The Tap: Wednesday, May 25, 2016
From Ballotpedia
The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.
Review of the day
The excerpts below were compiled from issue #18 of The Tap, which was published on May 28, 2016. READ THE FULL VERSION HERE.
Federal
- The State Department released a report concluding that Hillary Clinton “did not comply with the agency’s policies on records,” specifically citing Clinton’s use of a private email server as a violation. The report also revealed that “her top aides chose not to cooperate with the review.” The report states, “Secretary Clinton should have preserved any Federal records she created and received on her personal account by printing and filing those records with the related files in the Office of the Secretary. At a minimum, Secretary Clinton should have surrendered all emails dealing with Department business before leaving government service and, because she did not do so, she did not comply with the Department’s policies that were implemented in accordance with the Federal Records Act."
- See also: Hillary Clinton email investigation
- According to data from the U.S. Department of Veterans Affairs (VA), “[m]ore than 4,200 veterans were mistakenly declared dead and had benefits cut off by Veterans Affairs officials over a five-year span.” The issue is the result of a poor records sharing process between the Social Security Administration (SSA) and the VA. According to the Military Times, when SSA “incorrectly listed a veteran as dead, VA policy was to cut off benefits immediately, doubling the frustration of victims looking to correct the record.”
- Donald Trump’s campaign and Rick Wiley, the campaign’s former national political director, parted ways amid disagreements between Wiley and another Trump advisor. According to Politico, Wiley had previously been in an altercation with Karen Giorno, a Trump advisor who ran the primary campaign in Florida. The article noted, "For weeks, Wiley made appointments and had discussions with Florida Republicans and appeared to be building a new campaign from scratch, sources say. They say he refused, at times, to return Giorno’s calls or take them."
- During an appearance on Jimmy Kimmel Live, Donald Trump said that he would be willing to debate Bernie Sanders for charity. Sanders tweeted in response, “Game on. I look forward to debating Donald Trump in California before the June 7 primary.”
- The State of Texas, joined by 12 other appellants, filed a lawsuit in the United States District Court for the Northern District of Texas challenging the legality of the U.S. Department of Justice directive and guidance related to transgender bathroom access. In its complaint, Texas alleges, “Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights.” Eight of the 11 states involved in the suit are controlled by Republican trifectas; West Virginia, Louisiana, and Maine have divided governments.
- Sen. Robert Menendez (D-N.J.) endorsed Hillary Clinton for president. Menendez wrote, “Only one person running to lead our nation has the experience, the interest, and the demeanor to lead and protect our nation: Hillary Clinton. … Hillary understands the importance of stability and consistency – particularly as they impact our most important allies.”
Bills & Amendments
- Key vote: The House passed S 2012 - the Energy Policy Modernization Act of 2016 by a vote of 241-178. “The bill’s provisions aim to modernize energy infrastructure like the electric grid and pipelines, make pipeline and natural gas export permitting easier, increase fossil fuel research and improve job training for energy fields, among other priorities,” according to The Hill.
State
- South Carolina courts
- State court judges in South Carolina are chosen by the state legislature. The only other state to choose judges this way is Virginia.
- The South Carolina General Assembly selected sitting Justice Donald Beatty as the next chief justice of the South Carolina Supreme Court. Beatty will replace retiring Chief Justice Costa Pleicones, who was sworn in as chief justice in January 2016. Pleicones will retire at the end of the year because he has reached the mandatory retirement age of 72. Ordinarily, South Carolina chief justices serve 10-year terms. Beatty, too, must retire before reaching the end of his prescribed term, as he will turn 72 in 2024 and will have to retire at the end of that year. Justice Beatty is the second black chief justice of the state supreme court since Reconstruction, following former Chief Justice Ernest A. Finney, Jr. Justice Beatty has been nominated to the United States District Court by President Obama. That nomination is still pending.
- The Assembly also selected sitting South Carolina Court of Appeals Judge James Lockemy as the next chief justice of that court. The election was contentious due to allegations that Judge Lockemy had solicited support for the position before such solicitation was permitted by statute. The chairman of the Senate Judiciary Committee proposed an amendment to send Lockemy’s candidacy back to the screening process, but this was voted down, with some raised voices between legislators. The chief judge serves a term of six years.
- The state of Texas, joined by 12 other appellants, filed a lawsuit against the federal government and several Obama administration officials over their interpretation of Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1962 to include transgender people. "Defendants have conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment," the lawsuit claims. The suit was filed in the United States District Court for the Northern District of Texas by Attorney General Ken Paxton (R). Other appellants include the states of Alabama, Georgia, Louisiana, Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin, along with the Arizona Department of Education. Eight of the 11 states named are controlled by Republican trifectas; West Virginia, Louisiana, and Maine have divided governments. LGBT civil rights have been a contentious issue this year, with transgender bathroom access in particular the focus of legislation in several states.
- Democratic candidate for Indiana governor John Gregg announced that state Rep. Christina Hale will join his ticket as the lieutenant governor candidate for the November 8 general election against incumbents Gov. Mike Pence (R) and Lt. Gov. Eric Holcomb (R). Gregg, a former long-serving state representative, lost to Pence in the 2012 election for governor by just 3 percent. Hale has represented District 87 since 2012. "She is a hard worker who dives deep into important issues and does not shy away from those important issues," Gregg said of Hale. Pence's popularity has suffered following his support of such controversial laws as the Religious Freedom Restoration Act and an expansion of the state's restrictions on abortion; his recent approval ratings have been in the mid 40s. If Gregg unseats Pence in November, it will end a five-year Republican trifecta; this race is currently rated Lean Republican.
- The Nevada Commerce Tax Repeal will not be on the ballot in November. Campaign leaders found they could not meet the signature requirement by June 21, 2016, and suspended the campaign. The campaign needed to re-collect 55,234 signatures after a May 10, 2016, state supreme court decision rejected previously gathered signatures. The court ruled that they were signed under false information.
- The Oklahoma House has voted to balance the state budget by borrowing $200 million. The plan calls for the state Department of Transportation to issue $200 million in highway bonds, with the money that would have gone to the DOT diverted to other programs. The borrowing is intended to address the $1.3 billion drop in revenue from the previous year. The vote passed the House 56-38 and must now be voted on by the Senate. The Oklahoma Constitution requires a balanced budget. Oklahoma is one of 23 Republican trifectas.
Local
- In Pennsylvania, Philadelphia Mayor James Kenney’s (D) proposed tax of three cents per ounce for soft drinks and other sugary drinks was criticized by City Council President Darrell L. Clarke (D), who labeled it “ridiculous.” Councilmember Clarke called instead for a tax on drink containers and dismissed the mayor’s claim that such a tax would not draw enough revenue. The current proposed container tax would set a 15 cent levy on beverages larger than seven ounces, including water. Local reporters noted that neither proposal currently has sufficient support on the city council to pass and that the city intended to use the revenue to fund initiatives ranging from improvements to recreation facilities to growth in its prekindergarten program. The city council's final session before its summer recess is on June 16, 2016. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the U.S. by population.
- The first municipality in the United States to set a tax on soft drinks was Berkeley, California, in 2014. More than 76 percent of city voters approved the local ballot measure. According to American Beverage Association executive Lauren Kane, recent soft drink taxes have failed to pass 43 times between both states and local governments. A Harvard University study released in April 2016 found that the mayor’s proposed three cents per ounce tax would result in “an estimated 2280 cases of diabetes prevented over a one-year period once the tax reaches its full effect.” The Harvard report noted that the city had projected up to $400 million in new revenue over a five-year period as a result of the proposed tax.
- In Texas, the Houston City Council unanimously voted to approve Mayor Sylvester Turner’s (D) proposed $2.3 billion city budget for 2016-2017. The budget closes a $160 million budget deficit, cuts city spending by $82 million, and increases funding for new police recruitment. The budget cuts include not filling 54 city staffing vacancies and laying off approximately 40 city employees. Mayor Turner was first elected to the office in a runoff election held on December 12, 2015. He previously served as a member of the Texas House of Representatives from 1989 to 2016. Houston is the largest city in Texas and the fourth-largest city in the U.S. by population.
- In Washington state, Seattle Mayor Ed Murray (D) acknowledged criticisms of the city’s homelessness policy and his joint plan with Gov. Jay Inslee (D) to eliminate encampments known as “The Jungle” from the city. The plan involves outreach workers visiting the encampments for multiple weeks to help relocate homeless citizens into shelters, followed by construction efforts by city and state departments to clean the area of debris and vegetation. In response to a threat of litigation by the American Civil Liberties Union against the plan, Murray stated, “I don’t have the answer. [...] We’re actually making this up as we go along. [...] This is going to take us a very long time. [...] If you want to call it a sweep, call it a sweep. I call it trying to save lives.” He emphasized that the area is currently “incredibly dangerous” and should not contain residents until it has been cleaned. Seattle is the largest city in Washington and the 22nd-largest city in the U.S. by population.
- The National Low Income Housing Coalition (NLIHC) published a report, Out of Reach 2016: No Refuge for Low Income Renters, with statistics on rental housing costs and minimum wages across the United States. In their press release, the D.C.-based organization stated, “In no state, metropolitan area or county in the United States can a full-time worker earning the prevailing minimum wage afford a modest two-bedroom apartment.” The states that required the highest income were Hawaii, California, New York, Maryland, and New Jersey, according to the report. The press release called for a Housing Trust Fund federal program to "build, preserve, or rehabilitate affordable rental housing" for low-income renters. Forbes contributor Tim Worstall criticized the proposal and called for the “relaxation” of zoning regulations in order to increase the housing construction in general. He argued that “housing is fungible, or at least substituitable [sic],” and that a growth in higher-income housing would lead to high-income citizens moving into those units and vacating their existing units, thereby increasing the supply of housing and leading to a decrease in prices.
- U.S. Secretary of Housing and Urban Development and former San Antonio Mayor Julián Castro (D) wrote the preface for the NLIHC report. Secretary Castro is considered a potential vice presidential nominee for Democratic presidential candidate Hillary Clinton.
Preview of the day
The excerpts below were compiled from issue #17 of The Tap, which was published on May 21, 2016. READ THE FULL VERSION HERE.
State
- The South Carolina General Assembly is scheduled to select a new chief justice of the state supreme court. Associate Justice Donald Beatty is the only candidate for the position. Beatty was also nominated, on February 25, by President Obama to serve as a judge on the United States District Court for the District of South Carolina. The Senate has yet to act on that nomination. The South Carolina Judicial Merit Selection Commission, which screens candidates for the legislature, has declared Beatty qualified for chief justice. Beatty would be the second black chief justice on the court since Reconstruction. South Carolina is one of only two states where state supreme court justices are selected by the legislature; Virginia is the other.
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