signed an executive order to eliminate federal funding to cities and states that operate as sanctuary jurisdictions. California is currently one of six Democratic trifectas.
    • On January 24, California Gov. Jerry Brown (D) delivered a State of the State address that the New York Times called “a fiery anti-Trump message.” The self-written speech, titled “California Is Not Turning Back, Not Now, Not Ever,” declared resistance to the climate change and immigration policies of the new administration.
    • Earlier this year, the California State Legislature announced it would retain former U.S. Attorney General Eric Holder to represent the state in any legal disputes with the federal government. State Sen. Kevin de León (D) said at the announcement that “the former attorney general of the United States brings us a lot of firepower in order to prepare to safeguard the values of the people of California.”

Missouri Supreme Court Rules on Amendment 2

  • The Missouri Supreme Court ruled unanimously that Amendment 2, approved by voters in 2014, could be applied to cases where the crime allegedly happened before the amendment took effect. Amendment 2 allows relevant evidence of prior criminal acts, also known as propensity evidence, to be admissible in court in prosecutions of sexual crimes involving a victim under 18 years old. The court’s ruling means that this propensity evidence can be used in cases where the alleged crime occurred before December 2014. The court’s ruling said that the amendment “applies to all trials occurring on or after the effective date of the amendment, regardless of when the crimes are alleged to have occurred.” Amendment 2 passed with nearly 72 percent of the vote in November 2014.

Alabama Special Election

Wednesday, February 1

Oregon Starts Its Session

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

Oregon Representative Resigns

  • Oregon Representative Victor Gilliam (R) resigned at the start of the state’s legislative session. Gilliam, who was diagnosed with ALS in 2015, did not directly cite the disease in his resignation letter. He wrote that “several changes in life show it’s time to announce my resignation as your state representative.” The Board of County Commissioners representing the vacant seat must select a replacement from the same political party within 30 days. House Democrats will have a 35-24 majority while Gilliam’s seat remains vacant. Oregon is currently one of six Democratic trifectas.

Oregon Senator Proposes Raising Legal Age to Purchase Tobacco

  • Oregon State Sen. Elizabeth Steiner Hayward (D) proposed legislation that would raise the legal age to buy tobacco from 18 to 21. The bill was sponsored in the state House by Richard Vial (R). Steiner Hayward has attempted to pass similar bills in recent years but has said that this year, she has garnered bipartisan support; she did not say exactly how many legislators support her proposal. Hawaii (January 2017) and California (June 2016) have recently implemented similar laws, and neighboring Washington considered the issue in 2016. Oregon is currently one of six Democratic trifectas.

California Supreme Court Hears Case on Prop 66

  • The California Supreme Court agreed to hear a case disputing the legality of Proposition 66, which required the court to rule on death penalty appeals within five years of sentencing. In December, the court put a hold on implementation of the measure until it decided whether to hear the case. Now, with arguments on the horizon, the court extended the hold until after a ruling is issued. The plaintiffs in the case are John Van de Kamp, a former California attorney general, and Ron Briggs, a former El Dorado County supervisor. They argue that Proposition 66 is unconstitutional. Proposition 66 passed with 51 percent of the vote in November 2016.

Texas Governor Will Block State Funding to Sanctuary Cities

  • Texas Gov. Greg Abbott (R) announced he would be blocking state funding to sanctuary cities across the state. A sanctuary city refers to a city that has enacted policies that limit the involvement of local officials in the enforcement of federal immigration law. The move comes shortly after an announcement by Sheriff Sally Hernandez (D) that Travis County jails would not honor immigration detainers except in cases of murder, aggravated sexual assault, and human trafficking. Abbott made a sanctuary city ban one of the key points of his recent State of the State address to the state legislature. A November 2016 study by Ballotpedia found that 21 of the largest 100 cities by population in the United States either self-identified or were identified by others as sanctuary cities.

South Carolina Names New State Supreme Court Justice

Connecticut Governor Nominates Replacement to State Supreme Court

Virginia House Passes Voter ID Law

  • The Virginia House of Delegates voted 64-33 along party lines to pass a law that would require voters to prove they are a citizen. The bill’s sponsor, Mark Cole (R), said that it was designed to prevent non-citizens from either accidentally or intentionally registering to vote. While courts have ruled that citizenship proof could not be a requirement on federal voter registration forms, Cole said the bill will only apply to state and local registration. Critics of the legislation said that the legislation would force people to dig up paperwork they might not have easy access to. Although the legislation would also need to pass the Senate, it is unclear if Gov. Terry McAuliffe (D) would sign the bill. McAuliffe has stated his desire to repeal the state’s voter photo identification law. Virginia is currently one of six states with a strict photo identification requirement for voters.

Thursday, February 2

Oregon Governor Expands Sanctuary Policies

  • Oregon Gov. Kate Brown (D) issued an order expanding sanctuary city policies across the state. Although Oregon has blocked state and local police from detaining individuals based on immigration violations, Brown’s order will extend that to all government agencies. Brown also asked Attorney General Ellen Rosenblum (D) to pursue a legal challenge to Trump’s executive order on immigration. Brown cited the recent arrest by ICE agents of immigrants without documentation around the Multnomah County Courthouse without county or court authorization as the cause for her order. Oregon is currently one of six Democratic trifectas.

Maine Senate Votes to Ask State Supreme Court for Guidance

South Dakota House Passes Voter ID Law

  • The South Dakota House of Representatives passed a bill 74-16 that would remove the option for voters without valid identification to sign an affidavit and still be able to vote. Instead, under House Bill 1369, the vote would be set aside and not counted unless the voter’s identity is confirmed. In September 2016, a federal judge ordered the state to use the affidavit system, with more than 16,000 filed in the November 2016 election. HB 1369 defines acceptable forms of identification as a driver’s license, a nondriver’s identification card, or a tribal ID. North Dakota is currently one of 19 states with no voter identification requirements.

Missouri Legislature Approves Right-to-Work Bill

  • The Missouri General Assembly sent a right-to-work bill to Gov. Eric Greitens (R) for his signature. The governor has said for weeks that he would sign the bill, and Missouri will become the 28th state with right-to-work legislation if he does. The legislation prohibits unions from requiring workers to pay dues as a condition of their employment. It includes a grandfather clause for existing union contracts, and it would not take effect in those instances until the contracts expire. Similar legislation had previously passed and been sent to the former governor, but Jay Nixon (D) vetoed it. When Republicans flipped control of the governor’s mansion in the 2016 election, Missouri became a Republican trifecta.

 

What’s On Tap Next Week

Monday, February 6

Two More States Begin Legislative Sessions

  • State legislative sessions will begin in Nevada and Oklahoma. Nevada is currently under divided government after both chambers flipped from Republican to Democratic control in the 2016 elections. Oklahoma, meanwhile, is one of 25 Republican trifectas. In total, 212 legislators will be back to work across those two states. That number accounts for 2.8 percent of the 7,383 state legislators across the country.

Tuesday, February 7

Alabama Legislators Begin Session

  • The state legislative session will begin in Alabama. Alabama is currently one of 25 Republican trifectas. The state’s 140 legislators—a number that represents 1.9 percent of the 7,383 state legislators across the country—will be back to work.

Virginia’s Special Election

Wednesday, February 8

West Virginia Begins Its Legislative Session

  • The state legislative session will begin in West Virginia. West Virginia is currently one of 19 states under divided government. The state’s 134 legislators—a number that represents 1.8 percent of the 7,383 state legislators across the country—will be back to work. All told, by this point, 91.4 percent of legislators will be in session and back at work for 2017.

 

State government in session

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

State government special elections

As of this week, four state legislative seats have been filled through special elections in 2017. Another 13 elections (not including runoffs) have been scheduled in eight states to fill vacancies.

Due to redistricting, additional state legislative special elections may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court issued an order on January 10, 2017, that would cancel the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order.

  • An average of 89 seats were filled through special elections in each of the past three odd years ( 2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include: February 7, 2017:

February 14, 2017:

February 25, 2017:

February 28, 2017:

Local

The Week in Review

Note: In the previous edition of The Tap, we reported that the candidate filing deadline for Cincinnati and Cleveland in Ohio was February 1, 2017. In Cincinnati, the actual filing deadline will be on February 16 for mayoral candidates and August 24 for city council candidates. In Cleveland, the actual filing deadline will be on June 29, 2017. We apologize for this error.

2017 elections

Monday, January 30

Recall Election in Massachusetts

  • In Shirley, Massachusetts, Town Selectmen Kendra Dumont and Robert Prescott lost their recall elections. Both were recalled by more than 64 percent of the vote; Holly Haase and James Wilson were elected to replace them on the town board. The recall effort began due to Dumont and Prescott’s support for an increased benefits package for Town Administrator Patrice Garvin. The recall affidavits alleged that Garvin’s contract requires public approval for compensation changes. Successive public votes at town meetings in 2015 rejected an increase. Dumont told local media that the recall effort was "a terrible waste of taxpayers money" and that the raise was part of a larger salary increase for town employees. Prescott had argued that a recall should only be used to deal with illegal actions by officials.

Tuesday, January 31

Sanctuary City San Francisco Sues Federal Government

  • San Francisco City Attorney Dennis Herrera sued the federal government in response to President Donald Trump’s (R) executive order on January 25, 2017, withholding federal funding from sanctuary cities. A sanctuary city limits cooperation between its local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE) in order to prevent the deportation of immigrants living in the country illegally. In these cities, government workers and police officers are barred by city policy from asking residents about their immigration status, and compliance with ICE detainer requests is limited. City Attorney Herrera estimated that San Francisco could lose more than $1.2 billion in federal funding as a result of the president’s executive order, and he stated, “The president's executive order is not only unconstitutional, it's un-American.” The city's lawsuit claims that the executive order is a violation of the 10th Amendment to the U.S. Constitution and states, "The Executive Branch may not commandeer state and local officials to enforce federal law." San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.
    • Other municipalities also responded to the executive order:
      • On February 1, Texas Governor Greg Abbott (R) announced that Travis County would not receive $1.5 million in criminal justice grants. This was in response to Sheriff Sally Hernandez’s (D) policy of not cooperating with ICE’s request to detain immigrants living in the country illegally if the federal agency does not have a warrant unless the suspect has been charged with murder, aggravated sexual assault, or human smuggling. Hernandez was elected sheriff in November 2016, and part of her campaign platform included enacting sanctuary policies in the county. This loss of funding is a form of state-local preemption. On January 25, 2017, Gov. Abbott also stated, “We will remove [Hernandez] from office.” Travis County is the fifth-largest county in Texas. It had a population of 1,151,145 citizens in 2014, which was approximately 4.3 percent of the state’s total population.
      • On February 1, the Cincinnati City Council in Ohio approved a resolution labeling Cincinnati as a sanctuary city. Mayor John Cranley (D) also referred to Cincinnati as a sanctuary city at a press conference held on January 30, 2017. The mayor’s office and all nine seats on the city council will be up for general election on November 7, 2017. A primary election will be held for the mayoral race on May 2, 2017. Cincinnati is the third-largest city in Ohio and the 65th-largest city in the U.S. by population.
      • On February 1, the Boston City Council in Massachusetts debated whether to use the word “sanctuary” to refer to the city or its public school district. City Councilor Tito Jackson (D), who has declared that he will run for mayor against incumbent Martin Walsh (D) later this year, requested that the city hold a hearing in order to confirm that Boston Public Schools would remain a sanctuary for students. He stated, “The question is whether or not people know that we are on their side.” City Councilor Timothy McCarthy (D), who indicated he would support the holding of a hearing on that subject, stated that the city should refrain from using the word “sanctuary” and stated, “If we are utilizing that word ‘sanctuary’ and that is going to cost us millions of dollars from the federal government, it concerns me.” Another city councilor, Mark Ciommo (D), agreed with McCarthy. The mayor’s office and all 13 seats on the city council will be up for general election on November 7, 2017. A primarily election will be held for races with more than two candidates filed per seat on September 26, 2017. Boston is the largest city in Massachusetts and the 24th-largest city in the U.S. by population.
      • On February 1, a citizen petition was submitted to the Phoenix City Council in Arizona requesting that Phoenix becomes a sanctuary city. The city council is required by city charter to review the petition within 15 days of filing, and the council announced it will do so at its meeting on February 15, 2017. The petition will not necessarily come to a vote; the city council could respond to the petition in a variety of ways, including a staff report on the subject. The petition followed Mayor Greg Stanton (D)’s criticism of President Trump’s executive order as “a divisive attack on Latinos in Phoenix and around the country." Phoenix Law Enforcement Association President Ken Crane responded to the mayor with a public letter, which stated in part, “As police officers that man the front lines with the goal of equal treatment under the law, it appears easy for some liberal politicians ensconced in a 12th floor office in city hall to make statements that only serve to pander to selective and elite voting blocks.” Four of eight seats on the city council will be up for general election on August 29, 2017. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.

Wednesday, February 1

Chicago Teachers Union Issues Resolutions

  • The Chicago Teachers Union governing body issued a pair of resolutions calling for the resignation of Chicago Public Schools CEO Forrest Claypool and criticizing the district for using unpaid staff furloughs to address budget issues. The first resolution, which the Chicago Tribune referred to as “a symbolic gesture,” stated that Claypool had attempted “to dismantle and sabotage the Chicago Public Schools.” The second resolution referred to an unpaid four-day professional development period for district staff, which was enacted by the district school board on January 13, 2017. The board announced that the furlough would save $35 million and stated that it was necessary due to the governor’s veto of $215 million in state government funding for the district. Mayor Rahm Emanuel (D), who appointed both Claypool and the school board, responded to the teacher union resolutions by stating, “Instead of throwing stones at each other, everyone who cares about Chicago's schools and Chicago's students should be focused on coming together to fight for fair funding in Springfield.” He also stated his support for Claypool’s continued tenure as the district’s CEO. Chicago Public Schools is the state’s largest school district. It served 396,641 students during the 2014-2015 school year—approximately 19.1 percent of all public school students in the state.

New Orleans Mayor Bans Salary History Interview Questions

  • In Louisiana, New Orleans Mayor Mitch Landrieu (D) issued an executive order banning city government job applications and interviews from asking applicants about their salary history. His executive order stated, “Inquiries about salary history during the application and interview processes have been shown to perpetuate wage disparities for women.” The executive order also required the city’s Civil Service Commission to research whether pay disparities exist for current city government employees and to estimate the expense of eliminating those disparities. Landrieu was first elected as mayor in 2010 and re-elected in 2014. He previously served as the state’s lieutenant governor from 2004 to 2010 and as a member of the Louisiana House of Representatives from 1988 to 2004. New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S. by population.

New Requirements for NYC Food Vendors

  • New York City Councilwoman Karen Koslowitz (D) introduced a bill that would require street food vendors, including food trucks and carts, to publicly display health inspection letter grades. The same requirement is currently in place for restaurants in the city. When she announced the bill, Koslowitz stated, “You go to a food cart, and you don’t know if it’s in sanitary condition. It’s good for the restaurants, and I think it would be good for the food carts.” Street Vendor Project Director Sean Basinski praised the bill and stated, “Right now vendors are treated much worse than restaurants. They receive more inspections than restaurants do without getting the recognition that goes along with having a letter grade.” Koslowitz’s current tenure on the city council began in 2009, and she also served on the council from 1991 to 2001.

Ohio Filing Deadlines

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

Thursday, February 2

Atlanta Mayor Calls for Increased City Sales Tax

  • In Georgia, Atlanta Mayor Kasim Reed (D) called for the city to increase its sales tax in order to generate revenue for arts funding. The city’s sales tax is currently set at 9 percent after it was increased in November 2016 when voters approved a pair of public transportation referendums. The mayor specifically requested that the city council put a referendum on the November 2017 ballot to increase the sales tax by 0.1 percentage point. In his speech, he said, “Organizations like the Woodruff Arts Center are thriving, but our small- and medium-sized groups, our young and emerging arts, need additional support.” Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

Filing Deadline in Henderson, Nevada

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

Friday, February 3

Las Vegas Filing Deadline

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

 

What’s On Tap Next Week

Monday, February 6

Gallup-McKinley County Board of Education Discusses Notice from State

  • The Gallup-McKinley County Board of Education will hold a board meeting to discuss the Notice of Disapproval and Failure to Meet Requirements it received from the New Mexico Public Education Department. The notice, which was also addressed to Superintendent Frank Chiapetti, was sent on December 15, 2016. The notice instructed board members to withdraw an existing directive to the superintendent, provide a plan on how board members would avoid engaging in actions under the responsibility of the superintendent, and require the Indian Education Committee to comply with the directives from the Public Education Department. The board faces suspension if it does not comply with the notice.
    • Three of the five seats on the district’s school board will be up for general election on February 7, 2017. Only District 2 incumbent Sandra Jeff is running for re-election; District 4 incumbent Joe Menini and District 5 incumbent Lynn Huenemann did not file to run for re-election. Gallup-McKinley County Schools is the state’s sixth-largest school district. It served 11,947 students during the 2014-2015 school year—approximately 3.5 percent of all public school students in the state.

Tuesday, February 7

General Elections in New Mexico

  • Five seats on the Central New Mexico Community College Governing Board in Bernalillo County will be up for general election. The incumbents of Districts 1, 3, 4, and 5 are running for re-election. Michael DeWitte, the District 7 representative, did not file for re-election, creating an open race between Michael Glennon and Harold Murphree. Only District 3 incumbent Thomas Swisstack is running unopposed for re-election. Bernalillo County is the largest county in New Mexico. It had a population of 675,551 citizens in 2014, which was approximately 32.4 percent of the state’s total population.
  • Nine of the largest school districts in New Mexico, as measured by student enrollment, will have a total of 25 school board seats up for general election. Albuquerque Public Schools will have four of its seven school board seats up for election. It is the state’s largest school district and served 93,001 students during the 2014-2015 school year. The nine school districts served a combined total of 207,742 students—approximately 61.4 percent of all public school students in the state.

Recall Elections in Colorado

  • In Crawford, Colorado, Mayor Wanda Gofforth faces a recall election. The recall effort began due to allegations that the mayor had exceeded her authority, exceeded the city's budget for legal fees by hiring Brown & Camp, LLC without council approval, and failed to conduct town meetings within boundaries of state open meeting requirements. In an interview with a local television station, Mayor Gofforth stated, “They think I’m like the president, like I have executive power. I do not. The mayor has no more power than the other trustees. I just feel that what is right is what we did. We might have made an error with one meeting, but other than that we have been very open about what is going on.” The recall election is being conducted via mail-in ballots. If the recall is approved, Gill Saunders is running to become the new mayor.
  • In Federal Heights, Colorado, Mayor Daniel Dick and City Councilman John Hamlin will face a recall election. The recall effort began due to concerns about the city's rental inspection program. Mayor Dick and Councilman Hamlin supported a 2013 program that opponents criticized as unfair to renters. The two city officials unsuccessfully appealed the city clerk’s decision that enough valid petition signatures were collected to put the recall election on the ballot. The recall election is being conducted via mail-in ballots.

Friday, February 10

Alaska Filing Deadlines

  • FILING DEADLINE: The filing deadline will pass to run for six of the 11 seats on the city council in Anchorage, Alaska. The general election will be held on April 4, 2017. Anchorage is the largest city in Alaska and the 63rd-largest city in the U.S. by population.
  • FILING DEADLINE: The filing deadline will pass to run in the general election for two of the seven seats on the Anchorage School District school board—one of the largest school districts in Alaska, as measured by student enrollment. The general election will be held on April 4, 2017. The Anchorage School District is the state’s largest school district. It served 48,089 students during the 2014-2015 school year—approximately 36.6 percent of all public school students in the state.

 

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Fact Check

Fact Check by Ballotpedia

Federal fact checks

Fact check/Did 60 percent of Andrew Puzder's company's restaurants violate the Fair Labor Standards Act?

Secretary of labor nominee Andrew Puzder is facing accusations that CKE Restaurants, Inc., regularly violated labor law during his tenure as CEO. In The Hill, San Francisco State University professor John Logan claimed, “According to a major study by the Department of Labor, 60 percent of CKE restaurants had at least one Fair Labor Standards Act violation.” The 60 percent figure isn't from a Labor Department study. It's from a Bloomberg BNA analysis that examined Labor Department reports on 60 of CKE’s 2,935 Hardee’s and Carl’s Jr. restaurants.

Fact check/Did the Supreme Court strike down major parts of the Voting Rights Act?

During a confirmation hearing for Jeff Sessions’ attorney general appointment, Hawaii Sen. Mazie Hirono (D) referred to “the Supreme Court's decision that did away with major parts of the Voting Rights Act.” In Shelby County v. Holder, the Supreme Court struck down section 4(b) of the act, which prescribes the formula for determining which states and political subdivisions are subject to federal preclearance for new voting laws under Section 5. The decision rendered Section 5 unenforceable until an updated formula is established, but it did not do away with Section 5.

State and local fact checks

Fact check/Did the North Carolina legislature eliminate state supreme court oversight of the General Assembly?

Rev. William J. Barber II, president of the North Carolina NAACP, criticized state legislation that he claims “seeks to remove oversight of the General Assembly's actions from the North Carolina Supreme Court's purview.” Barber’s assessment of the legislation is incorrect. The North Carolina Supreme Court retains authority to hear cases involving the General Assembly. Recent legislation only eliminated the right of direct appeal to the state supreme court for certain trial court cases.

Fact check/Is Oregon seriously underfunding education?

Stressing the need for a legislative solution to Oregon's projected budget deficit, state Sen. Mark Hass claimed, “We’re seriously underfunding education.” We discovered the following: (1) Oregon's total education spending and education spending as a portion of all state spending has decreased since the FY 2005-2007 biennium. (2) Per-pupil spending increased between FY 2005 and FY 2014. (3) The proportion of revenues expended federally and locally for education decreased, and the proportion of state funds increased, between FY 2005 and FY 2014.

 

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