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The Tap: Veto the Puppy

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May 7, 2016Issue No. 15

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The week in review: April 30 - May 6
What's on Tap next week: May 7 - May 13

Navigate The Tap by clicking the tabs below:

Federal

What's on tap?

  • On Thursday, May 12, Donald Trump is expected to meet with Speaker of the House Paul Ryan (R-Wis.) and other congressional leaders in Washington, D.C. “Having both said we need to unify the party, Speaker Ryan has invited Donald Trump to meet with members of the House Republican leadership in Washington on Thursday morning to begin a discussion about the kind of Republican principles and ideas that can win the support of the American people this November,” a statement from Ryan’s office read.
  • Earlier this week, during an interview with CNN, Speaker Paul Ryan (R-Wis.) said that “he cannot support or endorse” Donald Trump for president. Ryan said, “To be perfectly candid with you … I’m just not ready to do that at this point. I’m not there right now. I hope to though and I want to. But what is required is to unify this party. And the bulk of the burden on unifying the party will have to come from our presumptive nominee. … At this point I’m not ready to jump in, but I hope we can get there. … This is the party of Lincoln, of Reagan, of Jack Kemp. And we don’t always nominate a Lincoln or a Reagan every four years. But we hope that our nominee aspires to be Lincoln and Reaganesque, that that person advances the principles of our party and appeals to a wide, vast majority of Americans.”
    • Donald Trump replied to Ryan in a statement saying, “I am not ready to support Speaker Ryan's agenda. Perhaps in the future we can work together and come to an agreement about what is best for the American people. They have been treated so badly for so long that it is about time for politicians to put them first!"
    • See also: Republicans and their declared positions on Donald Trump
 

Federal

The Week in Review

Sunday, May 1

  • Hillary Clinton said she “could really care less” about Donald Trump’s attacks against her. “I have a lot of experience dealing with men who sometimes get off the reservation in the way they behave and how they speak. I’m not going to deal with their temper tantrums or their bullying or their efforts to try and provoke me,” she said. A spokeswoman later apologized on behalf of Clinton for her use of the term “off the reservation” because it “has very offensive roots.”
  • Bernie Sanders predicted that “It is virtually impossible for Secretary Clinton to reach the majority of convention delegates by June 14 — that is the last day that a primary will be held — with pledged delegates alone. ... She will need superdelegates to take her over the top at the convention in Philadelphia.” He continued, “In other words, the convention will be a contested contest.”
  • U.S. Sen. Lindsey Graham (R-S.C.) said that he was advising Ted Cruz to “go to the last vote” because he believed a Trump presidency would compromise national security. He said, “There's a civil war going on in the Republican Party, obviously. John and I are very close friends, but he's embracing Donald Trump, and I am not. Why? Because I believe Donald Trump's foreign policy is isolationism. It will lead to another 9/11."

Monday, May 2

  • Hillary Clinton suggested that Bill Clinton might become involved in reviving American manufacturing if she were elected president. "I’ve told my husband he’s got to come out of retirement and be in charge of this, because you know, he’s got more ideas a minute than anybody I know. Gotta put people back to work and make it happen. So we’re going to give it all we’ve got, absolute full-in 100 percent effort, because I worry we won’t recognize our country if we don’t do this,” she said.
  • While campaigning in Indiana, Ted Cruz spoke with a Donald Trump supporter protesting outside of a small event at a restaurant. He called on the man to explain why he liked Trump and then highlighted Trump’s business dealings and rhetoric around violence at his campaign events as negatives. The man called him a liar and said, “You’ll find out tomorrow. Indiana don’t want you.” Cruz pushed back, "Sir, with all respect, Trump is deceiving you. He is playing you for a chump. Ask yourself two questions: Why is it that the mainstream media wants Donald Trump to be the nominee? And why is that John Boehner supports Donald Trump?"
  • Connor Eldridge, a former U.S. attorney running for a U.S. Senate seat in Arkansas as a Democrat, released an ad connecting his opponent, sitting U.S. Sen. John Boozman (R-Ark.), to Donald Trump. The ad presents audio and video clips of Trump making derogatory and critical statements about women before featuring Boozman saying, “I’ll support the candidate regardless of who we pick … whether Donald Trump … it certainly would be a lot better presidency.” Ballotpedia rates the Arkansas Senate race as safely Republican.
  • Politico reported that, while Marco Rubio hadn't endorsed Ted Cruz for president, Rubio did rent his fundraising list to the Cruz campaign. Rubio suspended his presidential campaign in March 2016 and has called Cruz "the only conservative left in the race."
  • U.S. Secretary of Education John King Jr. said that Mississippi’s HB 1523 and North Carolina’s HB 2 are “hateful laws and should be repealed.” Mississippi’s law allows business owners to deny service to LGBT individuals due to religious objections. North Carolina’s bill bans transgender students from using bathrooms and locker rooms that correspond to their gender identity. King did not directly address whether federal funding, including student loans and Pell grants, will be taken away from these states, instead saying, “I do not want to get ahead of enforcement actions we may take in regards to North Carolina and Mississippi. My hope is legislators will realize they’ve made a terrible mistake.” Under Title IX, a university cannot deny accommodations to students based on gender.
  • Iranian Supreme Leader Ali Khamenei told the United States to remove its military presence from the Persian Gulf and said Iran has the ability to “eradicate American forces from the region.” Khamenei said, “Today, the enemies utter words bigger than their mouths; for instance they develop plans to bring to a halt Iran’s military wargames in the Persian Gulf, what a foolish remark. The Persian Gulf is the Iranian nation’s home and the Persian Gulf and a large section of the Sea of Oman belong to this powerful nation. Therefore, we should be present in the region, hold wargames and display our power and it is the Americans who should say why they have come from that side of the world and stage drills in here. What are you doing here? Go back to the Bay of Pigs. Go and hold exercises there. What are you doing in the Persian Gulf? The Persian Gulf is our home.”
  • Puerto Rico was unable to pay most of a $422 million debt payment. Congress is working on creating an aid package for Puerto Rico, but lawmakers are unable to agree on a solution to the debt crisis. Congressional Republicans want to create an oversight board to prevent future financial mismanagement, but Puerto Rico Governor Alejandro Garcia Padilla wants to “be granted Chapter 9 bankruptcy rights -- or something similar -- to make it easier for the island to restructure some of its debts, akin to what Detroit did,” according to CNN.
  • The Supreme Court agreed to hear SCA Hygiene Products v. First Quality Baby Products and Star Athletica v. Varsity Brands, Inc. next term. In certain circumstances, if a plaintiff waits too long to file a claim, a defendant can use what is known as a laches defense. Generally, a laches defense is used to show that a plaintiff has waited an unreasonable amount of time to file a claim and that this delay is prejudicial toward the defendant. In 2014, the U.S. Supreme Court held in Petrella v. MGM that laches cannot be used as a defense against copyright infringement claims if those claims were filed within the statutory period permitting such challenges. The Federal Circuit, while conforming to the Supreme Court’s ruling in Petrella for copyright cases, allows laches defense against timely filed patent infringement claims. In SCA Hygiene Products v. First Quality Baby Products, the Supreme Court will decide if and to what extent laches can be used as a defense against timely filed patent infringement cases. In Star Athletica, the court will review whether design elements of "useful articles," like stripes on a uniform, are protectable under the Copyright Act.
  • Writing for a five-justice majority in Ocasio v. United States, Justice Alito affirmed the 4th Circuit holding that a criminal defendant may be convicted of a Hobbs Act violation when conspiring to commit extortion of a co-conspirator.

Tuesday, May 3

  • Donald Trump won the Indiana Republican primary with more than 50 percent of the vote. Because Indiana’s Republican delegates are allocated on a winner-take-all basis, Trump walked away with nearly all of the state’s 57 pledged delegates. As of May 4, only one’s district’s delegates had yet to be assigned, Indiana’s 3rd congressional district, where Ted Cruz scored wins in the counties of Whitley, Wells, Adams, and Allen and where Fort Wayne is located. Trump won 87 out of 92 counties. His delegate haul from Tuesday night brought him past the 1,000 mark to less than 200 shy of the 1,237 delegates need to win the Republican nomination.
  • After Trump won Indiana’s primary election and Cruz suspended his campaign, Republican National Committee Chairman Reince Priebus tweeted: “@realDonaldTrump will be presumptive @GOP nominee, we all need to unite and focus on defeating @HillaryClinton #NeverClinton.”
  • Mark Salter, the former chief of staff for Sen. John McCain, pledged his support for Hillary Clinton over Donald Trump. In a tweet, Salter wrote, "the GOP is going to nominate for President a guy who reads the National Enquirer and thinks it's on the level. I'm with her."
  • Ed Rollins, former campaign manager for Ronald Reagan, joined the pro-Donald Trump super PAC Great America PAC. Rollins said, "I’m not ready to roll over and play dead and allow Hillary Clinton to be president." In March 2016, Trump's campaign manager, Corey Lewandowski, told The Wall Street Journal that Trump's campaign had "disavowed this [Great America PAC] and all PACs," further adding that the campaign had sent a cease-and-desist order to Great America PAC.
  • U.S. Navy SEAL Charlie Keating IV was killed by the self-described Islamic State, also known as ISIL/ISIS. Keating, a 31-year-old Naval Academy graduate, “was killed during an ISIL attack on a peshmerga position about 1 to 3 miles behind the forward line of troops,” according to a statement from Pentagon Press Secretary Peter Cook.
    • When asked if U.S. troops were moving closer to combat roles in the fight against the jihadist group, White House Press Secretary John Earnest said, "Today's incident is a vivid reminder of the risks that our service members are taking, and some of them, three of them now, have made the ultimate sacrifice for our country. But the president's been clear time and time again exactly what their mission is. That mission is to support Iraqi forces on the ground who are taking the fight to [ISIS] on the front lines."
    • On Wednesday, U.S. Secretary of Defense Ash Carter said that Keating "was in a firefight and he died in combat, so let me be very very clear about that. … We are participants in this, and I just want to be clear. This young man found himself in combat, and sacrificed for this campaign's success accordingly. … This service member's tragic loss ... and there's nothing I take more seriously as secretary of Defense than sending people in a situation where they have risks like this … the whole country has to be grateful to this young man and his family for this sacrifice."
  • The U.S. Department of Commerce reflected on the economic advancements that the U.S. has achieved as a result of global trade and announced a series of events to celebrate World Trade Month. According to the department, “In 2015, our exports totaled $2.23 trillion, we increased our exports to 58 international markets, and we achieved record exports with 20 global partners.” The department also highlighted the benefits of pursuing the Trans-Pacific Partnership (TPP), a trade deal signed by the U.S. and 11 Asia Pacific countries, and the Transatlantic Trade and Investment Partnership (TTIP), a trade deal being negotiated by the U.S. and the European Union.
  • U.S. Secretary of Homeland Security Jeh Johnson met with Philadelphia Mayor James Kenney in an attempt to convince him to cooperate with federal immigration agents and reverse the city’s "sanctuary city" policy. Kenney "stressed the need for federal immigration reform," but he refused to change the city’s policy. The Department of Homeland Security's Priority Enforcement Program (PEP) “calls for local officials to notify ICE [Immigration and Customs Enforcement] when immigrants in custody are about to be released. Johnson said that the issue is a matter of public safety, and that ICE targets only dangerous and violent people. Critics contend PEP can lead to overly aggressive enforcement against people for minor infractions,” according to The Philadelphia Inquirer.

Wednesday, May 4

  • John Kasich suspended his presidential campaign. He told supporters in Columbus, Ohio, “Throughout this campaign, I said the Lord may have another purpose for me. As I suspend my campaign today, I have renewed faith, deeper faith, that the Lord will show me the way forward and purpose for my life.” When Donald Trump was informed of Kasich’s exit from the presidential race during an interview, he said, “That’s big. I didn’t think that was going to happen.” Kasich had roughly 153 pledged delegates upon leaving the race.
  • Discussing the qualities he would seek in a potential vice presidential pick, Donald Trump said that he would “like to go with somebody with great political experience” and said he would “most likely” select an elected official. He continued, "I would like to have somebody who would truly be good with respect to dealing with the Senate, dealing with Congress, getting legislation passed, working toward something where we're not signing executive orders every three days like President Obama does.”
  • When asked if he was doing harm to his own cause by continuing to compete in the Democratic primary, Bernie Sanders said, “I think we are perpetuating the political revolution by significantly increasing the level of political activity that we're seeing in this country. Millions of people are now coming into the political process as the result of what our campaign is about. I think it is good for the Unites States of America, good for the Democratic Party, to have a vigorous debate, to engage people in the political process.”
  • The last two Republican presidents, George H.W. Bush and George W. Bush, both announced through staffers that they did not intend to endorse any candidate in the presidential race.
  • Iranian Revolutionary Guard Brig. Gen. Hossein Salami warned the U.S. that it will close the Strait of Hormuz, “through which about a third of all oil traded by sea passes,” if the country feels threatened. Salami said, “If the Americans and their regional allies want to pass through the Strait of Hormuz and threaten us, we will not allow any entry.” The warning came two days after Iranian Supreme Leader Ali Khamenei told the United States to remove its military presence from the Persian Gulf.
  • During a visit to Flint, Michigan, to assess the city’s water contamination crisis, President Obama drank a glass of filtered tap water “in a show of solidarity with the city of 100,000 and to demonstrate his faith in the treatment and filtering.” During a speech to Flint residents, President Obama said that the lead contaminated water is a result of a “broader mindset, a bigger attitude — a corrosive attitude — that exists in our politics and exists in too many levels of government. It’s a mindset that believes that less government is the highest good, no matter what. It’s a mindset that says environmental rules, designed to keep your water clean, your air clean, are optional or not that important. … It’s an ideology that undervalues the common good, that says we’re all on our own.”
  • The Centers for Medicare and Medicaid Services (CMS) announced a delay in the roll-out of its star rating system for health plans sold through Healthcare.gov. The rating system was originally planned to be introduced later this year in time for open enrollment, which begins on November 1. CMS says it has now set next year’s open enrollment as the target date for its rating system. States that run their own health insurance exchanges may implement their own rating systems this year, but CMS encourages them to wait. Under CMS’ system, a given plan will be rated based on how well enrollees can access care, how well their care is coordinated between different providers, the quality of care delivered under the plan, and enrollees’ ratings of their doctors and the plan itself.
  • The Obama administration increased by nearly four times the number of bald and golden eagles that wind energy companies are allowed to kill or injure each year to 4,200 eagles. The administration decreased the penalty for killing these birds in an effort to maintain "eagle populations while also spurring development of a pollution-free energy source that’s intended to ease global warming." High-speed wind turbines are around 300 feet tall and have blades that move at around 170 miles per hour, which can injure or kill birds. Under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, a permit is required to harm, kill, or hunt bald and golden eagles. It is unclear how many of these birds are harmed by wind turbines each year. Wind companies can voluntarily report that information to the U.S. Fish and Wildlife Service (FWS), which is responsible for threatened and endangered species, but the FWS does not publicly release that information. Wind energy companies can now pay a fee of $36,000 for a 30-year permit that allows them to accidentally kill or injure these eagles in addition to a $15,000 administrative fee every five years.

Thursday, May 5

  • Donald Trump named Steven Mnuchin, a hedge fund manager and former chief information officer at Goldman Sachs, as his campaign’s national finance chairman. According to Politico, Mnuchin had previously been a supporter of Hillary Clinton: “Mnuchin donated repeatedly to the Democratic frontrunner's past campaigns and has business connections to George Soros, the Democratic megadonor who has given millions to a pro-Hillary super PAC.”
    • For more information about Trump’s key staff, see this page.
  • In a post published to his Facebook page, Sen. Ben Sasse (R-Neb.) penned a letter encouraging an independent candidate to step into the presidential race. A portion of the post read, “I’ve ignored my phone most of today, but the voicemail is overflowing with party bosses and politicos telling me that ‘although Trump is terrible,’ we ‘have to’ support him, ‘because the only choice is Trump or Hillary.’ This open letter aims simply to ask ‘WHY is that the only choice?’”
  • In a letter published on Medium, President Barack Obama announced that he commuted the sentences of 58 nonviolent individuals. He wrote, “As President, I’ve been working to bring about a more effective approach to our criminal justice system, particularly when it comes to drug crimes. Part of that effort has been to reinvigorate our commutations process, and highlight the individuals … who are doing extraordinary things with their second chances. To date, I will have commuted 306 individual sentences, which is more than the previous six presidents combined.”
  • Republican political operatives John Tate, Jesse Benton, and Dmitri Kesari were convicted of violating multiple campaign finance laws stemming from a payment to then-Iowa State Senator Kent Sorenson in 2012. A federal court found the three guilty of “conspiracy, causing false campaign contribution reports to be filed to the Federal Election Commission and participating in a false statement scheme,” according to CBS News. Benton and Tate were also convicted of causing the campaign to file false records of the payments, a charge Kesari was already convicted of last year. The three strategists working for the Ron Paul presidential campaign funneled money to Sorenson in exchange for an endorsement. Sorenson had already endorsed Michele Bachmann but switched to Ron Paul after the payments. Benton is currently the chief strategist for Great America PAC, a pro-Donald Trump super PAC, while Tate is the founder and president of America’s Liberty PAC.
  • The U.S. Food and Drug Administration finalized a rule that allows them to regulate “all tobacco products, including e-cigarettes, cigars, hookah tobacco and pipe tobacco, among others.” The most controversial element of the new rule is the regulation of e-cigarettes. Supporters of the rule say that e-cigarettes are a “gateway to traditional cigarettes, especially for younger people,” while opponents say that e-cigarettes “are effective in helping people quit.” The rule, among other things, bans the sale of e-cigarettes to anyone under the age of 18. The final rule goes into effect on August 8, 2016.

Friday, May 6

  • Two prominent Republican politicians announced that they would not support Donald Trump in 2016, while a former vice president endorsed Trump..
    • Former Republican presidential candidate Jeb Bush announced via a Facebook post that he would not endorse a candidate. “In November, I will not vote for Donald Trump or Hillary Clinton, but I will support principled conservatives at the state and federal levels, just as I have done my entire life,” a portion of the post read.
    • Sen. Lindsey Graham (R-S.C.) took a similar stance. “As for me, I absolutely will not support Hillary Clinton for president. She represents the third term of Barack Obama, and our nation cannot afford to continue those failed policies at home or abroad. I also cannot in good conscience support Donald Trump because I do not believe he is a reliable Republican conservative nor has he displayed the judgment and temperament to serve as Commander in Chief,” read his statement.
    • Former vice president Dick Cheney told CNN that he will support Trump’s presidential bid.
    • See also: Republicans and their declared positions on Donald Trump

 

Congress is IN session SCOTUS is NOT in session
The U.S. Senate will be in session Monday-Friday next week. The U.S. House will be in session Tuesday-Friday. The Supreme Court is in recess until Monday, May 16, when it will sit for a non-argument session.

What’s On Tap Next Week

Saturday, May 7

  • Guam will hold a Democratic caucus on Saturday. Seven pledged delegates are up for grabs (plus five superdelegates). Both candidates have been running radio ads in the territory this week. Barack Obama won the territory in 2008. Republicans held a territorial convention in Guam on March 12. Six delegates were elected. At the time of their election, five delegates were uncommitted while one—Guam Governor Eddie Calvo— pledged his support to Ted Cruz.

Sunday, May 8

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Tuesday, May 10

Thursday, May 12

  • Donald Trump is expected to meet with Speaker of the House Paul Ryan (R-Wis.) and other congressional leaders in Washington, D.C.

 

Where was the president last week? Federal judiciary
President Barack Obama travelled to Flint, Michigan, on May 4 to discuss the Flint water crisis.  
  • 91 total federal judicial vacancies including one Supreme Court vacancy
  • 66 pending nominations
  • 12 future vacancies

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

State and Local

What's on tap?

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Veto. Not even Ballotpedia’s staff of political encyclopedists are able to resist a cute puppy photo. After 187 vetoes during his tenure, Maine Governor Paul LePage (R) brought a Veto into his home. Learn more about LePage’s reason for setting the veto record, and why one woman is upset about this adoption, in our May 5 section below.

Our highlights today include important updates on fracking laws in Colorado and mayoral responses to Donald Trump’s candidacy.

 

Highlights

State

  • On May 2, 2016, the Colorado Supreme Court ruled that state hydraulic fracturing laws preempt local laws, and thus the fracking bans in Longmont and Fort Collins were "invalid and unenforceable." According to Colorado Oil & Gas Association attorney Mark Matthews, because this issue only involved state laws, the case cannot be brought in front of the U.S. Supreme Court, despite earlier pledges by anti-fracking lawyers and activists to do so. Dan Haley, the president and CEO of the Colorado Oil & Gas Association, called the court's ruling "a win" for Colorado residents. Lauren Petrie, the Rocky Mountain region director with Food & Water Watch, which supported the fracking bans, said, "today’s decision deals a devastating blow not just to Longmont residents, but to all Coloradans." An initiative to guarantee local authority over regulating the oil and gas industry, including fracking bans and restrictions, is being circulated in Colorado and could appear on the ballot in November. Another proposed initiative deals with local government authority more generally.

Local

  • Yesterday, May 6, San Diego Mayor Kevin Faulconer (R) stated that he did not endorse Donald Trump (R) and rejected his rhetoric toward both women and Latinos. “That's not who we are as San Diegans. That's the wrong approach,” Faulconer told The San Diego Union-Tribune. Faulconer previously endorsed Sen. Marco Rubio (R-FL), who dropped out of the presidential race in March 2016. Faulconer will face three challengers in a June mayoral election—two Democrats and a write-in candidate. San Diego is the most populous city in the United States to have a Republican mayor. It is the eighth-largest city in the country by population and California’s second-most populous city.
 

State

The Week in Review

Ballot measures update

Monday, May 2

Read Ballotpedia’s comprehensive coverage of state supreme court changes »
  • The Texas Supreme Court halted air quality ordinances in Houston, Texas, ruling that the city’s ordinances requiring facilities to pay registration fees and permitting criminal sanctions against facilities that violate air quality standards were inconsistent with state law. In an 8-1 decision, the court stated that only the state’s environmental department, the Texas Commision on Environmental Quality, has the authority to enforce air quality standards; thus, Houston cannot pass ordinances that are inconsistent with the state’s rules. The case was brought by the Business Coalition for Clean Air Appeal Group, which includes Dow Chemical Company and ExxonMobil as members. Houston is home to numerous chemical plants as well as the largest petrochemical facility in the United States. Houston officials said that the ordinances, which were passed in 2007, were meant to rectify what they saw as the lack of air quality enforcement by the Texas environmental commission. Industry groups said that the ordinances had usurped the state’s regulatory authority.
  • Virginia Republicans announced that they might challenge a recent gubernatorial executive order that restored voting rights to all convicted felons upon completion of their sentences (which include prison, parole, and probation time). Republicans announced that they had hired attorney Charles Cooper "to examine the legal options to remedy this Washington-style overreach by the executive branch." On April 22, 2016, Governor Terry McAuliffe (D) issued the executive order. Prior to that, certain convicted felons in Virginia never regained the right to vote, even upon completion of their sentences. According to estimates, the order will enfranchise more than 200,000 individuals, many of whom are black. Regarding this racial disparity, some applauded the governor's action as a needed remedy against systemic racism and discrimination. Others, however, argued that McAuliffe issued the order in a partisan attempt to boost the prospects of Democratic presidential candidate Hillary Clinton, who has enjoyed broad-based support from the black community. To learn more about voting rights in Virginia, see this article.
  • David Altmaier assumed office as the second Florida commissioner of insurance regulation after months of deadlock between Governor Rick Scott (R) and Cabinet members over who would replace outgoing Commissioner Kevin McCarty. The appointment came last Friday at the final hour before McCarty's scheduled resignation on May 2. Given the prolonged search, McCarty had announced earlier in the year that he would stay on after the appointment of a new commissioner in order to facilitate a smooth transition during Florida's hurricane season. Though no longer commissioner, McCarty will remain with the commission for 60 days past his resignation date. Florida is one of 23 Republican trifectas.

Tuesday, May 3

  • Sheldon Silver (D), the former speaker of the New York State Assembly, was sentenced to 12 years in prison for his $4 million kickback scheme. He was also fined $1.75 million and ordered to forfeit $5.3 million. On November 30, 2015, Silver was found guilty on all seven counts of honest services fraud, extortion, and money laundering. Silver used his position as Assembly speaker to take bribes and kickbacks from two real estate developers and a cancer researcher in exchange for political favors. Alice Cancel (D) was elected in a special election on April 19, 2016, to fill the seat left vacant by Silver.
  • Governor Nathan Deal (R) of Georgia signed the bill to increase the number of Georgia’s state supreme court justices from seven to nine. The two new justices will be Deal’s fourth and fifth appointments to the court, meaning that Deal’s appointments will constitute a majority of the court’s justices. Deal is also expected to replace two sitting justices before the end of his term, as the state constitution stipulates that justices should retire by age 75 in order to receive retirement benefits. This prompted opponents of the bill to protest that it would give Deal inordinate influence over the political leaning of the court. In Georgia’s judicial selection system, justices are appointed only to midterm vacancies and otherwise are elected; appointed justices must stand for the next contested election that occurs at least six months after the appointment. Both Georgia and Arizona are changing the sizes of their state supreme courts this year.
  • Primary election: Indiana
    • State executives: Four offices are up for election in 2016; however, only candidates for governor appeared on the primary ballot. Incumbent Governor Mike Pence (R) and former State Rep. John Gregg (D) were both unopposed in their respective parties' primary contests. Major party candidates for lieutenant governor, attorney general, and superintendent of public instruction will be nominated at the party conventions in June in lieu of appearing on the primary ballot.
    • State legislature: There are 25 state Senate districts and 100 state House districts up for election. Fourteen districts held a Democratic primary and 28 districts saw Republicans facing off. Just 17 incumbents (15.7 percent) went up against a primary opponent. Two of those incumbents, both Republicans, were defeated. Both chambers are held by solid Republican majorities.
    • Notable state races: Ballotpedia had identified five notable state legislative primary contests, four of which featured Republican incumbents. The incumbents, two of whom were state Senate leaders, won their primary contests. Overall, all but one state legislative incumbent in Indiana won their primary races.

Wednesday, May 4

  • The Connecticut General Assembly adjourned its regular session. The legislature was required to adjourn by the Wednesday after the first Monday in May.
    • Since the Connecticut Legislature did not pass a state budget before the end of the session, lawmakers will return to the Capital on May 12 for a special session.
    • The state is facing a $960 million budget deficit for the next fiscal year. Democrats canceled the vote on the state budget after it appeared that there would not be enough time for debate before the midnight adjournment. The special session will cost the state about $11,000 a day. Connecticut is one of seven states with a Democratic trifecta. Democrats control the governor’s office, the House by 23 seats, and the Senate by six seats.
  • Alabama Governor Robert Bentley signed into law legislation decriminalizing the possession of medical marijuana oil, or cannabidiol. The bill stipulates that the oil must have been produced in another state and can contain no more than 3 percent tetrahydrocannabinol (THC), the psychoactive compound found in marijuana. The legislation, entitled Leni's Law, was introduced following a 2014 study by the University of Alabama at Birmingham that found significant seizure reduction in epileptic patients using cannabidiol. Opponents of the law raised concerns about the effect of THC on childhood development and asserted that the research that has been conducted is not conclusive enough for such legislation. Legalization of recreational or medical marijuana has been proposed through citizen initiatives in over a dozen states in 2016. Three marijuana-related measures are certified for the ballot in 2016, including a Florida Right to Medical Marijuana Amendment initiative. Signatures were submitted recently for two separate marijuana legalization initiatives in California. Alabama is one of 23 Republican trifectas.
  • The Colorado State Senate unanimously voted to approve Donna Lynne as the state’s 49th lieutenant governor. Lynne was nominated by Governor John Hickenlooper (D) in March to replace of current Lt. Gov. Joe Garcia (D), who announced in November 2015 that he would resign in order to become president of the Western Interstate Commission on Higher Education. Lynne, an executive at Kaiser Permanente, is expected to be sworn in next week.
  • The Arizona Legislature has passed a state budget of $9.6 billion. The passage followed over a week of debates over K-12 education funding. Changes in the budget include additional funding for K-12 education, $8 million in tax cuts for businesses, and the end of the KidsCare program, a healthcare program for Arizona children. Arizona is one of 23 states with a Republican trifecta, where they control the governorship, the House, and the Senate.

Thursday, May 5

  • The Hawaii State Legislature adjourned its regular session. Every year the legislature meets for 60 legislative days. Hawaii is one of seven states with a Democratic trifecta. Democrats control the governor’s office, the House by 37 seats, and the Senate by 23 seats.
    • At the conclusion of the session, the legislature approved a constitutional amendment to appear on the ballot in November. The amendment would allow excess general fund revenues to be used to pre-pay general obligation bonds issued and backed by the state or pensions accrued by state employees. The bill joins a measure placed by the legislature at the end of the 2015 session that increases the threshold value for jury trials in civil cases.
  • Maine Governor Paul LePage (R), whose tenure has been marked by his record number of vetoes, adopted a dog that he aptly named ‘Veto.’ LePage has had a contentious relationship with the state legislature, vetoing a record 187 bills during his first year in office. "As promised, I am vetoing all bills sponsored by Democrats because they have stifled the voice of Maine citizens by preventing them from voting on the elimination of the income tax," LePage writes on each veto in response to repeated efforts by the legislature to block referendums on the matter. LePage adopted the dog from the Greater Androscoggin Humane Society, which provoked the ire of another Maine citizen, who stated she had planned to adopt the dog when it was scheduled to be made available for adoption the following day. The shelter confirmed that they bent the rules in order to accommodate LePage: "The governor walks in your front door and it sort of shifts things a little," said the director of the shelter.

Friday, May 6

 

What’s On Tap Next Week

Saturday, May 7

Sunday, May 8

Tuesday, May 10

  • Primary election: West Virginia
    • One seat on the West Virginia Supreme Court of Appeals is up for general election. For the first time, due to a law passed in 2015, West Virginia’s state supreme court elections will be nonpartisan. The court currently has a 5-3 Democratic majority. Incumbent Justice Brent Benjamin, originally elected as a Republican, is running to keep his seat. He is being challenged by Republican Beth Walker, Democrat Wayne King, former Justice and former state Attorney General Darrell McGraw (D), and Democrat William Wooton. This is the general election for this high court seat. There will be no primary and no runoff. The winner could be elected with 21 percent of the vote.
    • There are 18 state Senate seats and 100 state House seats up for election. Both chambers flipped to Republican control in the 2014 election, and a Ballotpedia analysis identifies the Senate as one of 20 partisan battlegrounds in 2016. Forty-one incumbents, 19 Democrats and 22 Republicans, are facing primary competition. West Virginia is one of 20 states that are under divided government.
    • State executives: Six seats are up for election in 2016, including an open race for governor. State Senate President Bill Cole (R) is unopposed in the Republican primary contest, and three candidates will compete for the Democratic nomination to challenge him in the November general election. Incumbents are seeking re-election in all other races except for state auditor as incumbent Auditor Glen Gainer (D) announced his resignation effective May 14. There is speculation that Governor Earl Ray Tomblin (D), who is term limited and not seeking re-election, would appoint the winner of the Democratic primary contest as interim treasurer, which would give the Democratic nominee an incumbency advantage and effectively block Republican efforts to win control of the auditor seat. Three candidates are vying for the Democratic nomination while State Rep. John B. McCuskey is unopposed in the Republican primary contest.
    • Notable state races: Ballotpedia has identified six notable state legislative primary races. The notable primary contests, three Republican and three Democratic, feature open seats vacated by incumbents. The Democratic primary contest in state House District 32 has 11 Democrats competing for the nomination. The Republican primary contest in state House District 35 has seven Republicans competing for the nomination.
  • Primary election: Nebraska
    • State legislature: Twenty-five of the 49 seats in the state Senate are up for election in 2016. All 11 incumbents not running for re-election in 2016 were barred by term limits. Just under three-fourths of incumbents, 10 of 14 incumbents, will advance past the primary without opposition.
    • Notable state races: Ballotpedia has identified four notable state legislative primary races. Three primary contests feature candidates vying for open seats left by incumbents; one contest features a Republican incumbent appointed in 2015 running for a full term in a mostly Democratic district. Healthcare, property taxes, and education emerged as major policy issues in the primary.

Wednesday, May 11

Thursday, May 12

  • Dean Skelos (R), the former majority leader of the New York State Senate, is scheduled to be sentenced on federal corruption charges. He was found guilty on December 11, 2015, of eight counts of extortion, bribery, and conspiracy. Skelos was convicted of using his position in the Senate to benefit three companies—a real estate developer, an environmental technology company, and a medical malpractice insurer—in exchange for the companies’ agreement to give his son a no-show job. Prosecutors said that the three businesses provided Adam Skelos with about $300,000 and other benefits. Todd Kaminsky (D) was elected in a special election on April 19, 2016, to fill the seat left vacant by Skelos. The Senate’s partisan balance currently stands at 32 Democrats and 31 Republicans. The state Senate has been included in Ballotpedia’s 20 battleground chambers to watch in 2016.

Friday, May 13

  • The Missouri General Assembly is projected to adjourn its regular session. The legislature is required to adjourn regular sessions by May 30. Missouri is one of 20 states that are under divided government. Republicans control the Senate by 16 seats (not including two vacancies) and the House by 71 seats (not including one vacancy). Democrats have controlled the governor’s office since 2009.

 

State government in session

Nineteen states are in regular session; California is in special session.

AK, AR, CA, CO, DE, IL, LA, MA, MI, MN, MO, NC, NJ, NY, OH, OK, RI, SC, VT.

Two states are in recess:

  • PA until 05/09/2016
  • NH until 5/11/2016

Adjourned regular sessions:

  • AL, AZ, CT, FL, GA, HI, IA, ID, IN, KS, KY, MD, ME, MS, NE, NM, OR, SD, TN, UT, VA, WA, WI, WV, WY.

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

State government special elections

As of this week, 33 seats have been filled through legislative special elections in 2016. Seven involved party changes: four from Republican to Democratic (Oklahoma, SD 34; Massachusetts, HD Twelfth Essex; Kentucky, HD 62; and New Hampshire, HD Rockingham 21), and three from Democratic to Republican (Texas, HD 118; Minnesota, HD 50B; and New York, SD 9). Another 12 (not including runoff elections) have been scheduled in 19 states. An average of 37 seats were filled through special elections in each of the past three even years (2010: 26, 2012: 45, and 2014: 40).

Next week:

Local

The Week in Review

Tuesday, May 3

  • Philadelphia Mayor James Kenney (D) refused a request from U.S. Secretary of Homeland Security Jeh Johnson (D) to remove the city’s status as a “sanctuary city” for immigrants. Kenney made Philadelphia into a sanctuary city on January 4, 2016, when he ordered its law enforcement department not to work with federal immigration officials on the Priority Enforcement Program (PEP). Former Mayor Michael Nutter (D) had issued an executive order in December 2015 to ensure that the city participated in PEP, but that order was eliminated by Kenney shortly after he took office. PEP requires cities holding immigrants living in the country illegally who are in custody for unrelated infractions to notify Immigration and Customs Enforcement (ICE) before their release. Philadelphia is the largest city in Pennsylvania and the fifth-largest city in the United States by population.
  • The mayor’s office and three of the eight seats on the Chesapeake City Council were up for general election. Mayor Alan Krasnoff (R) ran unopposed and won re-election. He was first elected to the position in 2008. All three city council incumbents also ran for re-election against three challengers who vied for the at-large seats. Two of those challengers had previous experience serving on the council, however, so only one of the six candidates had never served on the council before. All three incumbents won their re-election bids. Chesapeake is the third-largest city in Virginia and the 92nd-largest city in the United States by population.
  • In 2016, Ballotpedia is covering 43 municipal elections across America's 100 largest cities by population.
  • The mayor’s office and two of the eight seats on the Norfolk City Council were up for general election. Major issues in this race included funding for public education and the city police, in addition to government accountability. Although the school board was elected by voters rather than appointed by the city council starting this year, the city still retains final control over the school board’s budget. The mayor of Norfolk serves two-year terms, while city council members serve four-year terms. Norfolk is the second-largest city in Virginia and the 79th-largest city in the United States by population.
    • Mayor Paul Fraim (D), who served in the office for 22 years, did not seek re-election. The open seat attracted three candidates who all had previous elected experience—State Sen. Kenny Alexander (D-5), Norfolk Sheriff Robert McCabe, and City Councilman Andrew Protogyrou. Alexander, who was endorsed by Mayor Fraim, defeated McCabe and Protogyrou to win the seat. Protogyrou was also forced to resign from his seat on the council two years before the end of his term in order to seek the seat.
  • The second-largest school district by enrollment in New York, Buffalo Public Schools, held a general election. Six of the board’s nine seats were up for election. Two members of the board’s governing majority lost their re-election bids, which resulted in the minority faction taking power with a 6-3 majority. Five of the six candidates who won were endorsed by the Buffalo Teachers Federation. The only winner who did not receive the endorsement, former Republican gubernatorial candidate Carl P. Paladino, was the leader of the ousted board majority faction. He held his seat by a margin of 107 votes. Although most school districts in the state will hold elections on May 17, 2016, five districts collectively known as the “Big 5” do not follow the same election rules. In 2016, Ballotpedia is covering 642 school board elections across America's 1,000 largest school districts by student enrollment.
  • Billings Public Schools, Montana’s only school district in the nation’s top 1,000 by enrollment, held a general election. Three of the nine seats on the Billings school board were up for election for three-year terms. All three seats featured races with only one candidate, but only two of the three were incumbents who sought re-election. The district served 11,244 students during the 2013-2014 school year.
  • Four of the largest school districts by enrollment in Virginia held general elections. Three of those districts are among the top 10 by student enrollment—Chesapeake, Norfolk, and Newport News. Hampton City, the state’s 14th-largest school district, was the other to hold an election. The Norfolk Public Schools election was a historic one; it was the first time voters elected a school board in decades. The board had been appointed by the city council for the previous 60 years.
  • Indiana held primary elections for 15 superior and circuit court judgeships across the state. Incumbents faced a challenger in three of those primaries, while the other 12 elections were held for open seats. In total, 52 seats were up for election in 2016—46 partisan contested races and six nonpartisan retention races. The general election will take place on November 8, 2016. In 2016, Ballotpedia is covering local judicial elections in 39 states across the United States.
  • Voters in five California cities decided on local ballot measures. The cities of Marin, San Mateo, Santa Clara, Santa Cruz, and Tulare all had at least one measure on the ballot. Voters in San Mateo had the most to vote on, as their ballot featured three measures. Prior to this election, there had been six approved and seven defeated local ballot measures across the state this year. In 2016, Ballotpedia is covering all local ballot measures in California and notable measures across the United States.
  • Voters in Glacier County, Montana, decided to recall Treasurer Mary Ann Boggs with more than 84 percent of the vote. Boggs was targeted for recall due to allegations that she failed to prepare important reports and documents in a timely manner. Recall advocates also claimed she violated the Freedom of Information Act. Boggs was elected to her position in November 2014. In 2015, Ballotpedia covered 180 recall efforts organized against 275 officials. Of the 61 officials whose recalls made it to the ballot, 40 were ousted and 21 were retained.
  • Covert Public Schools Board of Education member Diana Parrigin lost her recall election to challenger Valerie Bury. The recall effort began in response to Parrigin pleading no contest to a charge of marijuana possession following a March 2015 arrest. She refused to resign from either her position as president of the board or the body altogether. Bury, a former board member and leader of the recall effort, ousted Parrigin and received nearly 80 percent of the vote.

Friday, May 6

  • FILING DEADLINE: Deadline passed to run for five city council seats in Austin, Texas. The general election for these seats will be on November 8, 2016. Although all 10 seats were up for election in 2014 due to a redistricting referendum, five seats are up this year in order to create staggered elections going forward. The five council members elected this year will serve four-year terms.
  • FILING DEADLINE: Deadline passed to run for 10 school board seats across five of Mississippi's largest school districts. The general election for these districts will be on November 8, 2016.

 

What’s On Tap Next Week

Saturday, May 7

  • Four of the nine seats on the Arlington City Council will be up for general election. In District 1, incumbent Charlie Parker is facing a tea party-aligned challenger, Kelly Canon. A pair of newcomers are competing in District 7, which is the only open seat since Councilman Jimmy Bennett did not file for re-election. The incumbents in District 2 and District 6 are both running unopposed to retain their seats. Arlington is the seventh-largest city in Texas and the 50th-largest city in the United States by population.
  • The mayor’s office and four of the seven seats on the Lubbock City Council will be up for general election. Since Mayor Glen Robertson (R) filed to run for a U.S. House seat instead of running for re-election, the mayoral seat is open to a newcomer. Winners in three of the city council elections will receive full four-year terms, but the District 1 race is a special election for a two-year term. Only two of the four city council races feature an incumbent running for re-election. Lubbock is the 11th-largest city in Texas and the 84th-largest city in the United States by population.
  • In Texas, a total of 145 school board seats across 54 of the state’s largest school districts will be up for general election. This includes the second-largest school district in the state, the Dallas Independent School District, which served 159,713 students during the 2013-2014 school year. In Dallas, four of the board’s nine seats are up for election. Only one incumbent, Lew Blackburn in District 5, is running for re-election. As of April 18, 2016, candidates had raised $287,843 and spent $153,219 in the Dallas race.
  • In Texas, recall elections will be held in Crystal City, Denton, Electra, and Keller:
    • Crystal City: Mayor Ricardo Lopez, Mayor Pro-Tem Rogelio Mata, and Councilman Marco Rodriguez are all facing recall due to their recent arrests. Lopez and Mata were arrested on federal bribery charges on February 4, 2016, while Rodriguez was arrested in January 2016 for illegally transporting migrants into the country. Recall petitions also alleged that the city government lacked public confidence and that Lopez and Mata were involved with a scheme to bribe City Manager James Jonas in order to gain his support for an illegal gambling operation run by Ngoc Tri Nguyen. The federal indictment included charges that Lopez and Jonas helped Nguyen by waiving tax payments and denying a license for a legal gambling operation. Crystal City Councilman Joel Barajas is the only member of the council not to be facing charges.
    • Denton: City Councilman Joey Hawkins faces a recall due to his support for a repeal of the city’s fracking ban. In November 2014, Denton voters approved an initiative banning all hydraulic fracturing in the city limits of Denton while still allowing other oil drilling methods under existing city regulations. Hawkins voted in June 2015 in favor of repealing the ban. The recall petition also claimed that he voted to relax local drilling ordinances and lacks both transparency and availability to his constituents. Hawkins denied the allegations and claimed that the recall originated as “part of a larger strategy.” Recall organizers originally targeted City Councilman Kevin Roden as well, but they were unable to gather enough signatures to put him on the recall ballot.
    • Electra: Mayor Pam Ward and City Commissioners Kevin Byrd and Ricky Kelley are all facing recall due to their support for the firing of the city’s police chief, Michael Hopkins. The recall petitions accused the three city officials of incompetence and of abusing their powers.
    • Keller: Mayor Mark Mathews faces a recall due to conflict-of-interest allegations. The recall petition cited Mathews' support for issuing a city contract to his wife's architecture firm. The group suggested that Mathews should have recused himself from the vote and disclosed his wife's involvement with Sage Group. A local newspaper, The Star-Telegram, criticized the recall effort and stated, “Mathews is not accused of violating any law.” The newspaper editorial stated that the recall organizers included some of Mathews’ supporters from the mayoral election in 2014. In his response to the recall effort, Mathews claimed that the allegations against him were erroneous because state officials had not recognized the situation as a conflict of interest. He also published a video rebuttal to the recall on YouTube.

Tuesday, May 10

  • West Virginia will hold general elections for 277 county judgeships across the state. Incumbents are seeking re-election for 79.7 percent of the seats, and 55.5 percent of all seats will be won by unopposed candidates. This election is the first nonpartisan election for the state's judicial seats since it received statehood status in 1863. West Virginia circuit court judges are elected to eight-year terms, family court judges are elected to six-year terms for their initial term and then eight-year terms after that, and magistrate court judges are elected to four-year terms.
  • Some of the largest school districts in Delaware, Nebraska, and West Virginia are holding elections for school board positions:
    • Delaware: All six of the state’s largest school districts are scheduled to hold general elections for a total of nine school board seats, but only one district will actually hold an election. Elections for eight of the seats were canceled after only one candidate filed to run for each seat. In seven of the eight cases, incumbents ran unopposed to retain their seats. The only contested election is in District F of the Christina School District, which features incumbent Elizabeth Paige facing challenger Desiree Brady.
    • Nebraska: Five districts will hold primary elections for a total of 18 seats. This includes the state’s largest school district, Omaha Public Schools, which served 51,069 students during the 2013-2014 school year and has five of its nine board seats up for election. The general election for Nebraska school districts will be on November 8, 2016.
    • West Virginia: All nine of the state’s largest school districts are scheduled to hold general elections for a total of 18 school board seats. The state’s largest school district, Kanawha County Schools, has two of five seats up for election and served 28,378 students during the 2013-2014 school year. In the district’s at-large election, incumbent Jim Crawford Sr. is facing three challengers for the two seats. Although Mercer County Schools will hold its regular general election for two of five board seats on this date, the district will also hold a special election for one seat on November 8, 2016.

 

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