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November 19, 2016Issue No. 43

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The week in review: November 12 - November 18
What's on Tap next week: November 19 - November 25

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

President-elect Trump has started putting his White House team together, and Ballotpedia has assembled a special research team to keep readers up to speed. We are also launching a daily email that will cover the transition team, potential cabinet appointees, and the different policy positions of those individuals who may have an effect on the new administration.

Due to the Thanksgiving holiday, there will be no Tap next Saturday, November 26. We are very thankful for our readers and wish everyone a wonderful day filled with family, good friends, good food, and healthy political discourse.

 

Federal

The Week in Review

Saturday, November 12

  • In a phone call to donors, Hillary Clinton said that her campaign had been on an "upward trajectory" until FBI Director James Comey released a letter stating the agency had discovered potentially relevant emails to its investigation of her private email server use. "[O]ur analysis is that Comey’s letter raising doubts that were groundless, baseless, proven to be, stopped our momentum," she said. Clinton did not accuse Comey of partisanship, however, in releasing the letter.
  • An apparent suicide bomber killed two U.S. service members and two U.S. contractors working at Bagram Airfield in Afghanistan. Sixteen other U.S. service members and one Polish soldier were wounded in the explosion. The Taliban claimed responsibility for the attack. Secretary of Defense Ash Carter issued the following statement expressing his condolences and warning those who carried out the attack: “I want to express my sincere condolences to the families of the fallen, and I want to reassure the loved ones of those injured that they are getting the best possible care. Force protection is always a top priority for us in Afghanistan, and we will investigate this tragedy to determine any steps we can take to improve it. … For those who carried out this attack, my message is simple. We will not be deterred in our mission to protect our homeland and help Afghanistan secure its own future.”

Sunday, November 13

  • Donald Trump announced that he has appointed Republican National Committee chairman Reince Priebus as his future chief of staff and Trump campaign executive chairman Steve Bannon as chief strategist. These are the first major appointments of Trump’s presidential administration. Trump said in a statement, “Steve and Reince are highly qualified leaders who worked well together on our campaign and led us to a historic victory. Now I will have them both with me in the White House as we work to make America great again.”
    • Republican lawmakers welcomed the news of Priebus’ appointment. Sen. Lindsey Graham (R-SC), who opposed Trump throughout the 2016 campaign, tweeted, “Congrats to @realDonaldTrump for outstanding choice of @Reince to be Chief of Staff. This shows me he is serious about governing.” This sentiment was echoed by Priebus’ fellow Wisconsinites, House Speaker Paul Ryan and Wis. Gov. Scott Walker. Some of Trump’s supporters, however, signalled disapproval of Priebus’ appointment. Roger Stone, a former Trump advisor, tweeted two days before the official announcement, “The selection of @reince for COS in a @realDonaldTrump WH would cause a rebellion in Trump's base. #RyansBoy.” Similarly, the group Tea Party Patriots, which celebrated Trump’s election, said that Priebus’ appointment as chief of staff would be “sad and disappointing.”
    • Trump’s selection of Bannon, who previously served as the CEO of the alt-right news site Breitbart.com, generated more mixed reactions from Republicans. Rep. Steve King (R-IA) called Bannon an “excellent choice,” but House Majority Leader Kevin McCarthy (R-CA) told CBS News, “You cannot judge everything that President-elect Trump is doing based on one person. For too long we’ve wanted to tear people down. I give people the benefit of the doubt. This country needs to focus on bringing people together.” Several Democratic lawmakers, media organizations, and outside groups have called Bannon “anti-semitic,” “racist,” and “misogynistic.”
  • In a wide-ranging interview on CBS’ 60 Minutes, Donald Trump discussed the post-election political environment and how he planned to implement new healthcare, immigration, and tax policies at the start of his presidency.
    • On the tone of the campaign: "I mean they were tough and I was tough and—do I regret? I mean, I’m sitting here with you now and we’re gonna do a great job for the country. We’re going to make America great again, I mean, that’s what—it—it began with that and that’s where we are right now.”
    • On deporting undocumented immigrants: "What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate. But we’re getting them out of our country, they’re here illegally. After the border is secured and after everything gets normalized, we’re going to make a determination on the people that you’re talking about who are terrific people."
    • On threats against Latinos and Muslims: "I am so saddened to hear that. And I say, 'Stop it.' If it—if it helps. I will say this, and I will say right to the cameras: Stop it."
    • On whether he would ask for a special prosecutor to investigate Hillary Clinton: "I don’t want to hurt them. I don’t want to hurt them. They’re, they’re good people. I don’t want to hurt them. And I will give you a very, very good and definitive answer the next time we do 60 Minutes together."
    • On marriage equality: "It—it’s irrelevant because it was already settled. It’s law. It was settled in the Supreme Court. I mean it’s done. It’s done. It—you have—these cases have gone to the Supreme Court. They’ve been settled. And, I’m fine with that."
    • On repealing and replacing the Affordable Care Act: "No, we’re going to do it simultaneously. It’ll be just fine. We’re not going to have, like, a two-day period and we’re not going to have a two-year period where there’s nothing. It will be repealed and replaced. And we’ll know. And it’ll be great health care for much less money. So it’ll be better health care, much better, for less money. Not a bad combination." Trump also said that he would support the coverage of individuals with pre-existing conditions, which he called "one of the strongest assets" of the ACA.
  • House Majority Leader Kevin McCarthy (R-Calif.) said that additional congressional investigations of Hillary Clinton were not part of the Republicans' agenda in the upcoming session. Republicans would instead focus on job creation, repealing and replacing the Affordable Care Act, and infrastructure, the Associated Press reported.
  • House Speaker Paul Ryan (R-Wis.) said that the Trump administration would be focused more on border security than deportation. "We're focused on securing the border. We think that's first and foremost, before we get into any other immigration issue. We've got to know who's coming and going in the country. We've got to secure the border," he said.

Tuesday, November 15

  • Former 2016 Republican presidential candidate Ben Carson turned down an offer from Donald Trump to serve as secretary of health and human services. An adviser to Carson told The Hill, “Dr. Carson feels he has no government experience, he's never run a federal agency. The last thing he would want to do was take a position that could cripple the presidency.” Carson later posted on Facebook, “I believe it is vitally important for the Trump administration to have many outspoken friends and advisers who are outside of the Washington bubble. It is vital to have independent voices of reason and reconciliation if our nation is to heal and regain its greatness. I will continue to work with the transition team and beyond as we build a dynamite executive branch of government.”
  • Kentucky Senator and former 2016 presidential candidate Rand Paul (R) said that he was opposed to two of Donald Trump’s potential secretary of state nominees: former New York City Mayor Rudy Giuliani and former U.N Ambassador John Bolton. Paul told Politico, “I’ll do whatever it takes to stop someone like John Bolton being secretary of state. He’s opposed to everything Donald Trump ran on: that the Iraq war was a mistake, regime change made us less safe in the Middle East, including in Iraq…I don’t know how a President Trump could appoint someone who’s diametrically opposed to everything Donald Trump ran on. Some of that goes for Giuliani as well.” Paul added that he was more open to a third name that has been mentioned to lead the State Department: Sen. Bob Corker (R-TN). “Given the three names—Bolton, Giuliani and Corker—Corker would be much more reasonable, much more realist as far as foreign policy goes,” said Paul.
  • Sen. Barbara Boxer (D-CA) filed legislation calling for a constitutional amendment to abolish the Electoral College. Her motivation to file the bill, she said, was the fact that Donald Trump won the 2016 presidential election but is on track to lose the popular vote to Hillary Clinton. “In my lifetime, I have seen two elections where the winner of the general election did not win the popular vote. The Electoral College is an outdated, undemocratic system that does not reflect our modern society, and it needs to change immediately. Every American should be guaranteed that their vote counts,” said Boxer in a statement. As of Tuesday, Trump led Clinton in the Electoral College vote, 290 to 232, while Clinton led Trump in the popular vote by almost 800,000 votes (47.9 to 47.2 percent). Her lead is projected to increase as more votes come in from the West Coast. Trump is the fifth president in U.S. history to become president without winning the popular vote. According to the Los Angeles Times, Boxer had previously co-sponsored legislation to abolish the Electoral College, but none of her bills have been considered.
  • House Speaker Paul Ryan was unanimously renominated as the top Republican in the lower chamber. The House will hold a final vote in January with the full chamber, and he is expected to win easily. It will be his first full term as speaker.
  • House Democrats announced their decision to postpone leadership elections until Wednesday, November 30. They were supposed to vote on Thursday. According to Politico, “The delay is designed to give Democrats time to figure out why they failed to make bigger gains against a Republican ticket led by Donald Trump. Instead of picking up the 10 to 20 seats they had once hoped — or even the majority they secretly dreamed about — Democrats have netted only a half-dozen seats so far, with some races still to be called.” Some Democrats have suggested that Nancy Pelosi (D-Calif.) should no longer be House minority leader. Rep. Marcia Fudge (D-Ohio) said that the decision to delay the vote was a “big deal because I think our leadership started out today thinking it was business as usual. And I think that probably not just our leadership but many people in our caucus were surprised at the level of discontent in our caucus.”
  • Rainey Ransom Brandt, a magistrate judge on the Superior Court of the District of Columbia, was nominated by President Obama to an associate judge position on that court. If confirmed, Brandt would succeed Judge Lee Satterfield, who will retire from active judicial service on February 1, 2017. Nominees to the superior court are considered by the United States Senate Committee on Homeland Security and Governmental Affairs, which provides federal oversight on municipal matters in the District of Columbia. Associate judges serve fifteen-year terms on the court. The court has 62 active judicial positions.

Wednesday, November 16

  • The Rev. Jesse Jackson called on President Obama to issue a pardon for Hillary Clinton. In a speech at the University of Michigan, he said, “Hillary Clinton has not been tried, but there are those who want to drag her for the next three years. It will not stop until they find a reason to put her in jail. That would be a travesty.” Clinton was under investigation throughout the 2016 campaign for her use of a private email server while serving as secretary of state from 2009 to 2013. Though the FBI has twice cleared Clinton of any wrongdoings, Trump suggested in the 2016 campaign that, as president, he may pursue further investigations and possibly even prosecution. In a presidential debate on October 9, 2016, Trump said that Clinton would be in jail if he won the election, and chants of “lock her up” were common at his rallies. After winning the presidential election, Trump stated that a potential investigation of Clinton was not one of his administration’s top priorities. The Obama administration has not commented directly on the issue.
  • In a conference call with reporters, Trump transition team member and Republican National Committee spokesman Sean Spicer announced that Trump administration appointees would be prohibited from becoming paid lobbyists for five years after they leave government service. “It goes back to Mr. Trump's goal of making sure people aren't using government to enrich themselves,” said Spicer. Appointees will also be subject to a lifetime ban from lobbying for a foreign government. Registered lobbyists must deregister in order to join Trump’s transition team or presidential administration.
  • Senate Majority Leader Mitch McConnell (R-Ky.) was unanimously re-elected as the top Republican in the Senate.
  • Senate Democrats voted to elect Sen. Chuck Schumer (D-N.Y.) as minority leader, replacing retiring Senate Minority Leader Harry Reid (D-Nev.). After being elected, Schumer said, "I am going to wake up every single day focused on how Senate Democrats can effectively fight for America's middle class and those struggling to join it.”
  • Sen. Bernie Sanders (I-Vt.) was named Democratic chair of outreach. According to The Hill, “Sanders will be in charge of reaching out to blue-collar voters who flocked to President-elect Donald Trump this year.” Sanders said that he has a "heavy responsibility to help shape the priorities of the United States government. I'm going to do everything that I can to make sure that the budget that leaves the United States Congress is a budget that represents the needs of working families and a shrinking middle class and not billionaires.”
    • Although Sanders was given a leadership position in the Democratic Party, he will remain an independent. Sanders said, “I was elected as an Independent and I will finish this term as an Independent.”
  • Donald Trump’s son-in-law and advisor Jared Kushner began putting his stamp on the administration’s transition efforts in a series of personnel moves. According to The New York Times, Kushner fired national security advisor Matthew Freedman and forced out former U.S. Rep. Mike Rogers (R-Mich.) in an effort to reduce the influence of former transition chair Chris Christie and his allies.
  • Vice President-elect Mike Pence also made a series of moves, beginning with officially taking over the transition process in writing. After formally signing the transition documents, Pence then ordered that all lobbyists be removed from the transition team, according to The Wall Street Journal. Politico further reported that Pence had “gutted” many of the teams responsible for reshaping federal agencies. The site reported that Pence’s action “was part of Pence installing more campaign people in these slots and pushing aside members of the existing transition structure.”
  • One hundred sixty-nine Democratic members of the U.S. House signed a letter condemning Trump’s first staff hire, former Breitbart CEO Steve Bannon. The letter, circulated by Rhode Island Rep. David Cicilline, calls for Trump to rescind Bannon’s appointment because of remarks they believed to be anti-Semitic and racist. The letter read, in part, “We strongly believe that Mr. Bannon’s appointment will not allow the country to heal and come together as one. As one of your top advisors, the White House chief strategist will help set the tone for your administration. The person in this role must be prepared to serve the interests of all Americans, not those of a select few.”

Thursday, November 17

  • Former House Speaker and 2012 Republican presidential candidate Newt Gingrich announced his intentions not to hold a cabinet position in the Trump administration. Gingrich, who supported Trump throughout the 2016 campaign and was considered a potential running mate, told McClatchy, “I will not be in the Cabinet. I intend to be focused on strategic planning.” Gingrich told The Washington Post, “I want to be free to network across the whole system and look at what we have to do to succeed.” Gingrich was rumoured to have been a potential pick to head Health and Human Services or the State Department, according to The Post.
  • CNN reports that 2012 Republican nominee Mitt Romney will meet with Trump over the weekend. Romney—who spoke critically of Trump during the 2016 campaign, once calling him a “con man” and a “fraud”—is reportedly being considered as a potential pick for secretary of state, according to CNN. Politico, however, reported that the meeting is more about “making peace” than any possible discussions of Romney serving in Trump’s administration.
  • Eva Moskowitz, a charter school advocate and CEO of Success Charter Network, said she would not serve as secretary of education under Donald Trump. Moskowitz’s name had been circulated in the press as a potential cabinet appointee. In a statement, Moskowitz said, “I will work with him and whoever he selects as education secretary.”
  • The Trump transition team formally filed the paperwork to begin the transition of power from the Obama administration. Vice President-elect Mike Pence and chief of staff Denis McDonough signed the Memorandum of Understanding, which authorized Trump transition officials to begin visiting select federal agencies and receive briefings from current administrators.
  • The Associated Press reports that Donald Trump has offered retired Lt. Gen. Michael Flynn the position of national security advisor, though it was unknown at the time of the report if Flynn had accepted the position. Congressional approval is not required for the position of national security advisor. Flynn served as the director of the Defense Intelligence Agency from 2012 to 2014. He has been an outspoken critic of Obama’s foreign policy since leaving office and advised Trump on national security issues throughout the 2016 campaign.
  • Judge Rudolph Contreras of the United States District Court for the District of Columbia dismissed a lawsuit brought by a resident of New Mexico, Steve Michel, against Senate Republicans. The lawsuit alleged that, in failing to consider President Obama’s nomination of Merrick Garland to the U.S. Supreme Court, Senate Republicans deprived his home-state senators “of their constitutional prerogative to vote on the advice and consent of a presidential appointee.” In so doing, Michel argued “that his own vote for United States senators has been diminished as compared to those voters in states with senators ‘with disproportionate power to control Senate action.’” In dismissing the suit, Judge Contreras held that Michel lacked standing to maintain the action because Michel lacked a “concrete and particularlized injury” for which the court could offer relief.
  • Former Democratic vice presidential nominee Tim Kaine said that he would not run for president in 2020, choosing instead on his 2018 Senate re-election bid. “I've built felt very, very good relations, even in a short time, with Republican members in the Senate and some in the House side. I kind of have a sense of ... the work that needs to be done to improve this branch,” he said.
  • Rep. Tim Ryan (D-Ohio) will challenge Nancy Pelosi (D-Calif.) in the race for House Minority Leader. In a letter to his colleagues, Ryan wrote, "Vote for me and I will dedicate all of my energy to lead us back into the majority. Our constituents deserve nothing less. … Under our current leadership, Democrats have been reduced to our smallest congressional minority since 1929. This should indicate to all of us that keeping our leadership team completely unchanged will simply lead to more disappointment in future elections.”

Friday, November 18

  • Trump’s transition team announced two major nominations on Friday morning: Sen. Jeff Sessions (R-AL) for attorney general and Rep. Mike Pompeo (R-KS) for CIA director.
    • Sessions was an early supporter of Trump’s candidacy. First elected to the Senate in 1996, he served as the attorney general of Alabama from 1994 to 1996 and holds a seat on the Senate Judiciary Committee. President Ronald Reagan nominated him for a federal judgeship, but the Senate Judiciary Committee, with a Republican majority, blocked Sessions' nomination 10-8 in the committee over allegations that he made racial remarks toward a colleague while serving as a U.S. attorney. Reactions to Sessions’ appointment from Republican lawmakers and supporters of Trump have been positive. Senate Judiciary Chairman Chuck Grassley said, “Senator Sessions is a respected member and former Ranking Member of the Judiciary Committee who has worked across the aisle on major legislation. He knows the Justice Department as a former U.S. attorney, which would serve him very well in this position.” Democrats have been more cautious. Sen. Dianne Feinstein (D-CA), a member of the Judiciary Committee, said in a statement, “Senator Sessions has served on the Senate Judiciary Committee for many years so he’s well aware of the thorough vetting he’s about to receive. … While Senator Sessions and I differ on a great many issues, I am committed to a full and fair process.”
    • Pompeo entered Congress in the Republican wave of 2010. He served in the Army, holds a seat on the Permanent Select Committee on Intelligence, and was a member of the House Select Benghazi Committee. Pompeo endorsed Marco Rubio in the 2016 Republican primary. He has spoken out critically against the Iran Nuclear Deal and former NSA contractor Edward Snowden, who, Pompeo said in 2014, has “committed a treasonous act by stealing secrets.” Pompeo has supported NSA data collection programs. Justin Amash, a Libertarian-leaning Republican House member from Michigan, tweeted in response to news of Pompeo’s nomination, “He's a great pick. Yes, we have our disagreements, but Mike will listen to our concerns and serve with integrity.”

Congressional Legislation

During their first week back in the capital after the elections, the House passed a bill to renew sanctions against Iran and a bill to prevent financial transactions for the export of aircraft to Iran. If the bill to prevent the sale of Boeing aircraft to Iran passes the Senate, Iran will likely view it as a violation of the nuclear deal. The House also passed legislation to make it easier for Congress to prevent President Barack Obama, and future presidents, from implementing last-minute regulations before he leaves office. A full recap of this week’s legislation can be viewed here.

Tuesday, November 15

  • Key vote: The House passed HR 6297—the Iran Sanctions Extension Act—by a vote of 355-38. The legislation proposes continuing to impose defense, banking, and energy sanctions on Iran for a 10-year period. The current sanctions are set to expire at the end of the year.
    • Rep. Ed Royce (R-Calif.), the bill’s lead sponsor, said, “Here’s the bottom line: if we let the clock run out on the Iran Sanctions Act, Congress will take away an important tool to keep Tehran in check. And that, in turn, will only further jeopardize America’s national security.”
  • The House passed HR 5732—Caesar Syria Civilian Protection Act of 2016—by voice vote. The legislation proposes allowing the president to impose sanctions on any person or entity doing business with Syrian President Bashar al-Assad and the Syrian government.
    • Rep. Eliot Engel (D-N.Y.), the bill’s lead sponsor, said, "Something needs to jolt this crisis out of its bloody status quo. This bill would give the Administration more tools to do so. It would impose new sanctions on any parties that continue to do business with the Assad regime. We want to go after the things driving the war machine: money, airplanes, spare parts, oil, the military supply chain. And yes, we want to go after Assad’s partners in violence. Under this legislation, if you’re acting as a lifeline to the Assad regime, you risk getting caught up in the net of our sanctions."

Wednesday, November 16

  • The House was scheduled to vote on a plan to bring back legislative earmarks, but House Speaker Paul Ryan (R-Wis.) persuaded Republicans to delay the vote. Reps. John Culberson (R-Texas), Mike Rogers (R-Ala.), and Tom Rooney (R-Fla.) proposed an amendment that would create a new process to allow “lawmakers to direct spending to projects in their districts under certain circumstances.” Ryan argued that after holding a “drain the swamp” election it would be wrong to reinstitute earmarks so quickly. Rooney argued that the earmarks would allow lawmakers to direct funds to projects in their districts that directly impact their constituents. He said, “What we’re trying to do is actually a constitutional authority given to us by the Founding Fathers, not the executive branch. Do they want to waive our authority of the power of the purse to the executive branch and the answer to that, most people would say, is no.”

Thursday, November 17

  • Key vote: The House passed HR 5711—To prohibit the Secretary of the Treasury from authorizing certain transactions by a U.S. financial institution in connection with the export or re-export of a commercial passenger aircraft to the Islamic Republic of Iran—by a vote of 243-174. The legislation proposes prohibiting financial transactions for the export of aircraft to Iran. Because of the sanctions that were lifted in the nuclear deal with Iran, Boeing and Airbus were able to strike deals to export aircraft to the country.
    • Rep. Bill Huizenga (R-Mich.), the legislation’s main sponsor, said, “This bill would keep Americans' deposits away from a country that the president’s own State Department calls the world’s foremost state sponsor of terrorism, and which the Treasury Department has designated a jurisdiction of primary money laundering concern. How many more red flags need to go up?”
  • Key vote: The House passed HR 5982—the Midnight Rules Relief Act of 2016—by a vote of 240-179. This bill proposes amending the Congressional Review Act to allow Congress to disapprove—by a single vote—regulations that federal agencies submit for congressional review within the last 60 legislative days of a session of Congress during the final year of a president's term.
    • Rep. Darrell Issa (R-Calif.), the bill’s sponsor, said, “This bipartisan bill is about reviving the separation of powers to ensure our laws are written by the Representatives we actually vote for – not unelected and unaccountable bureaucrats who are on their way out the door. Presidents of both parties have made habit of enacting scores of last-minute regulations, with little oversight, to sneak in as much of their agenda as possible before the clock runs out on their time in office. The bill helps ensure this President, and any future president, will be held in check and that their policies have the proper level of scrutiny by both Congress and the American people.”

 

Congress is NOT in session SCOTUS is NOT in session
The Senate and House will not be in session next week. The Senate will return on November 28, 2016, and the House will return on November 29, 2016. The Supreme Court is between argument sessions. The court will continue to issue orders throughout the session break and will next hear arguments on Monday, November 28.

What’s On Tap Next Week

Wednesday, November 23

 

Where was the president last week? Federal judiciary
President Barack Obama went overseas to Greece and Germany for meetings with foreign leaders.  
  • 109 total federal judicial vacancies
  • 66 pending nominations
  • 20 future vacancies

Back to top for State, Local, and fact checks updates

State and Local

What's on tap?

Due to the Thanksgiving holiday, there will be no Tap next Saturday, November 26. Here at Ballotpedia we are thankful for our amazing and dedicated readers who work to be informed voters, our family and friends that helped keep us caffeinated through election season, turkey, sweet potatoes and marshmallows, football, and naps.

 

Highlights

State

On Wednesday, November 16, Wisconsin Governor Scott Walker (R) was elected chair of the Republican Governors Association for 2017. He will take over for incumbent chair and New Mexico Governor Susana Martinez (R). Walker said he would focus on winning the two gubernatorial seats up for election in 2017—New Jersey, currently held by Republican Chris Christie, and Virginia, currently held by Democrat Terry McAuliffe. Walker was the first governor in the country to ever survive a recall election. He gained national attention in 2011 due to his proposal of Wisconsin Act 10, which limited the ability of public employee unions to engage in collective bargaining. Opponents of the measure targeted Walker for removal from office in a recall election on June 5, 2012, but he won the election by nearly 7 percentage points. He also won re-election to a second term as governor in 2014. Wisconsin is one of 23 Republican trifectas.

Local

On Tuesday, November 15, two New York City labor unions endorsed Mayor Bill de Blasio (D) in his re-election bid for November 2017. The endorsements made by the Uniformed Sanitationmen’s Association and the Retail, Wholesale, and Department Store Union are the first from major labor groups in the next election year. Leaders of both organizations expressed hope that the early endorsements will help keep New York City’s administration Democratic. Stuart Appelbaum, president of the retail union, told The New York Times that de Blasio had fulfilled campaign promises made on a range of issues such as rent freezing, supporting a living wage, and providing universal prekindergarten. When asked about ongoing state and federal investigations into the mayor’s fundraising activities, Appelbaum responded, “No matter what, we are saying we applaud the way he has governed the city and what he has chosen to make the priorities of his administration.” While Democrats in New York City have traditionally sought the support of labor unions, political analysts say that their impact on elections is debateable. Neither union initially supported de Blasio in the 2013 election, instead endorsing Democratic candidate Christine C. Quinn. After Quinn was defeated in the Democratic primary, both groups backed de Blasio in the general election. New York City is the largest city in the U.S. by population.

 

State

The Week in Review

Ballot measures

What happened: In 2016, 162 statewide ballot measures were decided by voters across 35 states. Of the total, 117 were approved and 40 were defeated, with five measures featuring results that are too close to call until returns are certified.

What’s up next

Monday, November 14

  • South Dakota Senator-elect Reynold Nesiba (D) was arrested for sexual contact without consent. The victim alleged that Nesiba made repeated sexual advances after being invited into her home. She also stated that Nesiba refused to leave when asked. The alleged incident happened over the course of an hour, and only ended when the victim said she needed to leave for work. Sexual contact without consent is classified as a class one misdemeanor, carrying maximum penalties of up to one year in prison, a $2,000 fine, or both. Nesiba spoke with police about the events and did not deny the events. He said he believed the victim was playing “hard to get.” The South Dakota Democratic Party declined to comment on the case.
  • The newly elected members of the South Carolina General Assembly were sworn into office. All 170 seats of the state legislature were up for election in 2016. State legislators in South Carolina assume office the Monday following the general election. The next legislative session will begin on January 10, 2017. South Carolina is a Republican trifecta. Prior to the November 2016 election, there were 23 Republican trifectas. Now, after the election, there are 25 Republican trifectas.

Wednesday, November 16

  • The opposition campaigns for Maine’s marijuana legalization measure and Maine’s income tax for education funding measure both submitted petitions to the Maine secretary of state requesting a recount of the votes after both measures passed by a narrow margins according to unofficial election results. The secretary of state will have to verify that 100 of the signatures submitted from each campaign were from registered voters who voted on November 8, 2016, in order to move forward with the recount. A recount could take as long as a month to complete and would cost the state approximately $500,000. Because both measures passed by a margin of less than 1.5 percent, the state is responsible for all recount costs.
    • The Maine Marijuana Legalization measure, also known as Question 1, was designed to legalize recreational marijuana for adults over the age of 21. The unofficial voting returns show that the measure passed by about 4,000 votes. If a recount does not change the results and the measure passes, it will go into effect 30 days after the governor declares the official results.
    • The Maine Income Tax for Public Education measure, also known as Question 2, was designed to place an additional 3-percent tax on incomes greater than $200,000 per year to fund public education. The unofficial voting returns show that the measure passed by about 9,500 votes.
  • The Wyoming State Canvassing Board certified general election results for 2016, including those for Constitutional Amendment A. The amendment, which will allow legislators to invest certain state funds into equities, was approved with about 51 percent of voters submitting “yes” votes. Growing Wyoming's Wealth, a political action committee registered with the Wyoming Secretary of State, raised more than $58,000 in support of the amendment. Amendment A was one of 14 measures addressing government budgets, spending, and finance that voters decided in 2016. One of these measures, Oregon Measure 95, was similar to Amendment A in that it will allow public state universities to invest in equities, and it was also approved by voters.
  • The newly elected members of the Oklahoma State Legislature were sworn into office. Only 126 seats out of the legislature’s 149 seats were up for election in 2016. The next legislative session will begin on February 6, 2017. Oklahoma is a Republican trifecta. Prior to the November 2016 election, there were 23 Republican trifectas. Now, after the election, there are 25 Republican trifectas.

Thursday, November 17

Friday, November 18

  • Attorneys for North Carolina Governor Pat McCrory (R) filed complaints with the State Board of Elections alleging voter fraud in 50 of the state's 100 counties. The outcome of the state’s gubernatorial election remains contested. State Attorney General Roy Cooper (D) declared victory on election night due to his 5,000-vote lead, but Gov. McCrory did not concede and stated that the final outcome of the election would not be known until the official county canvasses were completed on November 18, 2016; about 50,000 provisional and absentee ballots had yet to be counted. The board announced on November 18, 2016, that it expected most counties to delay turning in results of the canvass in order to ensure proper tabulation. Following an announcement of the results, a candidate may request a recount if the margin of victory is less than 10,000 votes. The board is scheduled to meet on November 29, 2016, to conduct a statewide canvass of votes. Gerry Cohen, a former advisor to the General Assembly of North Carolina, speculated that McCrory and Cooper might be headed toward a protracted legal battle. This could ultimately end with the General Assembly deciding the winner.
    • On November 11, 2016, the general counsel for the state Republican Party, Thomas Stark, filed a formal complaint with the Durham County Board of Elections requesting that the 90,000 ballots from that county be recounted. Stark argued in the complaint that the ballots should be recounted as they were entered manually by local officials "[with] bleary eyes and tired hands" on election night due to a mechanical error with the tabulation machines. A spokesman for Cooper called the request an “attempt to undermine the election results.” The request was denied on November 18, 2016.
    • North Carolina is one of 23 Republican trifectas. If Attorney General Cooper wins the governor’s seat, it will end the trifecta. After the election, there are 25 Republican trifectas not including North Carolina.

 


State government in session

All states whose initials appear in red or blue in the list below 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.”

  • Prior to the 2016 election: Seven Democratic and 23 Republican trifectas
  • Post-election: Six Democratic and 25 Republican trifectas
    • The pre-election figures are the current number of trifectas in the 50 states. As new members are sworn in for the upcoming 2017 legislative sessions, the number of trifectas will be updated to reflect the post-election totals.

Two states—Ohio and New Jersey—are in regular session; Massachusetts is in an informal session.

  • Informal session: In an informal session, no attendance is taken and only a few members attend the session. These sessions address day-to-day business and non-controversial bills. The bills do not require debate or a roll-call vote, and they must be passed unanimously. If one member objects, the measure is blocked.

Four states are in recess:

  • PA until 11/22
  • IL veto session until 11/29
  • MI until 11/29
  • CA until 11/30

The following states have adjourned their regular sessions:

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

Four states have no regular sessions in 2016:

  • MT, ND, NV, TX

State government special elections

As of this week, 61 seats have been filled through state legislative special elections in 2016. Another four (not including runoff elections) have been scheduled in three states. As of this week, one state legislative special election has been scheduled for 2017. Ten involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), four from Democratic to Republican (Connecticut, HD 90; Texas, HD 118; Minnesota, HD 50B; and New York, SD 9), one from Democratic to independent (Texas, HD 120), and one from Republican to independent (Louisiana, HD 85).

  • 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).

Local

The Week in Review

Tuesday, November 15

  • In California, the San Jose City Council voted to increase the city’s minimum wage to $15 per hour by 2019. San Jose is the sixth city in Santa Clara County to increase its minimum wage. The raise will be phased in gradually and will be $12 per hour in 2017, $13.50 per hour in 2018, and $15 per hour in 2019. Every year thereafter the wage will rise with an automatic annual cost of living increase of up to 5 percent. Mayor Sam Liccardo (D) spearheaded the effort saying, ”By moving forward together with many of our neighboring cities, even more residents will benefit from a higher wage and we will create a more level playing field for businesses throughout the region." However, small business owners and nonprofit organizations in Silicon Valley expressed concern over the wage increase, arguing that it could lead to service reduction or an increase in the price of goods. San Jose is the third-largest city in California and the 10th-largest city in the U.S. by population.
    • Los Angeles, San Francisco, Seattle, and Washington, D.C., have all begun the implementation of a $15 minimum wage.
      • Two more cities—Miami Beach and San Diego—approved smaller minimum wage hikes in June 2016. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with additional increases over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which will increase the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.
  • In North Carolina, the Charlotte City Council unanimously approved a review of the Charlotte-Mecklenburg Police Department’s (CMPD) response to protests in September 2016. The city will pay the Washington D.C.-based Police Foundation—a nonprofit organization—$379,504 to determine whether the CMPD responded appropriately or too slowly when violent protests began following the fatal CMPD shooting of Keith Lamont Scott. According to city officials, the foundation will take steps to rebuild the relationship between the police department and the community. An advisory board comprised of government, business, and community leaders will be created, and town-hall meetings will be held regularly. Charlotte is the largest city in North Carolina and the 16th-largest city in the U.S. by population.

Wednesday, November 16

  • In Illinois, the Chicago City Council voted unanimously to pass a $9.8 billion budget for 2017. Budget issues have plagued Chicago for years, culminating in a $33 billion unfunded pension liability at the close of the fiscal year in 2015. The new budget, proposed by Mayor Rahm Emanuel (D), will take effect on January 1, 2017, and includes $3.7 billion in operations expenditures. It relies on revenue growth to the tune of $82.3 million but does not include major tax hikes for city residents, although the city enacted new water and sewer usage taxes in September 2016. In contrast, the budget passed for 2016 included a $543 million property tax increase and an increased telephone surcharge. The new budget includes funding for Emanuel’s two-year plan to add 970 officers to the Chicago Police Department, aimed at curbing the city’s recent spike in violence. It also imposes a 7-cent fee on store plastic bags and increases the city’s parking rates. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
  • Tennessee Attorney General Herbert Slatery (R) ruled that marijuana decriminalization laws passed by city councils in Nashville and Memphis violate state statutes and are unenforceable. Earlier in 2016, both cities gave police officers the discretion to issue civil citations for the possession of small amounts of marijuana. In Nashville, Mayor Megan Barry (D) signed a law that allows police to reduce the penalty for the possession of a half-ounce or less of marijuana to a $50 fine or 10 hours of community service. The ordinance passed in Memphis was similar to that in Nashville law and was modeled after partial decriminalization legislation passed in other states. The opinion issued by Slatery argues that these city statutes are preempted by multiple state laws on the issue and therefore cannot stand. He wrote, “A municipal ordinance that attempts to regulate a field that is regulated by state statute cannot stand if it is contradictory to state law.”
    • Under Tennessee state law, individuals in possession of small amounts of marijuana face a Class A misdemeanor charge and can spend up to one year in jail. Supporters of marijuana decriminalization responded to Slatery’s opinion, arguing there are multiple local ordinances, such as Nashville’s seat belt and litter laws, which have less severe penalties than those mandated by the state. The marijuana laws, they argue, similarly operate within the confines of state law. Barry said that she will continue to enforce Nashville’s city ordinance until she receives further legal guidance. Memphis has suspended its civil marijuana ordinance following the attorney general’s opinion. Memphis is the largest city in Tennessee and the 20th-largest city in the U.S. by population. Nashville is the second-largest city in the state and the 25th-largest city in the U.S. by population.

Thursday, November 17

  • The Cincinnati City Council unanimously approved a resolution calling for the retrial of a white ex-police officer in the fatal shooting of an unarmed black man. Former University of Cincinnati officer Ray Tensing fatally shot Samuel DuBose during a routine traffic stop in July 2015. Tensing was fired from the police force and tried on charges of murder. After deliberating for 25 hours, the jury announced that they failed to reach a verdict, and a mistrial was declared on November 12, 2016. The city council requested that Hamilton County Prosecutor Joe Deters “take all steps necessary to pursue a retrial” of Tensing. Deters told The Columbus Telegram that he expects to have a decision on the retrial by November 28, 2016. The next city council election will be held on November 7, 2017. Cincinnati is the third-largest city in Ohio and the 65th-largest city in the U.S. by population.

Friday, November 18

  • A battle over immigration policy is brewing between officials in cities across the U.S. and President-elect Donald Trump (R). During his campaign, Trump pledged to deport millions of undocumented immigrants with a focus on deporting those with criminal records. To aid in this effort, Trump said he would cut all federal funding to “sanctuary cities” immediately after his inauguration on January 20, 2017. Sanctuary cities maintain policies that prevent the deportation of undocumented immigrants by limiting cooperation between local law enforcement agencies and U.S. Immigration and Customs Enforcement (ICE). In these cities, government workers and police officers are barred from asking residents about their immigration status and compliance with ICE detainer requests is limited. According to the Immigrant Legal Resource Center, six states and 37 cities nationwide have sanctuary policies in place.
    • In the days following Trump’s election, the leaders of many sanctuary cities pledged to maintain their sanctuary status despite the possibility of cut federal funding. San Francisco Mayor Ed Lee (D) is among these officials, although the city could lose up to $1.3 billion, roughly 15 percent of the city’s budget for 2016-2017, if its funding is cut by the new administration. Minneapolis, which will retain its sanctuary status according to Mayor Betsy Hodges (D), could lose $26 million in federal funding. That amounts to about 2 percent of the city’s budget in 2016. The nation’s three largest cities (New York, Los Angeles, and Chicago) operate as sanctuary cities and face significant funding cuts.
      • The mayors of Philadelphia, Phoenix, and Seattle, as well as the Santa Ana City Council in California, have also publicly criticized the president-elect’s immigration policies and will continue to limit cooperation with ICE. Officials with the Denver Police Department (DPD) have stated that the DPD will not participate in efforts to deport undocumented immigrants.
    • Opponents of sanctuary city policies argue that they incentivize lawbreaking by sheltering criminals from punishment. Critics, including Fox News anchor Megyn Kelly, point to the murder of Kate Steinle by Mexican immigrant Juan Francisco Lopez-Sanchez on a San Francisco pier in 2015 as an example. Lopez-Sanchez was previously detained on an old marijuana charge, but he was released under San Francisco sanctuary laws after the sheriff’s office declined to prosecute. The National Border Patrol Council (NBPC), a union representing roughly 16,500 border patrol agents, supports Trump’s immigration policy as a way to combat crimes committed by people in the U.S. illegally. “Many Americans, thousands of them, have been killed by illegal aliens,” said NBPC vice president Shawn Moran, the same claim made by Trump at a political rally in October 2016. The Washington Post wrote that there is no data to either support or refute that claim.
    • Proponents of sanctuary cities argue that it is a matter of public safety and constitutional rights. Mayor Hodges released a statement on November 12, 2016, saying, “Witnesses and victims of crimes won’t come forward if they think our police officers will question or detain them about their immigration status.” Philadelphia Mayor Jim Kenney (D) said that sanctuary city policies protect against being “held against your will without a warrant,” which violates the Fourth Amendment of the United States Constitution. Chicago Mayor Rahm Emanuel (D) and New York Mayor Bill de Blasio (D) have argued that the widespread deportation of undocumented immigrants would separate families and heighten issues of discrimination against racial and ethnic minority groups.
  • In Maine, an election to recall two members of the Peru Town Board was held. The effort to recall board chairwoman Wendy Henderson and board vice chairman John Witherell from their positions was launched in July 2016. Organizers of the recall claim that the council members do not represent the will of the town nor vote in the town's interests. Results were not publicly available at the time of publication.

 

What’s On Tap Next Week

Tuesday, November 22

  • In Wisconsin, a recall election for three members of the Paris City Council will be held. The effort to recall council members Virgil Gentz, Ronald Kammerzelt, and Kenneth Monson began earlier in the year because of concerns by property owners over the town's efforts to transfer property to a neighboring town in exchange for a revenue split from the property's use. The agreement in question would have transferred 2,500 acres near Interstate 94 to the neighboring town of Somers. Board members withdrew the proposal in October 2016.

 

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