The Tap: Wednesday, July 6, 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 #24 of The Tap, which was published on July 9, 2016. READ THE FULL VERSION HERE.

Federal

  • Sen. Bob Corker (R-Tenn.) told The Washington Post that he had removed himself from consideration as a possible Trump running mate. “There are people far more suited for being a candidate for vice president, and I think I’m far more suited for other types of things,” Corker said.
  • Sen. Joni Ernst (R-Iowa) told Politico that she was focused on representing Iowa rather than serving as Trump’s vice president. “I made that very clear to him that I’m focused on Iowa. I feel that I have a lot more to do in the United States Senate. And Iowa is where my heart is,” Ernst said.
  • A survey of members of the Republican National Convention Rules Committee found that a movement to unbind the delegates to the national convention could be within striking distance of getting an amendment to the convention floor allowing delegates to abstain from voting for the candidate to whom they are bound if that vote violates their conscience on moral or religious grounds. Opposition to the amendment, however, is formidable.
    • The survey, conducted by The Wall Street Journal, found that 20 committee members support the amendment and 59 are against it. Thirty-three did not respond. To get the amendment to the convention floor as part of the official rules package, the amendment would first need to be approved by 57 of the committee’s 112 members. But, if that fails, the amendment could still make it to the floor as a minority report with the backing of only 28 members. Once it’s on the floor, it’s all up to the delegates. A majority would have to support the amendment in order for it to become part of the convention rules.
    • A number of conservative groups began laying down plans last month to unbind the delegates to the national convention as part of a larger effort to prevent Donald Trump from securing the party’s presidential nomination. Central to their efforts has been a “conscience amendment” that would allow delegates to vote their conscience at the convention instead of in accordance with the results of their state’s primary or caucus results. Politico conducted a survey in late June similar to the one from The Wall Street Journal. Out of 32 responses, 25 said they were opposed to the amendment. Politico also noted that another 33 members of the Rules Committee have made public statements either endorsing Trump or opposing rules changes like the conscience amendment.
  • Gretchen Carlson, host of the Fox News program The Real Story with Gretchen Carlson and former co-host of the network’s morning show Fox & Friends, filed a lawsuit against the network’s chairman and CEO Roger Ailes. The suit accuses Ailes of wrongful termination and sexual harassment, claiming that Ailes’ activities ranged “from lewd innuendo, ogling and remarks about Ms. Carlson’s body to demands for sex as a way for her to improve her job standing.” The suit also alleged former Fox & Friends co-host, Steve Doocy, had sexually harassed Carlson.
  • President Barack Obama announced that he will keep 8,400 members of the United States Armed Forces in Afghanistan through the end of his term. According to the U.S. Department of Defense, “Obama had planned to draw down the number of American troops in the country to 5,500 by the end of the year. There are currently 9,800 U.S. troops in the country.” During his announcement, Obama said, “As president and commander-in-chief, I have made it clear that I will not allow Afghanistan to be used as safe haven for terrorists to attack our nation again. I strongly believe that it is in our national interests, especially after all the blood and treasure we’ve invested in Afghanistan over the years, that we give our Afghan partners the very best opportunity to succeed.”
  • U.S. Health and Human Services Secretary Sylvia Mathews Burwell announced the following proposals and actions to fight opioid addiction:
    • “Expanding access to buprenorphine, a medication to treat opioid use disorder;”
    • Advocating for the elimination of financial incentives “for doctors to prescribe opioids based on patient experience survey questions;”
    • Requiring “Indian Health Service prescribers and pharmacists to check state Prescription Drug Monitoring Program (PDMP) databases before prescribing or dispensing opioids for pain;” and
    • “Launching more than a dozen new scientific studies on opioid misuse and pain treatment.”
  • The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned North Korean leader Kim Jong Un—as well as 10 other individuals and five entities—for human rights and censorship abuses. Kim and the other individuals and entities are banned from financial transactions with the United States. Acting Undersecretary for Terrorism and Financial Intelligence Adam J. Szubin said, “Under Kim Jong Un, North Korea continues to inflict intolerable cruelty and hardship on millions of its own people, including extrajudicial killings, forced labor, and torture. The actions taken today by the Administration under an Act of Congress highlight the U.S. Government’s condemnation of this regime’s abuses and our determination to see them stopped.”
    • On Thursday, North Korea responded to the sanctions, calling them a "declaration of war.”
  • U.S. Attorney General Loretta Lynch announced that the Justice Department would not pursue charges against Hillary Clinton for her use of a private email server while secretary of state. “Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State. I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation,” she said in a statement. Lynch is expected to speak before the House Judiciary Committee next week about the Justice Department’s decision.
  • Key vote: The House passed HR 2646 - the Helping Families in Mental Health Crisis Act of 2015 by a vote of 422-2. The legislation proposes creating a new position—the assistant secretary for mental health and substance use disorders—to oversee the government’s mental health and substance abuse programs. It also proposes expanding and providing grants for mental health and substance abuse programs.
  • The House passed S 1252 - the Global Food Security Act of 2016 by a vote of 369-53. This legislation “requires the President to develop and implement a Global Food Security Strategy to promote global food security, resilience, and nutrition.” Funding from the legislation will go to Feed the Future, a global hunger and food security initiative. It passed the Senate on April 20, 2016.
    • President Barack Obama praised Congress for passing the legislation, saying, “This game-changing development initiative - the first of my Administration - has helped increase economic growth and stem the tide of global hunger, poverty and malnutrition over the span of just a few years. While we've already accomplished so much through this collaborative global partnership, I know that with the continued effort and support that this legislation provides, we can achieve what was just a few years ago the unimaginable: We can end global poverty and hunger within our lifetimes.”
  • The U.S. Senate passed legislation regarding the labeling of genetically modified organisms (GMOs) by a vote of 65 to 32. The legislation proposes blocking state governments from passing mandatory labeling laws for consumer products that contain GMOs. The legislation also proposes allowing food producers to have QR codes for consumers to scan with a smartphone to find out whether a product contains GMOs. The legislation comes after the Vermont Legislature passed legislation in 2013 requiring labels for food productions with GMOs; the Vermont law, the first of its kind at the state level, went into effect on July 1, 2016. Supporters of the Senate bill, which included most Republicans and some Democrats, have argued that the legislation is a compromise that allows food producers to avoid having to navigate multiple state laws. Opponents of the bill, which included most Democrats, have argued that the legislation is backed by special corporate interests and would deny the right of consumers to know the content of their food.

State

  • On Wednesday, July 6, three Massachusetts measures were certified for the November 8, 2016, ballot. The Question 3, the Marijuana Legalization Initiative, and the Question 2 were approved by William Galvin, secretary of the commonwealth. These measures join the Question 1, which was already certified.
  • The Increase Access to Public Charter Schools initiative would raise the cap on the number of charter schools if approved. Currently, the state allows no more than 120 operational charter schools. The ballot measure would instead allow for the approval of 12 new charter schools or expanded enrollment for existing charter schools. The measure is sponsored by Great Schools Massachusetts, which collected 20,000 signatures, over twice as many as required to place an initiative on the ballot.
  • A Massachusetts Supreme Judicial Court ruled that the official ballot title of the Marijuana Legalization Initiative was misleading. The decision required the title be changed from “Marijuana Legalization” to “Legalization, Regulation, and Taxation of Marijuana.” (Ballotpedia’s article naming convention will continue to use the former title for ease of access for our readers.)
  • Florida Governor Rick Scott (R) announced he will ask the Florida Legislature to set aside funds for combating toxic algae within rivers and along beaches in four counties in southern Florida. Many rivers and estuaries in these counties link to Lake Okeechobee, the state’s largest freshwater body, which has seen high levels of toxins due to heavy rainfall in the past several months. Scott said his administration would assist state environmental officials and local water management officials in combating toxic algae. Scott’s proposed plan would also require localities to match 50 percent in funding in order to receive state funds. The specific costs of Scott’s proposal have yet to be released. Environmental groups have argued that the Scott administration had ignored the potential toxic algae problem for several years.
  • Several members of the Hawaii State Senate have filed a complaint with Attorney General Douglas Chin questioning the legality of Governor David Ige's (D) appointment of Tom Gorak to the state’s nonpartisan Public Utilities Commission. Gorak, formerly a staff lawyer for the commission, replaced former Commissioner Michael Champley, whose term expired on June 30. The appointment came as a surprise to many observers, as the commission is set to vote on a major takeover of Hawaii Electric Co., a deal both Ige and Gorak oppose. Former chair of the commission Hermina Morita criticized the appointment as a move by Ige to block the takeover. Several members of the state Senate have threatened to take legal action against the appointment, which was approved by A.G. Chin after Ige requested a formal opinion on the matter. Hawaii law states that a sitting commissioner “shall hold office until the member’s successor is appointed and qualified”; in the complaint, senators argue that “qualified” means confirmation by the Senate and that Chin’s interpretation of the law was erroneous. Champley has stated that he did not voluntarily leave his position and that he is "disappointed" in Ige's decision to remove him from the commission prior to the vote, which is expected to take place soon, though a court challenge of Gorak's appointment could further delay it.
  • The Texas attorney general's office filed a request for a preliminary injunction to prevent school officials nationwide from having to either follow the Obama administration's directive on transgender bathrooms or lose Title IX funding. The Department of Education issued a “Dear Colleague Letter” earlier this year advising school officials that students should be permitted to use the bathroom that aligns with their gender identity or risk losing federal funding for noncompliance with gender discrimination provisions in Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964. Led by Texas A.G. Ken Paxton (R), agencies from 11 states filed a lawsuit against the federal government in May 2016 protesting its interpretation of the provisions to include transgender individuals; two more sitting governors have since joined the suit. The injunction would block the DOE's directive pending judgement; a decision is expected in early August.

Local

  • The New York City Campaign Finance Board rejected an ethics complaint against the nonprofit Campaign for One New York, which was associated with Mayor Bill de Blasio (D). The nonprofit, which stopped operations in March 2016 due to the investigation, had received millions of dollars in donations. This included hundreds of thousands of dollars received from individuals and organizations conducting business with the city government. Campaign for One New York advocated for several of Mayor de Blasio’s top policy proposals, such as his universal prekindergarten program. The mayor raised money for the nonprofit, and it was led by members of his mayoral campaign from 2013. Mayor de Blasio will be up for re-election in November 2017. New York City is the largest city in the U.S. by population.
    • New York City Campaign Finance Board Chairwoman Rose Gill Hearn acknowledged that the donations to Campaign for One New York raised “serious policy and perception issues.” Although the board did not concur with the ethics complaint, it indicated that its investigation would have pursued the matter differently if it were an election year for the city. The board's investigation revealed that less than 5 percent of the nonprofit's donations would have been permitted according to New York City campaign finance laws for political candidates. Chairwoman Hearn stated, “The board will not allow candidates to sidestep contribution and expenditure limits by outsourcing essential campaign activities to these coordinated organizations.” Following the investigation, she called for new regulations on nonprofit fundraising. Campaign for One New York was able to receive unlimited donations from any donor, whereas a mayoral campaign may receive only $4,950 from a single contributor. The contribution limit drops down to $400 for donors with financial interests associated with the city government. In response to the board’s announcement, a spokesman for the mayor stated, “He looks forward to continuing the work to help get big money out of politics.”
    • Several federal, state, and local investigations connected to Mayor de Blasio or Campaign for One New York are still underway. Some of the investigations stem from the mayor's fundraising efforts for Democratic candidates to the New York State Senate in 2014, as well as his affiliation with an animal-rights group, Nyclass, which criticized Christine Quinn, his top opponent in the mayoral primary election in 2013. Another investigation involves businessman Jona Rechnitz, who fundraised for the mayor’s campaign in 2013. Rechnitz pleaded guilty to federal corruption charges for bribing police officials in return for government favors.
  • A group of three professors from the University of Texas at Austin filed a lawsuit against both the state government and the university in response to a new campus carry law. The law, which is scheduled to go into effect on August 1, 2016, allows concealed carry license holders to bring handguns into certain public buildings, including university classrooms. The lawsuit alleges that this violates the First, Second, and Fourteenth Amendments to the U.S. Constitution. The professors claim that their inability to set restrictions on firearm possession in the classroom restricts their First Amendment right to academic freedom. In addition, they contend that the presence of firearms during class discussions could intimidate students away from using their First Amendment right to free speech. They allege that it violates the Second Amendment on the basis that the concealed carry of firearms on campuses would not be “well-regulated” by the new law. The professors are requesting a federal court injunction to halt the law’s implementation. A university spokesman acknowledged the lawsuit but did not comment on it. Austin is the fourth-largest city in Texas and the 11th-largest city in the U.S. by population.
    • Texas Attorney General Ken Paxton (R) issued a statement criticizing the lawsuit as "baseless" and pledging to defend the state's campus carry law. He wrote, “Adults who are licensed by the State to carry a handgun anywhere in Texas do not suddenly become a menace to society when they set foot on campus. The right to keep and bear arms is guaranteed for all Americans, including college students, and must be vigilantly protected and preserved.”
  • Two members of the San Francisco Board of SupervisorsDavid Campos in District 9 and Malia Cohen in District 10—battled over a possible ballot measure promoted by Campos to create an Office of Public Advocate for the city. The new official would be charged with ensuring government accountability and handling the appointments to the Office of Citizen Complaints and the Office of Labor Standards and Enforcements. SFGate stated that Campos has received public criticism for attempting to restrict the powers of Mayor Edwin Lee (D) with the new office and for positioning himself to serve in the office if it is created. Cohen proposed several amendments to the ballot measure, including adding a two-term limit for the new office and instituting a four-year waiting period for former elected officials before they could run for the position. At a board meeting, Campos criticized Cohen for her "attempt to protect the power of Ed Lee" and added, "At the end of the day, it will be up to the voters to decide if this corrupt act by someone who is clearly corrupted will go forward." In response, Cohen stated, “What’s important to point out is Supervisor Campos’ true intentions on why he is interested in the position. [...] I’m not interested in seeing elected officials go from one position to another position. He wants to have appointing power over departments? That’s corrupt. That’s a power grab. He’s the corrupt one.” Following the meeting, the two supervisors continued to criticize one another via Twitter.
    • Both Cohen and Campos are in their second and final terms on the board, since it has a two-term limit. Supervisor Campos was first elected in 2008 and re-elected in 2012, whereas Supervisor Cohen was first elected in 2010 and re-elected in 2014. Six of the 11 seats on the board of supervisors, including the District 9 seat, will be up for general election on November 8, 2016. San Francisco is the fourth-largest city in California and the 14th-largest city in the U.S. by population.

Preview of the day

The excerpts below were compiled from issue #23 of The Tap, which was published on July 2, 2016. READ THE FULL VERSION HERE.

Federal

State