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The Tap: What is the role of a delegate?

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June 25, 2016Issue No. 22

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The week in review: June 18 - June 24
What's on Tap next week: June 25 - July 1

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

On Friday, district level delegate Beau Correll filed a case in the U.S. District Court for the Eastern District of Virginia regarding convention delegates. Correll—filing on behalf of himself, 49 Republican delegates, and 110 Democratic delegates—alleges that the Virginia law unconstitutionally violates his right of conscience to vote for the candidate of his choice, as well as his rights to free speech and free association under the First Amendment. Correll has acknowledged that he will not vote for the presumptive GOP nominee, Donald Trump, at the convention, a move that Trump stated would be “totally illegal.” The lawsuit comes as a movement is taking hold among conservative activists to unbind the delegates to the 2016 Republican National Convention. Read more below, in our Friday review section.

 

Federal

The Week in Review

Saturday, June 18

  • Donald Trump said at a rally that “it would be helpful if the Republicans could help us a little bit” and unify. He warned, however, "But if for any reason they get a little bit like they don't want to help out as much, then I'll fund my own campaign. I'd love to do that. I'd love to do that. You know, right now, I'm raising a lot of money for the Republican party.”
  • Politico reported on Saturday that Apple is declining to support the Republican National Convention with technology or funding this year due to comments Donald Trump has made about women, minorities, and immigrants.

Sunday, June 19

  • A group of conservative activists seeking to unbind the delegates to the Republican National Convention next month in an effort to prevent Donald Trump from winning the party’s nomination held a conference call on Sunday that reportedly included more than 1,000 attendees. In attendance were delegates and alternate delegates as well as members of the convention Rules Committee, who will set the rules for the convention in July. The focal point of the call was on expanding the movement. According to ABC News, attendees were encouraged to begin grassroots campaigns in their own states and to promote the idea of unbinding Republican delegates to the national convention. The call—which took place as several national polls showed Hillary Clinton opening up a sizeable lead over Trump—represents the latest phase in a renewed effort on the part of some Republicans to stop Trump from becoming the party’s nominee. Supporters of the movement have argued that the convention Rules Committee should pass a “conscience amendment” that would allow delegates to vote for a candidate other than the one to whom they were allocated by their state’s primary or caucus results if that vote violated their moral or religious beliefs. Others have argued that the delegates should be—and, in the opinion of some, already are—unbound at the convention, with or without a conscience amendment. The movement is being spearheaded by three key groups, none of which have aligned themselves with a specific alternative nominee to Trump.

Monday, June 20

  • Donald Trump fired his campaign manager, Corey Lewandowski, essentially cementing Paul Manafort as the top aide in control of Trump’s presidential campaign. According to Ballotpedia’s Jim Barnes, these campaign staff shake-ups aren’t uncommon for presidential runs. Barnes writes, “This kind of high-level presidential campaign shake-up is not that unusual, even on the eve of a national party convention or the general election. But it rarely works out well for candidates who have to make changes at the top of their campaign organization charts.”
  • More than a dozen staffers from Bernie Sanders’ presidential campaign moved to work for NextGen Climate, a 501(c)(4) nonprofit run by environmentalist billionaire Tom Steyer. Zach Malitz, who was deputy director of the Sanders digital operation, will work as NextGen’s lead campus organizer. He told NBC News, “Working for Sen. Sanders, I saw the incredible power of young people to reshape American politics and push a broad-based progressive agenda. I'm excited to continue that work.”
  • After initially releasing an edited transcript of the 911 call between the Orlando police and Omar Mateen, who opened fire on individuals at a gay nightclub, leaving 49 people dead, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) reversed course and released the full transcript. In the initial, edited transcript, Mateen’s references to ISIS were redacted, according to NPR. The DOJ and FBI released the following statement explaining their decision to release the full transcript: “The purpose of releasing the partial transcript of the shooter's interaction with 911 operators was to provide transparency, while remaining sensitive to the interests of the surviving victims, their families, and the integrity of the ongoing investigation. We also did not want to provide the killer or terrorist organizations with a publicity platform for hateful propaganda. Unfortunately, the unreleased portions of the transcript that named the terrorist organizations and leaders have caused an unnecessary distraction from the hard work that the FBI and our law enforcement partners have been doing to investigate this heinous crime. As much of this information had been previously reported, we have re-issued the complete transcript to include these references in order to provide the highest level of transparency possible under the circumstances.”
    • In a press briefing the following day, White House Press Secretary Josh Earnest told reporters, “The decision to release the unredacted version of the transcript that was released yesterday was made independently and entirely by the Department of Justice.”
  • The Trump campaign raised $3.2 million in May and began June with only $1.3 million cash on hand. For comparison, the Clinton campaign had $42 million. Trump’s communications director, Hope Hicks, said in a statement, “There are no concerns. The money is pouring in for the party. In fact, we just returned from a tremendously successful swing through Texas, Nevada and Arizona. Mr. Trump will continue to do everything he can to defeat Hillary Clinton in November.”
  • The U.S. Supreme Court announced opinions in five cases:
    • In RJR Nabisco, Inc., et al., v. European Community et al., a 4-3 court reversed the judgment of the United States Court of Appeals for the 2nd Circuit and sent the case back (remanded) for additional proceedings. The court held that while some illegal activities under a federal racketeering law (RICO) that occur overseas can come under U.S. jurisdiction, a civil RICO plaintiff must prove a domestic injury because RICO does not allow for any recovery of foreign injuries. Justice Sonia Sotomayor did not participate in the case.
    • In Taylor v. United States, a seven-justice majority affirmed the judgment of the United States Court of Appeals for the 4th Circuit in holding that intrastate drug activities fall under congressional regulation because these activities cumulatively affect interstate commerce. As such, an attempt to steal drugs and/or drug profits satisfies the commerce requirement for a federal criminal prosecution for robbery under the Hobbs Act.
    • In Cuozzo Speed Technologies, LLC v. Lee, the court affirmed the judgment of the United States Court of Appeals for the Federal Circuit in holding that the U.S. Patent and Trademark Office’s rulemaking authority allows the office to regulate patent challenges falling under the statutory definition of “inter partes review” as long as the regulations are reasonable exercises of the office’s authority. Inter partes review allows a third party to both challenge a patent claim and request review of the challenge before the Patent Trial and Appeal Board as long as the challenge is filed within a statutory time limit. The Patent Office’s use of the “broadest possible construction standard to construe patent claims for inter partes review” was upheld.
    • In Utah v. Streiff, five justices reversed the judgment of the Supreme Court of Utah. The court held that, absent flagrant misconduct by police, evidence seized pursuant to a valid arrest warrant can be used in a criminal prosecution, even if police discover the evidence during an unconstitutional investigatory stop.
    • In Encino Motorcars, LLC v. Navarro et al., the court vacated and remanded the judgment of the Ninth Circuit Court of Appeals, meaning that the Supreme Court voided the Ninth’s Circuit’s ruling and sent the case back to the Ninth Circuit for additional proceedings. A six-justice majority declined to address whether automobile dealership service advisors are exempted from overtime pay under §213(b)(10)(A), a provision of the Fair Labor Standards Act governing automobile dealership employees. Instead, the court held that a 2011 Labor Department rule modifying the exemption was not adequately explained and, as such, could not be afforded Chevron deference. Chevron deference suggests that courts defer to an agency’s regulatory interpretation of a statute when congressional intent is ambiguous and if the agency’s interpretation is reasonable; Chevron deference is not required, however, if the regulation is considered “procedurally defective.” The court sent the case back to the Ninth Circuit to review the constitutionality of §213(b)(10)(A) exempting automobile dealership employees without affording Chevron deference to the 2011 Labor Department regulation.
  • The Supreme Court granted certiorari in two cases and the court will hear oral argument on these cases next term. In Jennings v. Rodriguez, the court will address whether foreign nationals who are subject to a mandatory period of detention are required to have bail hearings. In NLRB v. S.W. General, Inc., the court will review the president’s appointment power under the Federal Vacancies Reform Act.
  • The Supreme Court called for the views of the Solicitor General (CVSG) in Impression Products v. Lexmark International and in Sandoz v. AmGen (which was consolidated with AmGen v. Sandoz). Both are appeals under consideration for writs of certiorari to the United States Court of Appeals for the Federal Circuit. The Impression Products case addresses patent exhaustion doctrine while the Sandoz case addresses provisions of the Biologics Price Control and Innovation Act (BPCIA). The Supreme Court requests a CVSG when the United States is not a party to a case but the court wants the views of the U.S. government known in advance of either a case being granted certiorari and/or a scheduled oral argument.

Tuesday, June 21

  • Rep. Chaka Fattah (D-Pa.) “was convicted on 29 separate federal charges related to bribery, money laundering, fraud and racketeering,” according to The Hill. Fattah was found guilty of “money laundering charges related to his borrowing of $1 million from a donor during his unsuccessful campaign for Philadelphia mayor,” which he later repaid in part “by using funds from charitable and federal grants received by his nonprofit, the Educational Advancement Alliance.” Fattah was also found guilty of “using funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt,” “accepting bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman,” and “helping to award federal grant money to a political consultant in exchange for forgiving a $130,000 campaign debt.” In April, Fattah became the first incumbent member of Congress to lose a primary this year.
  • Donald Trump announced an expansion of his campaign staff, including the official announcement of Jim Murphy as the campaign’s national political director. Murphy took over for Rick Wiley, who filled the role for six weeks earlier this year. Trump’s other hires included Brad Parscale as head of the campaign’s digital team.
  • Boeing Co. announced that it signed an agreement to sell aircraft to Iran Air "under authorizations from the U.S. government following a determination that Iran had met its obligations under the nuclear accord reached last summer." If the deal goes through, it would be “the biggest business deal between the Islamic Republic and America since the 1979 U.S. Embassy takeover in Tehran,” according to the Associated Press.
  • After New York Gov. Andrew Cuomo (D) was nominated to chair the New York state delegation to the Democratic National Convention and was approved by a voice vote, supporters of Bernie Sanders said they planned to file a legal challenge to the proceedings of his nomination. “By virtue of them not following the rules, that vote is null and void. There’s overwhelming documentation that people were motioning and he just moved forward,” said at-large delegate Nomiki Konst.
  • The U.S. Department of Transportation’s Federal Aviation Administration announced a new rule that takes effect in late August 2016 pertaining to “unmanned aircraft drones weighing less than 55 pounds that are conducting non-hobbyist operations.” The person flying the drone will be subject to a security background check and must meet the following requirements:
    • be at least 16 years old;
    • have a remote pilot certificate with a small UAS rating, or be directly supervised by someone with such a certificate; and
    • qualify for a remote pilot certificate.

Wednesday, June 22

  • On Wednesday, a group seeking to prevent Donald Trump from winning the nomination at the Republican National Convention next month began running ads in Iowa. Courageous Conservatives, run by former Ted Cruz state chairman Steve Lonegan of New Jersey, released a radio ad targeting Steve Scheffler, a Republican National Committeeman and member of the convention Rules Committee. The ad states, “Steve Scheffler is trying to force Republican delegates to vote for Donald Trump and threatening those that find that vote to be morally offensive… but this is one of those times when delegates need to be free to vote their conscience.” Scheffler reportedly dismissed the ad, telling The Wall Street Journal, “These people are a bunch of bullies. I’m not going against the will of the people from across the country.” Another group, calling itself Delegates Unbound, is set to run ads on national cable TV over the weekend, encouraging delegates to the convention to vote their conscience. Also on Wednesday, Politico reported that Trump’s campaign was in the process of developing a convention operation to push back against these groups. The operation includes the creation of a “whip team” that is building a database of delegate profiles and will be in charge of monitoring the proceedings of the convention Rules Committee at the convention.
  • Bruce Ash, the chair of the Standing Committee on Rules of the Republican National Committee (RNC), wrote a letter to his fellow RNC members imploring them to unite behind Donald Trump and stop attempting to organize an effort to change the rules. “I pray we avoid drama such as what occurred at the 2012 convention rules committee. We have our county’s future and the future of our party in our hands. Can you imagine the rage if Trump is denied the nomination? The RNC created a level playing field to select our 2016 nominee. Against 17 contestants Donald Trump surprised the political world and out-performed everyone,” Ash wrote.
  • The Arkansas Democrat-Gazette reported that Mike Huckabee agreed to pay the band Survivor $12,500 for Huckabee’s unpermitted use of the song “Eye of the Tiger” during his presidential campaign. Huckabee used the song when appearing with Kim Davis, the county clerk in Rowan County, Ky., who refused to sign marriage licenses for same-sex couples. The settlement adds to Huckabee’s remaining campaign debt, which the paper reported to be $31,454.44.
  • Donald Trump delivered a speech criticizing Hillary Clinton on several different fronts by contrasting his policy of “America first” with Clinton’s “policy of globalism” and referencing allegations made against her in Peter Schweitzer’s book Clinton Cash.
    • Clinton responded to Trump’s speech on Wednesday, describing it as full of “outlandish lies and conspiracy theories.”
  • In an interview on C-SPAN, Bernie Sanders discussed the possibility that he would speak at the Democratic National Convention. “It doesn’t appear that I’m going to be the nominee, so I’m not going to determine the scope of the convention. I've given a few speeches in my life. It would be nice to speak at the Democratic National Convention. If for whatever reason they don't want me to speak, then whatever. But I do think I'll speak at the convention,” he said.
  • Gary Johnson and his running mate, Bill Weld, participated in a televised town hall on CNN, discussing both domestic policy and national security issues.
    • Johnson said on potentially being a spoiler: “I'd feel just fine. I do believe that we've got - the two-party system is a two-party dinosaur and that they're about to come in contact with the comet here. I think that that's a real possibility. Look, there are extremes on both sides. And I think most Americans are Libertarian. It's just that they don't know it, and this is an opportunity tonight to describe that.”
  • Republicans in the U.S. House of Representatives released a healthcare plan as an alternative to Obamacare. The proposal would retain some aspects of Obamacare, such as the restriction against insurance companies denying individuals with preexisting conditions. It would allow states that have expanded their Medicaid programs to maintain the expansions while prohibiting any new states from expanding. The plan would also establish a tax credit to purchase insurance for those without employer-sponsored coverage, allow the sale of insurance across state lines, expand the use of health savings accounts, and provide block grants to states for administering Medicaid. While the proposal is not a formal piece of legislation, House Speaker Paul Ryan said that it represents a “first-time-in-six-years consensus by the Republicans in the House on what we replace Obamacare with.”
  • The U.S. Justice Department announced plans to charge 301 individuals nationwide with committing Medicare and Medicaid fraud worth $900 million. Most of the fraud involved billing the public healthcare programs for home healthcare services, such as in-home assistance, that were never provided. The takedown occurred across 36 federal judicial districts in 26 states. The department stated it was the largest fraud takedown ever coordinated by the Justice Department and Health and Human Services Department’s joint strike force, in terms of both the number of people arrested and the dollar amount of fraud. According to The Fiscal Times, since 2010, the strike force has arrested 1,200 individuals for Medicare and Medicaid fraud worth $3.5 billion.
  • The trustees of the Social Security and Medicare trust funds released a report finding that the Medicare trust fund will be insolvent by 2028. By that time, the Medicare trust fund would have the funds to pay out only 87 percent of benefits. The timeline for insolvency is two years earlier than projected last year due to lower-than-expected revenue from payroll taxes and a rate of decrease in the use of services that was slower than expected. The report also found that the Social Security trust fund will be insolvent by 2034, having the funds to pay out only 79 percent of benefits.
  • Led by Rep. John Lewis (D-Ga.), Democrats began a sit-in on the House floor over gun control legislation that lasted more than 24 hours. Democrats staged the sit-in to get votes on legislation prohibiting people on terror watchlists from buying guns and on legislation expanding background checks to purchase firearms. The Senate failed to pass bills with those purposes on Monday. The sit-in ended at 1:04 p.m. on Thursday with Democrats vowing to push forward with their effort to pass gun control legislation when the House reconvenes on July 5; however, House Minority Leader Nancy Pelosi (D-Calif.) said, “the precise tactics Democrats will employ [to get votes] are yet undecided.”

Thursday, June 23

  • Late Thursday evening, the Republican National Committee released a list of the 112 members of the national convention Rules Committee. The committee and its membership have been the subject of much attention since as early as December of last year, as journalists and party insiders alike have speculated about possible changes to the official rules of the Republican Party and how those changes could shape not only the outcome of the 2016 convention but also the course of the 2020 primary season. Last week, it was announced that Enid Mickelsen of Utah and Ron Kaufman of Massachusetts would chair the committee in July.
  • Following his racketeering conviction on Tuesday, Rep. Chaka Fattah (D-Pa.) resigned, effective immediately. Fattah initially planned to wait to resign until October 3, just before his sentencing, but he faced mounting pressure to resign immediately from Speaker Paul Ryan (R-Wis.).
  • Recently ousted Donald Trump campaign manager Corey Lewandowski was hired by CNN as one of its political commentators. According to the CNN Money story in which the hiring was announced, the decision was considered controversial by some in the newsroom “in part because he has a reputation for being hostile toward journalists.”
  • The U.S. Supreme Court announced opinions in five cases on Thursday. The court has three opinions to issue before the end of the current term. Those opinions will be handed down on Monday, June 27.
    • The court issued per curiam opinions in two cases: Dollar General Corp. v. Mississippi Band of Choctaw Indians and United States v. Texas. The opinions of the lower courts in both cases were upheld (affirmed) by an equally divided 4-4 court. Both cases were on appeal from the United States Court of Appeals for the 5th Circuit. Dollar General addressed whether tribal courts have jurisdiction over civil claims where one party is not a tribal member; the Fifth Circuit held in this dispute that the tribal court did have jurisdiction. U.S. v. Texas challenged the validity of a preliminary injunction, pending a trial, against implementation of the Obama administration’s Deferred Action for Parents of Americans program, commonly known as DAPA. The Fifth Circuit affirmed the injunction, determining that the states seeking the injunction have standing to sue in court. A case on the merits is expected to take place before Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas, who issued the injunction.
    • In Mathis v. United States, a six-justice majority reversed the judgment of the U.S. Court of Appeals for the Eighth Circuit in finding that state court convictions cannot be used toward issuing an enhanced sentence under the federal Armed Career Criminal Act if elements of a state criminal law defining a crime (here, robbery) are broader than the generic, commonly understood elements that define a crime.
    • In Birchfield v. North Dakota, which was consolidated with two other cases—Bernard v. Minnesota and Beylund v. Levi—the court held that, incident to a lawful arrest for DUI, the use of warrantless blood tests to determine a driver’s BAC is unconstitutional and that state laws that criminalize a suspect’s refusal to submit to a warrantless blood test are also unconstitutional. States, however, may continue to use warrantless breath tests under similar circumstances for similar purposes.
    • In Fisher v. University of Texas-Austin, the court ruled 4-3 that the university’s race-conscious undergraduate admissions program did not violate the Equal Protection Clause; however, in his opinion for the majority, Justice Anthony Kennedy stipulated that “a college must continually reassess its need for race-conscious review. … The Court’s affirmance of the University’s admissions policy today does not necessarily mean the University may rely on that same policy without refinement. It is the University’s ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies.” Justice Elena Kagan did not participate in the case.

Friday, June 24

  • Carroll “Beau” Correll, a delegate from Virginia to the Republican National Convention, filed a class-action lawsuit in federal court seeking to prevent enforcement of a section of Virginia law requiring all party delegates to a presidential nomination convention to vote for the winner of Virginia’s presidential primary election contests. Correll—filing on behalf of himself, 49 Republican delegates, and 110 Democratic delegates—alleges that the Virginia law unconstitutionally violates his right of conscience to vote for the candidate of his choice, as well as his rights to free speech and free association under the First Amendment. Correll has acknowledged that he will not vote for the presumptive GOP nominee, Donald Trump, at the convention, a move that Trump stated would be “totally illegal.” The lawsuit comes as a movement is taking hold among conservative activists to unbind the delegates to the 2016 Republican National Convention. A ruling in Correll’s favor could work to the advantage of the movement by helping to alleviate the legal concerns of delegates seeking to vote at the convention for a candidate other than the one to whom they are bound by state law and/or state party rules. A ruling against Correll, on the other hand, could threaten to undermine the movement to unbind the delegates by reinforcing the delegates’ legal concerns. The case was filed in the U.S. District Court for the Eastern District of Virginia.
  • FILING DEADLINE: Florida congressional filing deadline
    • Ballotpedia will have complete candidate lists next week following Friday’s deadline.
    • The U.S. Senate seat currently held by Marco Rubio (R) is up for election in 2016. On Wednesday, Rubio announced that he would seek re-election in 2016, despite his prior claims to the contrary. This prompted both U.S. Rep. Ron DeSantis and Lt. Gov. Carlos Lopez-Cantera to exit the race. The race is a general election battleground in 2016.
    • There are 27 U.S. House districts in Florida. The Republican Party holds 17 seats, and Democrats hold the remaining 10.
    • There are two House races currently rated as battlegrounds in 2016: District 18 and District 26. Additionally, three U.S. House seats are expected to flip partisan control due to redistricting: Districts 2, 10, and 13. This would result in a gain of one seat by the Democratic Party.
  • Donald Verrilli stepped down as solicitor general of the United States, having served in this role since 2011. The solicitor general represents the U.S. government in federal appellate court and before the Supreme Court of the United States. In a statement, U.S. Attorney General Loretta Lynch announced that Ian Gershengorn, the current principal deputy solicitor general, would become acting solicitor general on June 25.

Bills & Amendments

The United States Senate debated gun control measures this week but failed to pass any of the six measures that came up for a vote. On Thursday, the United States House of Representatives voted to adjourn earlier than expected due to House Democrats taking control of the floor to stage a sit-in concerning gun control legislation. Members of the House will return for legislative votes on Tuesday, July 5, 2016. A summary of this week’s legislative votes can be viewed here.

Monday, June 20

  • Key votes: The Senate rejected the following gun control measures:
    • The Senate rejected S Amdt 4749 to S Amdt 4720 (which amends S Amdt 4685) by a vote of 53-47. Sixty votes were needed to move forward with the amendment. The amendment, introduced by Sen. John Cornyn (R-Texas), proposed allowing the U.S. attorney general to "delay the transfer of the firearm or explosive for a period not to exceed 3 business days" to an individual "investigated as a known or suspected terrorist." The waiting period would have given the U.S. Department of Justice (DOJ) time to investigate an individual who was suspected of terrorist activities during the previous five years and would have allowed the DOJ to obtain a court order to prevent the individual from obtaining a firearm or explosive.
    • The Senate rejected S Amdt 4750 to HR 2578 by a vote of 44-56. Sixty votes were needed to move forward with the amendment. The amendment, introduced by Sen. Chris Murphy (D-Conn.), proposed "ensur[ing] that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and requir[ing] a background check for every firearm sale."
    • The Senate rejected S Amdt 4751 to S Amdt 4750 by a vote of 53-47. Sixty votes were needed to move forward with the amendment. The amendment, introduced by Sen. Chuck Grassley (R-Iowa), proposed reauthorizing funding for the National Criminal Instant Background Check System, providing incentives for states that submitted mental health records to the federal government, and limiting federal agencies from selling firearms.
    • The Senate rejected S Amdt 4720 to S Amdt 4685 by a vote of 47-53. Sixty votes were needed to move forward with the amendment. The amendment, introduced by Sen. Dianne Feinstein (D-Calif.), proposed prohibiting individuals on federal terror watchlists from buying firearms and explosives.

Wednesday, June 22

  • President Barack Obama signed the following into law:
    • Key legislation: HR 2576 - the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The legislation reforms the Toxic Substances Control Act, an environmental law that requires chemical safety standards for common products. Under the new law, the U.S. Environmental Protection Agency (EPA) can test and regulate thousands of chemicals currently in use as well as chemicals that arrive on the market every year. A more controversial provision in the legislation blocks state governments from regulating chemicals on their own. The provision was opposed by states that took action to regulate chemicals but supported by chemical industry groups. The law was supported by both parties. It passed the U.S. House by a vote of 403 to 12 and the U.S. Senate by voice vote.
    • S 2276 - the Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act reauthorizes the federal pipeline safety oversight board. The law makes changes to Pipeline and Hazardous Materials Safety Administration (PHMSA) safety policies, including a push to add more transparency to the regulatory process. It also gives the U.S. Department of Transportation more power to issue emergency energy pipeline shutdown orders and requires a study of pipeline operators’ management plans.
    • HR 812 - the Indian Trust Asset Reform Act.
    • HR 1762 - To name the Department of Veterans Affairs community-based outpatient clinic in The Dalles, Oregon, as the "Loren R. Kaufman VA Clinic.”
    • HR 2137 - the Federal Law Enforcement Self-Defense and Protection Act of 2015.
    • HR 2212 - To take certain Federal lands located in Lassen County, California, into trust for the benefit of the Susanville Indian Rancheria, and for other purposes.
  • Key vote: The Senate rejected S Amdt 4787 to S Amdt 4685 by a vote of 58-38. Sixty votes were needed to move forward with the amendment. The legislation proposed allowing the FBI to access electronic data without a warrant during investigations involving terrorism and making “permanent the authority for individual terrorists to be treated as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978.”
  • The House failed to override President Barack Obama’s veto of HJ Res 88 - Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" by a vote of 239-180. A two-thirds majority was needed to override the veto. The resolution proposed preventing the U.S. Department of Labor from implementing a rule that requires retirement investment advisors to put their customer’s interests first when providing advice.

Thursday, June 23

  • The Senate rejected the following gun control measures:
    • The Senate voted to avoid tabling S Amdt 4858 to HR 2578 by a vote of 46-52, but it failed to reach the 60 vote threshold necessary to move forward. The amendment, introduced by Sen. Susan Collins (R-Maine), proposed preventing individuals on the No Fly List and the Selectee List from purchasing firearms or explosives. Additionally, the legislation proposed a process for individuals to appeal the denial of the right to purchase a firearm in federal court.
    • The Senate voted to table S Amdt 4859 to S Amdt 4858 by a vote of 67-31. The amendment, introduced by Sen. Ron Johnson (R-Wis.), proposed preventing an individual on the No Fly List or Selectee List from purchasing a firearm or explosive by giving the U.S. attorney general the "authority to delay the transfer of a weapon for up to three business days while relevant law enforcement agencies conduct an investigation."
  • Key vote: The House passed legislation that provides $1.1 billion to fight Zika, a mosquito-borne virus that can cause paralysis and severe birth defects, by a vote of 239-171. The White House threatened to veto the bill. White House spokesman Eric Schultz said, "This is a bill that would steal money from other critically important public health priorities. We urge Republicans to stop turning this into a political football, and to actually get to work to come up with proposals that will serve the American people." Speaker Paul Ryan (R-Wis.) countered, "It is a responsible plan that assures the administration will continue to have the needed resources to protect the public."

Friday, June 24

  • After the United Kingdom voted to leave the European Union, President Barack Obama released the following statement: “The people of the United Kingdom have spoken, and we respect their decision. The special relationship between the United States and the United Kingdom is enduring, and the United Kingdom’s membership in NATO remains a vital cornerstone of U.S. foreign, security, and economic policy. So too is our relationship with the European Union, which has done so much to promote stability, stimulate economic growth, and foster the spread of democratic values and ideals across the continent and beyond. The United Kingdom and the European Union will remain indispensable partners of the United States even as they begin negotiating their ongoing relationship to ensure continued stability, security, and prosperity for Europe, Great Britain and Northern Ireland, and the world.” Obama initially explained his opposition to the UK leaving the EU in an op-ed.

 

Congress is IN session SCOTUS is IN session
The U.S. Senate will be in session Monday-Thursday next week. The U.S. House is not in session next week. The U.S. Supreme Court will hold its final session of this term on Monday, June 27.

What’s On Tap Next Week

Monday, June 27

Tuesday, June 28

  • Colorado will hold congressional primaries.
    • The U.S. Senate seat currently held by Michael Bennet (D) is up for election in 2016. Bennet will face no primary challenger. Five Republicans will compete for the chance to face Bennet in November. The general election contest is currently rated as a race to watch.
    • Colorado has seven U.S. House districts. The Republican Party currently holds four seats to the Democratic Party’s three seats.
    • All seven House incumbents are seeking re-election in 2016. Only three will face a primary challenger on Tuesday.
    • Colorado’s 6th District is a battleground in 2016. Incumbent Mike Coffman (R) is seeking re-election and will face state Sen. Morgan Carroll in November. Neither candidate will face a primary opponent.
  • New York will hold congressional primaries.
    • The U.S. Senate seat currently held by Chuck Schumer (D) is up for election in 2016. Schumer will face Wendy Long in the general election. Neither candidate will face a primary challenger. The race is rated safely Democratic.
    • New York has 27 U.S. House districts. The Democratic Party currently holds 18 seats to the Republican Party’s nine seats.
    • Of the 27 incumbents, 23 are seeking re-election in 2016. Only five incumbents (21.7 percent) will face a primary challenger.
    • New York has five U.S. House battleground districts, more than any other state. They are Districts 1, 3, 18, 19, and 22. Districts 3, 19, and 22 are open seats.
  • Oklahoma will hold congressional primaries.
    • The U.S. Senate seat currently held by James Lankford (R) is up for election in 2016. Lankford will face Mike Workman (D) in the general election. Neither candidate will face a primary opponent. The race is rated safely Republican.
    • Oklahoma has five U.S. House districts. The Republican Party currently holds all five seats, and all five races are rated safely Republican in November.
    • All five incumbents are seeking re-election in 2016, and each will face at least one primary challenger.
  • Utah will hold congressional primaries.
    • The U.S. Senate seat currently held by Mike Lee (R) is up for election in 2016. Lee will face no primary challenger. Misty Snow and Jonathan Swinton will compete in the Democratic primary for the chance to face Lee in November. The general election contest is rated safely Republican.
    • Utah has four U.S. House districts. The Republican Party currently holds all four seats.
    • All four incumbents are seeking re-election in 2016, but only one, Jason Chaffetz, will face a primary challenger.
    • Utah’s 4th District is a race to watch in 2016. Incumbent Mia Love (R) is seeking re-election and will face Doug Owens (D) in a rematch of the 2014 election. Neither candidate will face a primary opponent.

 

Where was the president last week? Federal judiciary
President Barack Obama traveled to the Global Entrepreneurship Summit at Stanford University on Thursday.  
  • 95 total federal judicial vacancies, including one Supreme Court vacancy
  • 66 pending nominations
  • 15 future vacancies

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State and Local

What's on tap?

This week, Ballotpedia released a Mid-Year Recall Report. Ballotpedia found that 9.2 percent of targeted officials were successfully recalled in 2014, 14.5 percent were recalled in 2015, and 10.9 percent have been recalled thus far in 2016. The report provides more statistics, as well as a look at notable recall efforts in Michigan, Texas, and West Ada, Idaho.

 

Highlights

State

  • On June 21, Christopher Porrino (R) was sworn in as acting attorney general of New Jersey. Governor Chris Christie (R) nominated Porrino last week to succeed Robert Lougy (R), who stepped down following a nomination by Christie to the New Jersey Superior Court. Porrino will serve on an interim basis until confirmed by the state Senate.

If history holds true, the confirmation might never happen. Lougy, though he served only three months, was never confirmed by the Senate; John Hoffman (R), whom Lougy replaced, also was never confirmed. In fact, his nomination was never even submitted to the Senate; he served for nearly three years. This is not an unusual occurrence in New Jersey: The Record reported in August 2015 that over 20 percent of appointed officials in the state were serving without the required confirmation from the Senate. Christie and the Democratic-led state legislature have a long history of clashing over appointments, and a seat on the state supreme court was held by a temporary justice for six years as a result; the legislature finally confirmed an appointee in April 2016. New Jersey currently has a divided government.

Local

  • In California, following turmoil in the Oakland Police Department that culminated in four different police chiefs holding office in the span of eight days, residents have begun calling for the resignation of Mayor Libby Schaaf (D). Issues in the department arose following the discovery of a sex scandal in which multiple officers allegedly had sex with an underaged prostitute. Other known scandals involving the police department include an interim police chief who was fired due to a past affair and a homicide investigator who compromised evidence and had his mistress write police reports. Schaaf has said she has no plans to resign or a timetable on hiring a permanent replacement police chief. She appointed city administrator Sabrina Landreth to oversee the department after Acting Chief Paul Figueroa decided to go on leave and to step down from the position. Schaaf unseated the incumbent mayor in an election in 2014 and campaigned in part on improving public safety and government transparency. Oakland is the eighth-largest city in California and the 45th-largest city in the U.S. by population.
 

State

The Week in Review

Ballot measures update

Saturday, June 18

Sunday, June 19

Monday, June 20

  • The governors of Mississippi and Kentucky joined the 11 other states represented in the lawsuit against the federal government over transgender bathroom access laws. A source in the office of Mississippi Attorney General Jim Hood (D) told the Times Record News that Governor Phil Bryant (R) had joined "on behalf of his office, but not the state" and therefore cannot use state legal resources in the suit. A spokesman for Kentucky Attorney General Andy Beshear (D) also stated that Governor Matt Bevin (R) joined the suit without the support of Beshear’s office. Bevin has been embroiled in a feud with Beshear and his father, former Governor Steve Beshear, since Bevin assumed office in January.

Tuesday, June 21

  • The Providence Journal reported that two top advisors to Rhode Island Gov. Gina Raimondo were set to step down at the end of the week. Stephen Neuman, her chief of staff, accepted a position working for Hillary Clinton’s presidential campaign in Michigan; he will be replaced by former state Sen. David Cruise. Raimondo’s communications director, Joy Fox, left to take an advisory role in economic policy with former Treasury Secretary Robert Rubin.
  • The United States Court of Appeals for the 4th Circuit heard oral arguments in an appeals case involving an election reform package passed by the Republican-controlled General Assembly of North Carolina in 2013. The law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and—perhaps most controversially—established a photo identification requirement for voters. On April 25, 2016, federal Judge Thomas Schroeder upheld the law, finding that it upheld legitimate state interests. Attorneys for the appellants argued that the law constituted an "unprecedented rollback of voting rights, which intentionally targeted minorities who tend to vote for Democrats." Meanwhile, proponents of the law argued that the reforms were necessary in order minimize voter fraud and maintain election integrity. According to The Wall Street Journal, the appellate judges "signaled they were aware that they would need to make a fairly quick ruling to give North Carolina time to prepare for Election Day, which is 20 weeks away." To learn more about voting policy in North Carolina, see this article.

Wednesday, June 22

  • Arizona State Rep. Ceci Velasquez (D-29) was indicted on several charges of felony welfare fraud including fraudulent schemes and practices, unlawful use of food stamps, and theft. These charges were the result of an investigation conducted after the state got a tip of possible fraudulent activity in November 2014. Velasquez tweeted that she had “done nothing wrong” and stated that the investigations and charges were politically motivated. Velasquez was elected in 2014.
  • Supporters of four Massachusetts indirect initiated state statutes submitted signatures to local clerks. Supporters of the Question 3, Ending Common Core Education Standards Initiative, Marijuana Legalization Initiative, and “Fair Access to Public Charter Schools” Initiative needed to submit 10,792 signatures for local clerks to prepare and send to the state by July 6, 2016. Wednesday was the second round of signature submissions. Prior to June 22, petitioners had a deadline of December 2, 2015, to submit 64,750 signatures to the Massachusetts Legislature, which may approve initiated statutes to the ballot. If the legislature does not act on the potential measures, supporters must collect an additional 10,792 signatures. Supporters of a fifth measure, the Question 1, did not say if they submitted signatures.
  • Kentucky Attorney General Andy Beshear (D) announced he would file a lawsuit against Governor Matt Bevin (R) regarding his recent executive orders reorganizing two state boards of trustees. This is the second legal action Beshear has taken against Bevin this year; the first was dismissed last month by a circuit court judge, a decision that Beshear said he planned to appeal. The lawsuit is the latest installment in Bevin's ongoing feud with Beshear and his father, former Governor Steve Beshear (D), whom Bevin succeeded. Bevin and the elder Beshear have made no secret of their dislike for each other since Bevin assumed office in January, trading barbs during speeches, press conferences, and even in an online ad. State officials from both major parties have criticized the very public feud, which could influence the outcome of Kentucky Republicans' fight to gain control of the state House this year. The Kentucky House is one of 20 battleground chambers identified by Ballotpedia in 2016. Kentucky currently has a divided government; if Republicans win the state House, they will gain trifecta control of the state.
  • Wyoming federal Judge Scott Skavdahl struck down an Obama administration rule regulating hydraulic fracturing (fracking) on federal lands. The rule would have required oil and gas operators to submit new information about the oil and gas wells being fracked and disclose the chemicals used in the fracking process. It also would have created new wastewater management standards and changed well structure requirements. Judge Skavdahl struck down the rule by stating that the Energy Policy Act of 2005 prevented fracking from being regulated by the federal government. Following the ruling, White House spokesman Josh Earnest said the administration would continue to defend the ruling in court. According to the Bureau of Land Management, fracking was used on almost 90 percent of the 2,800 wells drilled on federally managed lands in 2013.
  • Gov. Larry Hogan released a set of proposed rules that would regulate fracking in Maryland. There has been a moratorium on fracking in Maryland since 2011 that was put into place by then-Gov. Martin O'Malley. The moratorium continued while the state completed several studies about the expected impacts of the oil and gas extraction practice. If Hogan's recommended rules are adopted, fracking permits could begin being issued in October 2017.
  • Kentucky Governor Matt Bevin released a proposal to overhaul the state’s Medicaid program by requiring enrollees to pay monthly premiums ranging from $1 to $15. Disabled adults and pregnant women would be excluded from the requirements. The premiums would vary based on income level, and the program would allow enrollees to earn credits that could be used for the purchase of dental or vision benefits. Bevin says the plan will save the state $2.2 billion between 2017 and 2021. Bevin will submit his plan to the federal government for approval and has said that if it is rejected, he would roll back the expanded eligibility for the program enacted under former Governor Steve Beshear, meaning that 440,000 fewer Kentuckians would be eligible for Medicaid.
  • Pennsylvania Governor Tom Wolf has announced he will no longer seek hikes to state income or sales taxes to increase revenue. This announcement comes within a week of the July 1 budget deadline. Wolf had intended a tax hike to boost funding for schools, but Wolf has scaled back his original request of about $350 million to $250 million. Wolf has also requested an increase of $34 million to deal with heroin and opioid abuse in the state. Wolf’s proposed tax hikes had been opposed by the Republican-controlled state legislature. Where the needed revenue will come from is being discussed by both sides; tobacco and gambling taxes and new liquor sales laws have been mentioned.
  • Oklahoma State Rep. Richard Morrissette (D) withdrew from the race for Corporation Commission, leaving incumbent Dana Murphy (R) unopposed in the general election. The popular lawmaker had declared his candidacy for Murphy's seat in February 2016, following his criticism of the commission's response to the recent rise in purported human-induced earthquakes caused by the state's oil and gas industries. Morissette had called the commission's plan to reduce drilling by 50 percent within a 3.5-mile radius of a large December 2015 quake insufficient, while Murphy claimed that shutting down the wells too quickly might cause further instability. Morissette released a statement on his Facebook page citing the April 2016 death of his father as the motivating factor for withdrawing.

Thursday, June 23

  • New York Governor Andrew Cuomo signed into law legislation aimed at curbing opioid abuse and overdoses. The law limits initial opioid prescriptions for acute pain to a seven-day supply and requires additional consultation between doctors and patients before refills may be authorized. The new law also requires insurers to cover the first two weeks of inpatient substance abuse treatment without prior authorization, extends the time individuals can be held for emergency treatment from 48 to 72 hours, and creates 2,500 additional slots for substance abuse treatment programs in the state. Earlier this year, Massachusetts and Delaware also passed similar legislation limiting the initial supply of opioid painkillers to seven days.
  • Hawaii became the first state to put gun owners into an FBI database known as the “Rap Back” system after Gov. David Ige (D) signed SB 2954 into law. The new law will alert the police when a firearm owner is arrested for a criminal offense anywhere in the country. Gov. Ige said in a statement that the legislation is “about our community’s safety and responsible gun ownership. This system will better enable our law enforcement agencies to ensure the security of all Hawai‘i residents and visitors to our islands.” Ige also signed HB 625 and HB 2632. HB 625 may disqualify someone from owning a gun if he or she has been convicted of stalking or sexual assault. The other bill would require someone who has been diagnosed with a significant behavioral, emotional, or mental disorder to surrender his or her firearms and ammunition to the police.
  • Alaska Attorney General Craig W. Richards announced his retirement effective immediately, citing a desire to spend more time with family. Governor Bill Walker (I) appointed Deputy Attorney General Jim Cantor as acting attorney general until a replacement can be found. In another cabinet shake-up, Walker announced he would appoint Andy Mack as the state's natural resources commissioner following acting Commissioner Marty Rutherford's retirement announcement. Rutherford has served since Mark Myers retired on March 1, 2016; Mack will assume office on June 30, when Rutherford steps down.
  • The California “Fair Wage Act of 2016” Minimum Wage Initiative was withdrawn and will not appear on the November ballot. The initiative would have raised the state’s minimum wage to $15 per hour by 2021. The initiative’s sponsoring group, SEIU-UHW West, was involved in negotiations for Senate Bill 3, which was signed into law by Governor Jerry Brown in April. The bill was designed to gradually increase the state minimum wage until it reached $15 by the year 2022, and “Fair Wage Act of 2016” petitioners announced that their initiative would likely be withdrawn upon enactment of the legislation. A competing $15 minimum wage initiative, the “Raise California’s Wage and Paid Sick Days Act,” was withdrawn by its respective petitioners on April 1, 2016.
  • The California “Safety for All” Gun Control Initiative will appear on the November ballot. Supporters have until June 28, 2016, to collect the 365,880 valid signatures required to qualify the measure for the ballot, and they submitted more than 600,000 signatures in April. The secretary of state concluded that about 400,000 of the signatures collected were valid and certified the measure prior to its circulation deadline. The initiative would prohibit individuals from possessing large-capacity ammunition magazines and require that they pass a background check and obtain authorization from the Department of Justice in order to purchase ammunition.

Friday, June 24

  • Filing deadline: Florida
    • State legislature: Florida has 20 state Senate and 120 state House seats up for election in 2016. Republicans have a 12-seat majority in the Senate and a 42-seat majority in the House. With a Republican governor, Florida is one of 23 Republican state government trifectas. On December 30, 2015, a Florida judge ruled that the state Senate district maps violated anti-gerrymandering laws. The new district maps favor Democrats and give the party a chance to regain a state Senate majority. Out of the 40 Senate districts, 21 districts voted for President Barack Obama (D) in 2012, while only 19 districts voted for Republican Mitt Romney. The unofficial candidate list does not show any incumbent vs. incumbent matchups in the state Senate.
  • The Kansas State Legislature adjourned its two-day special session after passing an education funding plan. The bill now goes before Gov. Sam Brownback (R), who is expected to sign it. The Republican plan will increase aid to poor school districts by $38 million. The aid will come from diverting funds from other parts of the state budget and from redistributing funds from wealthier school districts. The plan will funnel up to $13 million from the sale of the Kansas Bioscience Authority to help pay for additional school spending. Earlier this year, the court ruled the state’s school funding formula unconstitutional and gave lawmakers until June 30 to submit a new plan that satisfied the court; if it failed to do so, the court had threatened to close the state’s public schools on July 1.
    • In the Kansas special legislative session, two bills were immediately introduced by the House Judiciary Committee: a constitutional amendment that would cap school funding at 45 percent of the state budget and a bill to create a superior court that would have appellate jurisdiction over the state supreme court. The bill prescribes that the superior court would have appellate jurisdiction over decisions made by administrative bodies and officers of the state, and appellate jurisdiction over all matters for which the state supreme court has original jurisdiction. The superior court would be the court of last resort for all matters over which it has jurisdiction, meaning that the supreme court would have no authority to re-hear rulings of the superior court. The bill provides a timeline for appointing judges and setting up the court by the summer of 2017.

 

What’s On Tap Next Week

Saturday, June 25

  • The South Dakota Republican and Democratic parties will hold conventions at which they will nominate candidates for the seat up for election on the Public Utilities Commission. Incumbent Chris Nelson (R) announced earlier this year that he would seek the Republican nomination; Ballotpedia was unable to identify other potential candidates prior to the conventions.

Tuesday, June 28

ELECTION NIGHT PREVIEW: Three states will hold primaries; Colorado’s legislative primaries will set up November’s battleground elections; CEO will attempt to unseat Utah’s incumbent governor

  • Primary election: Colorado
    • State legislature: There are 18 state Senate seats and 65 state House seats up for election. Just five incumbents, all Republicans, are facing primary competition. Both chambers are included in Ballotpedia’s list of top battlegrounds in 2016. Republicans control the Senate with a one-seat majority, while the House is under a three-seat Democratic majority.
  • Primary election: Oklahoma
    • State executives: One seat is up for election on the Corporation Commission, the state's regulatory agency for utilities. Incumbent Dana Murphy (R) is running for re-election to a second full term and is unopposed in the Republican primary election. State Rep. Richard Morrissette (D) withdrew from the race on June 22, 2016, following the death of his father, leaving Murphy unopposed in the November general election.
    • State legislature: There are 25 state Senate seats and 101 state House seats up for election. Twenty-eight incumbents are facing primary competition. Republicans control both chambers with strong majorities. With Republican Governor Mary Fallin, Oklahoma is one of 23 Republican state government trifectas.
  • Primary election: Utah
    • State executives: Five seats are up for election in 2016; however, only the Republican primary for governor will appear on the June 28 ballot. In Utah, state executive candidates are usually nominated at the parties’ state conventions without a primary election. But, if no candidate wins 60 percent or more of the delegate vote, a primary election is held. Former Overstock.com CEO Jonathan Johnson (R) has been campaigning hard to win the nomination away from incumbent Governor Gary Herbert (R) and was able to win 55 percent of the vote at the GOP convention. Despite the show of support from delegates, Johnson has consistently polled poorly against Herbert and trails him in fundraising by a large margin. Johnson, along with running mate and high school principal Robyn Bagley, needs to secure a simple majority in the primary to win the nomination away from Governor Herbert and Lt. Governor Spencer Cox. This race is currently rated "Safe Republican." Utah is one of 23 Republican trifectas.
    • State legislature: There are 15 state Senate seats and 75 state House seats up for election. Twenty-three incumbents are facing primary competition. Incumbent representatives Fred Cox (R-30) and Earl Tanner (R-43) were defeated in party conventions. Both chambers have significant GOP majorities.
  • Primary runoff election: South Carolina
    • State legislature: Thirteen primary runoffs will be held—six in the state Senate and seven in the state House. Five runoffs involve an incumbent. Both chambers are controlled by the Republican Party.

Thursday, June 30

 

State government in session

Seven states are in regular session; California and Hawaii are in special session.

  • CA, DE, MA, NC, NJ, OH, PA.


One state is in recess:

  • MI until 7/13/2016

Adjourned regular sessions:

  • AK, AL, AR, AZ, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MO, MN, MS, NE, NM, NH, NY, OK, OR, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY.

States with no regular 2016 sessions:

  • MT, ND, NV, TX.

All states whose initials appear in red or blue in the above list have unified Republican or Democratic Party control across the state house, the state senate, and the office of the governor. Ballotpedia identifies these as “trifectas.” There are seven Democratic and 23 Republican trifectas.

State government special elections

As of this week, 40 seats have been filled through legislative special elections in 2016. Seven involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21) and three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9). Another six (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Next week

Local

The Week in Review

2016 elections

  • In 2016, Ballotpedia is covering 45 municipal elections across America's 100 most populous cities, local judicial elections across all 39 states holding elections, 640 school board elections across America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
    • So far this year, Ballotpedia has covered 22 city elections, 21 states with local judicial elections, 172 school board elections, and elections for 162 local ballot measures in California.
  • Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.

Saturday, June 18

  • One of the seven seats on the nonpartisan Dallas Independent School District school board was up for special runoff election. The District 2 seat was left vacant when former board member Mike Morath left to become the commissioner of the Texas Education Agency. Business owner Dustin Marshall and parent Mita Havlick defeated two other candidates in the special election on May 7, 2016, to advance to the runoff for a one-year term. Marshall won the seat but received just 42 more votes than Havlick out of the 5,814 votes cast in the election, according to the unofficial count. Three other seats on the board were up for a regular general election in May, as well. The Dallas Independent School District served 159,713 students during the 2013-2014 school year.

Monday, June 20

  • Businessman Jeremiah Reichberg and three New York City police commanders were arrested on federal corruption charges. According to The New York Times, the corruption involved businessmen bribing police officials in return for favors. The bribes allegedly included “jewelry for the police inspector’s wife; a video game system for the chief’s children; tickets to Brooklyn Nets games; hotel rooms in Rome and Chicago; even a private-jet flight to Las Vegas, with a prostitute on board.” The second businessman connected to the scandal, Jona Rechnitz, has already pleaded guilty and is reportedly assisting the investigation. Reichberg and Rechnitz were accused of using these gifts to receive preferential treatment and attention from the New York Police Department, including influencing where certain officers were appointed and receiving rides in squad cars on demand. One of the officers was charged regarding a different arrangement related to bribes for successful gun license applications. New York City is the largest city in the U.S. by population.
    • Rechnitz is also cooperating with an ongoing investigation tied to Mayor Bill de Blasio’s (D) political fundraising. In response to questions regarding a possible connection between the two investigations, U.S. Attorney Preet Bharara stated, “There is no allegation that has anything to do with the mayor anywhere.” Both Reichberg and Rechnitz have donated significant sums of money to the mayor’s electoral efforts.

Tuesday, June 21

  • Fairfax County, Virginia, passed ordinances calling for improved police training and a study on body cameras in an effort to curb violence and improve community trust. The recommendations were proposed by an advisory commission formed after an unarmed resident was killed by police in 2015. While the changes to police training to improve de-escalation techniques passed relatively quietly, the recommendation that the police chief take 18 months to study privacy issues and body cameras sparked concern. “We’ve spent two and a half years studying this issue. How much more time do you need?” asked Supervisor John Foust. Fairfax County is Virginia’s most populous county and borders Washington, D.C.
  • Michigan Governor Rick Snyder (R) signed a bill sending $617 million and a restructuring plan to Detroit Public Schools. The plan will split Detroit Public Schools into two districts. The existing district will remain to collect taxes and pay off $617 million in debt over eight and a half years, while the new district will receive $617 million from the state to educate students under a new school board. Earlier this year, Detroit Public Schools faced teacher sick-outs and protests over school conditions. State Democrats and the teachers union oppose the restructuring plan, saying it doesn’t do enough to help the district.
  • The New York City Council voted 49-0 in favor of providing free menstrual products in homeless shelters, correctional facilities, and public schools. Mayor Bill de Blasio (D) previously stated his support for the legislation and is expected to sign the measure, which is the first of its kind in the United States. The tampon and sanitary pad dispensers are estimated to cost the city $4.2 million in the first year and $2.4 million annually in subsequent years. In calling for the measure, City Councilwoman Julissa Ferreras-Copeland argued that the products are "as necessary as toilet paper" and similarly ought to be provided free of charge at public facilities.

Wednesday, June 22

  • The Los Angeles City Council in California voted to approve a $57.6 million deal to outfit all city police officers with body cameras by late 2017. The police force will be the largest one in the nation to use the equipment across the board. Several other major cities, including New York City, Chicago, Philadelphia, Houston, and Washington, D.C., have also experimented with police body cameras in recent years. Los Angeles Mayor Eric Garcetti (D) began pushing for the move in 2014, but members of the council initially balked at the program’s price tag. The city currently has about 860 body cameras, all obtained through private donations, and approximately 7,000 police officers. The American Civil Liberties Union of Southern California also opposed the program, citing the police department’s policy not to release body camera footage without a court order. The plan received support from Police Commissioner Steve Soboroff, who stated that the city’s efforts may serve as a model for other police departments. Los Angeles is California’s largest city and the second-largest in the U.S. by population.
  • Chicago Mayor Rahm Emanuel's (D) proposals to regulate the city’s ridesharing and housing rental industries were approved by the city council, impacting popular online businesses such as Uber, Lyft, Airbnb, and VRBO. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
    • Ridesharing: Although the city council initially considered requiring fingerprint background checks of drivers with ridesharing platforms such as Uber and specialty vehicles for disabled riders, it eventually approved a less stringent version of the bill. The final version, which passed 36-12, called for a six-month study on fingerprint background checks and required ridesharing companies operating in the city to accommodate disabled riders within a year. The ordinance requires ridesharing drivers to obtain chauffeur licenses, which they may receive via online training courses. An official for Uber praised the bill and stated that it met the demands of “hundreds of thousands of Chicagoans.” Mayor Emanuel's brother, Hollywood agent Ari Emanuel, is a significant investor in Uber.
    • Housing rentals: The new rules on housing rentals, which passed 43-7, allow residents in single-family home zoning areas the power to petition for or against home rental restrictions, but they did not address areas zoned for condos or rentals. The ordinance set a variety of caps on housing rentals in different kinds of buildings and areas in a manner that the Chicago Tribune referred to as “dizzyingly complex.” It requires Airbnb to purchase a $10,000 license to operate in the city, enacts a 4 percent tax per rental for homeless services, and sets a $60 fee per city address listed on the website. Airbnb senior adviser and former Chicago Alderman Will Burns voiced his support for the regulations and stated, "The City of Big Shoulders is giving a big welcome to home sharing."
    • The new Chicago laws are the latest in a series of regulations proposed or enacted targeting these two “sharing economy” industries:
      • June 13, 2016: The Denver City Council passed a pair of regulations targeting the short-term housing rental industry. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced.
      • June 7, 2016: The San Francisco Board of Supervisors approved legislation that restricts commercial postings from short-term housing rental websites. A similar but more extensive citizen-initiated measure, Proposition F, was defeated in 2015. Under the new law, only residents registered with the city as hosts are permitted to post short-term listings. Any individual or business found posting a noncompliant listing can be fined up to $1,000 per day.
      • June 1, 2016: Seattle Mayor Ed Murray (D) and Councilman Tim Burgess (D) proposed limiting short-term rentals to improve the city’s housing market. Their plan would allow only primary residences to be listed year-round on services such as Airbnb and VRBO, whereas secondary residences would be limited to 90 nights per calendar year.
      • May 16, 2016: Uber threatened to cease operations in Houston, Texas, unless the city council votes to repeal a regulation that requires fingerprint-based background checks for drivers. Uber made a similar move in both Galveston and Midland in February 2016. Uber regulations and a threat by the company to leave also played a role in San Antonio’s mayoral race in 2015.
      • May 10, 2016: The Corpus Christi City Council in Texas voted to reject an ordinance to allow Uber and Lyft ridesharing service drivers to operate without fingerprinting and background checks. In response, the group that proposed the ordinance, Citizens of Corpus Christi, announced its intention to put a referendum on the public ballot on November 8, 2016. The city council’s approval of regulations on the ridesharing services resulted in both companies withdrawing from the city.
      • May 7, 2016: In Austin, Texas, 56 percent of voters rejected Proposition 1, which would have overturned a city law requiring ridesharing drivers to undergo fingerprinting and background checks. Uber and Lyft spent a combined total of more than $8 million to promote the referendum. After its failure, both ceased their operations in the city.
  • The Chicago City Council approved an ordinance requiring employers in the city to offer five days of paid sick leave, effective July 2017. The measure passed the council unanimously, but it was opposed by both the Chicagoland Chamber of Commerce and the Illinois Retail Merchants Association. More than 25 other cities across the country currently have similar paid sick leave laws. Such measures have become a trend in California recently, with Los Angeles, San Diego, San Francisco, and Oakland all passing similar laws either through council votes or referendums.
  • The New York City Police Department is the target of a federal class-action lawsuit over its policy banning officers from having beards. The suit was filed on behalf of Masood Syed, a Pakistani-American who claimed he was suspended without pay for not shaving his beard during Ramadan. The lawsuit claims that the department’s policy infringes on the rights of more than 100 police officers. The department’s legal counsel defends the policy, saying it protects officers in physical confrontations and meets federal guidelines for gas mask use. There is an exception to the policy for religious observers and medical conditions, but it allows only up to one millimeter of beard growth. The city previously lost a similar suit when a federal district court sided with a Hasidic Jewish police officer who was fired during his probationary period for refusing to shave his beard on religious grounds.

Thursday, June 23

  • Charles Pugh, former president of the Detroit City Council in Michigan, was arrested on six counts of criminal sexual misconduct. The charges were made regarding his alleged molestation of a 14-year-old student from 2003 to 2004. Wayne County Prosecutor Kym Worthy called on June 22, 2016, for Pugh to face arrest and criminal charges. Pugh served as city council president from 2010 to 2013 after being elected as the city’s first openly gay public official in 2009. Pugh was arrested in New York City, where he had reportedly lived and worked as a restaraunt waiter since leaving Detroit in 2013. According to the Detroit Free Press, he “fled Detroit in the middle of the night” once the news broke regarding a different relationship with a 17-year-old student in 2012. The 17-year-old student sued Pugh and the school district and won a $250,000 jury verdict against Pugh and $350,000 from the district in November 2015. Detroit is the largest city in Michigan and the 18th-largest city in the U.S. by population.
    • Three of the six counts against Pugh are first-degree charges, and the other three counts are third-degree charges. The maximum possible penalty of the first-degree charges is life in prison, and the maximum penalty for the third-degree charges is 15 years in prison. He is expected to be extradited and arraigned in Detroit.

Friday, June 24

  • FILING DEADLINE: Deadline passed to run for local judgeships across the state of Florida. The primary election will be on August 30, 2016, and the general election will be on November 8, 2016. The August primary election will functionally serve as a general election, since the November general election will only be held in races where no candidate wins a majority of the vote in the primary.
  • FILING DEADLINE: Deadline passed to run for 94 school board seats across 38 of Florida’s largest school districts. Five of nine school board seats are up for election in Miami-Dade County Public Schools, which is the largest of the 38 districts. It served 356,233 students during the 2013-2014 school year. The primary election will be on August 30, 2016, and the general election will be on November 8, 2016. The August primary election will functionally serve as a general election, since the November general election will only be held in races where no candidate wins a majority of the vote in the primary.

 

What’s On Tap Next Week

Saturday, June 25

  • Two of the seven seats on the Lubbock City Council in Texas are up for nonpartisan runoff election. Both seats, as well as the mayor’s office and another pair of city council seats, were up for general election on May 7, 2016. Since no candidates in the District 1 and District 2 races received more than 50 percent of the vote, those races resulted in runoffs. The District 1 contest is a special election for a two-year term, which was added to the ballot due to Councilman Victor Hernandez’s unsuccessful mayoral campaign. Frank Gutierrez and Juan Chadis will face each other in the District 1 runoff, and Shelia Patterson-Harris and Jared Hall will compete in the District 2 runoff. Lubbock is the 11th-largest city in Texas and the 84th-largest city in the U.S. by population.

Tuesday, June 28

  • The mayor’s office and all nine seats on the Tulsa City Council in Oklahoma are up for nonpartisan primary election. Mayor Dewey Bartlett Jr. (R) is running for re-election to a third term against four challengers, including Councilman G. T. Bynum. The mayor held a slim, three-point edge over Bynum in a poll conducted on June 20, 2016, with a 4 percent margin of error. Three of the city council seats will not appear on the ballot, since the incumbents who filed for re-election to those seats faced no challengers following the filing deadline. Five of the other six city council races feature an incumbent campaigning for re-election. Only Councilman Bynum’s District 9 seat is guaranteed to be won by a newcomer. Tulsa is the largest city in Oklahoma and the 47th-largest city in the U.S. by population.
    • The primary election will functionally serve as a general election because the general election on November 8, 2016, will only be held in races where no candidate won a majority of the vote in the primary. If the top two candidates do not receive more than 50 percent of the primary vote, a primary runoff election will be held on August 23, 2016.
  • In Oregon, Harney County Court Judge Steve Grasty is facing a recall election. The recall effort began due to his refusal to allow Ammon Bundy and his supporters to use a county fairgrounds building during the 41-day occupation of the Malheur National Wildlife Refuge. The armed occupation began as a protest of the federal government's policies on land use as well as arrests of two local residents. The recall petition criticized Grasty for suppressing the rights of citizens to freedom of speech and to peaceably assemble in public buildings. Grasty refused to resign in response to the recall effort, and approximately 100 county residents held a rally to support him in June 2016. The Oregonian stated that his position is not a traditional judgeship but instead akin to "chairman of the county commission." Grasty first took office in 1999, and his third term is set to expire at the end of 2016. If he survives the recall effort, he intends to retire instead of seeking re-election.

Wednesday, June 29

  • FILING DEADLINE: Deadline to run for nine school board seats across two of Rhode Island’s largest school districts. All seven school board seats are up for election in Cranston Public Schools, which is the state’s second-largest school district. It served 10,552 students during the 2013-2014 school year. Warwick Public Schools is holding an election for two of its five school board seats. The general election will be on November 8, 2016.

Friday, July 1

  • FILING DEADLINE: Deadline passed to run for two of the seven school board seats in Idaho’s Boise School District. The district served 27,275 students during the 2013-2014 school year. The general election will be on September 6, 2016.

 

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