The Tap: Trump picks Pence
July 16, 2016Issue No. 25

The week in review: July 9 - July 15
What's on Tap next week: July 16 - July 22
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Federal
What's on tap?
After weeks of speculation, Donald Trump announced on July 15 that Indiana Gov. Mike Pence (R) would serve as his running mate. Republicans appeared to rally behind the choice. U.S. Sen. Marco Rubio (R-Fla.) described Pence as “rock solid,” and Republican National Committee Chair Reince Priebus said he was “a strong addition to the ticket.” The Clinton campaign condemned the selection, calling Pence "the most extreme pick in a generation.”
Federal
The Week in Review
Saturday, July 9
- Hillary Clinton announced several changes to her healthcare platform, including offering a public-option insurance plan and allowing Americans to enroll in Medicare when they turn 55. Clinton said in a statement, "Already, the Affordable Care Act has expanded coverage to 20 million Americans. As president, I will make sure Republicans never succeed in their attempts to strip away their care and that the remaining uninsured should be able to get the affordable coverage they need to stay healthy.”
Sunday, July 10
- Attending his final NATO Summit in Poland, President Barack Obama addressed the violence from the preceding week before cutting short his European trip by one day.
Monday, July 11
- Robert Payne, a federal judge in the District Court for the Eastern District of Virginia, issued a permanent injunction invalidating a Virginia state law binding party delegates to vote for a presidential candidate at their national nominating convention based on the outcome of the state’s primary. “The ruling applies only to Virginia’s delegates to both party conventions, but it may give an impetus to Republicans in other states who are pushing for a ‘conscience clause’ that would unbind all delegates,” The Wall Street Journal noted.
- See also: Correll v. Herring
- Kansas Secretary of State Kris Kobach (R) and delegate Amy Carnevale successfully petitioned the Republican Platform Committee to include stronger language in the party’s platform regarding building a wall along the U.S.-Mexico border, which mirrors Donald Trump’s policy. Categorizing border security as being of the “highest priority,” the new language reads, “That is why we support building a wall along our southern border and protect if all [sic] ports of entry. The border wall must cover the entirety of the southern border and must be sufficient to stop both vehicular and pedestrian traffic."
- After meeting with Iraqi leaders, U.S. Secretary of Defense Ash Carter announced that the U.S. will deploy an additional 560 troops to support Iraqi Security Forces in their fight against the self-described Islamic State, also known as ISIS or ISIL. According to a release from the Department of Defense, “The additional troops will provide a range of support for Iraqi Security Forces, including infrastructure and logistical capabilities at the airfield near Qayyarah. As the campaign shifts toward Mosul, more than 250 miles from the Iraqi capital, the airfield will become a vital springboard for the ISF offensive into Mosul. Coalition forces will also continue to provide enabler support to Kurdish Peshmerga as they converge on Mosul from Iraq's north.”
- In response to the sanctions placed on North Korean leader Kim Jong Un for human rights and censorship abuses by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) last week, North Korea announced that “it will terminate contact through a U.N. channel in New York that allowed diplomats to communicate.” In addition, “South Korean media have suggested that North Korea might use the wartime law to hand out harsher punishments on Americans detained in the North,” according to reports.
- Brian Martinotti received his commission as a federal district judge on the United States District Court for the District of New Jersey. Judge Martinotti filled one of three vacancies on the court.
- For more: see Ballotpedia’s Federal Vacancy Warning System
- Writing in the Journal of the American Medical Association, President Obama lauded the progress that the Affordable Care Act, commonly known as Obamacare, has made in the areas of healthcare access, affordability, and quality and outlined the next steps to build on this progress. He called for continued implementation of Health Insurance Marketplaces and delivery system reform, for an increase in the financial assistance provided under the law, for taking action to reduce prescription drug costs, and for the introduction of a public plan option in areas of the country that lack individual market competition.
- According to reports, some Democrats are reluctant to push for the public option that the president and Hillary Clinton have embraced. On Thursday, Sen. Heidi Heitkamp (D-N.D.) said, “I think it's critically important that we stop trying to complicate healthcare and we start taking a look at what needs to be fixed in ObamaCare.” She continued, “Until we actually have those conversations and we have bipartisan support, I think it's unrealistic to assume that we're going to see any kind of expansion of care.”
- The Communications Workers of America, a labor union that previously backed Bernie Sanders, endorsed Hillary Clinton. It cited her opposition to the Trans-Pacific Partnership and her support of the Verizon worker strike as a foundation for its endorsement. The Congressional Progressive Caucus PAC and U.S. Rep. Barbara Lee (D-Calif.) also endorsed Clinton.
- House Oversight Committee Chairman Jason Chaffetz (R-Utah) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.) wrote a letter formally requesting that the Justice Department investigate whether Hillary Clinton "committed perjury and made false statements during her testimony under oath before congressional committees." They continued, "The evidence collected by the FBI during its investigation of Secretary Clinton's use of a personal email system appears to directly contradict several aspects of her sworn testimony.” U.S. Rep. Elijah Cummings (D-Md.) condemned the request, saying in a statement, “Republicans are now squandering even more taxpayer dollars in a desperate attempt to keep this issue alive and bring down Secretary Clinton's poll numbers ahead of the election."
- The Associated Press reported that in its state-by-state review of the Republican Party’s presidential operation, it found that the number of staff lagged behind estimates made in March. “Some examples of Republican shortfalls: Ohio Republicans thought they were going to see 220 paid staffers by May; in reality there are about 50. Plans for Pennsylvania called for 190 paid staffers; there are about 60. Iowa's planned ground force of 66 by May actually numbers between 25 and 30. In Colorado, recent staff departures have left about two dozen employees, far short of the 80 that were to have been in place,” The Associated Press noted.
- Donald Trump described himself as “the law-and-order candidate” during a campaign rally in Virginia. In addition to expressing solidarity with law enforcement and discussing veterans affairs, Trump said, “We need to clean up the corruption in government, and Hillary Clinton will never be able to do it. She’s incompetent and has proven time and time again that she doesn’t have what it takes. Doesn’t have it. Crooked Hillary Clinton, sadly, is the secretary of the status quo, and wherever Hillary Clinton goes, corruption and scandal follow. Just look at her life.”
- Donald Trump’s campaign made two communications hires. Bryan Lanza joined as the deputy communications director for surrogates. Lanza left his position as communications director for the nonprofit Citizens United to join the Trump campaign. Steven Cheung, who most recently worked as the director of communications and public affairs for the Ultimate Fighting Championship, was hired as the campaign’s rapid response director. According to the campaign, Cheung is responsible for keeping “the campaign up to date on breaking news and pushing back on false or unbalanced reporting.”
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FROM CLEVELAND: We have a small team in Cleveland this week covering the Republican National Convention. If you have not yet signed up to receive our convention email updates, you can register here.
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Tuesday, July 12
- Bernie Sanders endorsed Hillary Clinton during a campaign rally in Portsmouth, New Hampshire. He said, “Secretary Clinton has won the Democratic nominating process, and I congratulate her for that. She will be the Democratic nominee for president and I intend to do everything I can to make certain she will be the next president of the United States.” In a speech covering a wide range of policy issues, Sanders also contrasted Clinton with Donald Trump. “This campaign is about the needs of the American people and addressing the very serious crises that we face. And there is no doubt in my mind that, as we head into November, Hillary Clinton is far and away the best candidate to do that,” he said.
- Stephen Miller, a senior policy adviser to Donald Trump, commented on the endorsement, saying that Sanders was “now officially part of a rigged system.” Trump also took to Twitter to appeal to Sanders supporters, writing, “Bernie Sanders endorsing Crooked Hillary Clinton is like Occupy Wall Street endorsing Goldman Sachs.”
- The Republican Platform Committee approved a platform draft calling for the construction of a border wall that would span “the entirety of the Southern Border and must be sufficient to stop both vehicular and pedestrian traffic,” featuring the text of the Hyde Amendment, supporting religious freedom laws and “traditional marriage,” and rejecting requiring women to register for the draft. According to Jim Barnes, a senior writer for Ballotpedia, “One striking element of the 2016 Republican platform debate was the lack of intervention by the Trump campaign. While some Trump staffers monitored the deliberations, they didn’t try to dictate outcomes.”
- FILING DEADLINE: Delaware congressional filing deadline
- There is no U.S. Senate race in Delaware in 2016.
- Delaware has a single At-Large Congressional District. The seat is currently held by Democrat John Carney Jr. Carney is not seeking re-election to his House seat in 2016 but is instead seeking election to Delaware’s governorship. Delaware’s House race is rated safely Democratic in November.
- Attorney General Loretta Lynch testified before the House Judiciary Committee on Tuesday. Saying it would be improper for her to comment on the email probe, she declined to address questions about the investigation of Hillary Clinton’s use of a private email server as secretary of state or the FBI’s findings. “It would not be appropriate in my role to discuss the specific facts and the law,” the attorney general said. “We typically actually do not provide the level of detail that [FBI Director James Comey] did.” GOP lawmakers criticized Lynch for deferring to Comey about criminal charges instead of making an independent decision. Lynch explained that she made the decision to agree with her team’s unanimous decision not to pursue charges. This was Lynch’s first appearance on Capitol Hill since she announced that Hillary Clinton will not be prosecuted for sending classified information using a private email server.
- See also: Hillary Clinton email investigation
- Hillary Clinton’s presidential campaign hired Channing Grate, the communications director for Missouri Gov. Jay Nixon (D), as her deputy chief of staff for the general election. Grate has worked with Nixon since 2012, when she was the director of communications and research for his re-election campaign. She became the governor’s communications director in 2013.
- For other staff transitions from Clinton and all other 2016 presidential campaigns, see: Presidential campaign staff transfers, resignations and terminations
- President Obama and former President George W. Bush gave remarks at a police memorial service in Dallas, Texas, on Tuesday to honor five police officers killed last week.
- After eight months of negotiations, European officials approved a data transfer deal between the U.S. and the European Union on Tuesday. U.S. Commerce Secretary Penny Pritzker joined European Union Commissioner Věra Jourová to announce the EU-U.S. Privacy Shield Framework. According to Pritzker, the Privacy Shield will benefit businesses by facilitating more trade and collaboration across the Atlantic, while consumers will benefit from strong privacy protections and use of the latest technology. The U.S. Department of Commerce and the European Commission designed the Privacy Shield “to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce.”
- On Tuesday morning, a tribunal at the Permanent Court of Arbitration in The Hague ruled that China’s claims to the South China Sea have no legal or historic basis. The tribunal noted that, despite evidence that China had historically made use of the islands in the South China Sea, there was no evidence that China had historically exercised exclusive control over the waters. The Philippines, a U.S. ally, instituted the arbitration to resolve these claims of maritime entitlement and to address the lawfulness of alleged actions by China in violation of the United Nations Convention on the Law of the Sea. China declined to participate in the arbitration. While the tribunal did not determine questions of sovereignty over land and did not delineate boundaries for the parties, it did find that certain areas of the South China Sea are within the exclusive economic zone of the Philippines and that China had violated the Philippines’ sovereign rights by interfering with Philippine maritime activities and by constructing artificial islands within the zone.
- State Department spokesman John Kirby expressed hope that both parties “will comply with their obligations.” He also said, "In the aftermath of this important decision, we urge all claimants to avoid provocative statements or actions. This decision can and should serve as a new opportunity to renew efforts to address maritime disputes peacefully."
- China has reportedly refused to accept the decision and dismisses the tribunal’s authority.
Wednesday, July 13
- Donald Trump accused former senior consultant Sam Nunberg of leaking confidential information to the press. Trump is seeking $10 million, claiming that Nunberg violated the terms of a confidentiality agreement. According to The Hill, Trump accused Nunberg of being the source in an article detailing an argument on the street between spokesperson Hope Hicks and then-campaign manager Corey Lewandowski. Nunberg worked for Trump from 2014—though he was briefly fired for setting up an unflattering profile on Buzzfeed—until August 2015, when he was fired for racially charged social media posts dating back to 2007.
- House Speaker Paul Ryan (R-Wis.) wrote an op-ed in The Washington Post arguing that Hillary Clinton should be denied access to national security briefings because she “recklessly mishandled classified information” as secretary of state. “There is no legal requirement to provide candidates with intelligence briefings, so it seems reasonable for her to lose this privilege,” Ryan said.
- See also: Hillary Clinton email investigation
- Trump’s campaign infrastructure is not functioning in most states, according to a study by The Huffington Post. “[We] attempted to call the contact phone numbers for the Trump campaign in all 50 states. A few of the state operations had no websites or no numbers listed. Many of the other numbers didn’t work. When we left voicemails, we didn’t get callbacks. On only six occasions did someone actually answer the phone. And in several of those instances, the person who picked up explained that a physical office would be opened up only after the convention,” they reported.
- The U.S. Court of Appeals for the Second Circuit denied a petition made by the National Football League Players Association and New England Patriots quarterback Tom Brady. The petition requested either a panel or en banc rehearing of a divided three-judge panel ruling affirming that NFL Commissioner Roger Goddell acted within the authority granted him under the Collective Bargaining Agreement to suspend Brady for the first four games of the 2016 season for Brady’s role in the “Deflategate” controversy. Brady and the NFLPA are expected to appeal to the U.S. Supreme Court.
- Former Minnesota Gov. Jesse Ventura (I) wrote an op-ed for CNBC to endorse Gary Johnson. “I know Gary Johnson personally — we were governors at the same time. He was always an honest, straightforward kind of guy who put the needs of the people first. That's the kind of person I want for our next president,” he said.
- The Senate Judiciary Committee held nomination hearings on two judicial nominees: Lucy Koh, a nominee to the U.S. Court of Appeals for the Ninth Circuit, and Florence Pan, a nominee to the U.S. District Court for the District of Columbia. During the same hearing, the committee considered the nomination of Judge Danny Reeves of the Eastern District of Kentucky to a seat on the U.S. Sentencing Commission.
- In an interview with The Record, former New Jersey Gov. Tom Kean (R) said that he planned to skip the Republican National Convention for the first time in 52 years because of policy differences with Donald Trump on immigration and economics. He said that Trump needs to “listen to people and stop tweeting at 11 o’clock at night.” Clinton, he said, has a “good heart,” but is “so contrived that it comes across as phony.”
Thursday, July 14
- The Rules Committee of the 2016 Republican National Convention met on Thursday for a marathon session that ran from 8:00 a.m. in the morning until 11:31 p.m., with only a brief recess in the late morning/early afternoon. Several amendments and rules were approved, some of which generated a substantial amount of controversy. The rules package that the committee approved on the evening of July 14 still needs to be approved by the convention as a whole on Monday, July 18, before it becomes the official Rules of the Republican Party. Below are some of the key rules changes that were approved and rejected.
- The committee rejected a proposed “conscience clause” that would have allowed delegates to vote for the candidate of their choice. “Anti-Trump people get crushed at Rules Committee. It was never in doubt: Convention will honor will of people & nominate @realDonaldTrump,” Trump campaign chair Paul Manafort tweeted. Kendal Unruh, the Colorado delegate who led the effort to establish a conscience clause, said after the meeting, “Go buy brass knuckles for the floor fight.”
- Amendments were added to rules 37 and 38—both offered by Jordan Ross of Nevada—stating, "Nothing in this rule shall be construed to prohibit the binding of delegates pursuant to Rule No. 16(a)." Some delegates, such as Rules Committee member Curly Haugland of North Dakota, had previously argued that these rules could be used to allow delegates to vote their conscience. The additional language to both rules, however, effectively prohibits such interpretations.
- A proposal from Steve King of Wisconsin to change the controversial Rule 40 passed by a voice vote. In 2008, the Rules Committee amended Rule 40 to require candidates for the Republican nomination to demonstrate the support of a plurality of delegates from at least five individual states in order to be considered for the Republication nomination and to receive a nomination speech. At the 2012 convention, however, the Rules Committee changed “plurality” to “majority” and raised the state threshold from five to eight, thereby disbarring candidates like Ron Paul of Texas from receiving a formal nomination speech at the convention. Throughout the 2016 nominating season, many observers speculated that Rule 40 could prevent candidates like Ted Cruz and John Kasich or a “dark horse” candidate from being nominated at the convention. At the July 14 meeting in Cleveland, the committee voted to return the state threshold back to five states for the 2020 nominating season and changed "majority" back to "plurality." The language approved in 2012, therefore, stands for the 2016 convention.
- Morton Blackwell introduced an amendment at the committee meeting in Cleveland to "strike Rule 12 in its entirety" from the Rules of the Republican Party, calling it the "worst rules change ever inserted into our party rules." Rule 12 was written at the 2012 convention and allowed the Republican National Committee—for only the second time in its history—to amend the party’s official rules in between conventions. Blackwell’s amendment failed 23-86, a loss that he later called “truly an outrage.”
- For a thorough account of the committee’s July 14 meeting and discussion of other rejected and approved amendments, read Ballotpedia Senior Writer Jim Barnes’ article “The GOP Establishment and Trump embrace.”
- In a statement released through the court, Justice Ruth Bader Ginsburg issued an apology for comments made regarding presumptive Republican presidential nominee Donald Trump. The statement read, “On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them. ... Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect.”
- For more: see Justice Ginsburg’s comments on Donald Trump
- Donald Trump announced that he was postponing his vice presidential announcement scheduled for Friday morning, citing the apparent terror attack in Nice, France. Earlier in the day, CNN reported that Indiana Gov. Mike Pence (R) had been asked to serve on Trump’s ticket and had accepted the offer. Trump, however, said that he had not yet made his “final, final decision.”
- Both Donald Trump and Hillary Clinton responded to the Nice attack, drawing a contrast between their counterterrorism approaches.
- Trump said that he would seek a declaration of war from Congress against ISIS. He also connected the war on terror to the admission of Syrian refugees to the U.S. “You know, in the old days, we would have uniforms, you knew what you were fighting. We are allowing people into our country who we have no idea where they are, where they're from, who they are, they have no paperwork, they have no documentation, in many cases,” he said.
- Clinton said efforts against ISIS should be focused on intelligence rather than military force. “They would love to draw the United States into a ground war in Syria. I would be very focused on the intelligence surge. I would be very focused on working with our partners and allies and intensify our efforts against the ideologues that pedal radical jihadism online,” she said.
- U.S. Sen. Angus King (I-Maine) said that he planned to vote for Hillary Clinton over Donald Trump. He said his decision came after boarding the National Airborne Operations Center and experiencing the brief amount of time a president has to make a decision in the event of a nuclear attack. “When I got off that plane, you know, my knees were a little weak with that realization, how much power is in this one person. And then I thought about Donald Trump. And it’s a question of judgment and temperament, and this guy has not demonstrated to me the kind of coolness that you need in that situation,” King said.
- The Senate Judiciary Committee reported three judicial nominees to the full Senate for confirmation. The nominees are Jennifer Klemetsrud Puhl (8th Circuit), Donald Coggins (District of South Carolina), and David Nye (District of Idaho).
- Nearly 150 leaders from the technology sector, including co-founders of and executives from Slack, Flickr, Trulia, Reddit, and Twitter, signed on to an open letter charging that “Trump would be a disaster for innovation.” They continued, “Donald Trump articulates few policies beyond erratic and contradictory pronouncements. His reckless disregard for our legal and political institutions threatens to upend what attracts companies to start and scale in America. He risks distorting markets, reducing exports, and slowing job creation. We stand against Donald Trump’s divisive candidacy and want a candidate who embraces the ideals that built America’s technology industry: freedom of expression, openness to newcomers, equality of opportunity, public investments in research and infrastructure, and respect for the rule of law.”
Friday, July 15
- During a hearing on Capitol Hill on Thursday, House Homeland Security Committee Chairman Mike McCaul (R-Texas) questioned Homeland Security Secretary Jeh Johnson about security and the possibility of violence during the Republican and Democratic national conventions. Johnson said, “I think we have to be concerned about things getting out of hand, very definitely.” Johnson visited Cleveland, the location of the 2016 Republican National Convention, on Friday, to personally inspect security measures.
- Secretary of State John Kerry met with Russian Foreign Minister Sergey Lavrov on Friday morning in Moscow to discuss efforts to change the course of combat in Syria. This meeting followed an “extremely frank and very serious” discussion between Kerry and Russian President Vladimir Putin on Thursday evening.
Bills & Amendments
Monday, July 11
- The House passed HR 5602—To amend title 31, United States Code, to authorize the Secretary of the Treasury to include all funds when issuing certain geographic targeting orders, and for other purposes—by a vote of 356-47. The legislation proposes expanding “the Financial Crimes Enforcement Network’s ability to collect information under Geographic Targeting Orders (GTOs) in order to prevent money laundering.”
- The House passed HR 5607—Enhancing Treasury's Anti-Terror Tools Act—by a vote of 362-45. The legislation proposes enhancing the U.S. Department of the Treasury’s “ability to better track cross-border fund transfers and identify potential financing of terror or other illicit finance” to combat terrorist activities.
- The House rejected HR 5606—the Anti-terrorism Information Sharing Is Strength Act—by a vote of 229-177. The legislation required a two-thirds majority to pass. The legislation proposed strengthening Section 314 of the Patriot Act to make it easier for banks to share information with the federal government “in the fight against the funding of terrorist activities.”
Tuesday, July 12
- The House passed H.R. 4768—the Separations of Powers Restoration Act—by a vote of 240-171. The GOP-backed legislation would amend the Administrative Procedure Act and effectively limit federal agencies’ rulemaking power by requiring courts to review agency interpretations of statutory and regulatory provisions. The legislation aims to overturn the U.S. Supreme Court’s 1984 Chevron decision, which required courts to give deference to agencies’ reasonable interpretations of ambiguous statutes. Rep. John Ratcliffe (R-Texas), who authored the bill, said that Chevron deference allows “unelected, unaccountable regulators to effectively grade their own papers.” Rep. John Conyers (D-Mich.), who opposes the bill, said, “By eliminating judicial deference, the bill would effectively empower the courts to make public policy from the bench, even though they may lack the specialized expertise and democratic accountability that agencies possess, through delegated authority from and oversight by the American people’s elected representatives.”
- With support from both sides of the aisle, the House passed H.R. 5658—The TALENT Act of 2016—by a vote of 409-8. The bill codifies a program that President Obama introduced in 2012 to draw individuals from the tech sector into government service and projects. Majority Leader Kevin McCarthy (R-Calif.) introduced the legislation to preserve the Presidential Innovation Fellows Program for the future. Speaking in support of the bill on the House floor, McCarthy said, “The Presidential Innovation Fellow program allows highly talented professionals—that means engineers, designers, and innovators from across the country—to build a more efficient, effective, and accountable government.” McCarthy also asked, "Why is it that we expect more technology from our phones every month yet tolerate the exact same from our government year after year after year?"
Wednesday, July 13
- Key vote: Late on Wednesday, the Senate passed S.524—the Comprehensive Addiction and Recovery Act—by a vote of 90-2 after it was passed by the House on July 8, 2016, by a vote of 407-5. The legislation allows the federal government to award grants to states to treat people who are addicted to painkillers and heroin, and it also establishes a grant program to support prescribing opioid overdose reversal drugs.
- President Obama had requested $1.1 billion to help expand treatment capacity nationally, but the bill does not have funding attached. White House Press Secretary Josh Earnest said in a statement that the bill “falls far short” of the resources required to fight opioid abuse. Despite differences over funding, Earnest said the president will sign the bill into law “because some action is better than none.” Earnest added that Obama will continue to press Congress for the resources needed to address this “public health crisis.”
- The House passed S.304—the Conscience Protection Act of 2016—along party lines with a vote of 249-182. Supporters of the legislation say it would help shield healthcare providers who refuse to perform abortions on religious grounds. Opponents of the bill have called it “unnecessary” and a “destructive” attack on abortion rights. The bill is not expected to pass in the Senate.
- On Wednesday, the U.S. Senate approved a short-term Federal Aviation Administration (FAA) extension with a vote of 89-4. The agency’s legal authority was set to expire on Friday. H.R. 636 authorizes FAA programs at current funding levels through September 2017 and sets forth numerous aviation reforms. It includes provisions to strengthen airport security, enhance security coordination, optimize checkpoint efficiency, improve air travel for persons with disabilities, impose a civil penalty for drone misuse, expand the TSA PreCheck program, and refund checked baggage fees for lost or delayed luggage. The House had accepted the Senate’s amendments on Monday.
- The House passed H.R. 5119—the No 2H2O from Iran Act—with a vote of 249-176. The bill prohibits federal departments and agencies from purchasing or issuing licenses to purchase heavy water produced in Iran. According to James Acton, co-director of the Nuclear Policy Program at the Carnegie Endowment for International Peace, heavy water is a form of water made of up “different, heavier molecules than normal H2O.” Heavy water can be combined with uranium to produce weapons-grade plutonium. Iran is required to reduce its supply of heavy water under the terms of the Iran nuclear deal, signed on July 14, 2015. Purchases of heavy water by the U.S. were intended to help Iran meet this requirement.
- With a vote of 74-18, the U.S. Senate confirmed the nomination of Carla D. Hayden to be 14th librarian of Congress. Hayden is the first black woman to hold this post. She is currently the chief executive of the Enoch Pratt Free Library in Baltimore.
Thursday, July 14
- The House passed S.764, a bill directing the U.S. Department of Agriculture to develop a national labeling standard for foods with genetically modified ingredients, with a vote of 306-117. The legislation prohibits states from creating their own mandatory labeling laws and permits food producers to use text, symbols, or QR codes that are read using a smartphone to communicate this information to consumers. The bill passed the Senate with changes by a vote of 63-30 on July 7, 2016, and now awaits President Obama’s signature.
- On Thursday, the Senate passed S. 2943—National Defense Authorization Act for Fiscal Year 2017—with a vote of 85-12. The bill authorizes appropriations and establishes policies for the military activities of the Department of Defense, military construction, and the defense activities of the Department of Energy for fiscal year 2017. Later in the day, H.R. 5293—the Department of Defense Appropriations Act, 2017—failed in the Senate with a vote of 55-42; sixty votes were needed to move forward. Democrats have pledged to stall the appropriations process until Majority Leader Mitch McConnell (R-Ky.) agrees to uphold a two-year budget deal and disallow "poison pill" riders, according to reports. The Senate first rejected a motion to proceed with this bill on July 7, 2016, with a vote of 50-44.
- On Thursday, Defense Secretary Ash Carter sent a letter to House and Senate Armed Services Committee leadership on Thursday expressing several concerns about the 2017 National Defense Authorization Act. He made it clear that he intends to work with House and Senate leadership on the budget, but said he is concerned with the bill’s approach to war funding, its micromanagement of departmental functions, and provisions that will increase costs and reduce benefits for military families, according to Pentagon Press Secretary Peter Cook. Carter would recommend a veto of the legislation in its current form.
- The House passed two bills along party lines on Thursday, the first anniversary of the Iran nuclear agreement, to tighten restrictions on Iran.
- H.R. 5631—Iran Accountability Act of 2016—passed the House with a vote of 246-179. The bill imposes sanctions on officials and agents of Iran’s Revolutionary Guard Corps and on individuals identified as having provided material support to Iran’s ballistic missile program. The bill also expands sanctions for people involved in human rights abuses.
- The House also passed H.R.4992—United States Financial System Protection Act of 2016—on Thursday by a vote of 245-181. The bill codifies regulations blocking the use of the U.S. financial system in transfers of funds that involve or could benefit Iran or Iranian entities.
- The House passed H.R.5538—Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017—with a vote of 231-196. The bill appropriates funds for the Department of the Interior, the Environmental Protection Agency, the Forest Service, and other related agencies for fiscal year 2017. This is the first time this legislation has passed the House since 2009.
- The House approved a $32.1 billion appropriations bill for the U.S. Environmental Protection Agency and the U.S. Department of the Interior. This is the first House-approved spending bill for the EPA and the Department of the Interior since 2009. A total of 131 amendments had been offered as additions to the bill. One of the amendments that passed would allow Flint, Michigan, to have their drinking water loans forgiven. One amendment that was later withdrawn would have prohibited EPA officials from traveling by plane to perform official business. Other potential amendments addressed issues including returning federal lands to the states, the Waters of the United States Rule, the arming of EPA agents, and offshore drilling.
Friday, July 15
- The House and Senate are not in session. Both chambers adjourned for a seven-week summer recess on Thursday, July 14, 2016. Lawmakers will return to Capitol Hill after Labor Day.
- The U.S. Environmental Protection Agency (EPA) released the final version of a new set of rules regulating methane emissions from landfills. According to the EPA, "the final rules are expected to reduce methane emissions by an estimated 334,000 tons a year beginning in 2025." The rules have important implications for the Clean Power Plan, another EPA rule that aims to limit carbon emissions from power plants, because both rules are based on the authority granted to the EPA under the Clean Air Act. Because of this, the landfill rules are expected to be challenged in court as an alleged overexpansion of the EPA's authority. Although the landfill rules do not expand the EPA's authority as much as the Clean Power Plan, any legal outcome for the landfill rules will set a precedent for determining the legality of the Clean Power Plan. On February 9, 2016, the Supreme Court put the Clean Power Plan on hold while a lower court reviews the plan's legality.
Congress is NOT in session | SCOTUS is NOT in session |
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Both the U.S. House and the U.S. Senate are on summer recess. They will return on September 6, 2016, the Tuesday following Labor Day. | The Supreme Court is in recess until Monday, October 3. For a detailed breakdown of last term, see Ballotpedia’s Supreme Court end of term review, 2015. |
What’s On Tap Next Week
Monday, July 18
- FROM CLEVELAND: The Republican National Convention will begin with appearances by U.S. Sen. Tom Cotton (R-Ark.), former New York City Mayor Rudy Giuliani (R), Melania Trump, and U.S. Sen. Joni Ernst (R-Iowa). Speeches are expected to focus on terrorism, veterans affairs, and immigration reform.
- The U.S. Supreme Court is expected to issue the first of three summer order lists on Monday. Per a statement released by the court’s public information office, “Summer order lists usually consist of actions taken by the Court on motions in pending cases, petitions for rehearing, and other miscellaneous matters. Emergency orders, such as in applications for stays, will continue to be released as required.”
- Judge Julio Fuentes of the United States Court of Appeals for the 3rd Circuit will assume senior status on Monday. His elevation creates a second vacancy on the court. Rebecca Ross Haywood was nominated by President Obama in June 2015 to fill a vacancy created by Judge Marjorie Rendell, who assumed senior status. Rendell is the wife of former DNC chair and Governor of Pennsylvania Ed Rendell. As an Article III judicial position, Fuentes’ successor must be nominated by the president and that nomination is subject to the advice and consent of the Senate.
Tuesday, July 19
- The Republican National Convention will continue with speeches by UFC President Dana White, Arkansas Gov. Asa Hutchinson (R), former U.S. Attorney General Michael Mukasey, retired Lt. Gen. Michael Flynn, Senate Majority Leader Mitch McConnell (R-Ky.), Tiffany Trump, Donald Trump Jr., and Wisconsin Gov. Scott Walker (R). The second day of the convention typically includes a roll call of the states, where presumptive Republican presidential nominee Donald Trump will likely be nominated.
Wednesday, July 20
- The Republican National Convention will hold its third session. Scheduled speakers include Florida Attorney General Pam Bondi, astronaut Eileen Collins, former House Speaker Newt Gingrich (R), U.S. Sen. Ted Cruz (R-Texas), Eric Trump, and professional golfer Natalie Gulbis. The Republican vice presidential nominee also traditionally speaks during this session.
Thursday, July 21
- The Republican National Convention will conclude with speeches from U.S. Rep. Marsha Blackburn (R-Tenn.), Oklahoma Gov. Mary Fallin (R), Republican National Committee Chair Reince Priebus, Florida Gov. Rick Scott (R), billionaire entrepreneur Peter Thiel, real estate investor Thomas J. Barrack Jr., and Ivanka Trump. Donald Trump is expected to close out the convention.
Friday, July 22
- FILING DEADLINE: Louisiana congressional filing deadline
- The U.S. Senate seat currently held by David Vitter (R) is up for election in 2016. Vitter is not seeking re-election. Many candidates have already declared their intentions to seek the seat, including Reps. John Fleming (R) and Charles Boustany Jr. (R) The race is rated safely Republican in the general election.
- There are six U.S. House districts in Louisiana. Five are held by the Republican Party, and one is held by a Democrat. There will be at least two open seats due to incumbents seeking election to the Senate. Each seat is currently rated as safe for the party that currently holds it.
- Homeland Security Secretary Jeh Johnson will be in Philadelphia, Pa., personally inspecting security for the 2016 Democratic National Convention.
Where was the president last week? | Federal judiciary |
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President Barack Obama traveled to Poland to participate in the Warsaw NATO Summit on July 8 and July 9. After returning to the U.S., he spoke at a memorial service on July 12 to honor five Dallas police officers killed in the line of duty. |
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State and Local
What's on tap?
Ballotpedia took a look at North Carolina teacher salaries to see if claims made by Governor McCrory and Attorney General Cooper were true. Find out the results of our research in the Fact check section below.
Highlights
State
John Daniello, the state party chairman of the Democratic Party of Delaware, sent a letter to every statewide or local Democratic candidate across this year’s races asking them to reconsider their campaign and their chances of winning. Candidate filing did not end until July 12, but over 60 Democrats had filed their candidacy before the letter was sent on July 1, 2016. Daniello believes that the number of candidates running is too high and that candidates should give a “second and third thought” to their candidacy. He added in the letter that there is “no room for vanity campaigns, either statewide or local.”
Local
On July 12, the Washington, D.C., City Council voted in favor of putting a statehood referendum on the city ballot on November 8, 2016. The referendum, which was first proposed by Mayor Muriel Bowser (D), received unanimous support from the council. If the U.S. Congress approves the proposal, most of the city would become the 51st state in the nation and the remainder would continue to be a district overseen by the federal government. This remainder would include federal government buildings and monuments. The November ballot referendum will allow city residents to state their preference on whether or not Washington, D.C., should be granted statehood, but the referendum is non-binding. Some statehood advocates have criticized the referendum, saying that the council should finalize a state constitution so that voters know the details of how the new state would operate if it receives federal approval. Washington, D.C., is the 23rd-largest city in the U.S. by population.
State
The Week in Review
Ballot measures update
- Across 34 states, 115 statewide ballot measures have been certified for 2016 ballots. Most of these measures will be decided during the November election.
- Forty-nine out of the 115 ballot measures certified for the ballot this year are citizen initiatives. At this time in 2014, less than half that number—21 citizen initiatives—had been certified. Low turnout in the 2014 elections likely contributed to the spike in proposed citizen initiatives in 2016; because signature requirements are often determined by the voter turnout of a previous election, fewer total votes cast in 2014 led to a reduced signature burden in 2016 in some states.
- By this time in 2014, a total of 136 measures, including legislative referrals, had been certified for the ballot.
- Six new measures were certified for the ballot this week.
- Seven statewide ballot measures have been decided so far in 2016; six were approved.
- The next ballot measure election is in Florida on August 30, when state voters will decide a measure that would grant property tax exemptions for solar power and renewable energy equipment.
- More than 930 proposed initiatives were filed with state officials for circulation targeting the ballot in 2016. This compares to about 616 initiatives filed for circulation targeting the 2014 ballot.
- Ballotpedia has coverage of ballot measures going back to 1777.
- Explore our data by year, by subject, or by state.
Monday, July 11
- Filing deadline: North Dakota initiatives
- Supporters submitted signatures for two of the three potential measures in North Dakota.
- At least 13,452 signatures were required to qualify the North Dakota Medical Marijuana Initiative for the ballot. Supporters submitted more than 17,000 signatures for the initiative.
- At least 13,452 signatures were required to qualify the North Dakota Tobacco Tax Initiative for the ballot. Supporters submitted more than 22,000 signatures for the initiative.
- Supporters failed to gather enough signatures for the other potential measure, the North Dakota Legalization of Marijuana Initiative, by the deadline.
- Filing deadline: Michigan initiated constitutional amendments
- Supporters needed to submit at least 315,654 signatures to qualify initiated constitutional amendments for the ballot. Signature submission could not be confirmed by press time for either of the potential constitutional amendments cleared for circulation.
- The state of Michigan asked the Michigan Court of Claims to dismiss a lawsuit designed to give a statewide marijuana legalization initiative the chance to reach the ballot. The lawsuit was filed by the Michigan Comprehensive Cannabis Law Reform Committee (MILegalize), the group behind the initiative, to challenge a recent state law requiring petitioners to gather signatures for ballot measures within a strict 180-day window. Many of the signatures that MILegalize gathered for the Michigan Marijuana Legalization and Regulation Initiative were made invalid by the law because they were not collected within the designated 180 days. In its request for the dismissal of the case, state officials argued: “Because MlLegalize's claims fail to sufficiently identify any constitutional rights and fails to establish prima facie claims for any of its causes of action, this Court should deny MlLegalize's motion for injunctive relief.” The case has been open since June 16, 2016.
- The Wisconsin Institute for Law & Liberty—a conservative organization that participates in court cases it believes will uphold the rule of law, individual liberty, constitutional government, or civil society—announced that it would open a new project, the Center for Competitive Federalism.According to The Associated Press, the group will “focus on filing lawsuits and issuing policy statements targeting what it sees as federal overreach.”
- Federal Judge Robert Payne struck down a Virginia law binding convention delegates to support the winner of the state's presidential primary. The law in question conflicted with the Republican Party's primary election rules, which state that Virginia’s convention delegates should be allocated proportionally according to the primary vote (Donald Trump won the contest with approximately 35 percent of the statewide vote). The challenge to the state law was brought by Carroll “Beau” Correll, a Ted Cruz supporter, who argued that the law violated his free speech and free association rights. Correll's attorney, David Rivkin Jr., said, "Today's decision should give comfort to all delegates that they cannot be punished for voting their conscience at the Republican National Convention." Although Payne's ruling establishes that delegates cannot be subject to criminal prosecution for voting against the winner of the primary, it does not contravene Republican Party rules, which still bind Virginia's delegates proportionally.
- Pennsylvania Governor Tom Wolf announced he would not veto a $31.5 billion spending plan from the state legislature, expecting that the legislature will deliver a revenue plan. Wolf had previously stated that he would veto the plan unless it came with a corresponding revenue deal to pay for it. Pennsylvania law requires a balanced budget, and the $31.5 billion plan is not balanced without new revenue.
Tuesday, July 12
- Justice Fernande Duffly of the Massachusetts Supreme Judicial Court retired from the bench. Justice Duffly was appointed in 2010 by Gov. Deval Patrick (D) and was the first Asian American justice to serve on the court. Massachusetts Gov. Charlie Baker (R) has announced three state supreme court appointments, one of whom, if confirmed by the Governor’s Council, will succeed Justice Duffly. Justices Kimberly Budd, David Lowy, and Frank Gaziano of the Massachusetts Superior Courts are currently being vetted by the Council to succeed Duffly and Justices Robert Cordy and Francis Spina, who will retire August 12.
Massachusetts judicial selection proceeds by gubernatorial appointment with Governor’s Council confirmation, and justices in Massachusetts serve for life until the mandatory retirement age of 70. These are Baker’s first three appointments to the high court. With Duffly’s retirement, the seven-member high court is currently composed of four justices appointed by former Gov. Deval Patrick, a Democrat, and two appointed by former Gov. Paul Cellucci, a Republican. Gov. Baker’s three appointments—succeeding one Democrat-appointed justice and two Republican-appointed justices—will bring the balance to 4-3 in favor of Democrat-appointed justices. Two more justices are expected to retire upon reaching age 70 during Baker’s term, allowing him to appoint a total of five justices to the court.
- Nevada: Three measures qualified for the November ballot after the required signatures were certified by the Nevada secretary of state.
- First, the Nevada Energy Choice Amendment, which will be Question 3 on the ballot, would make electricity markets open and minimize the regulatory burden in the electric energy sector.
- Second, the Nevada Medical Equipment Sales Tax Exemption Initiative, which will be Question 4 on the ballot, would exempt certain types of medical equipment from the sales and use tax. Some of these types of equipment include oxygen tanks, drug infusion devices, ventilators, feeding pumps, and hospital beds.
- Third, the Nevada Solar Rate Restoration Referendum—Question 5 on the ballot—is a veto referendum seeking to repeal the section of Senate Bill 374 that established a fixed fee for solar customers that differed from the fixed fee for other ratepayers. The Nevada secretary of state verified the validity at least 55,235 valid signatures, which were submitted by the June 21, 2016, deadline.
- These three measures join two other measures on the November ballot in Nevada. The Nevada Background Checks for Gun Purchases, which will be Question 1 on the ballot, would require that the sale and transfer of a firearm to another person be done through a licensed gun dealer running a background check. And the Nevada Marijuana Legalization Initiative, which will be Question 2 on the ballot, would legalize recreational marijuana for individuals 21 and over.
- The daughter of the late state Rep. Julie Plawecki (D), who died on June 25, 2016, from a heart attack while hiking in Oregon, is running for her mother’s seat in a special election for District 11 of the Michigan House of Representatives. Lauren Plawecki (D) will face Robert Pope (R) in a special election on November 8, 2016. The winner will serve the remaining two months of the two-year term. Pope is also running for a full term in the 2016 general election. He will face Dale Prosser in the Republican primary on August 2. The winner will face Jewell Jones (D) in the general election. Jones was nominated by precinct delegates on July 7 to replace Julie Plawecki on the ballot.
- New reports explained how Connecticut state Sen. Paul Doyle (D) assisted in the arrest of a would-be bank robber by chasing the fleeing suspect on foot. The attempted robbery occurred in November 2015, but police arrested the suspect in prison in June of 2016, as the robber had been serving a sentence for a separate crime. The robber dropped the money after Doyle nearly caught him, but escaped as the senator paused to collect the money. Doyle later provided details to police that assisted in the case against the suspect.
- Filing deadline: Delaware
- State executives: Three offices are up for election in 2016: governor, lieutenant governor, and insurance commissioner. U.S Congressman John Carney (D) was the sole Democrat to file for the governor's race, which is rated Safe Democrat; two Republicans and one Libertarian also filed. The open race for lieutenant governor has attracted six Democrats and one Republican; the office has been vacant since Matthew Denn (D) resigned in January 2015 to become the state's attorney general. Incumbent Insurance Commissioner Karen Weldin Stewart (D) is seeking re-election and will face a contested primary. Two Republicans are also vying for their party's nomination. Delaware is one of seven Democratic trifectas.
- State legislature: There are 11 state Senate and 41 state House seats up for election in 2016. Democrats have a five-seat majority in the Senate and a nine-seat majority in the House. A small number of legislative districts in Delaware have held competitive elections in recent years. That leaves Republicans hard-pressed to tip the scales of chamber control in a major way. Across both chambers, 57 percent of legislative districts in Delaware will have just one major party candidate running in the general election.
- Officials at the California Natural Resources Agency released a list of several projects intended to prevent the delta smelt, a small endangered fish species, from going extinct. According to June 2016 federal estimates, there are around 13,000 delta smelt—a significant decline from the estimated 112,000 fish present in 2015. The state’s projects are expected to take effect in the next few years. California is also expected to spend $4.2 million of its state budget to remove invasive plant species that may harbor predators to the delta smelt. One plan would allow releasing between 85,000 to 200,000 acre-feet of water into the Pacific Ocean for the purpose of protecting delta smelt habitat. Other plans include purchasing water from consenting sellers, changing the way water is released from the Delta, and releasing water from behind Central Valley dams. Federal officials at the U.S. Bureau of Reclamation, who are reviewing the state’s plans, called California’s plan too optimistic but acknowledged that some water will be released to protect smelt habitat. Agricultural groups have argued that the outflow of water in the area, especially during summer months, would reduce the amount of water available to farmers and residents.
- The U.S. Fish and Wildlife Service announced that it would deliver vaccine-laced M&M’s via aerial drone to an endangered ferret species in Montana. The black-footed ferret species, which has been listed as endangered since 1967, has around 300 members nationwide. The vaccines are meant to protect the species from the Sylvatic plague, a bacterial disease that is lethal to ferrets and prairie dogs. Previously, Fish and Wildlife Service officials dropped vaccines on foot throughout the species’ habitat, but the agency has since developed a device to eject vaccine-laced M&Ms in several different directions. The device will be carried by drone over the Bend National Wildlife Refuge where the ferrets are located.
- The Kansas Rules and Regulations Board issued a temporary regulation prohibiting an estimated 17,000 Kansans from voting in state and local elections. The regulation applies to Kansas residents who registered to vote at local motor vehicle offices but failed to provide proof of United States citizenship at the time of registration. Kansas' Secure and Fair Elections Act (SAFE) requires voters to provide proof of citizenship at the time of registration in order to participate in state and local elections. The temporary regulation, which was recommended by Kansas Secretary of State Kris Kobach (R), comes in the wake of a temporary injunction issued by federal Judge Julie Robinson in May. Robinson determined that Kansas could not enforce its proof of citizenship requirement on voters who registered under the provisions of the National Voter Registration Act, also known as the "motor voter" law. According to the Lawrence Journal-World, the regulation "means that voters who fall into that category will be given a full ballot, but their ballots will be set aside as provisional ballots and will be counted after Election Day." The regulation is set to be in effect for 120 days (including November 8, the date of the general election). If a federal appeals court overturns Robinson's order, the regulation will be voided. Bryan Brown, an attorney for the Kansas state department, said, "The legislature passed the SAFE Act. The secretary of state, as a constitutional officer, is merely attempting to enact it, per the duties put upon him by the Constitution of the State of Kansas." State Representative Jim Ward (D) opposed the regulation, saying, "I cannot believe the secretary of state would pull this kind of chicanery. It is not a coincidence that the 120th day will be the general elections."
Wednesday, July 13
- The Montana Medical Marijuana Initiative (I-182) was certified for the November 8 ballot. The measure would repeal the medical marijuana three-patient limit for providers and allow providers to hire employees to produce and distribute medical marijuana. Montana voters approved the Montana Medical Marijuana Act in 2004, but the Montana Legislature repealed the act in 2011. Supporters of I-182 say that the 2011 repeal created "obstacles for patients' safe access to medical marijuana."
This measure joins two other measures on the Montana ballot. The Montana Crime Victims Rights Initiative, also known as Marsy’s Law, was designed to give crime victims specific rights to ensure that their interests are respected and protected under the law. The second measure, the Montana Animal Trap Restrictions Initiative, would prohibit individuals from using animal traps and snares on state public lands.
- There are six other potential initiatives in Montana awaiting secretary of state decisions. They cover topics such as firearms, marijuana, healthcare, and energy.
- The South Carolina Supreme Court ruled in a 4-1 decision that special prosecutor David Pascoe could continue an investigation into public corruption in the state legislature after being fired earlier this year by Attorney General Alan Wilson (R). Wilson recused himself from the probe in 2015 citing a conflict of interest, but he reclaimed the investigation after Pascoe attempted to convene a special grand jury. Former House Speaker Bobby Harrell (R) pleaded guilty to six charges of misusing campaign funds in 2014 as a result of the same investigation, which implicated other legislators whose names were redacted in the official report. Pascoe was empowered by the Supreme Court to act in the same capacity as the attorney general in the investigation, which resumed the day after the decision. It is not yet known whether Pascoe's investigation will result in further indictments.
- Republican lawmakers have called for Illinois Auditor General Frank Mautino to resign over issues regarding Mautino’s campaign spending during his tenure in the Illinois General Assembly. Rep. Dwight Kay (R) filed a resolution in the Illinois House to remove Mautino as auditor general. Kay said that the move was in response to Mautino ignoring requests from the General Assembly to explain past campaign finance irregularities. The auditor general is responsible for conducting audits on state funds and making recommendations to the general assembly. Mautino was nominated by the assembly’s legislative audit commission and confirmed in a bipartisan vote in the House and Senate on October 20, 2015, for a term that began on January 1, 2016.
Thursday, July 14
- Filing deadline: New York
- State legislature: There are 63 state Senate and 150 state Assembly seats up for election in 2016. Democrats maintain a 62-seat majority in the House. Despite Democrats having a single-seat numerical majority in the Senate, the GOP controls the chamber through power-sharing agreements. New York’s governor, Andrew Cuomo, is a Democrat. Due to the complexities in the control over the Senate, New York is one of 20 states with divided government. The Senate is included in Ballotpedia’s list of battleground legislative elections in 2016.
- According to WMUR’s John DiStaso, New Hampshire gubernatorial candidate and current Manchester Mayor Ted Gatsas (R) hired Jim Merrill as a senior advisor. Merrill previously worked as a senior advisor for Marco Rubio’s presidential campaign, focusing on the state of New Hampshire and the Northeast. Merrill began his career in politics as a liaison to the executive council for former Gov. Stephen Merrill; he previously directed state campaigns for Mitt Romney and George W. Bush. Gatsas faces significant competition in the 2016 gubernatorial race: two state legislators are running—state Sen. Jeanie Forrester and state Rep. Frank Edelblut—as well as executive councilor Chris Sununu, son of former Governor John Sununu. Incumbent Governor Maggie Hassan (D) declined to seek re-election in favor of a bid for a U.S. Senate seat, leaving the election an open race that is rated as a toss-up. New Hampshire currently has a divided government.
- The Tennessee attorney general’s office released a report finding that state Rep. Jeremy Durham (R) had inappropriate sexual conduct with 22 women affiliated with the legislature. The state's investigation took five months and involved interviews with 78 people. The report detailed numerous instances of sexual harassment and Durham's affair with a 20-year-old college student inside his office in 2014. Durham has been married since 2011. The report concluded that Durham's actions warrant expulsion from the Tennessee General Assembly. A special legislative committee will allow voters in District 65 to decide Durham's fate in the August 4 primary. After the report was released, Durham announced that he was suspending his re-election campaign to focus on his family. Since early primary voting began on July 15, his name will remain on the ballot. Under state law, if the legislature expelled Durham now, he could still win re-election in November.
- Reports surfaced that the special prosecution division of the office of Alabama Attorney General Luther Strange (R) is conducting a criminal grand jury investigation into the ethics charges against Governor Robert Bentley (R). Bentley has been accused of misusing state funds in order to conduct an affair with one of his senior aides and is currently, in addition to the grand jury probe, the subject of a State Ethics Commission probe and an impeachment investigation by the House Judiciary Committee. According to court records, the grand jury had been requested by Montgomery County prosecutors in May 2016 and was ordered to convene beginning July 11. According to The Alabama Reporter, Bentley, his former head of security, and former ALEA Chief Spencer Collier's former chief of staff had already testified before the jury this week. Bentley maintains he did nothing illegal and has resisted multiple calls for his resignation from state officials, including several state legislators. Alabama is one of 23 Republican trifectas.
- Montana: The Montana Biomedical Research Initiative (I-181) was certified for the November ballot. The measure would create $20 million in state bonds per year for 10 years to establish and fund the Montana Biomedical Research Authority. The organization would promote the development of therapies for brain diseases and injuries and mental illnesses by overseeing and reviewing grant applications. The grants themselves would be funded by state general obligation bonds.
- This measure joins three other measures on the November ballot: the Montana Crime Victims Rights Initiative (Marsy’s Law), the Montana Animal Trap Restrictions Initiative, and the Montana Medical Marijuana Initiative.
- Supporters of five other measures are waiting for the Montana secretary of state’s office to verify signatures. These potential measures cover topics such as firearms, marijuana, healthcare, and energy.
- Oregon: The Oregon State Funding for Dropout Prevention and College Readiness Initiative was certified for the November ballot. The measure would require state funding for dropout prevention and career- and college-readiness programs in Oregon high schools. Specifically, the measure would require the state legislature to provide at least $800 per high school student directly to school districts for expanding career-technical education, college-level courses, and dropout prevention programs.
- This measure joins the Judicial Retirement Measure (Amendment 1) and the Measure 97 on the November ballot.
- Supporters of four other measures are waiting for the Oregon secretary of state’s office to verify signatures. These potential measures are the Declaration of Emergencies Initiative (Petition #49), the Voter Privacy Initiative (Petition #50), the Measure 99, and the Measure 100.
Friday, July 15
- Republican presidential candidate Donald Trump announced that he had chosen Indiana Governor Mike Pence (R) to join his ticket as his vice presidential running mate. Pence, who had briefly considered a run for the presidency himself, faced a 2016 re-election contest against Democrat John Gregg, whom Pence defeated by 3 percent in 2012. Pence withdrew from the gubernatorial race an hour before the 12 p.m. July 15 deadline, leaving the election open. The Republican state committee now has 30 days to select a replacement for Pence; following rumors of Pence's departure last week, state Republicans had already suggested several potential replacements, including Evansville Mayor Lloyd Winnecke, U.S. Reps. Susan Brooks and Todd Rokita, and state Speaker of the House Brian Bosma. Recent open gubernatorial elections in Indiana have been decided by close margins, and Pence's mid-season departure leaves the outcome even more uncertain. Indiana is one of 23 Republican trifectas; if Gregg wins the governorship in November, Republicans will lose trifecta control of the state.
What’s On Tap Next Week
Monday, July 18
- The Republican National Convention will begin with appearances by U.S. Sen. Tom Cotton (R-Ark.), former New York City Mayor Rudy Giuliani (R), Melania Trump, and U.S. Sen. Joni Ernst (R-Iowa). Speeches are expected to focus on terrorism, veterans affairs, and immigration reform.
Tuesday, July 19
- The Republican National Convention will continue with speeches by UFC President Dana White, Arkansas Gov. Asa Hutchinson (R), former U.S. Attorney General Michael Mukasey, retired Lt. Gen. Michael Flynn, Senate Majority Leader Mitch McConnell (R-Ky.), Tiffany Trump, Donald Trump Jr., and Wisconsin Gov. Scott Walker (R). The second day of the convention typically includes a roll call of the states, where presumptive Republican presidential nominee Donald Trump and his vice presidential pick, Indiana Governor Mike Pence, will likely be nominated. Trump announced via Twitter on Friday, July 15, that he had chosen Pence as his running mate and vice presidential pick. Pence, who had briefly considered a run for the presidency himself, had been facing a tough re-election battle in Indiana. He officially withdrew from the gubernatorial race on July 15.
Wednesday, July 20
- Former N.Y. state Sen. John L. Sampson (D) is scheduled for sentencing on one count of obstructing justice and two charges of making false statements to federal agents. He was found guilty on July 24, 2015, on three of nine counts and was immediately removed from office. Prosecutors convicted Sampson of taking a $188,500 loan from real estate broker Edul Ahmad, who was arrested for mortgage fraud in 2011, to help repay foreclosure escrow accounts that he had embezzled from, then lying to the FBI about the deal. Federal prosecutors are seeking to sentence Sampson to 87 months in prison.
- The Republican National Convention will hold its third session. Scheduled speakers include Florida Attorney General Pam Bondi, astronaut Eileen Collins, former House Speaker Newt Gingrich (R), U.S. Sen. Ted Cruz (R-Texas), Eric Trump, and professional golfer Natalie Gulbis. The Republican vice presidential nominee also traditionally speaks during this session.
Thursday, July 21
- Filing deadline: Michigan
- State judiciary: Michigan’s final judicial filing deadline is for independent, non-incumbent candidates for state supreme court. A previous filing deadline for incumbent justices wishing to run for re-election has already passed. The Democratic and Republican parties will nominate candidates at their August 27 conventions. Republicans will nominate incumbent Justices David Viviano and Joan Larsen, both of whom have filed to run for re-election. Viviano is currently running unopposed for a full term after finishing the unexpired term of his predecessor. Larsen was appointed in 2015 and is running to complete the unexpired term of her predecessor, which expires in January 2019. She is being challenged by attorney Kerry L. Morgan (Libertarian).
Supreme court elections in Michigan are nonpartisan, but most candidates are nominated by political parties. The court’s balance is currently 5-2 Republican and could shift if both incumbents lose their re-election bids.
- The Republican National Convention will conclude with speeches from U.S. Rep. Marsha Blackburn (R-Tenn.), Oklahoma Gov. Mary Fallin (R), Republican National Committee Chair Reince Priebus, Florida Gov. Rick Scott (R), billionaire entrepreneur Peter Thiel, real estate investor Thomas J. Barrack Jr., and Ivanka Trump. Donald Trump is expected to close out the convention.
Friday, July 22
- Filing deadline: Louisiana
- State judiciary: Two seats on the Louisiana Supreme Court and at least four seats on the Louisiana Courts of Appeal will be up for election on November 8, 2016. Justice Jeanette Theriot Knoll (D) will reach the mandatory retirement age this year and is therefore ineligible to run for re-election. The term of Justice Marcus Clark (R) ends on December 31. Courts of appeal judges whose terms expire in 2016 include Judge Jay Caraway (R), Second District; Judge Shannon Gremillion (D) and Judge Jimmie Peters (D), Third District; and Judge Max Tobias (D), Fourth District. Louisiana judicial elections are partisan. Seats are elected at the November 8 primary unless no candidate receives more than 50 percent of the vote. In those cases, the top two finishers advance to the December 10 general election. The current balance of the state supreme court is 4-3 Republican; the election of two seats could cause the balance to shift.
- State executives: Two seats on the Louisiana Public Service Commission are up for election. The primary elections will be held on the same day as the general election for president—November 8, 2016—while the general election will take place on December 10. Three of the five seats on the commission are currently held by Republicans; Districts 3 and 4, the two up for election this year, are held by a Democrat and a Republican respectively. Louisiana currently has a divided government after the 2015 election of Democratic Governor John Bel Edwards ended a four-year Republican trifecta.
State government in session
Two states are in regular session. Alaska and Hawaii are in special session.
- MA, OH
Four states are in recess:
- CA and NJ until 8/1/2016
- MI until 8/3/2016
- PA until 9/19/2016
The following have adjourned their regular sessions:
- AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MO, MN, MS, NC, NE, NM, NH, NY, OK, OR, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY
Four states have no regular sessions in 2016:
- MT, ND, NV, TX
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, 42 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 eight (not including runoff elections) have been scheduled in 20 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
- Pennsylvania state legislative special elections:
- In House District 168, Christopher Quinn (R) defeated Diane Levy (D) in the special election. The seat was previously held by Thomas Killion (R). There will be a rematch between Quinn and Levy in the 2016 general election.
Local
The Week in Review
2016 elections
- In 2016, Ballotpedia is covering 45 municipal elections across America's 100 largest cities by population, local judicial elections across all 39 states holding elections, 642 school board elections across America's 1,000 largest school districts by student enrollment, all local ballot measures in California, and notable measures across the United States.
- So far this year, Ballotpedia has covered 23 city elections, 21 states with local judicial elections, 172 school board elections, and 162 local ballot measure elections in California.
- Most elections, including local elections, are held during spring and fall months. Summer and winter months contain relatively few elections and filing deadlines.
Tuesday, July 12
- In Washington state, Seattle Police Officers' Guild President Ron Smith resigned after receiving criticism for a Facebook post following the attacks on Dallas police officers. His post read, "Dallas PD and their officers are in our thoughts and prayers.... The hatred of law enforcement by a minority movement is disgusting... Heads in swivels brothers and sisters... #Weshallovercome." In his resignation statement, Smith said he had made a mistake in using the phrase “We Shall Overcome” and also clarified that he was not referring to any specific organizations or groups in his post, only “the small segment of society which has the propensity for violence toward law enforcement.” Smith also claimed that he decided to resign before the police union’s board could vote to remove him, and he stated his belief that the board would have removed him for reasons separate from the Facebook post. The Seattle Times reported that these reasons included “his pragmatic approach to federally mandated reforms, his collaborative relationship with Police Chief Kathleen O’Toole and his acceptance of accountability measures as part of a tentative contract with the city.” Smith had served as president of the police union since his election in 2014. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
- In California, the Anaheim City Council voted to provide the Walt Disney Co. with approximately $267 million in tax rebates for the construction of a new hotel near Disneyland. The rebate, which returns 70 percent of the city’s lodging tax collections from the hotel to the corporation, will operate for a 20-year period. The council vote was 3-1 in favor of the proposal, but it was opposed by Mayor Tom Tait (R). Mayor Tait had previously called it a “bizarre giveaway program to the influential and powerful.” An executive with the Walt Disney Co. praised the deal and estimated that the hotel would provide the city with $750 million in revenue across a 40-year period. Anaheim is the 10th-largest city in California and the 56th-largest city in the U.S. by population.
- FILING DEADLINE: Deadline passed to run for 10 school board seats in six of Arkansas’ largest school districts. One of seven school board seats is up for election in Springdale Public Schools, which is the second-largest district in the state. It served 21,369 students during the 2013-2014 school year. The general election will be held on September 20, 2016. If no candidate wins the majority of votes cast in a given election, the top two vote recipients will advance to a runoff election on October 11, 2016.
Wednesday, July 13
- The 2016 RNC Rules Committee officially convened in Cleveland. The Rules Committee crafts the rules governing the Republican Party, including the rules that govern the proceedings of the Republican National Convention. Two members of the Rules Committee are former local government officials; Judi Schwalbach was the mayor of Escanaba, Michigan, and Susie Wiles was a city official in Jacksonville, Florida.
- See also: The GOP establishment and Trump embrace
- The Cleveland City Council voted in favor of an ordinance allowing transgender citizens to use bathrooms designated for their identified gender. The ordinance provided the same protections for transgender people using showers and locker rooms at businesses with public accommodations. It amended a previous ordinance that had allowed businesses to decide which bathrooms their customers could use. Violation of the ordinance would result in a civic penalty followed by a first-degree misdemeanor charge, although the ordinance does not prescribe a specific fine or jail time. Religious organizations are exempt from the ordinance, and businesses are not legally required to change their signage or to construct new facilities. Cleveland is the second-largest city in Ohio and the 48th-largest city in the U.S. by population.
- New York City police officers James Grant and Michael Harrington and businessman Jeremiah Reichberg pleaded not guilty to federal corruption charges. They were arrested on June 20, 2016. Prosecutors allege that the men conducted a scheme that involved businessmen bribing police officials in return for favors. The bribes allegedly included “jewelry for the police inspector’s wife; a video game system for the chief’s children; tickets to Brooklyn Nets games; hotel rooms in Rome and Chicago; even a private-jet flight to Las Vegas, with a prostitute on board.” Another businessman connected to the scandal, Jona Rechnitz, has already pleaded guilty and is reportedly assisting the investigation. They appeared in the United States District Court for the Southern District of New York before Judge Gregory Howard Woods. New York City is the largest city in the U.S. by population.
- Reichberg and Rechnitz are also connected to ongoing investigations tied to Mayor Bill de Blasio’s (D) political fundraising. In response to questions regarding a possible connection between those investigations and these charges, U.S. Attorney Preet Bharara stated, “There is no allegation that has anything to do with the mayor anywhere.” Both Reichberg and Rechnitz have donated significant sums of money to the mayor’s electoral efforts.
Thursday, July 14
- New York City Mayor Bill de Blasio (D) announced that his 2017 re-election campaign had raised $1.1 million this year by the end of June. Combined with what he had raised before 2016, de Blasio’s campaign had raised a total of $2.2 million. This is less than the $2.7 million he had raised by the same point of the campaign in 2013. The mayor and organizations affiliated to his campaign are under investigation for improper fundraising activities. The campaign stated that donations of $250 or less represented close to three-quarters of its contributions in 2016.
- On July 5, 2016, the Chicago Tribune reported that Chicago Mayor Rahm Emanuel (D) had begun fundraising for another possible political campaign. Emanuel, who was first elected in 2011 and re-elected in 2015, will be up for a potential third term in 2019. According to the report, Emanuel had raised $316,600 since the start of May, which mostly came from the $244,100 he raised in June.
- FILING DEADLINE: Deadline passed to run for local court judgeships in the state of New York. The primary election will be held on September 13, 2016, and the general election will be on November 8, 2016.
Friday, July 15
- FILING DEADLINE: Deadline passed to run for 88 school board seats in 22 of South Carolina’s largest school districts. Six of 12 school board seats are up for election in the Greenville County School District, which is the largest district in the state. It served 74,475 students during the 2013-2014 school year. The general election will be held on November 8, 2016.
What’s On Tap Next Week
Monday, July 18
- The Republican National Convention will begin. Former New York City Mayor Rudy Giuliani (R) and Milwaukee County Sheriff David Clarke are local officials who are scheduled to speak throughout the week.
Tuesday, July 19
- Recall elections will be on the local ballot in Nebraska and Oregon:
- In Nebraska, Madison Mayor Alvin Brandl will be up for recall election. The recall effort began due to criticisms regarding the mayor's appointments to city boards and his alleged lack of transparency. In response to the recall effort, the mayor stated, “We came a long away, I think the city is doing great. We’re working in teams, we’re getting things done. As I stated there is always going to be some controversy somewhere I suppose.” Petitioners submitted 229 certified signatures to put the recall on the ballot, exceeding the 170 signature requirement.
- In Oregon, Gardiner Sanitary District Board members Richard Nored and Susanna Noordhoff will be up for recall election. The recall effort began due to criticisms levied against the board by former board member Mack Holman. Holman alleged that board members improperly conducted government business by email and overcharged him when he requested copies of their emails from December 17, 2015, through March 2016. In 2014, all five members of the board were successfully recalled in an effort that was also initiated by Mack Holman. Petitioners submitted 22 certified signatures to put the recall on the ballot, exceeding the 13-signature requirement. Both board members were given an option to resign after the signatures were certified, but they refused.
- FILING DEADLINE: Deadline to run for 24 school board seats in 11 of Alabama’s largest school districts. One of five school board seats are up for election in Mobile County Public Schools, which is the largest district in the state. It served 58,808 students during the 2013-2014 school year. A primary election was held on March 1, 2016, and the general election will be held on November 8, 2016.
Friday, July 22
- FILING DEADLINE: Deadline to run for the mayor’s office and all 12 city council seats in Baton Rouge, Louisiana. Mayor Kip Holden (D) is running for a U.S. House seat, leaving the office vacant for a newcomer to become mayor. The city’s primary election will be held on November 8, 2016, and the general election will be on December 10, 2016. If a candidate receives a majority vote in the primary, he or she will be declared elected as an unopposed candidate and will not be listed on the general election ballot. Baton Rouge is the second-largest city in Louisiana and the 93rd-largest city in the U.S. by population.
- FILING DEADLINE: Deadline to run for local court judgeships in the state of Louisiana. The partisan primary election will be held on November 8, 2016, and the general election will be on December 10, 2016. If a candidate receives a majority vote in the primary, he or she will be declared elected as an unopposed candidate and will not be listed on the general election ballot.
- FILING DEADLINE: Deadline to run for all seven seats on the Orleans Parish School Board. The district served 12,447 students during the 2013-2014 school year. The general election will be held on November 8, 2016. If a runoff election is required because no candidate wins a majority of the vote, it will be held on December 10, 2016.
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Fact Check
Fact Check by Ballotpedia
Federal fact checks
- Fact check: Did Montana Rep. Ryan Zinke equivocate on selling or transferring public lands? While Zinke voted for a bill that would allow states to manage up to 4 million acres of National Forest System land, the bill does not authorize the sale or transfer of federal lands to states.
State and local fact checks
- Fact check: Did North Carolina teachers see the largest average pay increase in the country in 2014, and was the state ranked 42nd in the country for average teacher pay that year? North Carolina Gov. McCrory's claim that North Carolina saw the largest increase in average teacher pay in the country in 2014 and state Attorney General Cooper's response that it only ranked 42nd nationwide for average teacher pay that year are both backed by data from the National Education Association.
- Fact check: The Alaska Republican Party tags state Senate candidate Vince Beltrami as a "longtime union boss." The Alaska AFL-CIO, which Beltrami has managed for the past decade, is a network of 53 labor organizations in Alaska—a state with the third-highest rate of union membership nationwide. Both Beltrami and his organization have a long record of political activism and influence. But it is also a record marked by failure, not just success.
- Fact check: Is homelessness in California at a historic high? From 2005 to 2015, the overall homeless population in California decreased 38.5 percent. The state’s homelessness rate—the ratio of homeless population to the total population—fell by 43.7 percent.
Back to top for Federal, State and Local updates
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