Welcome to the Tuesday, April 23, 2024, Brew.
By: Ethan Rice
Here’s what’s in store for you as you start your day:
- California ballot initiative could change drug and theft penalties
- Kentucky lawmakers override Gov. Andy Beshear’s (D) veto of bill removing the governor’s authority to fill U.S. Senate vacancies
- A look at the Pennsylvania primary elections taking place today
California ballot initiative could change drug and theft penalties
Californians for Safer Communities reported filing more than 900,000 signatures on April 18 in support of an initiative that would make changes to Proposition 47, which California voters approved in 2014 by a vote of 59.6% to 40.4%. Proposition 47 reduced the classification of most nonviolent property and drug crimes—including theft and fraud for amounts up to $950—from a felony to a misdemeanor.
The proposed initiative, known as the California Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative, would increase drug crime and theft penalties and create a new class of crime called treatment-mandated felony, which would give the offender the option to participate in drug and mental health treatment. Currently, state law classifies theft of items with a value of less than $950 and the possession of illegal drugs as misdemeanors. The proposed increases in penalties for theft are below:
Proposition 47’s effect on the crime rate has been widely debated in the state. San Francisco Police Chief William Scott said, “Some people calculate, ‘Hey, you know, I don’t want to go over the $950, so let me steal $949 worth of property.’” San Diego Police Chief Shelley Zimmerman said Proposition 47 is a “virtual get-out-of-jail-free card.”
University of California professor Charis Kubrin said criminal justice reforms like Proposition 47 had become a scapegoat for changes in criminal activities. Kubrin said, “In the case of Prop 47, almost from the start, strong claims have been made regarding the measure’s impact on crime rates throughout the state—in the absence of any data or analysis to back those claims up. Opponents routinely cite rising crime rates as ‘proof’ that Prop 47 is harming public safety, prompting repeated calls to repeal the measure. Yet crime rates going up (or down for that matter) tell us nothing about the source of those trends, and studies such as this one are necessary to determine any link between criminal justice reform and crime rates.”
The required number of signatures to qualify for the 2024 ballot in California is 546,651—5% of the votes cast in the preceding gubernatorial election.
Eleven statewide measures have qualified for the California ballot for the 2024 elections. California voters approved Proposition 1, which makes changes to the state’s Mental Health Services Act, on March 5. Six citizen initiatives and four constitutional amendments have qualified for the Nov. 5 ballot. Nationwide, 89 statewide ballot measures have been certified in 33 states this year. An average of 88 measures were certified at this point in even-numbered years between 2012 and 2022.
Kentucky lawmakers override Gov. Andy Beshear’s (D) veto of bill removing the governor’s authority to fill U.S. Senate vacancies
On April 12, lawmakers in the Republican-controlled Kentucky Legislature overrode Gov. Andy Beshear’s (D) veto of House Bill 622. The bill amends Kentucky law “to require the Governor to sign a proclamation for an election to fill a vacancy in the office of United States Senator” and “extend the term of the candidate who wins special election to the remainder of the term.” The bill was effective immediately. Before the change, the governor had the authority to fill U.S. Senate vacancies via appointment.
House Majority Floor Leader Steven Rudy (R) said, “This, I think, is truly what the people want and expect should there be a vacancy in their United States senator. If there’s a vacancy, the people should be able to select their U.S. senator.”
In his veto statement, Beshear said, “In House Bill 622, the General Assembly changes its mind for the second time in three years on how vacancies in the United States Senate are filled. Prior to these maneuvers, the same system had been in place since 1942. This administration deserves the same authority as previous administrations.”
In the state House, the override vote was 81-17, with two not voting. Two Democrats voted with Republicans, while one did not vote. In the state Senate, the override vote was 29-5, with four not voting. Two Democrats voted with Republicans.
In 36 states, governors appoint a temporary replacement to fill vacancies. A special election is then held coinciding with the next regularly scheduled election to replace the appointee. In the remaining 14 states, a special election is required to fill the vacancy within a certain time frame. Of those 14 states, eight allow for an interim gubernatorial appointment. The map below shows U.S. Senate vacancy-filling procedures in each state.
A look at the Pennsylvania primary elections taking place today
Pennsylvania is holding primaries for congressional and state offices today. Let’s look at what voters in the Keystone State can expect to see on their ballots.
- U.S. Senate: Pennsylvanians will elect one member to the U.S. Senate this year. Both the Democratic and Republican primaries are uncontested, meaning Incumbent Sen. Bob Casey, Jr. (D) will face David McCormick (R), the only Republican primary candidate, in the November general election.
- U.S. House: Forty-five candidates, including 25 Democrats and 20 Republicans, are running for Pennsylvania’s 17 U.S. House districts. There are no open districts this year, meaning all incumbents are running for re-election. Seven of these primaries (three Republican and four Democratic) are contested, the lowest number in a decade.
- State Executive offices: Three state executive offices—attorney general, auditor general, and treasurer — are up for election.
- State Legislature: All 203 Pennsylvania seats in the state House and 25 out of the 50 seats in the state Senate are up for election this year. A special election is being held in Pennsylvania House of Representatives District 139 to fill a vacancy. Incumbent Joseph Adams (R) resigned on Feb. 9 because of a medical issue. Pennsylvania has a divided government, meaning neither party has a trifecta. Democrats control the governorship and the state House, while Republicans control the state Senate.
- Local ballot measures: Voters in Philadelphia will consider a ballot question to require the city to provide legal defense of Registered Community Organizations (RCOs) in connection with legal claims made against RCOs due to their direct participation in the zoning variance process.