The State and Local Tap: 2017 will have the fewest ballot measures since 1947

September 1, 2017Issue No. 79

Week in review

On tap next week

THE WEEK IN REVIEW

Here's what happened in state and local politics last week. To see what happened in federal politics, click here.

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# State Politics: The Week in Review

## Ballot Measures Update

### 2017:

* The 2017 statewide ballot measure count is final: 27 different measure were certified for ballots in nine different states. This is the lowest number of statewide ballot measures to be certified for the ballot in 70 years—since 1947 when there were 23 statewide measures. One measure was decided in Maine on June 13. West Virginia voters will decide a measure on October 7. Louisiana voters will decide three measures on October 14. The remaining 22 measures will be on ballots for the election on November 7. In 2015, a below-average 28 measures were certified for the ballot. In 2013, there were 31 measures on the ballot. From 1987 through 2015, the average number of measures on the ballot in odd-numbered years was 51 in an average of 11 states. Since 2001, the average was 41 measures in 10 states. In the last decade the average dropped to 34 measures in eight states. The number of measures on the ballot in odd-numbered years peaked in 1999 at 72.
* This year’s measures consist of four citizen initiated measures, 19 legislatively referred measures, one measure automatically referred to the ballot by the state constitution, and three advisory questions triggered by tax increasing legislation in Washington. No additional measures are pending certification.
* The last measure to be certified was a Maine transportation bond issue on August 2.

### 2018:

* Twenty-eight (28) measures are certified to appear on statewide ballots in 17 states in 2018 so far—six citizen initiated measures, 21 legislatively referred measures, and one measure automatically referred to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. Review Ballotpedia’s list of 2018 initiative and referendum signature deadlines to stay ahead of 2018 ballot measure news.
* No new measures were certified for 2018 ballots last week.
* By this time in 2013, 51 measures had been certified for the 2014 ballot; ultimately, 158 statewide measures were put on the ballot in 2014. By this time in 2015, 35 measures had been certified for the 2016 ballot; ultimately, 162 statewide measures were put on the ballot in 2016.
* The most recent signature filing deadline for 2018 citizen-initiated measures was August 28 for the right to work veto referendum in Missouri (sponsors of the referendum signatures turned in signatures last week).
* The next signature filing deadlines for 2018 citizen-initiated measures:
* October 4, 2017, for verified signatures for 2018 Mississippi initiatives—which means petitions need to be submitted to local election officials earlier; initiatives are circulating that would legalize marijuana, decide the fate of the state flag, and establish open primaries.
* November 6, 2017, for initiated state statutes and initiated constitutional amendments South Dakota; initiatives are circulating that would legalize marijuana, restrict legislative alteration and enact campaign finance and election laws, establish a redistricting committee, allow medical aid in dying, establish a public school bathroom gender restriction, restrict out-of-state campaign contributions, and increase the tobacco tax.
* November 15, 2017, for indirect initiated state statutes in Utah; initiatives are circulating that would legalize medical marijuana, enact taxes to fund education, and establish an independent redistricting commission.
* December 6, 2017, for submission to the secretary of state of the first round of signatures for 2018 Massachusetts initiative statutes and 2020 Massachusetts initiative constitutional amendments—which means petitions must be submitted to local election officials by late November. See a full list of circulating initiatives here.

## Monday, August 28

### Illinois becomes 10th state to enact automatic voter registration

* Governor Bruce Rauner (R) signed into law SB 1933, a bill providing for automatic voter registration when voters interact with certain state agencies (including the secretary of state's office and driver's license offices). The bill cleared the Illinois House of Representatives on May 29, 2017, and the Illinois State Senate on May 31, 2017. Rauner had vetoed similar legislation in August 2016. At the signing ceremony, Rauner said, "This is good bipartisan legislation and it addresses the fundamental fact that the right to vote is foundational for the rights of Americans in our democracy. We as a people need to do everything we can to knock down barriers, remove hurdles for all those who are eligible to vote, and to be able to vote." According to The Washington Post, the law was expected to be implemented in phases. The secretary of state's offices (including driver's offices) were slated to comply with the law in advance of the November 2018 general election. Remaining state agencies subject to the law were expected to be compliant by July 2019.
* Illinois is the 10th state to enact an automatic voter registration policy and the third state to do so in 2017. To learn more about automatic voter registration policies in the United States, see this article.

### New Jersey Assemblyman Coughlin claims to have the votes to oust Assembly speaker Prieto in January

* Essex County’s Democratic Assembly delegation on Monday backed Craig Coughlin (D-Middlesex) for Assembly speaker giving Coughlin the necessary votes to oust Assembly speaker Vincent Prieto (D-Hudson) when the chamber picks a new leader in January. Prieto was elected to the position in 2014 with the support of New Jersey Democrats in the North and South. If Coughlin is elected, the Assembly would be led by a speaker from Central Jersey. Coughlin’s bid for speaker is supported by Middlesex County Democrats who have formed an alliance with South New Jersey Democrats. Coughlin’s election to speaker would represent a shift in power away from North Jersey Democrats in top leadership positions in the Legislature. The New Jersey Senate is controlled by Steve Sweeney from South Jersey. Sweeney has secured the necessary votes for another term.
* In July 2017, Preito opposed legislation to restructure Horizon Blue Cross Blue Shield, the state’s largest health insurance company, which ultimately led to a three-day partial government shutdown. Gov. Chris Christie (R) and Senate President Steve Sweeney (D) were in favor of the legislation.
* Six Democratic members from Essex County are backing Coughlin in the race for speaker. The two Essex County Assembly members that did not endorse Coughlin are Assemblywoman Sheila Oliver and Assemblywoman Blonnie Watson. Oliver is running for lieutenant governor and has decided to stay out of the race for speaker, while Watson is not running for re-election in 2017. The delegation from Essex County now gives Coughlin 32 votes from sitting Assembly members and three candidates in safe Democratic districts.
* In a statement on Monday, Preito said that he still believes that he has the backing of Essex County’s delegation and that Essex County Democratic Chairman LeRoy Jones does not speak for the whole delegation. Preito said, “As Chairman of the Hudson County Democratic Organization, I always take great caution in making political statements to ensure that my constituency is uniformly behind our position. That is not the case in Essex County as it relates to the upcoming vote for Speaker.”
* New Jersey is one of 18 states under divided government. Heading into the 2017 elections, Republicans control the governorship and Democrats hold both chambers of the Legislature. Gov. Chris Christie (R) is term-limited in 2017. Democrats control the state Senate by a 23-15 margin with two vacancies. Democrats control the Assembly by a 52-28 margin.

### Deadline for Newman recall certification passes as proponents prepare new legal challenge

* August 28 was the deadline for California Secretary of State Alex Padilla (D) to certify that 63,593 valid signatures had been collected by proponents of the Republican-led recall effort against state Sen. Josh Newman (D). Padilla declined to certify the results, citing new changes to recall election laws that were signed into law by Gov. Jerry Brown (D) on August 24. Recall proponents are now suing the state over the changes, which will likely lead to a judge having the final say on when the recall will occur.
* The changes to the recall laws include several provisions that will extend the timeline for calling the election, probably pushing the Newman recall election until the statewide primary in June 2018, where higher turnout might help him win. If Padilla had certified the results, Brown would have been required to call a recall election within 60 to 80 days, likely putting Newman’s election in October or November 2017, where lower turnout might have helped the recall proponents.
* The changes that Brown signed into law were originally included in the state’s 2018 fiscal year budget that passed in June. They were blocked from being enforced by a California Court of Appeal on August 14. The changes were repackaged in SB 117, which proponents say avoids the single subject legal question that was raised by including recall election changes in a budget bill. The single subject rule comes from the California Constitution and requires that all provisions in a bill be related.
* SB 117 passed the Legislature and was signed by Gov. Brown on August 24. Later that day, recall proponents filed a lawsuit to block the enforcement of SB 117, saying it violates their due process rights and should have been passed as an urgency bill, which requires a two-thirds vote by the Legislature.

### Story background:

* The effort to recall Newman was initiated in April 2017 by former San Diego City Councilman Carl DeMaio (R). According to DeMaio, Newman is being targeted for recall due to his support for SB 1, which raised the gasoline tax in California to pay for infrastructure projects. SB 1 was signed into law by Gov. Brown on April 28.
* The outcome of the Newman recall will decide whether California Democrats maintain their two-thirds supermajority in the Legislature, which is the margin required to raise taxes and certify constitutional amendments for the ballot. Democrats currently control 27 of 40 seats in the state Senate, which is the exact number they need for a two-thirds majority. According to DeMaio’s website, the recall is intended to break the two-thirds Democratic majority and prevent future tax increases. Newman was chosen before other Democrats due to his slim margin of victory in 2016, where he won a traditionally-Republican district by less than 2,500 votes. His 2016 opponent Ling Ling Chang has announced that she will challenge him in his recall election.
* Democrats also have a two-thirds majority in the state Assembly and control the governor’s office, making the state one of six Democratic trifectas.
* Read more of Ballotpedia’s coverage of the Newman recall campaign.

### Court strikes down California public campaign financing bill for altering 1988 initiative

* A formal court ruling overturning a California bill to allow publicly funded campaign finance was released. In September 2016, Gov. Jerry Brown (D) signed SB 1107 to allow state and local governments to provide public campaign financing programs. SB 1107 repealed a provision of Proposition 73, which voters passed 58-42 percent in 1988, that prohibited officials from accepting public funds to seek office.
* On December 12, 2016, the Howard Jarvis Taxpayers Association (HJTA) filed litigation against Gov. Brown (D) in the Sacramento Superior Court. HJTA argued that SB 1107 violated the voter-approved Proposition 73. Jon Coupal, president of the organization, contended that Proposition 73 could not be changed without a vote of the people. In California, the state government is not permitted to amend or repeal voter-approved initiatives without voter approval, unless an initiative includes a clause waiving this rule. Proposition 73 allowed the state legislature to amend the initiative to further its purpose.
* In Judge Timothy Frawley’s formal judgment, he agreed with the defendants (Gov. Brown and the Fair Political Practices Commission) that Proposition 73 contained a provision allowing the state legislature to amend the law without voter approval, but stated that SB 1107 did not further the proposition’s purpose. He said, “Petitioners [HJTA] have shown that a significant purpose of Proposition 73... was to prohibit the use of public moneys in political campaigns.” The court declared that SB 1107 was invalid and had no legal effect.
* The state legislature could attempt to amend Proposition 73 to allow public campaign financing again but would add a provision to its bill to send the proposed change to the ballot as a proposition. The earliest such a proposition could appear on the ballot is June 5, 2018.
* SB 1107 passed both chambers of the state legislature with more than a two-thirds vote in August 2016. The vote was mostly along partisan lines. Four Republicans joined Democrats in passing the bill, while one Democrat joined Republicans in opposing the bill. After the 2016 general election, Democrats picked up one seat in the state Senate and three seats in the state Assembly, giving the party a two-thirds supermajority in each chamber. California is one of six Democratic trifectas.
* An Arizona bill to preempt local non-wage benefits ordinances was overturned by courts on Wednesday based on Arizona’s legislative alteration laws and the bill’s conflict with a 2006 initiative.
* California and Arizona are the only states that require voter approval for changes to citizen initiated statutes. Twelve states have no restrictions on legislators changing or repealing citizen initiatives. The remaining seven states that feature a process for citizen initiated statutes have restrictions on how soon or with what majority the legislature can repeal or amend initiatives.
* Voters in Missouri and South Dakota could vote in 2018 on initiatives to enact restrictions like those in California and Arizona. Another initiative enacting a time restriction and a supermajority vote requirement for the legislature to change initiatives could also be on the ballot in South Dakota.

### California Supreme Court exempts citizen initiatives from tax measure election rules; spurs questions about two-thirds supermajority requirement

* The California Supreme Court ruled 5-2 that a provision of the 1996 initiated constitutional amendment Proposition 218 requiring that local taxes for general funding go on the ballot during general elections rather than special elections does not apply to citizen initiatives, just to measures referred by local government officials. Proposition 218 also added a voter approval requirement for local taxes and a two-thirds supermajority requirement for taxes earmarked for a specific purpose, such as education or transportation. The ruling spurred questions about whether or not these other provisions apply to initiatives. The Supreme Court, however, did not answer these questions.
* There have been a variety of reactions to the ruling. State Senator Scott Wiener (D-11) said, "It’s hard to overstate how important this ruling is. Communities will now have a much easier time funding schools, transportation and other critical needs.” Jon Coupal, president of the Howard Jarvis Taxpayers Association (HJTA), said, “I don’t think there’s any way we can sugarcoat this. This is a significant decision that will lead to unbridled collusion between local governments and special interest groups.” Coupal also said that the HJTA would seek a constitutional amendment to apply Proposition 218 restrictions to citizen initiatives explicitly. On Wednesday, Republican state legislators proposed such an amendment, which would appear on the ballot in 2018 if they are able to garner two-thirds supermajority support required in the Democrat-dominated state Legislature.

### Illinois Gov. Bruce Rauner signs bill limiting law enforcement cooperation with federal immigration agents

* Illinois Governor Bruce Rauner (R) signed into law SB 31, also known as the Illinois Trust Act. The bill prohibits law enforcement officers from holding individuals in custody based solely on a detainer requests from U.S. Immigration and Customs Enforcement (ICE). Under the law, individuals held in custody are to be released as soon as eligible, regardless of immigration status. In addition, the law states that federal immigration agents may not arrest individual for immigration violations on state property.
* The law also prohibits law enforcement agencies from the following:
* providing federal immigration agents access to individuals in custody
* transferring individuals to the custody of federal immigration agents
* allowing federal immigration agents to access jails or electronic databases
* providing information to federal immigration agents regarding the incarceration or release of any individual or their contact information
* Supporters of the law, such as Illinois State Police Director Leo Schmitz, say that the law will improve public safety and "[reinforce] local, county, state ability to work with the federal government and our federal partners to protect the neighborhood." Schmitz also stated that the law will encourage individuals residing in the country without legal permission to report crimes and cooperate with law enforcement without fear of immigration consequences.
* Opponents of the law, such as the Federation for American Immigration Reform (FAIR), say the law will worsen public safety by making it more difficult for federal immigration agents to deport immigrants who have committed crimes. The U.S. Department of Justice stated that the law would have a negative impact "especially [on] immigrant communities in the very sanctuary jurisdictions that seek to protect the perpetrators."
* In a statement, Rauner said, “Illinois has been welcoming of immigrants for a long time, and this bill will continue that tradition. ... It also makes clear that stopping violent crime will be law enforcement’s mission rather than working on federal prerogatives that a federal court has found illegal.” Regarding Rauner's term in office so far, State Sen. Kyle McCarter (R-54th) stated, "I said this could be the last straw, and every day I'm feeling it worse” and said that Rauner was complicating future messaging for Republicans by signing the bill.
* See also: Sanctuary jurisdictions

### Amendments from Gov. Jerry Brown to California SB 54 would narrow scope of bill

* The media outlet The Intercept obtained a draft of amendments from Gov. Jerry Brown’s (D) office to SB 54, a bill that would limit law enforcement cooperation with U.S. Immigration and Customs Enforcement (ICE). Under Brown’s amendments, the provisions prohibiting state law enforcement agencies from cooperating with and providing resources to federal immigration agents would not apply to state prisons. The amendments would allow law enforcement to notify ICE of the release of individuals who had been convicted of a misdemeanor or felony. The amendments would also allow law enforcement to grant federal immigration agents access to jails and prisons to interview and question individuals suspected of breaking immigration law. State facilities would also be allowed to house individuals detained by the federal government.
* As of the day of the draft’s release by The Intercept, the amendments were not yet part of the official bill. The California Assembly Appropriations Committee held a hearing on September 1 regarding whether to move the bill to the Assembly floor for a vote.
* If the amendments were added to the bill before the Assembly votes on it, the bill would need to return to the State Senate, which passed SB 54 in April 2017, to reconcile differences. If the Appropriations Committee moves the bill to the Assembly floor, voting will take place between September 5 - 15.

### As Missouri minimum wage preemption law takes effect, mayors and labor organizations turn to statewide ballot initiative

* Missouri House Bill 1194, which was designed to preempt municipal minimum wage ordinances, went into effect in Missouri. In 2015, the St. Louis City Council adopted an ordinance which gradually increases the minimum wage to $11 per hour by 2018. And on August 8, 2017, voters in Kansas City approved a city-wide ballot question by a two-to-one margin increasing the minimum wage in the city to $15 per hour by 2022. However, both measures were preempted by the enactment of Missouri H.B. 1194, which prohibits cities and counties from requiring a minimum wage that exceeds the state’s requirement of $7.70 (in 2017).
* As the preemption law requires cities to be in compliance with the state's minimum wage, the mayors of St. Louis and Kansas City are looking toward the 2018 ballot where voters could decide a statewide increase to the minimum wage. St. Louis Mayor Lyda Krewson and Kansas City Mayor Sly James, along with Columbia Mayor Brian Treece and St. Louis County Executive Steve Stenger, issued a joint statement on August 28, saying, “We support the Raise Up Missouri initiative, which would raise the statewide minimum wage via ballot initiative to $12 by 2023.”
* Raise Up Missouri launched a signature drive for a $12 statewide minimum wage initiative on August 8. Supporters will need to gather a minimum of 100,126 signatures by May 6, 2018, for the initiative to appear on the ballot on November 6, 2018. The initiative is backed by the SEIU, the Kansas City AFL-CIO, and Missouri Jobs with Justice. The campaign filed over 30 initiatives to increase the minimum wage with the secretary of state’s office. The proposals differed on how high the minimum wage would increase, ranging from $11 to $15 an hour. The groups backing the campaign decided to move forward with an initiative to increase the minimum wage to $12 an hour by 2023. As of August 28, 2017, Raise Up Missouri had received $67,425 in contributions.
* On May 12, 2017, the Missouri Senate adopted HB 1194 in a 23-10 vote. The Missouri House of Representatives also passed HB 1194 on May 12; the vote was 109-43. On June 30, 2017, Gov. Eric Greitens (R) announced that he would allow HB 1194 to take effect without his signature. With Republicans in control of the governor’s office and both chambers of the state legislature, Missouri is a Republican trifecta.

## Tuesday, August 29

### Resignations in Georgia General Assembly will create a number of special elections ahead of 2018 session

* Six members of the Georgia General Assembly have announced their resignations in the past two weeks, with four already in effect and two coming in mid-September. Three of the resignations are due to the members seeking a statewide office in 2018, two are due to appointments by Gov. Nathan Deal (R) to executive and judicial posts, and one is from a candidate seeking election in Atlanta’s 2017 mayoral race. Due to the number of statewide offices up in 2018 and Georgia election laws that limit members’ actions while seeking higher office, even more seats might open up in the months to come. Special elections will be held to fill the seats ahead of the 2018 legislative session. Three elections have already been scheduled for November 7.
* Georgia’s resign-to-run law requires that candidates give up their current position upon qualifying to run for another position, which for the members seeking statewide office is in March 2018. Members could serve in the General Assembly until they qualify, but they are prevented from raising campaign funds for state elections while the General Assembly meets in session. The 2018 session will convene in January 2018 and will likely meet until late March or early April.
* Of the six resignations announced so far, just one has occurred in a district likely to have a competitive special election. Republican Hunter Hill, a 2018 gubernatorial candidate, represented state Senate District 6 and won by just under four points in 2016. Hillary Clinton (D) defeated Donald Trump (R) in the district by 15.6 points. If a Democrat wins Hill’s seat, Democrats will break the Republican two-thirds majority in the state Senate that allows them to override gubernatorial vetoes and certify constitutional amendments for the ballot. Prior to the resignations, Republicans were already two votes short of a two-thirds majority in the state House.
* Gov. Deal has 10 days following a vacancy to call a special election. Georgia’s special elections are held in a top-two format where, provided no candidate receives more than 50 percent of the vote in the first round and wins outright, the top-two vote-getters, regardless of party, advance to a runoff election to decide control of the seat.
* After all six resignations are official, Republicans will have a 115-61 majority in the state House with four vacancies and a 37-17 majority in the state Senate with two vacancies. Georgia is one of 26 Republican trifectas.
* More on Georgia’s 2017 state legislative special elections.

### Pennsylvania revenue shortfall: Gov. Wolf approves $700 million in loans from Motor License Fund

* On Tuesday, Governor Tom Wolf (D) of Pennsylvania signed an executive order approving a $700 million withdrawal from the state's Motor License Fund to cover operating expenses. Later that day, Wolf sent a letter to state House leaders calling on them to adopt a revenue measure passed by the Senate before $900 million in spending is due on September 15.
* The shortfall began with the June 30 passage of a $32 billion bipartisan budget bill containing just under $30 billion in revenue measures, leaving the state with a $2 billion shortfall. Governor Wolf chose to neither sign nor veto the budget, allowing it to become law on July 10. Since then, the governor has frozen $189 million in discretionary spending across the state government while lawmakers draft a proposal to close the gap. Following a $750 million loan taken by Governor Wolf from the state treasury on August 15 to cover operating expenses, Treasurer Joe Torsella (D) forbade additional loans until the passage of a balanced budget, arguing that further loans would put taxpayers at risk.
* Tuesday's loan was taken from the Motor License Fund, which is financed by a gasoline tax and by fees levied on motorists. The fund is typically set aside for infrastructure improvements and financing for the state police, but Pennsylvania statutes allow the government to borrow money from the fund so long as it is payed back in full within thirteen months. Of the transferred funds, $241 million were sent to the state's general fund to finance an education payment due Thursday and are set to be repaid with interest by March 1. The remaining $459 million of Governor Wolf's withdrawal was structured as an advance in the Motor License Fund's payout to the state police. Torsella estimates that the transfer will be sufficient to keep the state government running until September 15, when the state will owe over $900 million in payroll and Medicaid expenses.
* The Pennsylvania State Senate passed a measure intended to close the revenue shortfall by raising utility rates and increasing taxes on gasoline drilling, online shopping, and fireworks while loaning money from the Tobacco Settlement Fund, a savings fund established following a 1999 lawsuit by the state against tobacco companies. Although the House counterproposal has not yet been unveiled, House leaders claim it will rely less on loans and will not include tax increases. If funding is not found before the September 15 deadline, the state could have its credit rating decreased, leading to larger payments on bonds.
* Because the state has a Democratic governor and Republican majorities in both houses of the legislature, Pennsylvania is considered to be one of 18 states under divided government.

## Wednesday, August 30

### North Carolina legislature adopts new House and Senate district maps

* The General Assembly of North Carolina adopted new district maps for the state House and state Senate.
* The new state House map pairs incumbents in three districts:
* Representatives Jean Farmer-Butterfield (D) and Susan Martin (R) in District 24.
* Representatives Jon Hardister and John Faircloth, both Republicans, in District 61.
* Representatives Carl Ford and Larry Pittman, both Republicans, in District 83.
* The new state Senate map pairs incumbents in four districts:
* Senators Erica Smith-Ingram (D) and Bill Cook (R) in District 3; on August 29, Cook announced that he would not seek re-election in 2018.
* Senators Chad Barefoot and John Alexander, both Republicans, in District 18; on August 20, Barefoot announced that he would not seek re-election in 2018.
* Senators Joyce Krawiec and Dan Barrett, both Republicans, in District 31.
* Senators Deanna Ballard and Shirley Randleman, both Republicans, in District 45.
* These redistricting efforts came as the result of a series of court orders issued this summer. On June 5, the Supreme Court of the United States affirmed an earlier district court decision finding that 28 state legislative districts had been subject to an illegal racial gerrymander. The high court, however, directed the district court to reconsider its earlier order calling for special elections in 2017. On July 31, the district court ruled that special elections would not have to take place in 2017, but ordered state lawmakers to draft remedial maps for use in the 2018 elections by September 1, 2017. The newly adopted maps are now subject to review by the federal district court that struck down the original maps. Barring further judicial intervention, the new House and Senate maps will apply to the 2018 and 2020 election cycles in North Carolina.
* For full details, see this article.

### Federal judge halts implementation of Texas sanctuary jurisdiction bill

* Judge Orlando Garcia issued a preliminary injunction preventing partial enforcement of Texas Senate Bill 4, which was to take effect on September 1, 2017. SB 4 was signed into law by Gov. Greg Abbott (R) on May 7, 2017, and would require local law enforcement to comply with federal immigration investigations. The bill allows any Texas resident to ask for an investigation by the state attorney general into allegations of non-compliance with federal immigration laws by local police. Garcia’s injunction specifically blocks provisions limiting restrictions by local police on immigration enforcement and requiring local acceptance of federal detainer requests. Garcia’s order allows a lawsuit against SB 4 filed by San Antonio and the Mexican American Legal Defense and Educational Fund to proceed before implementation of the bill. This lawsuit argues that SB 4 would violate constitutional protections by empowering local law enforcement to enforce federal law without specific guidance. Austin, Dallas, Houston, and Laredo joined the lawsuit over the summer.
* Judge Sam Sparks dismissed a lawsuit against Travis County filed by Texas Attorney General Ken Paxton (R) seeking to confirm the constitutionality of SB 4. Paxton filed the lawsuit one day after the bill’s signing and sought to preempt city or county lawsuits. Sparks ruled that it was impossible for cities and counties to violate a law that was not yet implemented.

### Arizona judge invalidates bill to preempt local benefits laws for conflicting with 2006 minimum wage initiative

* On August 30, 2017, Judge Roger Brodman of the Maricopa County Superior Court ruled that a bill designed to preempt local non-wage benefits ordinances conflicted with Proposition 202 (2006) and violated the state’s legislative alteration law in UFCW Local 99 v. Arizona. Proposition 202, which voters passed 65-35 percent in 2006, provided that counties, cities, and towns can enact ordinances to regulate the minimum wage and benefits. The measure also enacted a state minimum wage.
* In Arizona, the Legislature cannot amend citizen initiatives without a three-fourths vote of the state legislature and to further the initiative’s purpose. Plaintiffs, including the union United Food and Commercial Workers Union Local 99 and 32 Democratic lawmakers, contended that the bill failed to meet either of these requirements.
* Attorney General Mark Brnovich (R) argued that the bill was not in conflict with Proposition 202. Brnovich based this argument on the initiative’s undefined reference to benefits and argued that it allowed for different interpretations. The bill provided a definition of benefits. Judge Rogers rejected this argument, saying the state ignored the “obvious and natural meaning [of benefits] seen within the broader context of a labor statute such as this …”
* UFCW Local 99 v. Arizona was not the first time a bill had been invalidated in court for altering Proposition 202. In 2015, the Flagstaff Living Wage Coalition filed litigation against the State of Arizona, contending that a bill to preempt local minimum wage ordinances violated the state’s legislative alteration law. Attorney General Brnovich concurred with the plaintiffs that the minimum wage preemption bill was in conflict with Proposition 202, and the judge issued a stipulated judgment invalidating the bill.
* Both the bill preempting local non-wage benefits ordinances and the bill preempting local minimum wage ordinances were passed by a Republican-controlled legislature and signed by a Republican governor. Arizona has been a Republican trifecta since 2009. The legislature has the option to refer statutes amending initiatives to the ballot for voter approval.
* A California public campaign finance bill was overturned by courts on Monday based on California’s legislative alteration laws and the bill’s conflict with a 1988 initiative.
* California and Arizona are the only states that require voter approval for changes to citizen initiated statutes. Twelve states have no restrictions on legislators changing or repealing citizen initiatives. The remaining seven states that feature a process for citizen initiated statutes have restrictions on how soon or with what majority the legislature can repeal or amend initiatives.
* Voters in Missouri and South Dakota could vote in 2018 on initiatives to enact restrictions like those in California and Arizona. Another initiative enacting a time restriction and a supermajority vote requirement for the legislature to change initiatives could also be on the ballot in South Dakota.

### North Carolina legislature overrides two gubernatorial vetoes; supreme court hears lawsuit

* The North Carolina State Senate has voted to override Gov. Roy Cooper's (D) vetoes of House Bill 770 and House Bill 140. The state House voted last week to override both bills. The House voted 71-44 and the Senate voted 30-9 to override HB 770. The House voted 72-43 and the Senate voted 30-9 to override HB 140. HB 770, which is composed of multiple law changes, would reduce Gov. Cooper's power to appoint members to the North Carolina Medical Board. Cooper has six appointments to the board, but HB 770 would remove two of Cooper's appointments and let legislative leaders choose the two members instead. Cooper called it "an intrusion on executive authority." The bill also clarified that state employees can draw another salary for additional work on the state’s Property Tax Commission. HB 140 would apply disclosure and notification requirements to dental insurance and would also expand opportunities to sell credit property insurance.
* Gov. Roy Cooper (D) has issued 11 vetoes since he first took office on January 1, 2017. The North Carolina state Legislature has used its veto-proof majorities in each chamber to override seven vetoes. Gov. Cooper has argued that five of the bills that the legislature overrode—House Bill 100, Senate Bill 68, House Bill 239, Senate Bill 257, and House Bill 770— were intended to undermine his authority as governor. Republicans, meanwhile, insist that the legislation restores power to the legislature that was previously taken away by earlier Democratic administrations.
* On August 28, the North Carolina Supreme Court heard arguments in Democratic Governor Roy Cooper’s lawsuit against the Republican-controlled North Carolina Legislature over laws that, among other provisions, would change the structure of state election boards. Cooper claims that the provisions violate the North Carolina constitution by limiting the governor’s powers. This case is one of several lawsuits filed by Cooper against the legislature since he took office.
* More on vetoes: Four other vetoes have been issued by Gov. Cooper (D) but it is unclear if the legislature will consider whether to override the vetoes. Gov. Cooper vetoed HB 576, HB 511, and HB 205 in June and July. HB 576 would allow landfills to collect liquid from garbage and dispose of it through the process of aerosolization. HB 511 would relax the rules for game nights operated by charities to raise money. HB 205 would roll back state requirements mandating legal notices to run in local newspapers. Senate Bill 16 was vetoed on August 14, 2017, and has been sent to the Senate Rules and Operations Committee for review. Senate Bill 16, also known as the Business Regulatory Reform Act of 2017, would impose limitations on local governments over landfill permits and would also allow for some exemptions on requiring stormwater restrictions for redevelopment projects.
* Veto-proof supermajorities: Republican supermajorities in each chamber of the legislature allow Republicans to pass legislation and override gubernatorial vetoes with little intervention by Democrats. A three-fifths majority is needed in each chamber—30 votes in the Senate and 72 votes in the House— to override gubernatorial vetoes.
* North Carolina is one of 18 states under divided government. Republicans control the state Senate by a 35-15 margin. Republicans control the state House by a 74-46 margin. Gov. Roy Cooper (D) was elected in 2016 to a four-year term.

### Hawaii rail tax bill moves forward in special session

* On Wednesday, members of the Hawaii State Senate voted 16-9 in favor of SB4, which aims to fill a funding shortfall for Honolulu’s rail project. In early May, Hawaii lawmakers ended their regularly-scheduled session without reaching a deal on how to fund the rest of the project. The project is budgeted for $6.8 billion but is now expected to cost around $10 billion. The Federal Transit Administration (FTA) is providing $1.55 billion for the project. Lawmakers have a September 15 deadline to submit a financial plan to finish the rail project.
* Senate and House leaders outlined their plan for the $2.378 billion funding shortfall package on August 24. SB4 extends a 0.5 percent general excise tax surcharge on Oahu for three additional years from 2027 to 2030. The bill would also increase Hawaii’s hotel room tax from 9.25 percent to 10.25 percent through 2030. The five-day special session, which began on Monday, is expected to cost about $27,000.
* Hawaii is one of six Democratic trifectas. Democrats hold all 25 seats in the state Senate and the state House by a 46-5 margin. Gov. David Ige (D) was elected to a four-year term in 2014.

# Special Elections

As of this week, 41 state legislative seats have been filled through special elections in 2017 and another 41 special elections have been scheduled in 12 states. Elections have been held for 19 Democratic seats and 22 Republican seats. Democrats have flipped four seats as a result of special state legislative elections in 2017. Republicans have flipped one seat. In special elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country each year. The number of net seats won and lost by Democrats and Republicans in state legislative special elections in 2017 has, so far, been similar to prior years.

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

### Upcoming special elections include:

September 5

* Grafton 9 District of the New Hampshire House of Representatives
* South Carolina House of Representatives District 113 (primary)

## Verbatim Fact Checks

### Ralph Northam on Virginia pipelines

* Ralph Northam, the Democratic candidate for governor of Virginia, has faced criticism for not opposing the construction of natural gas pipelines in the state. Referring to the proposed Atlantic Coast Pipeline (ACP) during a gubernatorial debate on July 22, Northam said, "At the end of the day, this is a federal project. It comes from West Virginia, goes through Virginia, into North Carolina so we can do everything that we can in Virginia to make it safe and transparent, but at the end of the day, FERC will make that final decision—the energy review commission—and so I support all of that process."

Is Northam correct in claiming that the Federal Energy Regulatory Commission (FERC) makes the final decisions on interstate pipelines? No. FERC's approval is necessary for interstate natural gas pipelines, but such projects also require permits from state regulatory agencies. A permit denial from a state may be challenged in federal court by the applicant, but FERC cannot reverse a state’s permit decision or allow a project to move forward without permit approvals from the state.

# Local Politics: The Week in Review

## Elections Update

* In 2017, Ballotpedia is covering municipal elections across 59 of America's 100 largest cities by population and 24 of the largest counties by population, local judicial elections across seven states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, school board elections across 449 of the 1,000 largest school districts by student enrollment, all local recalls, all local ballot measures in California, and notable local ballot measures across the United States.
* So far this year, Ballotpedia has covered 35 city elections, 11 county elections, and 198 school board elections. Ballotpedia has covered 14 local ballot measure election dates in California so far in 2017, amounting to 74 different local ballot measures. The largest local ballot measure election date will be November 7.
* Local ballot measure elections occurred in California on January 10, February 28, March 7, March 28, April 4, April 11, April 25, May 2, May 9, May 16, June 6, July 11, July 25, August 22, and August 29.
* The next local ballot measure election date in California is on October 17.
* Ballotpedia also covered local ballot measure elections on May 16 in Arizona, Oregon, and Pennsylvania, on March 7 in Missouri, April 4 in Missouri, May 2 in Alaska, May 2 in Ohio, on May 6 in Texas, and on August 8 in Kansas City.
* Oklahoma City voters will decide 15 ballot measures on September 12.

## Monday, August 28

### Houston ravaged by Hurricane Harvey

* The city of Houston dealt with the effects of Hurricane Harvey, which made landfall on the Texas Gulf Coast as a Category 4 storm and produced rainfall amounts of more than 50 inches in some areas. Roadways and neighborhoods throughout the city saw unprecedented flooding, as government authorities and private citizens used boats to rescue residents trapped in homes and vehicles. The U.S. Congress is expected to begin debate on a federal aid package to the area as soon as next week, with damage estimates for the region approaching $150 billion. The storm has been blamed for the deaths of more than 30 people in southeast Texas, and officials are also concerned that the extensive flooding of houses and businesses will lead to other health issues even after the water recedes. The start of school in the Houston Independent School District, the largest district in the state, has been pushed back because of Harvey to September 11, 2017, two weeks after it was originally scheduled. In the wake of the storm, Houston Mayor Sylvester Turner said that the city needs to spend much more than it has on infrastructure improvements to mitigate future flooding. Houston is the largest city in Texas and the fourth-largest city in the U.S. by population.

### Candidate in Seattle mayoral race proposes free college tuition

* Seattle mayoral candidate Jenny Durkan announced a proposal to provide a free college education to all Seattle students, should she be elected. The proposal, called the “Seattle Promise” plan, is aimed at increasing the number of Seattle graduates that pursue a higher education. According to My Northwest, the plan would provide tuition for every graduate from a public Seattle high school at any community college in Washington state. Durkan estimates that the program would cost between $4 to $5 million in its first year, rising to $7 million in the succeeding year and has pledged to implement the program as soon as possible if she is elected. She argued that funding the program would be possible without the need for new revenue sources. “It is clear looking at the budget today that we do not have to come up with new revenue sources to fund this,” Durkan said. She pointed to the upcoming renewal of the family and education levy, the new Seattle soda tax, and funds from the Sound Transit 3 levy—earmarked for education—as potential revenue sources. A primary election was held on August 1, 2017, and Durkan faces Cary Moon in the general election on November 7, 2017. Seattle is the largest city in Washington and the 21st-largest city in the U.S. by population.
* Housing costs, homelessness, and an income tax ordinance approved by the city council in July 2017 are attracting attention from candidates for mayor in Seattle. For more of Ballotpedia’s coverage of the Seattle mayoral race, please click here.

## Tuesday, August 29

### Mayors of Missouri urban centers support minimum wage ballot measure

* St. Louis Mayor Lyda Krewson (D) and Kansas City Mayor Sly James (D) have publicly backed the Rise Up Missouri ballot initiative, which aims to raise the state’s minimum wage to $12 per hour by 2023. Organizers of the ballot initiative must collect 100,000 signatures by May 2018 in order to bring a vote to Missouri citizens. The support for the ballot initiative comes in response to Missouri’s minimum wage law, which took effect on August 28, 2017, after Gov. Eric Greitens (R) allowed the bill to become law without his signature. The state law prohibits local government from adopting a minimum wage higher than the state wage of $7.70 per hour. The law nullified a $10 minimum wage approved by voters in St. Louis and a similar wage approved by voters in Kansas City. If approved, the ballot measure would increase the statewide minimum wage to $8.60 per hour in 2019, with 85-cent increases each year until the $10 limit is reached in 2023. Opponents of the higher wages argue that they cost workers hours on the job and force small businesses to cut jobs entirely. Proponents say that higher wages would stimulate local economies and reduce the social cost of growing income gaps. Kansas City is the largest city in Missouri and the 37th-largest city in the U.S. by population, while St. Louis is the second-largest city in the state and the 58th-largest city in the U.S. by population.
* For more information on Ballotpedia’s coverage of preemption conflicts between state and local governments over labor and wages please click here.
* Other cities have considered or implemented higher minimum wages
* Los Angeles, San Francisco, Seattle, and Washington D.C. have all begun the implementation of a $15 minimum wage.
* Two more cities—Miami Beach and San Diego—approved smaller minimum wage hikes in June 2016. The Miami Beach City Commission voted in favor of increasing the minimum wage to $10.31 in 2018 with additional increases over time until it reaches $13.31 in 2021. San Diego voters approved Proposition I by more than 63 percent of the vote, which increased the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the eighth-largest city in the U.S. by population.

### Illinois leaders reach compromise to fund state’s public schools

* A compromise bill defining the funding formula for state education aid passed in both the Illinois House of Representatives and the Illinois State Senate with the House voting 73-34 and the Senate voting 38-13 in favor of the bill. Prior to the approval of the funding formula, state education aid could not be distributed, leading to concerns that Chicago Public Schools (CPS) would close or cut programs due to a lack of funding. The bill was negotiated by Illinois General Assembly leaders Speaker of the House Michael Madigan (D), Senate President John Cullerton (D), House Minority Leader Jim Durkin (R), and Senate Minority Leader Bill Brady (R). The funding formula was needed to unlock $6.76 billion of the $8.2 billion that was earmarked for education in the 2018 fiscal year budget. If signed by Gov. Rauner (R), the agreement will provide an increase in state funding to CPS of roughly $450 million, compared to the funding received during the 2016-2017 school year. The CPS board of education would also be able to raise property taxes to pay for the Chicago Teacher's Pension Fund. The Cook County Clerk estimated the board could increase property taxes by 2.5 percent for the average Chicago homeowner. This would amount to an additional $83 in property taxes for the owner of a home valued at $200,000. Chicago Public Schools served 392,558 students during the 2014-2015 school year—approximately 19 percent of all public school students in the state.
* The financial turmoil in CPS has been ongoing:
* In May 2017, district CEO Forrest Claypool pledged that schools would open on-time in the fall of 2017, regardless of whether additional funding was provided to the district by the state. The district borrowed $389 million to make a contribution to the Chicago Teachers’ Union Pension Fund on June 30.The loans came with high interest rates due to the district’s junk bond rating, and administrators reported that the district owed $9 billion to creditors. CPS will repay the borrowed money using block grant payments expected from the state, although the district said it was owed $467 million in late state block grant payments.

### Democrats maintain 6-3 majority on Phoenix City Council

* The city of Phoenix held nonpartisan general elections for four of the nine seats on the Phoenix City Council. The incumbents running for re-election in Districts 2, 4, 6, and 8 won additional terms. With Sal DiCiccio’s (R) defeat of Kevin Patterson (D) in District 6, the council’s partisan makeup remained the same with Democrats maintaining a 6-3 majority. Phoenix is the largest city in Arizona and the sixth-largest city in the U.S. by population.

### Primary election results clinch Democratic control of Tucson City Council

* A primary election took place for three of the seven seats on the Tucson City Council. Ward 5 incumbent Richard Fimbres (D) is the only candidate who will be unopposed in the general election on November 7, 2017. Because Fimbres is unopposed, Democrats will maintain control of the council regardless of the outcome of the general election. Tucson is the second-largest city in Arizona and the 33rd-largest city in the U.S. by population.

### 20 candidates file for five seats on Aurora City Council

* The filing deadline passed to run in the general election for five of the 11 seats on the Aurora City Council. The general election is scheduled on November 7, 2017. Six members are elected by the city’s six wards, while four members and the mayor—who also serves on the council—are elected at large. Two at-large seats and the seats in Wards I, II, and III will be on the ballot. Neither at-large incumbent nor the Ward II incumbent filed for re-election, but a total of 20 candidates filed across the five races. Aurora is the third-largest city in Colorado and the 55th-largest city in the U.S. by population.

### Mayor and former mayor advance to general election after St. Petersburg primary following Obama endorsement

* A primary election was held for mayor and the District 6 seat on the St. Petersburg City Council. In the mayoral race, incumbent Rick Kriseman (D) faced five challengers in his bid for a second term. Kriseman advanced to the general election on November 7, 2017, where he faces former Mayor Rick Baker (R). On August 25, Politico reported that former President Barack Obama endorsed Kriseman in the mayoral race.
* There was also a primary election for the District 6 seat on the city council, since that was the only race where more than two candidates filed to run. Justin Bean finished first in that primary, and unofficial election night results showed Gina Driscoll ahead of Robert Blackmon by just four votes for second place. A recount took place on September 1, 2017. While Blackmon picked up two net votes, certified official results show that Driscoll finished two votes ahead of him for second place. Driscoll and Bean will face each other in the general election in November, when the election for three other seats on the city council will also take place. St. Petersburg is the fifth-largest city in Florida and the 78th-largest city in the U.S. by population.

### Mayor survives recall election in Idaho

* Mayor David Porterfield survived a recall election in Notus, Idaho, with 63.91 percent of constituents voting to retain the mayor and 36.09 percent voting to recall the mayor from his position. Recall organizer Jack A. King initiated the recall because he believed that Porterfield did not comply with state drinking water rules and pursued an illegal irrigation system for the city. Porterfield's ballot statement countered that he complied with state law and King exaggerated the potential impacts of policy changes.

### Vacant school board seat filled via special election in Virginia’s largest school district

* One of the 12 seats on the Fairfax County Public Schools school board was up for nonpartisan special election. Candidate Karen Keys-Garmarra defeated three competitors to win the at-large position. The seat was left vacant after former board member Jeanette Hough resigned to join her husband on an overseas work assignment. Fairfax County Public Schools is the largest school district in Virginia, serving 185,541 students during the 2014-2015 school year—approximately 14.5 percent of all public school students in the state.

### Local ballot measure elections in California

* There were six local ballot measures on ballots in cities and districts within five of California's 58 counties. Three of the measures were parcel taxes; one was a sales tax measure; one was a marijuana tax measure; and one concerned board member elections for a special district. Voters approved two measures and defeated four.

## Wednesday, August 30

### Injunction issued against Texas sanctuary city bill

* Two days before it was scheduled to take effect, U.S. District Judge Orlando Garcia granted a temporary injunction against Texas Senate Bill 4 (SB4) while its constitutionality is further examined. The bill is supported by Gov. Greg Abbott (R) and contains provisions meant to remove sanctuary policies from cities in the state. It allows law enforcement officers to question the immigration status of people they detain or arrest and seeks to punish local government officials who do not cooperate with all detainers issued by U.S. Immigration and Customs Enforcement (ICE). In his opinion, Judge Garcia said the detainer provision of SB4 would violate the Fourth Amendment, though he did say officers may still question the immigration status of detainees but that officers cannot act on that information once it is given. The implementation of SB4 is on hold following Garcia’s ruling, and Gov. Abbott said he would immediately appeal the decision. The cities of Houston, Austin, San Antonio, and El Cenizo, as well as Maverick and El Paso counties, have sued the state, arguing SB4 violates several provisions of the U.S. Constitution.
* Ballotpedia has ongoing coverage of sanctuary policy preemption conflicts. For more information, please click here.

### Los Angeles City Council votes 14-1 to axe Columbus Day

* Members of the L.A. City Council approved a motion to replace Columbus Day with Indigenous People’s Day as an official city holiday. The members in support of the motion said they agree with the argument that the explorer’s history with violence and slavery makes him unworthy of celebration. The motion was originally introduced by Councilman Mitch O’Farrell in November 2015. Councilman Joe Buscaino was the sole council member to vote against the motion. As an alternative, Buscaino had proposed amending the motion to have Indigenous People’s Day take place on August 9 each year with a new holiday celebrating the diversity of Los Angeles replacing Columbus Day on the second Monday of October. Both of these would have been paid holidays. Indigenous People’s Day will replace Columbus Day as one of the 12 annual paid holidays for city workers but has no effect on Columbus Day as a federal holiday. Los Angeles is the largest city in California and the second-largest city in the U.S. by population.

## Thursday, August 31

### Fresno City Council considers marijuana-related ordinances

* The Fresno City Council debated two new ordinances regulating marijuana businesses in the city. One measure, which is supported by Mayor Lee Brand and Councilman Garry Bredefeld, would completely prohibit marijuana dispensaries from operating in the city. The measure would also limit any business from manufacturing, storing, or testing marijuana in Fresno unless such activity represents less than 20 percent of the entity’s business in the city, and only in designated industrial areas. The other ordinance, which is supported by Council President Clint Olivier, would authorize the city to hire a consultant to evaluate how other cities are regulating marijuana in their jurisdictions and assess the revenue potential from taxing the substance.
* In November 2016, voters in California approved Proposition 64, which legalized the possession and use of small amounts of marijuana by individuals and the establishment of legal marijuana-related businesses in the state. However, that proposition also allows municipalities the authority to regulate or even prohibit the sale of marijuana within their jurisdictions. While a specific timetable for voting on either ordinance was not announced, Bredefeld said that he expects the city to consider them before the end of the year since Proposition 64 takes effect on January 1, 2018. Fresno is the fifth-largest city in California and the 34th-largest city in the U.S. by population.

### Sheriff David Clarke steps down as Milwaukee County sheriff

* Milwaukee County Sheriff David Clarke resigned from his position. Clarke, who is known for encouraging firearm ownership and for his opposition to the Black Lives Matter Movement, had served as the county sheriff since 2002. He is expected to take a job in the Trump administration, though not one that requires confirmation by the U.S. Senate, according to Politico. Clarke was rumored to be a candidate to lead the Department of Homeland Security after Trump was elected. According to Wisconsin state law, vacancies in elected county offices such as county sheriff are filled by appointment of the governor for the remainder of the unexpired term. Clarke’s term was scheduled to expire on January 1, 2019. Milwaukee County will hold a regular general election for county sheriff in November 2018.

## Friday, September 1

### Denver headlines Colorado school board races

* The filing deadline passed to run in nonpartisan general elections for 69 school board seats across 22 of the largest Colorado school districts by enrollment. All of the elections will take place on November 7, 2017. The largest Colorado school district holding an election in 2017 is Denver Public Schools where four of the seven school board seats will be on the ballot. The district served 88,839 students during the 2014-2015 school year—approximately 10 percent of all public school students in the state.

WHAT'S ON TAP NEXT WEEK

Here's what is happening in state and local politics this week. To see what happened in federal politics, click here.

* Skip to:
* Saturday
* Sunday
* Monday
* Tuesday
* Wednesday
* Thursday
* Friday

# State Politics: What's On Tap Next Week

## Tuesday, September 5

### Special election to fill a vacant Republican seat in the New Hampshire state House

* A special election will be held for the Grafton 9 district of the New Hampshire House of Representatives. The seat became vacant on February 22, 2017, when Jeff Shackett (R) resigned from the state House. Joshua Adjutant (D), Vincent Migliore (R), and Libertarian John J. Babiarz will face off in the special election. Shackett and incumbent Robert Hull (R) were re-elected in 2016 with 30.43 percent and 25.83 percent of the vote, respectively.
* New Hampshire is one of 26 Republican state government trifectas. With six vacancies and one member not yet sworn in, Republicans hold a 219-171 majority in the state House. There are also three Libertarians in the chamber. Republicans have a 14-10 majority in the state Senate. Governor Chris Sununu (R) was elected to a two-year term in 2016.

### Special primary election to be held in South Carolina House of Representatives district

* A special primary election for District 113 of the South Carolina House of Representatives will take place on Tuesday. Chris Collins, Angela Hanyak, and Marvin Pendarvis are facing off in the Democratic primary. Theron Sandy II and Rouzy Vafaie are facing off in the Republican primary. The general election will be held on November 7, 2017.
* The seat became vacant after Jackson Whipper (D) resigned to become a magistrate judge in Charleston County. Whipper was first elected to the state House in 1996. He did not face a general election opponent in the last decade.
* South Carolina is one of 26 Republican state government trifectas. With four vacancies, Republicans maintain a 78-42 majority in the state House. Republicans have a 28-18 majority in the state Senate. Governor Henry McMaster (R) succeeded former Governor Nikki Haley (R), who was confirmed as the U.S. ambassador to the United Nations on January 24, 2017. McMaster will serve out the remainder of Haley's term, which expires in January 2019.

# Local Politics: What's On Tap Next Week

## Tuesday, September 5

### Mayor, nine council seats up for grabs in Jersey City

* The filing deadline will pass to run in general elections for mayor, three at-large, and six by-district city council seats in Jersey City. The election is scheduled on November 7, 2017, and any race where no candidate receives a majority of the votes cast in the general election will advance to a runoff election on December 5, 2017. Mayor Steven Fulop has announced his intention to seek an additional term. Jersey City is the second-largest city in New Jersey and the 74th-largest city in the U.S. by population.
* Interesting issues headline this year’s election cycle in Jersey City.
* This is the first election cycle following the passage of Public Question 1 in 2016. The measure, which passed with over 57 percent approval at the polls, moved the city’s election dates from a May primary and June general election to a November general election and December runoff.
* Jersey City has been ordered to complete a property revaluation by November 1, 2017. This is the first property revaluation in the city since 1988. The revaluation was ordered by the New Jersey State Treasurer on April 4, 2016, after a state investigation found the city was found in breach of contract with a firm hired to complete a separate property revaluation in 2010. To read more about this story as it unfolds, please click here.

### Recall targets mayor, five of seven board members in Colorado town

* Recall efforts against Frederick Mayor Tony Carey and Town Trustees Donna Hudziak, Fred Skates, Rocky Figurilli, and Salvatore DeSantis will culminate in a special election. Carey, Hudziak, and Skates face a recall effort based on accusations that they do not represent public interests by supporting a new drive-in restaurant development. A separate effort against Figurilli and DeSantis targeted their votes against new real estate developments. Hudziak responded saying that the recall advocates were spreading false information about the board’s action. Additionally, the group Frederick United is campaigning against the effort to recall Carey, Hudziak, and Skates and accused recall supporters of misleading residents. Frederick is located in Weld County, Colorado. The city was home to 8,679 residents in 2010, according to the United States Census Bureau.

## Friday, September 8

### Idaho’s largest city holding elections for mayor, city council

* The filing deadline will pass to run in general elections for three of the six seats on the Boise City Council. The election is scheduled on November 7, 2017. Two incumbents—Ben Quintana and Maryanne Jordan—have said they will not run for re-election. The third incumbent, TJ Thomson, is running for a third term. If no candidate wins a majority of votes in the general election, a runoff election will be held on December 7, 2017. Boise is the largest city in Idaho and the 98th-largest city in the U.S. by population.
* The Greater Boise Auditorium District (GBAD) held nonpartisan elections for two of five members of its Board of Directors on May 16, 2017. The GBAD is an independent governing body that promotes economic growth in the area through the ownership and operation of convention centers and other public facilities. The district's boundaries include almost all of the city of Boise, as well as some surrounding areas. All GBAD Directors are elected at large and serve six-year terms. The filing deadline to run in this election was March 17, 2017. Incumbent Hy Kloc and challenger Kristin Muchow defeated incumbent Judy M. Peavey-Derr and challenger Scott Mecham.

### Control of the Orlando City Council at stake in November election

* The filing deadline will pass to run for three of the six seats on the Orlando City Council. The general election is scheduled on November 7, 2017, and a runoff election will take place on December 5, 2017, for any race where no candidate receives at least 50 percent of the vote. The District 1, District 3, and District 5 incumbents all filed for re-election and will face at least one challenger. The most crowded candidate field ahead of the filing deadline is in District 5 where seven candidates have declared their intention to run against incumbent Regina Hill. Orlando is the fourth-largest city in Florida and the 77th-largest city in the U.S. by population.

### Local judges remain unopposed in Mississippi re-election bids

* The qualifying period for candidates running in general elections for one Chancery Court and two Circuit Court positions in Mississippi will close. The filing deadline for candidates wishing to run in the general election scheduled on November 7, 2017, was in May 2017, but the candidates are not officially certified for the ballot until the qualifying period ends. The judges running for re-election in Chancery Court District 10, Circuit Court District 8, and Circuit Court District 17 are each unopposed.

### Pennsylvania judges seek to retain seats

* The filing deadline will pass for judges in the Pennsylvania Court of Common Pleas to run in retention elections. The election is scheduled on November 7, 2017. There are 45 judges across 23 counties eligible for retention this year. Judges run for retention in Pennsylvania if they have previously won a full 10-year term in a partisan election. In retention elections, judges do not compete against another candidate, but voters are given a "yes" or "no" choice on whether to keep the judge in office for another term.

## About[edit]

The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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