The Tap: What will the RNC Rules Committee do with Rule 40(b)?

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April 4, 2016Issue No. 10

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What happened last week: March 28 - April 3
What's happening this week: April 4 - April 10

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

  • With no primaries to focus on last week, Republicans turned their attention to what could happen in Cleveland at the Republican National Convention in July. Much of the chatter has surrounded whether or not the RNC Rules Committee will throw out, adjust, or keep Rule 40(b).
    • Rule 40(b) is an official rule of the Republican Party. As adopted in August 2012, it requires candidates for the Republican nomination for president to be able to demonstrate support from a majority of delegates in at least eight individual states in order to be considered for the Republication nomination for president at the 2016 Republican National Convention.
    • Rule 40(b) is a "temporary rule" and is likely to be changed—or possibly even removed—at the beginning of the 2016 convention in Cleveland; but, if adopted unchanged, it could prevent some candidates (such as John Kasich) and potential candidates (such as Paul Ryan or Mitt Romney) from having their name placed on the nominating ballot at the convention and thereby disqualify them from becoming the Republican nominee.
    • For more information on Rule 40(b), please see: Rule 40 and its impact on the 2016 Republican National Convention
 

Federal

Last week

Monday, March 28

  • On Monday, the Supreme Court heard oral argument in two cases: CRST Van Expedited, Inc. v. EEOC and Betterman v. Montana. The first case addressed the question of whether a defendant in a Title VII case is barred from seeking attorneys’ fees if the defendant does not prevail on the merits, which is an EEOC rule. The second case addressed whether the Speedy Trial Clause of the Sixth Amendment applies to the sentencing phase of a criminal prosecution.
  • The United States Supreme Court granted certiorari in Bravo-Fernandez et al. v. United States. The court will hear arguments next term on “whether … a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the … Double Jeopardy Clause (of the Sixth Amendment).” The case comes on appeal to the court from the United States Court of Appeals for the 1st Circuit.
  • The ACLU, Equality North Carolina, and three named plaintiffs filed a complaint for declaratory and injunctive relief with the United States District Court for the Middle District of North Carolina challenging the constitutionality of H.B. 2, the Public Facilities Privacy & Security Act, a North Carolina law that requires individuals to use bathroom and changing facilities on the basis of an individual’s biological sex as stated on the individual’s birth certificate. North Carolina Governor Pat McCrory, state Attorney General Roy Cooper, the University of North Carolina, its Board of Governors, and Board Chair Louis Bissette were named as defendants in the complaint. Cooper, a Democrat, called H.B. 2 “a national embarrassment” and said that he would not defend the law in court.
  • Ted Cruz wrote an op-ed in The New York Daily News to address New York City Police Commissioner Bill Bratton’s criticism of his proposal to surveil Muslim communities in the U.S. Discussing a now-disbanded New York City counterterrorism unit that used demographics to target certain communities, Cruz wrote, “Simply put, demographic trends are not static. They are dynamic. They change over time. The pockets of New York City that are fertile grounds for terrorist recruitment today may not be fertile grounds next year, and places without a significant radical presence right now may become hotbeds of terrorist activity in the future. To say that the work of a vital intelligence unit ‘was finished’ is not plausible. It is the excuse of an administration grasping for anything to justify what was obviously a surrender to political correctness.”
  • CNN reported on Monday that John Kasich’s campaign attempted to coordinate with Ted Cruz’s campaign, using 2012 Republican presidential nominee Mitt Romney as an intermediary, to prevent Trump from attaining the minimum number of delegates necessary to win the Republican presidential nomination. Cruz campaign manager Jeff Roe has reportedly not reached out to Kasich’s campaign as requested. Roe told CNN that “the Cruz campaign has no desire to work with Kasich because they do not believe there is any advantage in it to the Texas senator. Cruz officials insist the Ohio governor is a spoiler -- plain and simple -- because they say he does not take votes from Trump, only Cruz.”
  • In the U.S. Geological Survey's 2016 seismic forecast for the central and eastern United States, the agency found that the chance of a having an earthquake in north-central Oklahoma and southern Kansas is nearly as high as that of earthquake-prone areas of California. The USGS stated that "scientific studies have linked the majority of this increased [seismic] activity to wastewater injection in deep disposal wells." Furthermore, these seismic events have increased by an order of magnitude. The report asked government agencies to take their findings into account when "formulating risk mitigation strategies." Of the states experiencing seismic activity, Oklahoma has seen the largest increase in the number of earthquakes it experiences, especially in the number of earthquakes with a magnitude of 3.5 or greater. As of October 2014, the rate of 3.0-magnitude earthquakes was 300 times higher than in previous decades. In response, the Oklahoma Corporation Commission (OCC) created a traffic light system under which all injection well permits were reviewed for "proximity to faults, seismicity in the area, and other factors." The traffic light permits limit the volume of liquid and pressure that can exist in an injection well. These permits also set "red light conditions" that, if arrived at, require operators to immediately shut down a well.

Tuesday, March 29

  • Wisconsin Gov. Scott Walker (R) endorsed Ted Cruz. He posted the following to Twitter: “After the failed Obama-Clinton Admin, Americans want leadership. I endorse @TedCruz, a principled constitutional conservative who can win.” During an interview, Walker discussed his choice, saying, "After all these years of the Obama-Clinton failures, it’s time we elect a strong new leader, and I’ve chosen to endorse Ted Cruz. Ted Cruz is the best positioned by far to both win the nomination of the Republican Party and to then go on and defeat Hillary Clinton in the fall of this year. That's the key."
  • During CNN’s town hall event, all three GOP candidates said that they would not stand by their previous pledge to support the eventual Republican nominee.
    • John Kasich said, "All of us shouldn't even have answered that question.”
    • When asked if he would stand by his pledge, Donald Trump said, "No, I don't anymore.” Trump added that he has "been treated very unfairly" by the “Republican establishment.”
    • Ted Cruz said, "I'm not in the habit of supporting someone who attacks my wife and my family ... I think nominating Donald Trump would be an absolute trainwreck, I think it would hand the general election to Hillary Clinton."
  • The U.S. Supreme Court issued a 4-4 per curiam ruling in Friedrichs v. California Teachers Association affirming the judgment of the United States Court of Appeals for the Ninth Circuit. The case addressed whether requiring public employees to pay "agency shop" fees to public-sector unions violated the First Amendment, as well as whether the First Amendment is violated in requiring public employees to opt out of paying fees for union political activity rather than opting in to do so.
  • The court heard oral arguments in two cases: Sheriff v. Gillie and Ross v. Blake. The first case addressed whether the Fair Debt Collection Practices Act unconstitutionally limited Ohio’s sovereignty in having special counsel — appointed by the state’s Attorney General — use state AG letterhead to collect debts for the State. The Sixth Circuit held that special counsel was neither a state officer nor a state employee that qualified for an exemption to the Act, which prohibits “debt collectors from us[ing] any false, deceptive, or misleading representation or means.” The second case concerned a circuit split over a common law “special circumstances” exception to a federal law, the Prison Litigation Reform Act. Petitioner Ross argued that the Fourth Circuit’s ruling was exceptional to how other circuit courts and the Supreme Court have interpreted the exemption.
  • In a case regarding religious nonprofits’ objections to the Affordable Care Act’s contraception mandate, the United States Supreme Court ordered both parties to submit new briefs addressing alternative methods of providing contraception for the employees of those institutions. In the case, which was heard by the court on March 23, the nonprofits argued that the accommodation set up by the Obama administration, which requires the nonprofits to instead notify the government of their objection, still violated their religious beliefs. Questioning from the justices during oral arguments indicated the possibility of a four-to-four split in the decision. The court is now seeking from the parties proposals for a system that would allow employees at religious institutions to obtain contraception coverage with no direct action on the part of their employers. The briefs are due by April 12, and each party’s reply to the other’s brief is due by April 20.
  • Corey Lewandowski, campaign manager for Donald Trump, was charged with simple battery by Jupiter, Florida, police. The charge stems from an alleged altercation involving Lewandowski and Breitbart reporter Michelle Fields on March 9. Jupiter police also released a surveillance video of the altercation in question. Lewandowski’s initial court date is set for May 4. Trump has pledged his support for Lewandowski and said he will remain campaign manager.
    • See also: Alleged altercation between Michelle Fields and Trump campaign manager
    • See also: Alleged altercations involving Corey Lewandowski at Donald Trump campaign events
  • The U.S. and European allies sent a joint letter to the United Nations Security Council claiming that Iran’s recent launch of nuclear-capable missiles defied the Security Council’s resolution that endorsed the Iran Nuclear Deal in 2015. The Globe and Mail reported: “Western officials say that although the launches went against 2231, they were not a violation of the core nuclear agreement between Iran, Britain, China, France, Germany, Russia and the United States.”
  • Strategists Michael Biundo and Andrew Boucher joined the campaign of John Kasich as advisors for delegate selection. They will be tasked with targeting currently unpledged delegates as well as delegates pledged to Marco Rubio. Biundo previously worked on Rand Paul’s 2016 presidential campaign and was campaign manager for Rick Santorum’s 2012 presidential run.
  • FILING DEADLINE: Missouri’s congressional filing deadline. Missouri has one U.S. Senate seat and eight U.S. House seats up for election in 2016. The senate seat is currently held by Roy Blunt (R), and six of the eight house seats are held by Republicans, while the remaining two are held by Democrats. All nine incumbents up for re-election in 2016 are running, and they will all face at least one primary opponent in August. Ballotpedia rates each race as safe in the general election for the party that currently holds each seat.
  • FILING DEADLINE: South Dakota’s congressional filing deadline. South Dakota has one U.S. Senate seat and its only U.S. House seat up for election in 2016. Both seats are held by Republicans and Ballotpedia currently rates both races as safely Republican in the general election. Neither Sen. John Thune nor Rep. Kristi Noem will face a primary challenger in June.

Wednesday, March 30

  • During a town hall hosted by MSNBC’s Chris Matthews, Donald Trump said that “there has to be some form of punishment” for women who have abortions if abortion is criminalized. Shortly after the remarks were made public, Trump spokeswoman Hope Hicks released the following statement from Trump: “This issue is unclear and should be put back into the states for determination. Like Ronald Reagan, I am pro-life with exceptions, which I have outlined numerous times." Trump issued a second statement on Wednesday evening, stating, "If Congress were to pass legislation making abortion illegal and the federal courts upheld this legislation, or any state were permitted to ban abortion under state and federal law, the doctor or any other person performing this illegal act upon a woman would be held legally responsible, not the woman.”
    • Trump’s rivals have all commented on his position:
      • Ted Cruz released the following statement on Wednesday: “Once again Donald Trump has demonstrated that he hasn’t seriously thought through the issues, and he’ll say anything just to get attention. On the important issue of the sanctity of life, what’s far too often neglected is that being pro-life is not simply about the unborn child; it’s also about the mother — and creating a culture that respects her and embraces life. Of course we shouldn’t be talking about punishing women; we should affirm their dignity and the incredible gift they have to bring life into the world.”
      • John Kasich said, "Of course, women shouldn't be punished.”
      • Hillary Clinton tweeted, “Just when you thought it couldn’t get worse. Horrific and telling.”
      • Bernie Sanders also tweeted his response, writing, “Your Republican front-runner, ladies and gentlemen. Shameful.”
  • The U.S. Supreme Court vacated the judgment of the 11th Circuit Court of Appeals in Luis v. United States. In so doing, the court remanded the case back to the 11th Circuit. Five justices agreed with the court’s judgment in the case, however, the plurality opinion authored by Justice Stephen Breyer was joined by only three other justices, meaning that the court’s opinion in this case is not a binding precedent governing future cases. The case addressed whether a federal law permitting the freezing of a criminal defendant’s untainted property assets unconstitutionally violated petitioner’s Sixth Amendment right to an attorney due to her inability to pay counsel.
  • The Supreme Court heard oral arguments in two cases: Welch v. United States and U.S. Army Corps of Engineers v. Hawkes Co. The first case addressed a circuit split between the 7th and 11th Circuits over the Court’s 2015 opinion in Johnson v. United States (135 S. Ct. 2551) as to whether the court’s ruling in the case can be applied retroactively to defendants whose convictions became final before the court’s opinion in Johnson was handed down. The case is on appeal from the 11th Circuit. The second case addressed whether a U.S. Army Corps of Engineers’ determination under the Clean Water Act constituted final agency action and, as such, would be subject to judicial review under the Administrative Procedure Act.The case is on appeal from the 8th Circuit.
  • President Barack Obama hosted the fourth Nuclear Security Summit, a biannual meeting of world leaders to discuss keeping nuclear materials out of the hands of terrorists. According to Reuters, the meeting’s major issue will be “concern that Islamic State could eventually target nuclear plants and develop radioactive ‘dirty bombs.’” Russia declined to attend this year’s summit, despite having participated in the previous three. Deputy National Security Advisor Ben Rhodes said, “Frankly, all they’re doing is isolating themselves in not participating as they have in the past.”
  • The Internet Association, an industry group that represents major technology companies like Google, Facebook, Twitter, and Amazon, has endorsed the Trans-Pacific Partnership trade deal. In a statement, the group said, “The Internet industry is encouraged that the TPP recognizes the Internet as an essential American export, and supports the agreement’s passage. Historically, pro-Internet policies have been absent from trade agreements, which is why the TPP is an important step forward for the Internet sector that accounts for 6 percent of the GDP and nearly 3 million American jobs.”
  • Marco Rubio this week sent letters to state Republican parties in 21 states and territories requesting that delegates he won in a primary or caucus not be reallocated to another candidate. If the states grant his request, it could become more difficult for Donald Trump to amass the 1,237 delegates needed to secure the Republican nomination. A Rubio aide told MSNBC that Rubio “wants to give voters a chance to stop Trump.” Generally, when a candidate drops out of the race, his or her delegates are reallocated proportionally, but each state has different rules on how the process works. Alaska has agreed to grant Rubio’s request, and Alaska GOP Chairman Peter Goldberg told NBC News, “most states are leaning towards giving [Rubio] his delegates.”
  • The editorial board of The Milwaukee Journal Sentinel, which endorsed John Kasich, published an op-ed challenging Clinton’s commitment to transparency on Wednesday. “Clinton has a long track record of public service but an equally long record of obfuscation, secrecy and working in the shadows to boost her power and further her ambition. We encourage voters to think long and hard about that record when choosing the next president,” they wrote.
  • FILING DEADLINE: South Carolina’s congressional filing deadline. South Carolina has one U.S. Senate seat and seven U.S. House seats up for election in 2016. The senate seat is currently held by Tim Scott (R), and six of the seven house seats are held by Republicans, while the remaining one is held by a Democrat. All eight incumbents up for re-election in 2016 are running, but only two will face a primary challenger in June. In District 1, Mark Sanford (R) will face State Rep. Jenny Horne, and in District 5, Mick Mulvaney (R) will face challenger Ray Craig in the primary. Ballotpedia rates each race as safe for the party that currently holds it in the general election.

Thursday, March 31

  • John Kasich held a press conference where he discussed why he believes that Donald Trump is “clearly not prepared” to be president of the United States. He primarily criticized Trump’s foreign policy positions, including his discussion of using nuclear weapons in the Middle East and Europe, abolishing the Geneva Convention, and rejecting NATO. “As a commander in chief and leader of the free world, you don't get do-overs. You need to be able to get it right the first time,” Kasich said.
  • Donald Trump met with Reince Priebus, the chair of the Republican National Committee, on Thursday afternoon to discuss convention rules. “The Chairman and Mr. Trump had a productive conversation about the state of the race. The Chairman is in constant communication with all of the candidates and their campaigns about the primaries, general election, and the convention. Meeting and phone conversations with candidates and their campaigns are common and will increase as we get closer to November,” said an RNC spokesperson.
  • FILING DEADLINE: Virginia’s congressional filing deadline. Virginia has 11 U.S. House seats up for election in 2016. Eight of those seats are currently held by Republicans, and the remaining three seats are held by Democrats. Ballotpedia currently rates all races as safe for the party that currently holds the seat with the exception of District 4. Due to court-ordered redistricting, District 4, which is currently held by Republican Randy Forbes, is rated as safely Democratic. The Virginia Secretary of State has not yet released a list of candidates. More details on the primary will be posted once a candidate list is made available.

Friday, April 1

  • After touting a “YUGE” endorsement coming, Rand Paul announced he would not endorse anyone in the Republican primary. However, he announced that he would support Donald Trump if he becomes the Republican nominee. “Think about it from this perspective. I'm from Kentucky, and Hillary Clinton recently said she would put coal miners out of business, and she would put coal companies out of business.”

 

Congress is IN session SCOTUS is NOT in session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House remains on recess until April 12. The U.S. Supreme Court holds a non-argument session on Monday then stands in recess until oral argument on Monday, April 18.

This week

Monday, April 4

Tuesday, April 5

  • Presidential primary in Wisconsin
    • The Wisconsin primaries mark the first presidential primary contests of April 2016. For the Democrats, 86 pledged delegates are at stake. They will be allocated proportionally. Polling conducted in late March showed Hillary Clinton leading Bernie Sanders 50 percent to 44 percent in Wisconsin. Polling in February, however, showed Sanders leading by one point, 44 percent to 43 percent. In 2008, Clinton lost Wisconsin to Barack Obama, 41 percent to 58 percent. The Wisconsin Democratic primary comes on the heels of three major victories for Sanders in Washington, Hawaii, and Alaska on March 26. As of March 28, Clinton leads in the pledged delegate count, 1,251 to 1,012. With superdelegates included, she leads 1,733 to 1,039.

Thursday, April 7

Saturday, April 9

 

Where was the president last week? Federal judiciary
President Barack Obama was in Washington, D.C., last week. The city was host to major world leaders on Wednesday and Thursday due to the 2016 Nuclear Security Summit. Ballotpedia released its March Federal Vacancy Count on March 30. During the month of March, three new vacancies were announced and no nominations were confirmed. There were 12 new nominations since the February 2016 update.

See also: The Federal Vacancy Count 3/30/2016

  • 85 total federal judicial vacancies including one Supreme Court vacancy
  • 51 pending nominations
  • 15 future vacancies

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State and Local

What's on tap?

Local elections will be held in five states on Tuesday. Find the details on the municipal, school board, local court, and recall elections happening on April 5, 2016.

 

Highlights

State

  • On Wednesday, March 30, Alabama State Rep. Ed Henry (R) announced plans to introduce articles of impeachment next month against Governor Robert Bentley (R) over allegations of Bentley's affair with one of his aides. Bentley responded at a news conference that he had no intentions of resigning. Rebekah Mason, the aide with whom Bentley is accused of having an affair, resigned her post the same day. Henry’s statements follow Tuesday’s report from the Alabama Ethics Commission that they would investigate allegations that Gov. Bentley misused state funds in order to conduct an affair with Mason. State Auditor Jim Ziegler (R) had requested the investigation last week after recordings surfaced of phone conversations between Bentley and Mason that included comments of a sexual nature.

Local

  • On Tuesday, April 5, some of the largest school districts in Alaska, Missouri and Wisconsin are holding general elections for school board positions. In Wisconsin, 49 of the state’s 50 largest public school systems are holding a general election for 141 school board seats. Click here to read Ballotpedia’s preview of Wisconsin’s school board elections in 2016.
 

State

Last week

Monday, March 28

  • Following the end of the legislative session on March 25, 2016, the Idaho State Legislature submitted an amendment to the secretary of state to be put before voters on November 8, 2016. Idaho HJR 5 would give the legislature the authority to review, approve and reject administrative rules—regulations that are usually written and implemented by various executive agencies or commissions and are designed to assist in the enforcement of legislation. The measure would also provide that legislative approval or rejection of a rule not be subject to a veto by the governor. A measure that would have allowed the legislature to delegate rulemaking authority to executive agencies and to reject those rules was narrowly defeated in 2014. Currently, legislative authority to approve and reject rules is protected by state law and was upheld by a 3-2 vote in the Idaho Supreme Court in 1989. However, this legislative power is not included in the state’s constitution, and is vulnerable to challenges. Since 1990, the legislature has rejected 4.5 percent of rules created by state agencies.

Tuesday, March 29

  • The Kansas state legislature delivered a bill to the desk of Governor Sam Brownback (R) that addresses the state supreme court’s February order to revise the way public schools are funded in the state. The bill does not change the total amount of state funding provided to districts, but instead redistributes $83 million of emergency aid to the state’s poorer districts. In February, the Kansas Supreme Court struck down the legislature’s system of funding schools via block grants as inequitable. The court gave the legislature a deadline of June 30, threatening to close the schools if a solution was not developed by then. Brownback has until April 8 to sign the legislation and is expected to do so. The plan will then head to the Kansas Supreme Court for review. The court’s February order was followed less than six weeks later by a narrowly passed bill in the Kansas State Senate defining impeachment offenses for state supreme court justices to include “attempting to subvert fundamental laws and introduce arbitrary power” and “attempting to usurp the power of the legislative or executive branch of government.”
  • Chicago State University officials have asked employees and students to “turn in their keys” at its South Side campus as the school prepares for the possibility of significant layoffs and closures. Because Illinois has been operating without a state budget for 10 months, some public institutions, such as schools, have been dealing with limited or no state funding in recent months. Chicago State, unlike some of the other universities in the state, does not have enough cash in its reserves to keep the school operational as-is. Projections showed that the school can continue payroll without issue until April 30. At that point, the school will be forced to deploy new strategies that will try to keep the university functional and open. Faculty layoffs are a possible strategy for the school, and the key-collecting process was started in preparation for that possibility. Chicago State has continued to ask students to apply and maintain their enrollment despite the financial situation of the school. Officials have also claimed that tuition will not increase in the coming year.
  • Filing deadline: South Dakota
    • State executives: Though the filing deadline passed, candidates for the one state executive seat up for election--Public Utilities Commissioner--are chosen at the state conventions in June in lieu of appearing on the primary ballot.
    • State legislatures: More than half of legislative seats in South Dakota feature only a Democrat or Republican running in the general election. There are 35 state Senate and 70 state House seats up for election. Both chambers are controlled by Republicans. With a Republican governor, South Dakota is one of 23 Republican trifectas.
  • Filing deadline: Missouri
    • State executives: Five seats are up for election: Governor, Lt. Governor, Secretary of State, Attorney General, and Treasurer. All are open elections either due to term limits or incumbents seeking new offices. A.G. Chris Koster (D) and Lt. Gov. Peter Kinder (R) are both angling for the governor's seat and will each face three challengers in their parties' August 2 primary; Sec. of State Jason Kander (D) is making a bid for a U.S. Senate seat.
    • State legislatures: Republicans will continue to control the Missouri Legislature by large margins. Missouri has 17 state Senate and 163 state House seats up for election in 2016. Both chambers are firmly held by Republicans. Missouri has a Democratic Governor, making it one of 20 states with a divided government.
  • The Washington State Legislature adjourned its 20-day special session. The legislature held a special session to pass a supplemental budget. The House passed the budget by a 78-17 vote, while the Senate passed it by a vote of 27-17. The budget will add $191 million in government spending over the next two years.
  • Diane Snelling (R) resigned from the Vermont State Senate after Governor Peter Shumlin (D) appointed her as the new Chair of the Natural Resources Board (NRB). Shumlin appointed Helen Riehle (R) to replace Snelling in the state Senate and she was sworn in to the chamber on March 30. Riehle previously served in the state Senate from 1993 to 2000, and the state House from 1983 to 1992. Riehle announced that she will fill the remainder of Snelling’s term, but will not run for re-election in November.

Wednesday, March 30

  • The Iowa Supreme Court heard oral arguments in Griffin v. Branstad. In 2008, plaintiff Kelli Jo Griffin was convicted of a felony drug offense and subsequently lost the right to vote. Iowa is one of only two states in which convicted felons permanently lose the right to vote. The state constitution permanently disenfranchises all individuals convicted of "infamous crimes." In 2014, with the assistance of the American Civil Liberties Union, Griffin brought suit against Terry Branstad in his capacity as governor. Griffin's attorneys called on the court to clarify that "infamous crimes" include only those crimes that constitute an "affront to democratic governance," such as electoral fraud and bribery. Meanwhile, state solicitor Jeffrey Thompson urged the court to uphold the current interpretation of the law, which considers all felonies "infamous crimes." The court is expected to issue a ruling in the case by June 30, 2016.
  • The United States Supreme Court heard oral arguments in U.S Army Corps of Engineers v. Hawkes Co., Inc. The case centers on whether a North Dakota mining company, and therefore other private landowners, can challenge federal decisions about water permits in court. The company, Hawkes Co. Inc., is challenging a decision by the U.S. Army Corps of Engineers requiring the company’s mining plans to go through an extensive federal permitting process under the Clean Water Act. The issue in the case involves whether the Army Corps’ decision is a “final” regulatory action, which can be reviewed by a court. The federal government has argued that the decision is not a final action; property rights groups have argued that such a view provides landowners with no opportunity to challenge government decisions affecting them. According to court reporters, most of the justices appeared skeptical about the government’s view that landowners cannot challenge certain federal decisions under the Clean Water Act. The court’s ruling is expected in June 2016.
  • Governor Paul LePage (R) of Maine signed New England’s first “right-to-try” law. The law allows terminally ill patients with six months or less to live to access experimental medication without permission from the Food and Drug Administration, as current federal law requires. The law also protects doctors and drug companies from liability in the event of an adverse reaction. Insurance companies are not required to cover the cost of experimental treatments if a company decides to charge a patient for access. Maine is the 27th state to enact a right-to-try law. For detailed information about right-to-try laws in the United States, see this article on Ballotpedia.

Thursday, March 31

  • Two Democratic members of the U.S. House of Representatives, Ted Lieu and Mark DeSaulnier (both from California), have released an open letter urging CalPERS, the largest public pension system in the country, to divest its funds from ExxonMobil. The oil company is currently under scrutiny after allegations that Exxon had evidence that its business practices and operations were contributing to climate change. CalPERS, which is based in California, currently holds about 13 million shares in ExxonMobil, worth about $1.1 billion. The letter read, in part, as follows: “We have seen no discernable evidence that CalPERS' efforts to engage ExxonMobil have resulted in any significant change in the way the company operates when it comes to taking action on climate change.” Exxon has not acknowledged any wrongdoing and is reportedly looking into “legal options” regarding the accusations.
  • Incarcerated Michigan Sen. Virgil Smith (D) has submitted his resignation, avoiding a showdown with majority leadership after a judge rejected part of Smith’s plea deal in which he would have been obligated to resign. Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof (R), commented, “That took a little longer than expected, but this was the resolution the majority leader expected in the end, and he’s glad to see that Senator Smith delivered that to put this issue to rest.” McCann previously noted that expulsion was a possibility had Smith continued to serve. Smith is serving 10 months in jail and five years probation thereafter for assaulting his ex-wife and shooting up her car. Smith’s resignation will go into effect on April 12; the vacancy is due to be filled by a special election, the date of which has yet to be announced by Gov. Rick Snyder (R).
  • U.S. District Court Judge Judith Levy ruled that a recall petition filed against Michigan Governor Rick Snyder (R) should not have been rejected by the Board of State Canvassers. Activist Robert Davis, who filed the petition, had sued the board last month over its February 2016 decision. The petition seeks to recall Snyder over the Flint water crisis; the exact petition language was not available. The board has approved three other recall petitions against Snyder this year, one of which began circulating on March 27.

Friday, April 1

  • A jury found Nebraska Sen. Art Wittich guilty of violating campaign finance law in the 2010 primary, which could result in his removal from office. At the conclusion of the trial in a civil suit dating back to May 2014, ten of 12 jurors found that Wittich coordinated with groups affiliated with National Right to Work, used their services at below the typical value, and did not keep proper records or report all contributions. Special prosecutor Jonathan Motl argued that this had the effect of in-kind corporate donations, which are illegal under state law. Motl stated, “A jury of peers is saying that they understand that one candidate’s election has an impact on all of the people of this state, and on all the other candidates that are running. And they want fair elections. They want fair elections for the people of Montana and they want fair elections for all candidates.” Wittich has maintained that Motl targeted him for political reasons. A separate “quid pro quo” charge remains to be decided by Judge Ray Dayton.

Saturday, April 2

  • North Dakota Attorney General Wayne Stenehjem (R) narrowly won the Republican nomination for governor at the GOP convention, defeating State Rep. Rick Becker and businessman Doug Burgum. It took two rounds of voting for delegates to reach a majority decision. Burgum, who received the fewest votes, has stated he will continue to run in the June 8 primary. In North Dakota, the winner of the nomination receives the endorsement of the party, but may still face challengers on the primary ballot. The race is expected to be a Republican victory. North Dakota is one of 23 Republican trifectas.

Sunday, April 3

 

This week

Monday, April 4

  • Filing deadline: Colorado
    • State legislatures: Both Colorado legislative chambers have been identified by a Ballotpedia analysis as top legislature battlegrounds in 2016. Republicans hold a one-seat majority in the Senate while Democrats maintain a 3-seat advantage in the House. With a Democratic governor, the state is one of 20 with a divided government. There are 18 state Senate and 65 state House seats up for election in 2016.

Tuesday, April 5

Thursday, April 7

  • Filing deadline: Tennessee
    • State legislatures: Republicans are expected to maintain their significant hold on both legislative chambers after the 2016 elections. There are 16 state Senate and 99 state House seats up for election. Both chambers are controlled by Republicans. With a Republican governor, Tennessee is one of 23 Republican trifectas.

View more information on the gubernatorial and legislative party control of state governments.  

State government in session

Twenty-nine states are in regular session; California is in special session. AK, AL, AZ, CA, CO, CT, DE, HI, IA, IL, KY, LA, MA, MD, ME, MI, MN, MO, MS, NE, NJ, NY, OH, OK, PA, RI, SC, TN, VT. Three states are in recess:

  • WI until 4/5/2016
  • NH until 4/6/2016
  • SC House until 4/12/2016
  • KS until 4/27/2016

Adjourned regular sessions:

  • FL, GA, ID, IN, NM, OR, SD, UT, VA, WA, WV, WY.

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, 25 seats have been filled through legislative special elections in 2016. Six 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 two from Democratic to Republican (Texas, HD 118; and Minnesota, HD 50B). Another 16 (not including runoff elections) have been scheduled in 18 states. An average of 37 special elections were held in each of the past three even years (2010, 2012, and 2014).

Last week:

This week:

Local

Last week

Monday, March 28

  • In Texas, San Antonio Mayor Ivy R. Taylor (D) received an ethics complaint from an executive committee member of the Alamo Group of the Sierra Club. The complaint “alleges that Taylor committed an ethics violation when she accepted a $1,000 campaign contribution from Sam Dawson, co-owner of Pape-Dawson Engineers, four days after the mayor voted for the $3.4 billion Vista Ridge Pipeline. Dawson's company is a member of the Vista Ridge Consortium.” The complaint was preceded by a column in the San Antonio Express-News, which claimed, “That contribution would appear to violate the spirit — if not the letter — of San Antonio’s Municipal Campaign Finance Code.” In response, one of the mayor’s representatives denied that the Vista Ridge Pipeline agreement fell under the terms of the city’s campaign finance code. Mayor Taylor referred to the pipeline in her State of the City address given on March 22, 2016, stating, “Enhancing our competitiveness—while remaining fiscally responsible—is a key reason I support the Vista Ridge water supply project. Vista Ridge is in fact less risky now than it has ever been: interest rates are low and successful test wells have been drilled. [...] As always, the biggest risk remains failure to secure our water future, and we will continue to work diligently to conserve and expand supplies.” Mayor Taylor narrowly won a runoff election on June 13, 2015, to win a full four-year term following her appointment to the office by the city council in 2014. Her term expires in 2019. San Antonio is the second-largest city in Texas and the seventh-largest city in the United States.

Tuesday, March 29

Wednesday, March 30

  • FILING DEADLINE: Deadline passed to run for five of the nine seats on the Kershaw County school board in South Carolina. The general election will be on June 14, 2016. Kershaw County was the 22nd-largest school district by student enrollment in South Carolina and served 10,493 students during the 2013–2014 school year.

Saturday, April 2

  • A special runoff election was held in Laredo, Texas, for the District 2 seat on the city council. Vidal Rodriguez narrowly defeated Jose Perez III with over 53 percent of the vote. The seat became vacant when incumbent Esteban Rangel resigned in order to run for the Webb County Commission. Rodriguez and Perez were the top vote recipients out of the five-candidate field in the general election held on February 13, 2016. Since no candidate received more than 50 percent of the vote, a runoff election was scheduled. Laredo is the 81st-largest city in the United States, and it will hold regular city council elections for four of seven seats later this year. The general election date for the regular election has not yet been determined.

Sunday, April 3

  • FILING DEADLINE: Deadline passed to run for six of the nine seats on the Buffalo school board in New York. The general election will be on May 3, 2016. Buffalo was the second-largest school district by student enrollment in New York and served 34,854 students during the 2013–2014 school year.

 

This week

Tuesday, April 5

  • Two of America’s largest cities are holding municipal elections for city official positions:
    • Anchorage, Alaska: Five of the 11 seats on the Anchorage Assembly are up for general election. Anchorage is the largest city in Alaska and the 63rd-largest city in the United States.
    • Milwaukee, Wisconsin: The mayor's office and all 15 seats on the Milwaukee Common Council are up for general election. In the mayoral race, incumbent and two-time former Democratic gubernatorial candidate Tom Barrett will face District 8 Common Councilmember Robert G. Donovan. Barrett received 46.14 percent of the primary election vote on February 16, 2015, compared to Donovan’s 32.44 percent. The third-place finisher, Joe Davis, received 18.51 percent and endorsed Donovan after his loss and stated, “[Donovan] certainly has a passion for what I consider the areas of greatest needs and that is specifically the African-American community.” Milwaukee is the largest city in Wisconsin and the 30th-largest city in the United States.
    • In 2016, Ballotpedia is covering 43 municipal elections across America's 100 largest cities by population.
  • Some of the largest school districts in Alaska, Missouri and Wisconsin are holding general elections for school board positions:
    • Alaska: The state’s largest public school system, the Anchorage School District, is holding a general election for two of seven seats on the board. Although the race is nonpartisan, candidate partisan affiliations are common knowledge. The Seat A race features Democratic incumbent Bettye Davis against challenger Brent Hughes, who does not have a known political party affiliation. The Seat B race pits Republicans David Nees and Kay Schuster and Democrat Starr Marsett against one another.
    • Missouri: A total of 40 school board seats across 19 of the state’s largest school districts will be up for general election. This includes the St. Joseph School District, which has two of its seven board seats up for election following a multi-year administrative scandal in the district that resulted in investigations conducted by the FBI, U.S. Department of Education, Internal Revenue Service and Missouri State Auditor. Click here to read Ballotpedia’s coverage of the St. Joseph story.
    • Wisconsin: Of the state’s 50 largest public school systems, 49 districts are holding a general election for 141 school board seats. The state’s largest school district, Milwaukee Public Schools, is not holding elections in 2016. The Racine Unified School District, which is the state’s fifth-largest school system, is holding a general election for all nine board seats following a switch in the district's election system away from at-large elections. Click here to read Ballotpedia’s preview of Wisconsin’s school board elections in 2016.
    • In 2016, Ballotpedia is covering 642 school board elections across America's 1,000 largest school districts by student enrollment.
  • Wisconsin is holding its general election for 40 Wisconsin county circuit court judgeships. A quarter of the seats will feature a contested election, but the remaining 30 seats will be won by unopposed candidates. Of the 30 unopposed candidates, 25 are incumbents running for re-election. The state held its primary election on February 16, 2016. In 2016, Ballotpedia is covering local judicial elections across the United States.
  • In Alaska, North Slope Borough Mayor Charlotte Brower faces a recall election. The recall organizers alleged in their petition application that Mayor Brower had spent thousands of dollars in public money on clothing for her daughter and basketball camp for her grandchildren. They also noted that she was fined $34,970 by the Alaska Public Offices Commission in September 2015 for her failure to file 2014 campaign disclosure reports. The mayor's supporters highlighted her advocacy for revised ethics rules, removal of purchasing rights for some staff members and her request for an investigation into allegations of misused public funds. In 2015, Ballotpedia covered 180 recall efforts organized against 275 officials. Of the 61 officials whose recalls made it to the ballot, 40 were ousted and 21 were retained.
  • In Colorado, Parachute Mayor Roy McClung and Town Trustees Tim Olk and Tom Rugaard are facing a recall election. Trustee John Loschke was also targeted for a recall, but the effort against him was dropped since he will be up for re-election in a regular election at the same time. A citizen group called Let the People Vote filed the recall petition because the targeted officials voted to repeal a town ban on shops and other businesses selling marijuana. The group also filed a lawsuit against the town for failure to adhere to zoning laws when approving licenses for two marijuana businesses.
  • In Oregon, Cannon Beach Rural Fire Protection District board members Sharon Clyde, Garry Smith and Linda Beck-Sweeney are facing a recall election. The recall effort originated after the fire district protection’s board terminated Fire Chief Mike Balzer. A letter signed by seven volunteer firefighters and emergency medical technicians stated that Balzer was fired in a "disrespectful, cold and calculating" manner, which included being locked out of his office, forced to collect his belongings with a police escort on hand and sent to walk home in the rain. In response to these allegations, the board members stated that the termination was "strictly business, not personal," and said Balzer lacked the necessary clerical and administrative skills for the position. After his termination, Balzer filed a lawsuit against the Cannon Beach Rural Fire Protection District, seeking more than $677,000, the reinstatement of his employment benefits and relief from "further retaliation or harassment." Balzer accused the board of firing him for "personal animus" because of comments his wife made on social media. Those comments included criticisms of the fire district protection board and staff that were deemed “inappropriate” in the board’s 2014-2015 performance evaluation of Balzer.

Thursday, April 7

  • FILING DEADLINE: Deadline to run for 69 school board seats across 18 of Tennessee’s largest school districts. The general election for these districts will be on August 4, 2016. The state’s largest school district, Shelby County Schools, has four of its nine seats up for election this year and served 149,832 students during the 2013–2014 school year.

Saturday, April 9

  • In Washington, Louisiana, Police Chief Ronelle Broussard faces a recall election. Concerned Citizens Committee of Washington criticized Broussard's job performance and claimed that he had failed to fulfill the duties of his office. The police chief’s critics also took issue with him setting bail bond prices, which are typically set by the mayor's court. In a public letter responding to the recall effort, Broussard stated, “As you are probably aware, I have been on medical leave as a result of an on-duty accident in my office, dated back in February 2015. [...] Any attempt to remove me from office at a time when I am experiencing medical issues can only be described as an act of cowardice, not to mention that it violates my rights as a public servant.”

 

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