The Tap: Wednesday, August 31, 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 #32 of The Tap, which was published on September 3, 2016. READ THE FULL VERSION HERE.

Federal

• Donald Trump delivered a speech in Arizona where he discussed immigration policy, saying, “For those here illegally today who are seeking legal status, they will have one route and one route only. To return home and apply for re-entry like everybody else under the rules of the new legal immigration system that I have outlined today.” In the speech, Trump laid out a 10-point plan on immigration policy:
  • One: “We will build a great wall along the southern border. And Mexico will pay for the wall.”
  • Two: “We are going to end catch and release. … Under my administration, anyone who illegally crosses the border will be detained until they are removed out of our country and back to the country from which they came.”
  • Three: “Zero tolerance for criminal aliens. Zero. They don't come in here. They don't come in here. … We're going to triple the number of ICE deportation officers. … We're also going to hire 5,000 more Border Patrol agents.”
  • Four: “Block funding for sanctuary cities. We block the funding. No more funds.”
  • Five: “Cancel unconstitutional executive orders and enforce all immigration laws. We will immediately terminate President Obama's two illegal executive amnesties in which he defied federal law and the Constitution to give amnesty to approximately five million illegal immigrants, five million.”
  • Six: “Suspend the issuance of visas to any place where adequate screening cannot occur.”
  • Seven: “Ensure that other countries take their people back when they order them deported.”
  • Eight: “We will finally complete the biometric entry-exit visa tracking system which we need desperately. … The politicians are all talk, no action, never happens. Never happens. … In my administration we will ensure that this system is in place.”
  • Nine: “Turn off the jobs and benefits magnet. We will ensure that E-Verify is used to the fullest extent possible under existing law.”
  • Ten: “Reform legal immigration to serve the best interests of America and its workers the forgotten people. Workers. We're going to take care of our workers.”
  • See also: Donald Trump presidential campaign, 2016/Immigration

• Hours before his speech in Arizona, Trump met with Mexican President Enrique Peña Nieto. The meeting was private, but afterwards Trump and Peña Nieto held a brief press conference and took questions. Trump reiterated his opposition to NAFTA and illegal immigration as well as his support for strong immigration laws and border security, saying, “having a secure border is a sovereign right and mutually beneficial.” But Trump also commented on his personal relationship with Mexicans, his desire to keep jobs in the Western Hemisphere, and the United States’ relationship with Mexico.
  • Personal relationship with Mexicans and Mexican Americans: “And I happen to have a tremendous feeling for Mexican Americans not only in terms of friendships, but in terms of the tremendous numbers that I employ in the United States and they are amazing people, amazing people. I have many friends, so many friends and so many friends coming to Mexico and in Mexico. I am proud to say how many people I employ.”
  • Jobs in the Western Hemisphere: “There are many improvements that could be made that would make both Mexico and the United States stronger and keep industry in our hemisphere. We have tremendous competition from China and from all over the world. Keep it in our hemisphere. Workers in both of our countries need a pay raise, very desperately. … When jobs leave Mexico, the U.S. or Central America and go over seas, it increases poverty and pressure on social services as well as pressures on cross border migration.”
  • U.S.-Mexico relations: “The United States and Mexico share a 2,000-mile border, a half a trillion dollars in annual trade and one million legal border crossings each and every day. We are united by our support for democracy, a great love for our people and the contributions of millions of Mexican Americans to the United States.”
• When asked if he discussed with President Peña Nieto his plan for Mexico to pay for a wall along the U.S.-Mexico border, Trump said, “We did discus the wall, we didn't discuss payment of the wall. That will be for a later date.” Later, however, Peña Nieto tweeted, “At the beginning of the conversation with Donald Trump, I made clear that Mexico will not pay for the wall” (translation).
• Hillary Clinton delivered a speech focused on American exceptionalism at the American Legion national convention in Ohio. She said, “When we say America is exceptional, it doesn't mean that people from other places don't feel deep national pride just like we do. It means that we recognize America's unique and unparalleled ability to be a force for peace and progress, a champion for freedom and opportunity. … And it’s not just that we have the greatest military or that our economy is larger than any on Earth. It’s also the strength of our values, the strength of the American people. Everyone who works harder, dreams bigger and never, ever stops trying to make our country and the world a better place. And part of what makes America an exceptional nation, is that we are also an indispensable nation. In fact, we are the indispensable nation.”
  • See also: Hillary Clinton presidential campaign, 2016/Foreign affairs
• James Clad, a former deputy assistant secretary of defense under George W. Bush, endorsed Clinton. He said, “Secretary Clinton has demonstrated her skills as Secretary of State, especially but by no means exclusively in helping other Asian countries counter Chinese bullying in the western Pacific. For Republicans and Democrats alike, everything in national security requires clarity and steadiness, whether managing nuclear weapons or balancing great power rivalries. Our adversaries must never hear flippancy or ignorance in America’s voice. They should never take satisfaction from an incompetent president. Giving an incoherent amateur the keys to the White House this November will doom us to second or third class status.”
  • See also: Republicans and their declared positions on Donald Trump
• Bill Weld, Gary Johnson’s running mate, published an op-ed in RedState on gun rights. Weld said, “Being a committed supporter of the Constitution means that I support the First Amendment, the Second Amendment, and the entire Bill of Rights. … I agree with the D.C. v. Heller decision. Politicians can't simply ignore part the Constitution because they think it doesn't or shouldn't apply in today's society.” He also commented on calls to regulate semi-automatic weapons, saying, “The problem with banning semi-automatic weapons like the AR-15 is that it is functionally no different from a standard hunting rifle. … However, it makes sense to draw a clear line between legitimate semiautomatic weapons and fully automatic ones.”
  • See also: 2016 presidential candidates on gun control
• Department of Transportation Secretary Anthony Foxx participated in the first commercial passenger flight from the United States to Cuba in more than 50 years. He wrote in a blog post, “Today, I was honored to be part of an historic occasion – arriving in Cuba on the first scheduled flight from the United States in over 50 years, a JetBlue Airways flight from Fort Lauderdale to Santa Clara. … While today’s announcement is an exciting step in the Obama Administration’s historic effort to normalize relations with Cuba, please remember that travel to Cuba for tourist activities remains prohibited by law, and travelers need to fall under one of 12 categories authorized by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).”
• Mike Fernandez, a major donor for Jeb Bush and Rick Scott, said in a Miami Herald op-ed that he plans to vote for Clinton. He said, “I take my civic responsibilities very seriously. None more so than the solemn duty to elect the president of our country. Donald Trump is neither representative of our values nor qualified to lead the nation. … I have arrived at this difficult moment. A moment that may define leaders and followers. I harbor no illusion that Hillary Clinton is perfect; none of us is. I do not see eye to eye on some issues with the former senator from New York. However, Clinton is, without doubt, a superior choice to Donald Trump. … And so my fellow Republicans, swallow hard, look into your heart — and your gut. Vote for Hillary Clinton and then every single Republican on the ticket.”
  • Republicans and their declared positions on Donald Trump
• The U.S. Food and Drug Administration (FDA) announced it will now require the placement of boxed warnings on the labels of opioids, used as painkillers, and benzodiazepines, primarily used to treat anxiety. The boxed warning is the strongest category of the FDA’s label warnings, and its appearance on the two classes of medications is intended to alert patients to the dangers of using them in combination. When used together, the medications can cause extreme sleepiness, respiratory depression, coma, or death. The agency’s press release noted the current opioid epidemic and stated that the new regulations were part of its plan to combat opioid abuse and overdoses. In March 2016, the FDA began requiring short-acting opioid medications to carry a boxed warning about the risk of addiction, abuse, overdose, and death, but the agency has been criticized for what some perceive as a slow response to the epidemic.
• President Barack Obama (D) announced federal programs aimed at assisting the Western United States in adapting to the potential effects of climate change. Most of the spending will come from the U.S. Interior Department, which is expected to spend more than $30 million. The spending will go toward removing dead and dying trees on private and federal land to reduce the risk of forest fires. The U.S. Fish and Wildlife Service will distribute approximately $1 million to keep out invasive mussel species in Lake Tahoe, while the U.S. Environmental Protection Agency (EPA) will distribute a $230,000 grant for stormwater management efforts to improve Lake Tahoe’s water quality. The U.S. Department of Energy will distribute approximately $29 million for geothermal energy research in Nevada and Utah. Other programs include pollution cleanup efforts in California’s Salton Sea.

State

• The United States Supreme Court denied North Carolina's request for a stay of an appellate court decision that overturned a 2013 election reform law that established a photo ID requirement for voters. The 2013 law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and established a photo identification requirement for voters. The law was upheld by a federal judge in April, but the United States Court of Appeals for the 4th Circuit overturned that decision in July. The Fourth Circuit found that the law had been enacted with racially discriminatory intent. The court's opinion read, "In North Carolina, restriction of voting mechanisms and procedures that most heavily affect African Americans will predictably redound to the benefit of one political party and to the disadvantage of the other. As the evidence in the record makes clear, that is what happened here." State officials had petitioned the United States Supreme Court for a stay of that ruling and requested that the high court intervene and allow the state to enforce its voter ID requirement, maintain 10 days of early voting (as opposed to the 17 mandated by the Fourth Circuit), and eliminate pre-registration of 16-year-olds. The high court voted 4-4 on the matter, thereby allowing the Fourth Circuit's decision to stand.
• Maine Governor Paul LePage (R) released a statement apologizing for leaving an obscene voicemail for Democratic state Rep. Drew Gattine last week. "I would like to talk to you about your comments about my being a racist, you (expletive). ... I’ve spent my life helping black people and you little [expletive], socialist (expletive). ... I want you to record this and make it public because I am after you," LePage said in the voicemail according to audio first obtained by the Portland Press Herald. Multiple calls for his resignation came from both major parties in the state, and Republican state Rep. Amy Volk questioned LePage’s mental status. "I apologize sincerely for using such disrespectful language ... . I understand how hurtful statements affect a family," said LePage in the apology. LePage also met with Gattine at the governor's office to personally apologize and later told reporters that he would hereafter communicate with the media via written statements only. LePage has clashed with the Democratic-led state legislature since assuming office in 2010 and had vetoed more than 450 Democratic-sponsored bills as of May 2016. Maine currently has a divided government.
• The Arkansas Medical Marijuana Amendment of 2016 was certified for the November ballot. The Medical Marijuana Amendment would legalize medical marijuana, establishing a Medical Marijuana Commission and placing no limit on the cost for patient card fees. It is competing on the ballot with the Medical Cannabis Act, which would also legalize medical marijuana and place the Arkansas Department of Health in charge of implementing the program. A side-by-side comparison of the measures can be found here.
  • Including this second Arkansas proposal, a total of 10 marijuana-related measures will go before voters across nine states.
  • Seven measures are certified to appear on the Arkansas ballot on November 8, 2016: Issue 1, Issue 2, Issue 3, the Medical Marijuana Act, the Arkansas Limit Contingency Fees and Awards in Medical Cases Amendment, the Medical Marijuana Amendment of 2016 (2016), and the Arkansas Casinos Amendment.

• The Arizona Supreme Court dismissed a lawsuit seeking to remove Proposition 205, the marijuana legalization initiative, from the ballot. The supreme court agreed with a lower court ruling that the initiative petition complied with legal requirements. Arizonans for Responsible Drug Policy, which filed the lawsuit, argued that that the petition summary was misleading and incomplete and that the initiative text failed to provide required funding mechanisms. Representatives of the group opposed to the measure responded to losing the court case by saying they would focus on convincing voters to reject Proposition 205 in November.
  • Proposition 205 was certified for the ballot on August 11, 2016.
  • Ten measures related to marijuana are on the November ballot in nine states.

• Moody’s Investor Services released a report about Illinois’ finances, warning the state that its failure to pass a full budget could more than double the state deficit and result in credit downgrades. The report warned that if the state borrowed from debt service funds to finance state programs and services, it would “signal a deterioration in Illinois’ credit position.” Illinois lawmakers have passed a stop-gap budget to continue functioning, but they have not approved a full budget for the fiscal year. The legislature is not expected to do so until after the November elections. Moody's has already downgraded Illinois’ rating this year, down to Baa2, as a result of the budget impasse.

• Minnesota Supreme Court Justice Christopher Dietzen retired. He is succeeded by Justice Anne McKeig, who was appointed in June by Gov. Mark Dayton (D). McKeig will serve until 2019 and must stand for nonpartisan election in 2018 if she wishes to remain on the bench for a full six-year term. With the retirement of Dietzen, who was appointed by Gov. Tim Pawlenty (R), and the appointment of McKeig, the balance of the court has shifted from a 4-3 majority of justices appointed by Republican governors to a 4-3 majority of justices appointed by Democratic governors. Justice Natalie Hudson, who was appointed by Gov. Mark Dayton in 2015, is up for election to a full term in November; she is being challenged by attorney Michelle MacDonald.

Local

• The Minnesota Supreme Court unanimously ruled that neither a $15 minimum wage proposal nor a police insurance proposal could go before Minneapolis voters on the ballot on November 8, 2016. The court released a brief opinion stating that the Minneapolis city charter does not grant citizens the right to vote on policy decisions. Instead, full power over policy is vested with the city council. The court also said that the police insurance proposal, which would require police officers to carry professional liability insurance, would conflict with a state law that requires cities to back employees in legal matters.
  • Ginger Jentzen, director of minimum wage advocacy group 15 Now, expressed frustration over the decision. According to Jentzen, months of activism had created support for the higher minimum wage on city council. “Clearly, pushing on the City Council for $15 as an ordinance is the path we want to go down now,” Jentzen commented. While Mayor Betsy Hodges (D) has expressed tentative support for a minimum wage increase, the Minneapolis Regional Chamber of Commerce interim president supports only state-level minimum wage reform, not changes at the city level.
  • Backers of the police insurance reform also expressed frustration with the decision. The chairman of the Committee for Professional Policing, the group that authored the police insurance proposal, said they are exploring legal action in the matter.
  • In response to both sides, City Attorney Susan Segal said that the decision was about a legal matter and not a comment on the merits of either issue. Minneapolis is the largest city in Minnesota and the 46th-largest city in the U.S. by population.
  • Debates over the minimum wage have become commonplace in cities across the United States.
    • Des Moines Mayor Frank Cownie called for a $15 minimum wage for city workers. All city job descriptions and functions would be evaluated, and Cownie announced he would seek feedback from the city council and legal advisers.
    • The Baltimore City Council voted 7-4 to raise the minimum wage to $15 by 2022. A final vote on the wage increase is expected in November 2016. At least eight of the 15 city council members must support the measure in order for it to pass. Baltimore is the largest city in Maryland and the 26th-largest city in the U.S. by population.
    • Seattle, Los Angeles, San Francisco, and Washington, D.C., have all begun implementation of $15 per hour minimum wages in recent years. In 2014, the Seattle City Council unanimously supported a minimum wage increase for full implementation in 2021, and San Francisco voters approved a ballot measure to phase in the full wage hike by 2018. The Los Angeles City Council soon followed in 2015 when it voted 14-1 to enact the increase by 2020. A third California city, San Mateo, enacted a $15 per hour minimum wage ordinance in July. It will phase into effect in 2018 with some exemptions ending in 2020. On June 7, 2016, the Washington, D.C., City Council unanimously approved a proposal to raise the city’s minimum wage to $15 by 2020.
    • Two more cities—Miami Beach, Florida, and San Diego, California—recently approved smaller minimum wage hikes. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with an increase over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which will increase the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.
• Former Los Angeles City Council member Dennis Zine filed a lawsuit against the city and L.A. Police Chief Charlie Beck over security provided by the L.A. Police Department (LAPD) at two preseason football games. The suit alleges that the security was provided for free and constitutes an illegal gift of public funds. Approximately 200 on-duty police officers were used for public safety at the Los Angeles Memorial Coliseum. Zine says that the city was not reimbursed by the football team for these services. Zine and co-plaintiff James Bibeau are also seeking a court order that will prevent the LAPD from providing any further security services at Los Angeles Rams games until the city has been paid for the preseason services. The suit comes soon after the L.A. City Council approved a memo asking the LAPD to determine the cost of using city police for game security. The memo, dated August 12, 2016, also asked the LAPD to determine whether game security would affect emergency response times. Several city council members, including council president Herb Wesson, sent a letter to Rams owner Stan Kroenke asking him to pay for the use of LAPD and Los Angeles Fire Department services during football games. Neither a Rams team representative nor the LAPD city attorney’s office commented on the matter. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.
• The election for Travis County sheriff will determine whether Austin becomes the first sanctuary city in Texas. Sanctuary cities are cities with policies limiting cooperation with the U.S. Immigrations and Customs (ICE) agency. The majority of sanctuary cities, identified and tracked by ICE, are located in California. Democratic candidate Constable Sally Hernandez, who is favored in the Travis County sheriff’s race, has pledged to reduce the county’s cooperation with ICE if she wins. The county would no longer hold inmates on ICE detainers, which are civil requests to hold potentially deportable prisoners who would otherwise be free to leave. According to ICE, Austin—the state’s capital and the largest city in Travis County—would become a sanctuary city under Hernandez’s proposed policy change. The Republican candidate, Joe Martinez, favors cooperating with ICE but has said he would only hold the worst offenders on civil detainers. Republican legislators have voiced opposition to Hernandez’s plan. Sen. Charles Perry (R-Lubbock) announced plans to introduce legislation that would strip sanctuary cities of state funding. Previous legislative attempts to ban or censure sanctuary cities in Texas have failed. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
• In California, the San Jose City Council voted 10-1 to declare a state of emergency over police staffing shortages. The declaration was backed by the San Jose Police Officers Association and Mayor Sam Liccardo (D). Beginning September 11, 2016, Police Chief Eddie Garcia will be able to reassign 47 officers from special duties, such as investigations, to fill vacancies as police officers. The San Jose Police Department estimates that 348 shifts are regularly filled by voluntary and mandatory overtime because of staffing shortages. Chief Garcia hopes that the reassignments will improve the response rates to local 911 calls. San Jose is the third-largest city in California and the 10th-largest city in the U.S. by population.

• FILING DEADLINE: Deadline passed to file in the retention election for Iowa local judges. The election will be held on November 8, 2016. In a retention election, voters are asked to decide whether a judge should remain in office. The judge is retained for a new term if a majority of voters answer with a "yes" vote. If the majority responds with a "no" vote, the judge is removed from the bench at the end of the term.

Preview of the day

The excerpts below were compiled from issue #31 of The Tap, which was published on August 27, 2016. READ THE FULL VERSION HERE.

State

• The California State Legislature is expected to adjourn its regular session. The formal session may adjourn on August 31, but constitutionally the session will not adjourn until November 30. Democrats have a 12-seat majority in the state Senate and a 24-seat majority in the state Assembly. With Democrat Jerry Brown as the state’s governor, California is one of seven Democratic state government trifectas.
• Special primary election: Wyoming
  • In state House District 18, a special primary election will be held to determine the winner of the August 16, 2016, Republican primary in which officials say that election workers gave out 98 incorrect ballots before the mistake was discovered. Sixty of the 98 ballots were Republican voters. The original primary had Thomas Crank defeating Scott Heiner by 42 votes. Republicans Kevin Simpson, Lyle Williams, Scott Heiner, Thomas Crank, and Zem Hopkins are all running in the open seat. With Republican Matt Mead as the state’s governor, Wyoming is one of 23 Republican state government trifectas.

Local

• FILING DEADLINE: Deadline to file in the retention election for Iowa local judges. The election will be held on November 8, 2016. In a retention election, voters are asked to decide whether a judge should remain in office. The judge is retained for a new term if a majority of voters answers with a "yes" vote. If the majority responds with a "no" vote, the judge is removed from the bench at the end of the term.