Ballotpedia staff

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Hawaii (Democratic trifecta): Gov. David Ige (D) released a list of eight organizations that will be able to administer the coronavirus tests required for interisland travelers to avoid the 14-day mandatory self-quarantine.

• Iowa (Republican trifecta): On Friday, Oct. 16, Gov. Kim Reynolds (R) signed an order extending the statewide emergency through Nov. 15. The emergency order includes the state’s COVID-19 restrictions, including a new provision requiring bars and restaurants to keep customers seated and to maintain 6 feet of distance between groups.

• Maryland (divided government): On Monday, Oct. 19, Gov. Larry Hogan (R) announced the creation of the Maryland Farmer COVID-19 Relief Program, which will offer $10 million in relief to Maryland farmers.

• Massachusetts (divided government): The statewide moratorium on evictions expired Saturday, Oct. 17, after Gov. Charlie Baker (R) said he would not extend it.

• Michigan (divided government): On Friday, Oct. 16, Gov. Gretchen Whitmer (D) signed Senate Bill 1108, which makes permanent an executive order that allows public bodies to conduct public meetings remotely during the pandemic.

• Minnesota (divided government): On Monday, Oct. 19, Gov. Tim Walz (D) announced $7.7 million in federal CARES Act support to farmers, agricultural producers, and meat processors.
• New York (Democratic trifecta): Gov. Andrew Cuomo (D) announced movie theaters can reopen at 25% capacity everywhere except New York City if a county’s positivity rate is below 2% on a 14-day rolling average, starting Oct. 23. Cuomo also said ski resorts can reopen starting Nov. 6.
• Wisconsin (divided government): On Monday, Oct. 19, Judge James Babler allowed Gov. Tony Evers’ Oct. 6 order limiting public gatherings in bars and restaurants to go into effect, overturning a court ruling last week that blocked enforcement of the order while the case was being litigated. The Tavern League of Wisconsin, which filed the lawsuit along with two bars, said it would not appeal the decision.

Daily feature: Face coverings

We last looked at face coverings in the Oct. 12 edition of the newsletter. Since then, no states have adopted a new statewide public mask mandate or let a face-covering requirement expire.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Oct. 16, three Oregon state lawmakers and a local businessman filed suit in Multnomah County Circuit Court against Gov. Kate Brown (D), alleging the governor’s stay-at-home orders and business closures exceeded her authority. The plaintiffs – state Reps. Werner Reschke (R) and Mike Nearman (R), state Sen. Dennis Linthicum (R), and Washington County businessman Neil Ruggles – argue that Brown “has arrogated unto herself legislative powers of sweeping scope to reorder social life and destroy the livelihoods of residents across the state, which powers are reserved exclusively for the Legislative Assembly by the Oregon Constitution.” The plaintiffs are seeking an injunction blocking Brown’s state-of-emergency declaration and any rules emanating from it, as well as a judgment settling their state constitutional claims. Charles Boyle, a representative for Brown, said, “The governor is focused on implementing measures to keep Oregonians healthy and safe, based on the advice of doctors and health experts and what the data shows will limit the spread of Covid-19.”

The next 72 hours

What is changing in the next 72 hours?

• Massachusetts (divided government): The statewide moratorium on evictions is scheduled to expire Saturday, Oct. 17. Gov. Charlie Baker (R) said he would not extend it.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Georgia (Republican trifecta): On Thursday, Oct. 15, Gov. Brian Kemp (R) extended the executive order outlining the state’s coronavirus restrictions through Oct. 31. The order includes requirements for businesses, including bars and restaurants, and a cap on gatherings larger than 50 people where social distancing can’t be followed.

• Illinois (Democratic trifecta): The Illinois Department of Public Health added eight more counties to the state’s warning level classification, bringing the total number of warning-level counties to 34. The state uses the classification system to identify counties that may need additional mitigation measures.

• Nebraska (Republican trifecta): On Friday, Oct. 16, Gov. Pete Ricketts (R) said new restrictions would take effect statewide on Oct. 21 in response to increasing coronavirus-related hospitalizations. Restrictions include a reduction in the indoor gatherings limit from 75% capacity to 50%, and a requirement that restaurants and bar patrons remain seated unless ordering, going to the bathroom, or playing a game.

• New Mexico (Democratic trifecta): Gov. Michelle Lujan Grisham (D) added additional restrictions to the state’s public health order, effective Oct. 16. Bars and restaurants that serve alcohol have to close by 10 p.m. every evening, and gatherings are limited to a maximum of five individuals.Travelers from states with COVID-19 positivity rates exceeding 5% can no longer present a recent negative coronavirus test to avoid New Mexico’s 14-day self-quarantine requirement. Health Secretary Kathyleen Kunkel extended the state’s stay-at-home order through Nov. 13.
• North Dakota (Republican trifecta): On Wednesday, Oct. 14, Gov. Doug Burgum (R) announced he would move 16 counties into the “high risk” category on Oct. 16 at 5:00 p.m. due to a spike in coronavirus cases. Bars, restaurants, and large venues in “high risk” areas are advised to cap capacity at 25% or 50 people in total.
• Oregon (Democratic trifecta): Gov. Kate Brown (D) announced Lane County was added to the state’s County Watch List.
• Vermont (divided government): On Thursday, Oct. 15, Gov. Phil Scott (R) extended the state of emergency through Nov. 15.

Daily feature: Travel restrictions

Every Friday, we take a closer look at the restrictions governors and state agencies have placed on interstate travelers, including a recap of the week’s travel-related news. To see our full coverage of travel restrictions enacted in response to the coronavirus pandemic, click here.

Overview

To date, 25 states issued at least one executive order restricting interstate travel. Of the 25 executive orders governors or state agencies issued restricting out-of-state visitors, at least 14 have been rescinded. Eleven states have active travel restrictions.

Weekly recap

• On Oct. 15, Hawaii’s pre-travel testing program went into effect, allowing visitors to avoid a 14-day quarantine requirement if they can present a negative COVID-19 test taken within 72 hours of arrival. Travelers who test positive or whose results are pending will need to quarantine.
• On Oct. 14, the Ohio Department of Health updated its travel advisory to include travelers from Indiana. The advisory asks visitors from states reporting positive testing rates of 15% or higher to self-quarantine for two weeks.
• On Oct. 13, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Michigan, Virginia, and Ohio had been added to the tristate quarantine list. The list includes 38 states and territories.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Oct. 15, Judge Edward Scott of Florida’s Marion County Circuit Court declined to block President Donald Trump (R) from holding a campaign rally at the Ocala International Airport on Oct. 16. Chanae Jackson, a Marion County resident whose two teenage children had been diagnosed with Covid-19, filed suit against Trump’s campaign on Oct. 14, alleging “her family cannot afford to experience Covid-19 again.” Jackson alleged “Trump’s appearance while infected – in defiance of his own experts’ guidance – will embolden hundreds of his supporters to attend unmasked and undistanced.” In his ruling, Scott ruled Jackson had failed to meet the standard for issuance of an injunction, writing that “a prospective injury must be more than a remote possibility.” Trump’s campaign did not comment on the lawsuit, and the event was expected to proceed as planned.

The next 24 hours

What is changing in the next 24 hours?

• New Mexico (Democratic trifecta): The state’s stay-at-home order is scheduled to expire at 11:59 p.m. MT on Oct. 16. We will provide an update if the order is extended in a future edition.

• North Dakota (Republican trifecta): On Wednesday, Oct. 14, Gov. Doug Burgum (R) announced that he would move 16 counties into the “high risk” category on Oct. 16 at 5:00 p.m. due to a spike in coronavirus cases. Bars, restaurants, and large venues in “high risk” areas are advised to cap capacity at 25% or 50 people in total.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Connecticut (Democratic trifecta): Gov. Ned Lamont issued an executive order allowing towns to opt out of Phase 3 and remain in the more restrictive Phase 2 of the state’s reopening plan if they have more than 15 coronavirus cases per 100,000 people over a two-week rolling average.

• Hawaii (Democratic trifecta): Starting Oct. 15, travelers to the state can present a negative COVID-19 test upon arrival and avoid the 14-day self-quarantine requirement. The tests need to have been taken within 72 hours of when travelers arrive on the islands. Gov. David Ige (D) extended the state’s coronavirus emergency through Nov. 30.

• Idaho (Republican trifecta): Gov. Brad Little (R) announced the state will remain in Phase Four for at least two more weeks. Idaho entered Phase Four on June 13.

• Nevada (Democratic trifecta): On Oct. 15, Gov. Steve Sisolak (D) allowed the statewide moratorium on evictions to expire.

• New Hampshire (divided government): On Thursday, Oct. 15, Gov. Chris Sununu (R) announced he was banning hockey and skating events for two weeks after a rash of coronavirus cases connected to ice sports.

• Ohio (Republican trifecta): The Department of Health updated its travel advisory on Wednesday, Oct. 14, to include travelers from Indiana. The advisory asks visitors from states reporting positive testing rates of 15% or higher to self-quarantine for two weeks.

• Rhode Island (Democratic trifecta): Gov. Gina Raimondo (D) issued an executive order requiring businesses to close break rooms for 90 days.

Daily feature: Featured lawsuit

Once a week, we take a closer look at a noteworthy lawsuit involving governmental responses to the COVID-19 outbreak in the United States. We define a noteworthy lawsuit as one that has garnered significant media attention, involves major advocacy groups, or deals with unique legal questions. This week, we look at a lawsuit involving indoor capacity restrictions in Wisconsin.

Tavern League of Wisconsin, Inc. v. Palm

On Oct. 14, Judge John M. Yackel of Wisconsin’s Sawyer County Circuit Court temporarily blocked emergency indoor capacity restrictions issued in response to an uptick in statewide COVID-19 infections.

What was at issue?

Upon Gov. Tony Evers’ (D) direction, Wisconsin Health Secretary Andrea Palm issued Emergency Order #3, limiting indoor public gatherings to no more than 25% capacity, with certain limitations. In its complaint, the Tavern League of Wisconsin argued Executive Order #3 “purports to regulate businesses and public gatherings in a manner nearly identical to portions of Emergency Order #28,” which the Wisconsin Supreme Court struck down on May 13.

How did the court rule, and what comes next?

In his order, Yackel wrote that Evers and his administration “are immediately restrained, until further order from the Court, from enforcing Emergency Order #3.” Britt Cudaback, a representative for Evers, said: “This is a dangerous decision that leaves our state without a statewide effort to contain this virus.”

Yackel scheduled oral arguments for Oct. 19 to discuss whether the temporary injunction should be lifted or extended.

The next 24 hours

What is changing in the next 24 hours?

• Hawaii (Democratic trifecta): Starting Oct. 15, travelers to the state can present a negative COVID-19 test upon arrival and avoid the 14-day quarantine requirement. The tests will need to have been taken within 72 hours of when travelers arrive on the islands. Gov. David Ige (D) extended the state’s coronavirus emergency period through Nov. 30.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Indiana (Republican trifecta): On Wednesday, Oct. 14, Gov. Eric Holcomb (R) announced that the state would stay in Stage 5 of reopening for another month and that the statewide mask mandate would continue.

• New Mexico (Democratic trifecta): Gov. Michelle Lujan Grisham (D) announced she will add additional restrictions to the state’s public health order starting Oct. 16. Bars and restaurants that serve alcohol will have to close by 10 p.m. every evening, and gatherings will be limited to a maximum of five individuals. Travelers from states with COVID-19 positivity rates exceeding 5% will not be able to avoid New Mexico’s 14-day self-quarantine requirement by presenting a recent negative coronavirus test.

• Ohio (Republican trifecta): On Wednesday, Oct. 14, Gov. Mike DeWine (R) signed a bill making permanent a provision allowing restaurants to sell to-go alcoholic beverages. The law went into effect immediately.  Restaurants were allowed to offer to-go alcoholic beverages earlier in the year on a temporary basis to help them stay afloat while the state was under a stay-at-home order.

• Texas (Republican trifecta): On Wednesday, Oct. 14, Gov. Greg Abbott (R) announced the Texas Education Agency (TEA) and the Texas Division of Emergency Management have partnered to pilot a program for COVID-19 rapid testing in eight school systems.

• Washington (Democratic trifecta): On Tuesday, Oct. 13, Gov. Jay Inslee (D) announced that he would ease restrictions in five counties, allowing them to advance to Phase 2 of the reopening plan.

• Wisconsin (divided government): On Wednesday, Oct. 14, Sawyer County Judge John Yackel blocked enforcement of Gov. Tony Evers’s (D) order restricting indoor gatherings while a lawsuit filed by Wisconsin restaurants and bars is litigated. Yackel’s decision requires attorneys for Health Services Secretary Andrea Palm to appear in court on Oct. 19 to argue why the order restricting gatherings should be enforced, pending a conclusion to the lawsuit.

Daily feature: The 1918 influenza pandemic

Every Wednesday, we feature a newspaper story written during the 1918 influenza pandemic that illustrates how the country contended with a national health emergency in the midst of an election year. To see more stories from 1918, click here.

On Sept. 30, the Philadelphia Evening Bulletin reported on the debate in New Jersey over closing schools in the midst of the influenza pandemic.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Oct. 1, Judge Susan Paradise Baxter, of the U.S. District Court for the Western District of Pennsylvania, dismissed a claim by four student-athletes who were refused entry to a golf tournament administered by the Pennsylvania Interscholastic Athletic Association (PIAA). The plaintiffs alleged that eight days before the tournament, the PIAA “arbitrarily and capriciously reduced the number of qualifiers.” The students argued that “the reduction of numbers has no quantifiable relationship on the spread of Covid-19 as it relates to outdoor activities such as golf.” They asked the court to order the PIAA to allow them to participate in the tournament. Baxter denied that request, writing in her opinion, “It is not the court’s job to decide the better course, but to ensure the one taken was not arbitrary and capricious, or for a wrongful purpose. Although the decision was a painful one for the plaintiffs, it was done with a rational basis and passes muster under the law.” Baxter was appointed to the court by President Donald Trump (R).

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• California (Democratic trifecta): The state released guidelines that permit individuals from up to three households to gather privately.

• Colorado (Democratic trifecta): Gov. Jared Polis (D) extended the state’s public mask requirement for another 30 days.

• Maine (Democratic trifecta): The state will enter Stage 4 of reopening starting Oct. 13. Stage 4 will allow indoor activities and businesses like restaurants, movie theaters, and religious gatherings to expand operations to 50% capacity or up to 100 people (whichever is less). The order also requires masks in municipal buildings and private schools and expands enforcement of the face-covering mandate. Gov. Janet Mills (D) said the state was targeting Nov. 2 for bars and tasting rooms to resume indoor service.

• New Hampshire (divided government): On Tuesday, Oct. 13, Superior Court Judge David Anderson ruled Gov. Chris Sununu (R) was not required to obtain the legislature’s approval to spend federal dollars in response to the coronavirus pandemic. Democratic legislative leaders filed the lawsuit, alleging that Gov. Sununu did not have the authority to unilaterally spend CARES Act funds.

• New Jersey (Democratic trifecta): Gov. Phil Murphy (D) signed an executive order allowing state-classified medium- and high-risk sports practices and competitions (like hockey, basketball, and cheerleading) to resume in indoor venues with capacity limits.

• Utah (Republican trifecta): On Tuesday, Oct. 13, Gov. Gary Herbert (R) announced the state was replacing the color-coded reopening guidance system with a three-tiered system focused on transmission rates. Counties will be classified as high, moderate, or low depending on COVID-19 spread, and will only be allowed to move to a lower level after 14 days.

• West Virginia (Republican trifecta): Bars in Morgantown, where West Virginia University is located, can reopen on Oct. 13. Gov. Jim Justice (R) ordered bars closed in the area on Sept. 2.

Daily feature: Schools

All 50 states closed schools to in-person instruction at some point during the 2019-2020 academic year. Beginning in May 2020, schools in certain states began to reopen. In which states are schools allowed to open? In which states are they ordered to remain closed?

The current status of school reopenings is as follows:

• Washington, D.C., has a district-ordered school closure.
  • 2016-17 enrollment: 85,850 students (0.17% of students nationwide)
• Seven states (Calif., Del., Hawaii, N.C., N.M., Ore., W.V.) have state-ordered regional school closures, require closures for certain grade levels, or allow hybrid instruction only.
  • 2016-17 enrollment: 9,366,079 students (18.51% of students nationwide)
• Four states (Ark., Fla.*, Iowa, Texas) have state-ordered in-person instruction.
  • 2016-17 enrollment: 9,180,918 students (18.15% of students nationwide)
  • *Note: Three counties in South Florida are not at the same phase of reopening as the rest of the state and the emergency order to reopen schools does not affect them.
• Thirty-nine states have reopenings that vary by school or district.
  • 2016-17 enrollment: 31,955,012 students (63.17% of students nationwide)

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Oct. 8, New York officials closed a Brooklyn law firm after an increase in Covid-19 infection rates near its office. The law firm sued Gov. Andrew Cuomo (D) and New York City Mayor Bill DeBlasio (D) in the U.S. District Court for the Eastern District of New York. The firm, which is in an area deemed a “red-zone” under the state’s “cluster action initiative,” alleges there is “no scientific or other rational basis” for classifying certain parts of the state in this manner. The suit “seeks recovery for deprivations sustained by Plaintiff, and for violations committed by Defendants while acting under color of state law against Plaintiff’s rights and privileges guaranteed by” the U.S. Constitution. In a statement, Richard Azzopardi, a representative for Gov. Cuomo, said, “We’re focused on breaking this cluster and saving lives. Being unhappy is better than being sick or dead.” The case has not yet been assigned to a judge.

The next 24 hours

What is changing in the next 24 hours?

• Maine (Democratic trifecta): The state will enter Stage 4 of reopening starting Oct. 13. Stage 4 will allow indoor activities and businesses like restaurants, movie theaters, and religious gatherings to expand operations to 50% capacity or up to 100 people (whichever is less). The order also requires masks in municipal buildings and private schools and expands enforcement of the face-covering mandate. Gov. Janet Mills (D) said the state was targeting Nov. 2 for bars and tasting rooms to resume indoor service.

• West Virginia (Republican trifecta): Bars in Morgantown, where West Virginia University is located, can reopen on Oct. 13. Gov. Jim Justice (R) ordered bars closed in the area on Sept. 2.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here.

• Michigan (divided government): On Monday, Oct. 12, the Michigan Supreme Court voted 6-1 to deny Gov. Gretchen Whitmer’s (D) request to delay enforcing its Oct. 2 decision that found her emergency powers used in response to the coronavirus pandemic were unconstitutional. Whitmer had asked the court to delay its decision for 28 days so her administration could negotiate new restrictions with the legislature.

• Minnesota (divided government): On Monday, Oct. 12, Gov. Tim Walz (D) issued an order extending the statewide emergency through Nov. 12.

• Ohio (Republican trifecta): Effective Monday, Oct. 12, nursing homes are allowed to resume indoor visitations if they choose. Facilities that resume visitations are required to screen visitors and report their names to state authorities. Only two visitors are allowed at a time for a maximum of 30 minutes.

• Oregon (Democratic trifecta): Gov. Kate Brown (D) announced Umatilla County was added to the state’s County Watch List.

• New Hampshire (divided government): On Oct. 9, Gov. Chris Sununu (R) extended the state’s coronavirus emergency order an additional 21 days.

• Wisconsin (divided government): On Monday, Oct. 12, St. Croix County Circuit Judge R. Michael Waterman ruled that Gov. Tony Evers (D) had not exceeded his authority when he issued a mandate requiring face coverings in enclosed spaces.

Daily feature: Face coverings

We last looked at face coverings in the Oct. 5 edition of the newsletter. Since then, no new states have adopted a statewide public mask mandate or let a face-covering requirement expire.

Additional activity

In this section, we feature examples of other federal, state, and local government activity, private industry responses, and lawsuits related to the pandemic.

• On Oct. 8, the Georgia Association of Educators (GAE), the state’s largest teachers’ union, sued Gov. Brian Kemp (R) and other state officials in Fulton County Superior Court. The GAE is seeking a court order that would require the state to issue statewide school reopening plans that are “reasonably calculated to ensure that schools operate safely in the midst of the COVID-19 pandemic and consistent with the guidelines issued by recognized public health authorities such as the CDC.” The GAE alleges that Kemp’s delegation of reopening protocols to local districts constitutes a failure to provide an adequate public education as required under the Georgia Constitution. Georgia State Superintendent Richard Woods, who is a defendant in the case, said, “Unlike several states, Georgia schools retain the authority to remain fully virtual instead of being required to offer in-person instruction.”