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The Tap: The Women & Trump 150 Index

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March 18, 2017Issue No. 57

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The week in review: March 11 - March 17
What's on Tap next week: March 18 - March 24

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

Yesterday, Ballotpedia published the Women & Trump 150 Index, an analysis from the Sorock Research Group. This report provides a snapshot-look into a weekly panel survey of high-intensity female supporters of President Donald Trump.

Sarah Rosier, Ballotpedia's Federal Desk Editor, said that Ballotpedia's interest in the SRG number stems from curiosity about how high-intensity Trump supporters are reacting to the daily and weekly events of the Trump administration. "At Ballotpedia, we keep close tabs on overall presidential approval. With the SRG numbers, we're also able to dig more precisely into how some of his highest-intensity voters view him, week-by-week. If their support stays consistently high, this is likely to be a good omen for Republicans in 2018 and 2020. Conversely, if their intensity of support slips, this is an early warning sign for the Trump administration and Republicans," Rosier said. View the report: Women & Trump 150 Index

 

Federal

The Week in Review

Monday, March 13

White House clarifies Trump’s wiretapping claims

  • During his daily briefing, White House press secretary Sean Spicer clarified what President Donald Trump meant last week when he tweeted, “Terrible! Just found out that Obama had my ‘wires tapped’ in Trump Tower just before the victory. Nothing found. This is McCarthyism!” Spicer said, “I think if you look at the President’s tweet, he said very clearly ‘wiretapping’ in quotes. … There’s been reports in The New York Times and the BBC and other outlets about other aspects of surveillance that have occurred. The President was very clear in his tweet that it was wiretapping, that that spans a whole host of surveillance types of options.”

CBO releases report on AHCA

  • The Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) released a report estimating the cost of the American Health Care Act (AHCA) and its impact on the number of uninsured. The report found that the AHCA would reduce federal deficits by $337 billion over 10 years, 52 million people would be uninsured by 2026, and that the bill would initially increase average premiums before lowering them compared to projections under Obamacare.
    • For more details on the CBO report and the provisions of the AHCA, click here.

Puerto Rico debt plan approved

  • An oversight board approved Puerto Rico Gov. Ricardo Rosselló's fiscal plan to address the island’s $70 billion of defaulted debt. After the board rejected Rosselló's initial plan last week, he added "higher traffic fines, an increase in an excise tax on tobacco products, a tax on insurance, and the extension of an existing tax break for manufacturers on the island," according to The New York Times. The board voted unanimously to enforce austerity measures if Puerto Rico failed to meet certain conditions by April 30, including decreasing the public pension system by 10 percent, furloughing workers, and eliminating holiday bonuses.

Senate approves Trump’s pick to lead the Centers for Medicare and Medicaid Services

Tuesday, March 14

Judicial conference recommends 57 new Article III judicial positions

Wednesday, March 15

Congressional committee sets deadline for wiretapping evidence

  • House Intelligence Committee Chair Devin Nunes (R-Calif.) told reporters that he had not seen any evidence to support President Donald Trump’s claims that Trump Tower had been wiretapped at the direction of former President Barack Obama. “We don't have any evidence that that took place and, in fact, I don't believe—just in the last week of time, the people we've talked to—I don't think there was an actual tap of Trump Tower,” he said. Nunes, along with Rep. Adam Schiff (D-Calif.), the committee’s ranking Democrat, said they could issue subpoenas for records if they do not receive evidence by March 20. That is the date of the committee’s hearing with FBI Director James Comey.

Filing closes for South Carolina special election

  • Candidate filing closed for the special election in South Carolina’s 5th Congressional District. The election will replace Mick Mulvaney (R) who was confirmed as director of the of Management and Budget on February 16, 2017. Fifteen candidates filed in the race: three Democrats, seven Republicans, and five third-party candidates. Primary elections will be held on May 2, 2017, with primary runoffs occurring on May 16 if required, and the general election will take place on June 20, 2017. Ballotpedia currently rates the race as safely Republican.

Trump immigration order halted

Grassley and Klobuchar introduce legislation to put cameras in federal courts

  • U.S. Senators Chuck Grassley (R-Iowa) and Amy Klobuchar (D-Minn.) introduced the Sunshine in the Courtroom Act. The Act, if adopted, would give the presiding judge of every federal court, including the U.S. Supreme Court, the discretion to allow cameras in the courtroom. Jurors and witnesses’ identities would be protected when necessary or upon request. The bill prohibits media coverage of private conversations between clients and counsel, between counsel and the presiding judge, and between counsel. The bill contains a three-year sunset provision in order to review the potential impact of the law. The bill was cosponsored by U.S. Senators Richard Blumenthal (D-Conn.), John Cornyn (R-Texas), Dick Durbin (D-Ill.), Al Franken (D-Minn.), Lindsey Graham (R-S.C.), Patrick Leahy (D-Vt.), and Ed Markey (D-Mass.) With the exception of Sen. Markey, each sponsor and cosponsor of the bill sits on the Senate Judiciary Committee.

Thursday, March 16

House committee approves healthcare bill

Second injunction against revised travel ban issued

  • Earlier this month, the National Immigration Law Center and the ACLU filed a lawsuit that asked Judge Theodore D. Chuang, of the United States District Court for the District of Maryland, to block President Trump’s revised executive order on immigration entirely. The suit, filed on behalf of refugee resettlement organizations, claims that the executive order lacks a legitimate reason for halting refugee resettlement. Chuang blocked the portion of the order that affected the issuance of new visas to people from six Muslim-majority countries.

Coats sworn-in as DNI

  • Former Indiana Senator Dan Coats was sworn in as director of national intelligence. The Senate confirmed Coats by a vote of 85-12 on March 15. He is the fifth person to serve in the position. The office of the DNI was created in the aftermath of the September 11, 2001, terror attacks with the goal of coordinating and integrating the efforts of the country’s various intelligence agencies. The DNI is the principal adviser to the president and the national security council on all security-related intelligence matters and serves as the head of the U.S. Intelligence Community, a group of 16 government intelligence agencies that includes the CIA.

Tillerson comments on North Korean nuclear development

  • During the first stop of his East Asian tour in Tokyo, Secretary of State Rex Tillerson reaffirmed the United States' commitment to trilateral cooperation with Japan and South Korea against North Korean nuclear development, including the continued implementation of a UN security resolution imposing sanctions against North Korea. He said, "North Korea and its people need not fear the United States or their neighbors in the region who seek only to live in peace with North Korea. With this in mind, the United States calls on North Korea to abandon its nuclear and ballistic missile programs and refrain from any further provocations. The U.S. commitment to the defense of Japan and its other treaty allies through the full range of our military capabilities is unwavering."

Bipartisan bill introduced to put cameras in the U.S. Supreme Court

  • A bill was introduced by U.S. Senators Chuck Grassley (R-Iowa) and Dick Durbin (D-Ill.) to require open proceedings of the U.S. Supreme Court to be televised. The bill, the Cameras in the Courtroom Act of 2017, was cosponsored by Senators Richard Blumenthal (D-Conn.), Al Franken (D-Minn.), and Amy Klobuchar (D-Minn.). U.S. Representatives Gerry Connolly (D-Va.) and Ted Poe (R-Texas) introduced companion legislation in the U.S. House of Representatives. The bill would require televised proceedings for any session of the court in which members of the public are invited to observe in person. Senator Grassley has introduced similar legislation in every Congress going back to the 107th Congress (2001-2002). In every instance, the bill has been reported out of the Senate Judiciary Committee, but has never had a vote on the Senate floor.

Trump submits budget proposal to Congress


Friday, March 17

Trump and German Chancellor Angela Merkel meet

  • President Donald Trump and German Chancellor Angela Merkel held a joint press conference at the White House after they discussed NATO and trade between the U.S. and the European Union. “I reiterated to Chancellor Merkel my strong support for NATO as well as the need for our NATO allies to pay their fair share for the cost of defense,” he told reporters. Referencing reports from 2013 that the Obama administration had intercepted Merkel’s phone calls, Trump added, “At least we have something in common, perhaps.”

A judicial anniversary

 

Congress is IN session SCOTUS is IN session
The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Monday-Thursday. The U.S. Supreme Court returns next week for its March sitting and will hear arguments beginning Monday, March 20. The court has 24 argument sessions scheduled through the end of April. Including cases consolidated for argument, the court will hear arguments on 28 more cases for a total of 71 argued cases this term.

What’s On Tap Next Week

Saturday, March 18

Judicial transitions taking place on Saturday

  • J. Daniel Breen, chief judge of the United States District Court for the Western District of Tennessee, elected to take senior status beginning on Saturday. Judge Breen’s decision created an Article III vacancy on the court. To enter into an Article III position, a judge must be nominated by the president. Nominations are then subject to the advice and consent of the U.S. Senate. Under current law, the court has five active judicial posts. Judge Breen’s decision will create a second vacancy on the court.
  • Judge Eric Washington, chief judge of the District of Columbia Court of Appeals, retired from active service on the court. Judge Washington will transition to a senior judicial position on the court. The District of Columbia Court of Appeals hears appeals from local courts serving residents of Washington, D.C. Judge Washington was on the court for 17 years, serving as chief judge for 11 years - the longest tenure of any chief judge in the court’s history. Prior to his service on the D.C. Court of Appeals, Judge Washington was an associate judge on the Superior Court of the District of Columbia. Judge Washington will be succeeded as chief judge by Judge Anna Blackburne-Rigsby. Judge Washington’s seat on the court must be filled by a presidential nomination. That nomination is subject to Senate confirmation. The court currently has two vacancies out of nine active judicial positions.
  • Judge Jeanette Clark, a judge on the Superior Court of the District of Columbia, retired from the court. Judge Clark’s retirement creates a sixth vacancy on the court out of 62 active judicial positions. Judges on the Superior Court of the District of Columbia serve fifteen-year terms on the court. The court hears criminal and civil trials arising in Washington, D.C. Judge Clark’s successor must be nominated by the president. That nomination is subject to the advice and consent of the U.S. Senate.

Monday, March 20

Supreme Court nomination hearings get underway

  • The Senate Judiciary Committee will begin nomination hearings on Neil Gorsuch, President Donald Trump’s nominee to succeed Antonin Scalia on the U.S. Supreme Court. Trump nominated Gorsuch to the Supreme Court on January 31, 2017. In February, the committee chairman, U.S. Sen. Chuck Grassley (R-Iowa), indicated that he expected the committee hearings to last for three days, with one day devoted exclusively to testimony from the nominee. Grassley said, “We will try to have the hearing in one day, but before that one day that you ask him questions, there’s going to be one day of speeches by members of the committee, and the candidate’s going to have to sit there, and listen to that … that could be a short day if we’ve got one round. Or if we’ve got two rounds or three rounds, it could get to be a long day, but ... my intention is to get it done that one day.” On Monday, senators are expected to make opening statements with the nominee in attendance. Gorsuch is expected to testify on Tuesday, March 21. A third day of hearings on Wednesday, March 22, would be reserved for outside witnesses.

SCOTUS returns for its March sitting

  • The U.S. Supreme Court returns for its March sitting on Monday with arguments in two cases:
    • In Murr v. Wisconsin, the court will review a judgment of the Wisconsin Court of Appeals for District III. A St. Croix County, Wisconsin, ordinance prohibits the development or sale of privately owned, adjacent lots unless any one individual lot has at least one acre of net project area. The Murrs, owners of two adjacent lots in the county each less than one acre, are challenging the ordinance as a regulatory taking of their property without compensation in violation of the Fifth Amendment.
    • In Howell v. Howell, the court will review a probate case on appeal from the Arizona Supreme Court. Beginning in 1992, and pursuant to their 1991 divorce agreement, John and Sandra Howell received equitable amounts of John's military retirement pay (MRP). In 2005, John elected to take VA disability payments effective from July 1, 2004, which, under federal law, reduced the amount of disposable MRP that could be divided between John and Sandra once VA benefits were reduced from John's MRP. Sandra sued in 2013 seeking her equitable portion of the MRP prior to the reduction for VA benefits. An Arizona family court granted her request back to December 1, 2011. A court of appeals upheld the ruling. John argued on appeal that a federal law, the Uniformed Services Former Spouses' Protection Act (USFSPA), preempted the state court's ruling because VA disability payments are not considered divisible assets. The Arizona Supreme Court rejected that argument and upheld the lower court's award to Sandra.

Tuesday, March 21

SCOTUS hears two cases on Tuesday

  • The U.S. Supreme Court will hear two cases on Tuesday:
    • In Microsoft Corporation v. Baker, the court will review a judgment of the Ninth Circuit Court of Appeals. After a federal judge denied class action certification to plaintiffs, a group of individual Xbox owners, in a lawsuit against Microsoft, the plaintiffs voluntarily moved to dismiss the case with prejudice, a motion which the court granted. Dismissing a claim with prejudice would permit the plaintiffs to bring the same charges again in future litigation. Despite the voluntary dismissal, the Ninth Circuit noted jurisdiction and reversed, holding that the judge committed legal error in striking class-action allegations from the plaintiffs’ complaint. Microsoft claims that once the plaintiffs voluntarily moved to dismiss there was no cause for appellate review.
    • In Impression Products, Inc. v. Lexmark International, Inc., the court will review an en banc judgment from the U.S. Court of Appeals for the Federal Circuit. In its ruling, the circuit court upheld the validity of two of its own precedents as binding in the law of patent exhaustion, that is, when a patent holder no longer has exclusive rights over the use of a patented item once that item has been sold. Impression Products argues that two recent U.S. Supreme Court opinions in this area of law supercede the Federal Circuit's precedents.

Wednesday, March 22

SCOTUS hears two arguments on Wednesday

  • The U.S. Supreme Court concludes the first week of its March sitting with arguments in two cases:
    • In County of Los Angeles v. Mendez, the court will review a Fourth Amendment ruling of the U.S. Court of Appeals for the Ninth Circuit. While executing a warrantless search for a wanted parolee, two L.A. County sheriff's deputies, without notice, searched a shack within a homeowner’s property line where they happened upon two occupants who were living in the shack with the homeowner's permission. Upon notice of a weapon held by one of the occupants, the deputies fired fifteen rounds from their service weapons, injuring both occupants. At trial, the deputies asserted qualified immunity for the warrantless search and the resulting injuries sustained by the occupants of the shack, but a trial court and an appellate panel rejected that argument, holding that the deputies' actions were not consistent with the Fourth Amendment and that the deputies were subject to civil liability because the deputies' actions provoked the shooting.
    • In Water Splash, Inc. v. Menon, the court will review a judgment from the Texas Fourteenth District Court of Appeals. Prior to any civil lawsuit, a party must be served process. The Hague Service Convention (Convention), to which the U.S. is a signatory, establishes requirements for serving process from one member state to another without the use of consular or diplomatic channels. Water Splash, Inc., a U.S.-based corporation, filed a civil lawsuit in a Texas court against an employee (Menon) who is a citizen of Canada. In hopes of expediting the servicing of process, Water Splash relied on a Texas rule of civil procedure that permitted notice by mail. When Menon failed to respond, Water Splash was awarded default judgment. On appeal, Menon alleged that servicing of process by mail was prohibited by the Convention and that the default judgment against her should be set aside. The Texas Fourteenth District Court of Appeals agreed with Menon.

Thursday, March 23

Confirmation hearing for Agriculture Secretary nominee Sonny Perdue

 

Where was the president last week? Federal judiciary
On Monday, Trump’s executive Cabinet met for the first time as a group, and he signed the “Comprehensive Plan for Reorganizing the Executive Branch” executive order. On Tuesday, Trump met with Saudi Deputy Crown Prince Mohammed bin Salman bin Abdulaziz Al Saud, and he spoke with GOP leadership about the healthcare bill. On Wednesday, Trump visited workers and CEOs in the auto industry in Michigan before holding a Make America Great Again Rally in Nashville, Tennessee. On Thursday, Trump met with the Taoiseach of Ireland and spoke at the St. Patrick’s Day Reception.  
  • 134 total federal judicial vacancies
  • 1 pending nomination
  • 14 future vacancies

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

State and Local

Highlights

State

  • On Wednesday, March 15, the Kentucky General Assembly approved legislation that would allow charter schools to begin operating in the state during the 2017-18 school year. The state Senate approved the measure 23-15, while the state House voted 53-43 in favor. The bill allows for school boards and the mayors of Louisville and Lexington to approve charter schools in those districts or cities. Students would be prevented from crossing county lines to attend a charter school unless a regional charter school is established. While he has not explicitly said he would sign the legislation, Gov. Matt Bevin (R) testified in support of the legislation during a committee hearing last week. Kentucky became one of 25 states with a Republican trifecta following the 2016 legislative elections and would be the 44th state to enact charter school legislation.

Local

  • On Thursday, March 16, a pair of federal and state investigations connected to New York City Mayor Bill de Blasio (D) and his aides concluded after prosecutors announced that they would not bring charges. The mayor was previously interviewed on January 25, 2017, by prosecutors from the Manhattan district attorney’s office regarding a state investigation into fundraising practices. The state inquiry investigated whether limits on individual campaign contributions to candidates were sidestepped via contributions to county party committees that spent on behalf of the candidates instead. A separate federal inquiry investigated whether contributions to the mayor’s campaign or a separate nonprofit resulted in the contributors receiving favors from city officials, including the mayor.
    • In their announcement, the prosecutors stated that the mayor and others had violated the “intent and spirit” of campaign finance laws but that they could not prove that crimes were committed beyond a reasonable doubt. The prosecutors explained their decision to make a public statement about their investigations by stating, “[...] we believe it appropriate in this case at this time, in order not to unduly influence the upcoming campaign and mayoral election.” Mayor de Blasio had previously denied all allegations of wrongdoing related to the inquiries, and he responded to the announcement by stating, "This confirms what I've been saying and what all my colleagues have been saying.” New York City is the largest city in the U.S. by population.
    • New York City is holding municipal elections for mayor and city council this year. A primary election is scheduled for September 12, 2017, and the general election will be held on November 7, 2017. The city’s boroughs will also be holding elections on the same dates.
 

State

The Week in Review

Ballot Measures Update

2017:

  • So far, five statewide measures are certified to appear on the ballot in 2017 in Maine, New York, New Jersey, and Ohio. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. Moreover, voters in Puerto Rico will decide a referendum on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association.

2018:

Monday, March 13

Sanctuary State Bill Advances to California Senate

  • The Appropriations Committee of the California State Senate sent a bill to the full chamber that would expand sanctuary status to the entire state. If it passes, California would become the first state in the country to have a statewide sanctuary policy. The bill would prohibit state and local law enforcement from spending money on enforcing federal immigration laws and ban the enforcement of immigration laws in state schools, health facilities, and courthouses. The state would also notify federal authorities 60 days before violent felons are released from jail. California is currently one of six states with a Democratic trifecta and has nine cities among the nation’s 100 largest cities by population with identified sanctuary policies.
    • In a February 5 interview with Fox News host Bill O’Reilly, President Trump reiterated that he was open to leveraging federal defunding in an attempt to halt California's sanctuary state legislation. Trump said the state was “out of control,” adding, “If they’re going to have sanctuary cities, we may have to [defund them]. Certainly that would be a weapon.” Legislative leaders in California responded to Trump’s message the next day. Senate President Pro Tem Kevin de Leon (D) said in a statement that the “threat to weaponize federal funding is not only unconstitutional but emblematic of the cruelty he seeks to impose on our most vulnerable communities.”

Nevada Legislature Approves Automatic Voter Registration

  • The Nevada State Legislature approved an indirect citizen initiated state statute to allow for automatic voter registration of qualified citizens when receiving services—such as applications and renewals—from the Department of Motor Vehicles. The group Nevadans for Modern and Secure Elections collected more than the 55,234 signatures required to get the initiative sent to the legislature for consideration. The bill now heads to the desk of Gov. Brian Sandoval (R). If he signs the legislation, it will become law. Otherwise, it will go before voters on the November 2018 ballot. Sandoval publicly said on March 8 that he did not know whether or not he would sign the legislation. The initiative was delivered to the governor on March 16; the governor is required to either sign or veto the law within five days of it reaching his desk. Nevada is currently one of 19 states under divided government.

Colorado House Considers Marijuana Legislation

  • The Democratically-controlled Colorado House of Representatives voted 55-10 to approve legislation that would restrict the number of marijuana plants that residents could grow in their homes. It would impose a cap of 16 plants per home, while current laws allow for as many as 99 plants to be grown by medical patients and caregivers. The Denver Post identified the bill as an attempt by Gov. John Hickenlooper (D) to clean up a gray market in the state, where marijuana is being grown legally and then sold illegally. To become law, the bill would still need to pass the Republican-controlled state Senate. Colorado is currently one of 19 states under divided government.

South Carolina Filing Deadline

Tuesday, March 14

Iowa Senate Passes Abortion Legislation

  • The Iowa State Senate voted 32-19 to approve legislation that would prohibit abortions after 20 weeks. The chamber’s 29 Republicans were joined by two Democrats and an independent in the vote. The bill will now move to the state House, where similar legislation died earlier this session. The legislation would make knowingly terminating a pregnancy after 20 weeks a Class C penalty, which carries a maximum sentence of 10 years in prison. It provides an exemption for abortions performed between 20 and 24 weeks in cases of fetal anomalies incompatible with life, along with other exemptions. Iowa is currently one of 25 states with a Republican trifecta.

North Carolina Senate Approves Income Tax Rate Cap

  • The North Carolina State Senate voted 36-13 to approve a constitutional amendment that would lower the state’s income tax rate cap from 10 percent to 5.5 percent. The state’s current income tax rate in 5.499 percent. In order to become law, the amendment must also pass the state House during this session, which is expected to run through July, by a 60 percent majority. If it is approved by the state House, the amendment would then appear before voters on the November 2018 ballot.

West Virginia House Passes Insurance Exchange Legislation

  • The West Virginia House of Delegates voted 68-31 to approve legislation that would repeal provisions in state law that established a health insurance exchange under the Affordable Care Act. Insurance exchanges are places where consumers can browse and purchase health insurance and are aimed at making it easier to buy insurance and encouraging lower prices through increased competition. Under current law, the state partners with the federal government to provide the insurance exchange. West Virginia is one of seven states with such a federal partnership. If the state rescinded its role in the partnership, the federal government would move in to manage the exchange on its own, as it does in 27 other states.

Wednesday, March 15

North Carolina Redistricting Deadline

  • March 15 was the deadline set by a U.S. district court for the General Assembly of North Carolina to redraw the lines for 28 state legislative districts in preparation for special elections to be held in November 2017. The order was made in November 2016 following the court’s ruling in August that nine state senate districts and 19 state house districts constituted a racial gerrymander. In January 2017, however, the U.S. Supreme Court granted a stay of the November order while it considers an appeal from state officials. The court has made no movement on the case since January, and the status of the special elections set for later this year is uncertain. North Carolina is one of 19 states under divided government.

Arizona Supreme Court Upholds 2016 Measure

  • The Arizona Supreme Court rejected a challenge to Proposition 206 (2016), which voters approved to raise the minimum wage to $10 in 2017, and then incrementally to $12 by 2020, and create a right to paid sick time off from employment. Business groups filed litigation against the proposition, claiming that it increased costs to the state by requiring a higher wage for certain contractors, but did not provide a funding mechanism for these costs. Ballot measures that create costs to the state but don't provide a funding mechanism are prohibited by the state constitution. Chief Justice Scott Bales announced that the seven justices of the Arizona Supreme Court unanimously rejected the argument that Proposition 206 was unconstitutional. Proposition 206 was approved 58-42 by voters in November 2016.

Idaho Senate Passes Marsy’s Law Amendment

  • The Idaho State Senate voted unanimously to approve an amendment that would establish a Marsy’s Law in the state. The measure would provide crime victims with rights to (a) reasonable and timely notification of criminal justice proceedings; (b) reasonable and timely notification of an escape or absconsion from probation or parole; (c) full and timely restitution for economic loses; (d) a reasonable and timely opportunity to read presentence reports; and (e) reasonable protection from the accused. To become law, the amendment must be passed by a two-thirds vote in the state House and then approved by voters on the November 2018 ballot.
    • The type of crime victim legislation addressed by this measure is often referred to as a Marsy's Law. Henry Nicholas, the billionaire co-founder of Broadcom Corp., organized a nationwide campaign for this kind of legislation to increase the legal rights and privileges of victims. The law was named after Henry Nicholas' sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983.
    • In 2018, Marsy’s Law could also be on the ballot in Georgia, Nevada, and Oklahoma through legislatively referred constitutional amendments. A 2017 initiative petition drive is ongoing in Ohio as well.
    • Nicholas was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in Montana, South Dakota, and North Dakota—which all passed—and legislative proposals in multiple states.

Stand Your Ground Legislation in Florida

  • The Florida State Senate voted 23-15 to approve legislation that put the burden of determining the application of stand your ground laws on prosecutors rather than defense attorneys. The law would make Florida the first state where prosecutors would need to prove beyond a reasonable doubt that the use of force was not justified. Currently, defendants are responsible for submitting a claim of self defense before a judge and providing evidence to support that claim. Gov. Rick Scott (R) is expected to sign the law if it reaches his desk. Florida is currently one of 25 states with a Republican trifecta.

South Dakota Governor Signs Pair of Meth Bills

  • South Dakota Gov. Dennis Daugaard (R) signed a pair of bills aimed at curbing meth use in the state. The first piece of legislation appropriates $600,000 to the state’s Department of Social Services to expand meth treatment services. The other new law increases penalties for drug use by people on probation or parole and provides incentives for offenders to complete drug treatment. According to KSFY, meth-related arrests in the state rose from 1,500 to 2,100 from 2015 to 2016. South Dakota is currently one of 25 states with a Republican trifecta.

Concealed Carry Law in Arkansas

  • The Arkansas General Assembly sent a bill to Gov. Asa Hutchinson (R) that would expand the public places where concealed carry permit holders can carry guns, including the capitol building and sporting events. Courtrooms, prisons, and public schools are exempt from the new law, while churches and bars can choose to ban guns but must post a notice if they do so. Hutchinson has publicly said he would sign the bill if it made it to his desk. About 220,000 of the state’s 3 million residents have concealed carry permits. Arkansas is currently one of 25 states with a Republican trifecta.

Thursday, March 16

Alabama House Approves Abortion-Related Amendment

  • The Alabama House of Representatives voted 67-14 to approve a constitutional amendment that would acknowledge, declare, and affirm that the state's public policy is to recognize and support "the sanctity of unborn life and the rights of unborn children, including the right to life," and "ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate." The measure, sponsored by Rep. Matt Fridy (R), would also add that "nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion." The amendment would need to pass the state Senate by a 60 percent vote during the current legislative session in order to appear on the November 2018 ballot.

North Carolina Governor Vetoes Judicial Elections Legislation

  • North Carolina Gov. Roy Cooper (D) announced his veto of a bill that would have made trial court judge elections in the state partisan. Republicans currently hold veto-proof majorities in both chambers, though enough Republicans voted against the bill in the state House to cast doubt on their ability to override the veto. Judges have been elected in nonpartisan elections at the trial court level since the late 1990s. Prior to that, judges ran with party labels in partisan primaries. It is currently one of 22 states that uses nonpartisan elections at the trial court level. North Carolina is currently one of 19 states under divided government.

Tennessee Filing Deadline

Friday, March 17

Louisiana Filing Deadline

New Mexico Legislature Sends Two Amendments to 2018 Ballot

  • The New Mexico State Legislature referred two constitutional amendments to the ballot for the election on November 6, 2018. No other measures have been certified in New Mexico for 2018. The state government is permitted to call for an earlier special election to address the ballot measures.
  • Senate Joint Resolution 1 was designed to give the state legislature power to determine the appeals process from probate courts and other inferior courts to higher courts. The measure would also allow the legislature to determine which cases originating in inferior courts and tribunals fall under the appellate jurisdiction of district courts. Currently, the New Mexico Constitution requires that appeals originating in inferior courts go to district courts and that districts courts have appellate jurisdiction over all cases originating in inferior courts and tribunals.
  • House Joint Resolution 8 would create a seven-member state ethics commission tasked with investigating alleged unethical conduct by state officials, executive and legislative branch employees, candidates, lobbyists, government contractors, and others as provided by law. On March 9, 2017, the House of Representatives first approved the amendment. The Senate approved an amended resolution on March 16. The two chambers could not agree on the details of the proposal; the House rejected the amended version, and the Senate voted against rescinding the changes. A joint House-Senate conference committee was established to negotiate the bill. An agreement was reached, and both chambers approved the bill between 9:40 and 10 p.m. local time. The legislature was set to adjourn at noon on the following day, March 18.
    • New Mexico is one of eight states with no independent ethics commission having jurisdiction over at least certain elected officials, according to the National Conference of State Legislatures.

 

What’s On Tap Next Week

Tuesday, March 21

Pennsylvania Special Election

  • A special election will take place for the District 197 seat in the Pennsylvania House of Representatives. Lucinda Little (R) was the only eligible candidate filed for the district. The seat is vacant following Leslie Acosta's (D) resignation on January 3, 2017. In late September 2016, it was revealed that Acosta had secretly pleaded guilty to one charge of conspiracy to commit money laundering, a federal felony, in March 2016.
    • Other candidates filed to run for this race or attempted to run, but were not approved for the ballot. Democrat Freddie Ramirez was removed from the ballot via residency challenge. Democratic Party officials then nominated Emilio Vazquez, but did so past the filing deadline. Commonwealth Court Judge Anne Covey rejected efforts to see Vazquez added to the ballot. Green Party candidate Cheri Honkala was also denied a spot on the ballot after her nomination was submitted a day past the deadline.

 

State government in session

State-gov-in-session-031717.png
State trifectas 2-24-17.png

State government special elections

As of this week, 11 state legislative seats have been filled through special elections in 2017. Another 31 elections (not including primaries or runoffs) have been scheduled in 17 states to fill vacancies.

Due to redistricting, additional state legislative special elections may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court issued an order on January 10, 2017, that would cancel the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order.

  • An average of 89 seats were filled through special elections in each of the past three odd years (2011: 94, 2013: 84, 2015: 88).
  • An average of 44 seats were filled through special elections in each of the past four even years (2010: 26, 2012: 45, 2014: 40, 2016: 65).

Upcoming special elections include: March 21, 2017

March 25, 2017

April 4, 2017

Local

The Week in Review

Elections Update

  • In 2017, Ballotpedia is covering municipal elections across 54 of America's 100 largest cities by population and several of the largest counties by population, local judicial elections across six states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 463 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
    • So far this year, Ballotpedia has covered six city elections, one county election, and 22 school board elections. Ballotpedia will cover approximately 100 local ballot measures in California in 2017.
    • Local ballot measure elections occurred in California on January 10, February 28, and March 7. On March 7, local voters decided 20 measures; 11 measures were approved, six were defeated, and three were too close to call with certainty until results are certified. Los Angeles city voters decided four measures, including Measure S, a development-related initiative. Measure S was defeated.
    • On March 7, St. Louis voters approved Proposition S, authorizing an annual fee of $5,000 for businesses that offer short-term loans, also known as a payday loan.
    • The next local ballot measure elections Ballotpedia will cover are on April 4 in Alaska, Colorado, and Missouri, and on April 11 in California.

Sunday, March 12

Atlanta mayoral election poll released

  • Atlanta City Councilwoman Mary Norwood is leading the field in the city’s upcoming mayoral election, according to a poll released by Channel 2 Action News. The race, which already features multiple city council members and a state senator, will be on the general election ballot on November 7, 2017. Norwood received support from nearly 29 percent of the poll’s respondents, and State Sen. Vincent Fort (D) came in second with more than 9 percent support. The poll was conducted on March 8, included 1,200 likely voters, and had a margin of error of 2.9 percent.
    • If no candidate wins a majority of the vote in November, a runoff election will be held between the top two vote recipients on December 5, 2017. Mayor Kasim Reed (D) is term-limited and cannot run for re-election. Sixteen seats on the city council will also be on the November ballot. The filing deadline to run in the election will be on August 25, 2017. Atlanta is the largest city in Georgia and the 40th-largest city in the U.S. by population.

Monday, March 13

Seattle sued by group of Uber and Lyft drivers

  • Eleven Seattle residents who drive for Uber and Lyft filed a lawsuit against the city. The lawsuit requests a restraining order stopping enforcement of a 2015 city ordinance allowing the unionization of independent contractors for ride-sharing services, taxi businesses, and other for-hire companies. Neither Uber nor Lyft support the ordinance. The plaintiffs, who are represented by National Right to Work Foundation and Freedom Foundation attorneys, argue that the ordinance conflicts with both the Driver’s Privacy Protection Act (DPPA) and the National Labor Relations Act (NLRA) on the grounds that union organizers would be able to access the personal information of drivers, which would violate their right to privacy under the DPPA, and that the NLRA’s lack of regulations granting collective bargaining powers to independent contractors preempts the city’s ordinance. A city spokesperson responded to the lawsuit by stating that, “the city will vigorously defend the ordinance.” Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
    • At the state and local level, preemption is a legal concept that allows a state law to supersede a conflicting local law due to the state's power to create cities as granted by state constitutions. The federal government can preempt state and local law in a similar manner. Click here to learn more about preemption conflicts at the state and local level.

Providence recall election scheduled

  • In Rhode Island, the Providence City Council voted 9-0 to schedule a recall election for City Councilman Kevin Jackson on May 2, 2017. Jackson was indicted in July 2016 on charges that he embezzled $127,153 from a youth sports team, including $67,000 in city donations, to fund his 2014 re-election campaign. In response to the recall effort, Jackson has stated that he wants to continue serving on the council and that it is motivated by politics rather than legal reasons. The city's board of canvassers verified 2,383 signatures on March 3, which exceeded the 2,000 signatures necessary to force a recall election. Providence is the largest city in Rhode Island and had 178,042 residents as of 2010, according to the United States Census Bureau.

Tuesday, March 14

Detroit school board voted to sue state

  • The Detroit Public Schools Community District school board voted to sue the Michigan state government, the state’s School Reform Office (SRO), and an SRO official in order to prevent school closures within the district. In January 2017, the SRO announced that 25 Detroit schools were under consideration for closure due to their academic placement in the lowest 5 percent of state schools for three consecutive years. Sixteen of the 25 schools are within the district itself, eight are under the supervision of the Education Achievement Authority, and one is an area charter school. The SRO listed a total of 38 Michigan schools that were in the same position. Following this announcement, the Michigan Department of Education contacted the school districts overseeing these schools and agreed to halt school closures in exchange for the districts partnering with the department on turnaround plans.
    • The school board’s president, Iris Taylor, released a statement about the lawsuit that said, “We want to make it clear that filing suit is not a rejection of MDE's offer to enter into a partnership agreement. It is simply the Board and the district ensuring that all options are available to us as we work through these challenges.” The lawsuit will be the third of its kind against the state after both the Kalamazoo Public School District and the Saginaw Public School District sued the state government on similar grounds. Detroit is the state’s largest school district and served 47,277 students during the 2014-2015 school year—approximately 3 percent of all public school students in the state.

Phoenix held runoff election

  • A runoff election was held for the District 3 seat on the Phoenix City Council. Incumbent Debra Stark (D), who was appointed to the seat in June 2016, defeated challenger Chris DeRose (R) in the runoff to win re-election. The runoff election followed a special election in November 2016 in which neither Stark nor DeRose obtained a majority of the votes cast. They defeated two other candidates, James Mapstead and Dan Carroll, in order to proceed to the runoff. Stark will be sworn in on March 23, 2017. There are nine members of the city council, including the mayor. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.

Wednesday, March 15

Illinois committee passed bill for elected Chicago school board

  • An Illinois House of Representatives committee voted 18-1 in favor of a bill that would replace the Chicago Board of Education’s seven appointed members with 21 elected members. School board members are currently appointed to four-year terms by the mayor of Chicago. The new board would include 20 members elected by geographic district within the city and a board president elected at-large by the city as a whole. The bill was sponsored by Rep. Robert F. Martwick Jr. (D), who stated that the purpose of the bill was to prevent Chicago residents from being taxed for the school district without having a direct vote in who served on the school board. The district’s chief education officer, Janice Jackson, expressed her opposition to the bill during the committee hearing and stated, “Nobody knows that having an elected school board is going to lead to higher outcomes for our students. So in a district like Chicago, with a large population of minority students and low-income students, why would we threaten that when we're on the right trajectory?” She also stated that “revenue is at the root of our problem” for the Chicago school district. A similar bill was passed by the state house in 2016 but did not receive a vote in the state senate. Chicago Public Schools is the state’s largest school district and served 392,558 students during the 2014-2015 school year—approximately 18.9 percent of all public school students in the state.

Joe Arpaio launched nonprofit organization

  • In Arizona, former Maricopa County Sheriff Joe Arpaio announced he was forming a new nonprofit advocacy group called the Sheriff Joe Arpaio Action Fund. In an email to supporters, Arpaio wrote, “Obviously, I am not a billionaire who can write a personal check to buy elections across this country (like Soros!). But what I can do is reach out to loyal supporters like you and ask for your help. Together we can build an organization that promotes a conservative agenda, helps conservative ideas become law and help those conservatives win office.” The email also linked to a donation site featuring images of a border wall. Arpaio was first elected as sheriff in 1992 and lost his campaign for re-election in 2016. As sheriff, he was known for his criticism of the federal government’s immigration policies under the Obama administration.

Virginia governor vetoes two election policy bills

  • Virginia Governor Terry McAuliffe (D) vetoed two election policy bills, HB 2343 and SB 872. HB 2343 would have required the Virginia Department of Elections to submit to local registrars lists of voters identified as having been registered to vote in another state. HB 2343 was sponsored by Delegate Robert Bell (R), who said, "Information would be provided to the general registrars from each county or city when it's found that one of their voters is also registered in another state, and it gives them the liberty to do what they want to do with that information." McAuliffe vetoed the bill, saying, "This bill would invite confusion and increase the possibility of violating federal law. Moreover, it would expose eligible and properly registered Virginians to the risk of improper disenfranchisement." SB 872, which was sponsored by Senator Amanda Chase (R), would have required a voter applying for an absentee ballot by mail, fax, telephone, or electronic transmission to submit a copy of a photo ID. The bill would have exempted military and overseas voters, as well as voters with disabilities. SB 872 was identical to HB 1428, which was vetoed by McAuliffe on March 3. In order to override the vetoes, each chamber of the state legislature must approve the bills with a two-thirds majority.

Thursday, March 16

Oregon filing deadline

  • The deadline passed to run in the general election for 50 school board seats across 14 of Oregon’s largest school districts by enrollment. The election will be held on May 6, 2017. The largest school district holding elections is Portland Public Schools, which served 47,806 students during the 2014-2015 school year—approximately 8 percent of all public school students in the state.

Friday, March 17

Idaho filing deadline

  • The deadline passed to run in the general election for 16 school board seats across six of Idaho’s largest school districts by enrollment. The election will be held on May 16, 2017. The largest school district holding elections is the West Ada School District, which served 36,804 students during the 2014-2015 school year—approximately 12.9 percent of all public school students in the state.

 

What’s On Tap Next Week

Monday, March 20

Portland City Council to vote on school bond

  • In Maine, the Portland City Council will be voting on whether to put a $64 million school bond measure on the ballot in 2017. The vote will require support from at least seven of the council’s nine members in order to pass. In 2016, the city’s school district requested a $70 million bond measure that led to the current proposal. If approved, the $64 million bond measure is estimated to cost a total of $92 million with interest included. Three city council members have expressed support for putting a smaller school bond measure on the ballot instead. Portland is the largest city in Maine and had 66,194 residents as of 2010, according to the United States Census Bureau.

Thursday, March 23

Montana filing deadline

  • In Montana, the deadline will pass to run in the general election for three of nine school board seats in Billings Public Schools. The district will hold its general election on May 2, 2017. Billings is the state’s largest school district and served 11,348 students during the 2014-2015 school year—approximately 7.9 percent of all public school students in the state.

 

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Fact Check

Fact Check by Ballotpedia

  • Has public opinion changed on the medical use of marijuana?
    • Legislation in North Carolina to legalize the use of marijuana by patients who have received a recommendation from a physician passed its first reading in the state House on February 27 and was referred to committee. While discussing the bill with the Winston-Salem Journal, sponsor Rep. Rodney Moore (D-District 99) claimed, "Medical marijuana is something that the public has changed its mind on, even in North Carolina." Polls do show North Carolinians’ support for the medical use of marijuana increasing, from 58 percent of respondents in 2013 to 74 percent in 2016. The results of national polls have varied, but a majority of respondents have consistently supported allowing doctors to recommend marijuana, and that support has increased over time. Support among Republicans is less than support among Democrats and independents.
  • How has marijuana legalization impacted state revenue and crime?
    • Maryland State Sen. Richard Madaleno is sponsoring legislation to legalize the adult possession of small amounts of marijuana, and to regulate and tax its sale. He claimed, “Colorado and Washington are bringing in hundreds of millions in revenue without any increase in crime, with a more sensible approach to the issue of cannabis use.” Decriminalization, by definition, has reduced arrests for marijuana possession, use, and sale in both states. However, there is no reliable data on trends in other marijuana-related crime. The nation’s primary source of crime data does not track drug crimes. Both Colorado and Washington have issued reports on the impacts of decriminalization, but the scope and methodologies of each are very limited. Madaleno is correct about the revenue generated by marijuana sales. Between fiscal years 2014 and 2016, Colorado collected nearly $234 million in taxes and license fees related to sales of marijuana. Washington collected nearly $256.5 million in excise taxes, license fees, and other marijuana-related revenue.
  • Has the Office of the Ohio Public Defender lost a third of its staff since 2000?
    • In preparation for his fiscal year 2018-2019 budget, Ohio Governor John Kasich asked department heads to submit two budget plans: one for the current funding level and one accounting for a 10 percent cut. According to the Columbus Dispatch, Public Defender Tim Young responded that his office, which represents indigent criminal defendants, has already lost a third of its staff since 2000. Is Young correct? Full-time equivalent staff positions in the Public Defender's office decreased 27.5 percent between fiscal years 2000 and 2017. In the same period, the budget for the Office of the Ohio Public Defender (OPD) increased six percent (adjusted for inflation). The proportion of the state budget allotted for the OPD has decreased by 0.04 of a percentage point in those years.

 

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