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Mercedes Yanora

Mercedes Yanora is a staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

New Jersey state Senator Gerald Cardinale dies

New Jersey Sen. Gerald Cardinale (R) passed away on Feb. 20, after being hospitalized with an illness unrelated to COVID-19. The second-longest-serving New Jersey legislator, Cardinale was first elected to Senate District 39 in 1981, serving until his death. Prior to joining the state Senate, Cardinale was a member of the New Jersey General Assembly from 1980 to 1982.  

During his Senate tenure, Cardinale served as deputy majority leader (1994-2001), majority whip (1992-1993), assistant minority leader (1987-1989), and minority whip (1985-1986). He was also a district-level delegate to the 2016 Republican National Convention from New Jersey. Cardinale was one of 51 delegates from New Jersey bound by state party rules to support Donald Trump at the convention. 

If there is a vacancy in the New Jersey Legislature, the vacancy will be filled by an interim appointment by the county leadership of the political party that holds the seat. The office will be on the ballot in the next general election unless the vacancy occurs within 51 days of the election. If that is the case, the appointment would stand until the following general election. This is not the case for Cardinale’s seat, which will be up for election in November 2021.

As of Feb. 23, there have been 27 state legislative vacancies in 20 states during 2021. Ten of those vacancies have been filled. Of the 27 vacancies, 15 are Republican and 12 are Democratic. Democrats have filled seven vacancies, while Republicans have filled three.  

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Arkansas state Senator Jim Hendren leaves Republican Party, becomes an independent

On Feb. 18, Arkansas state Senator Jim Hendren announced he was leaving the Republican Party to become an independent. According to a statement issued by his organization, Common Ground AR, Hendren said, “This comes after many sleepless nights; a lot of serious consideration; and it comes with sadness and disappointment. But it’s clear-eyed. I’m making this decision because my commitment to our state and our country is greater than loyalty to any political party.”

Hendren was first elected to the Arkansas state Senate District 2 as a Republican on Nov. 6, 2012. He was an at-large delegate to the 2016 Republican National Convention from Arkansas, and was one of nine delegates from Arkansas bound by state party rules to support Marco Rubio at the convention. Hendren also served as state Senate president pro tempore from 2019 to 2021. 

As of Feb. 19, six current or former officeholders have switched parties in 2021. Brian Boquist (I-Oregon), Phelps Anderson (I-New Mexico), and Hendren switched from Republican to independent, Vernon Jones (R-Georgia) switched from Democratic to Republican, and Aaron Coleman (D-Kansas) and Brittney Barreras (D-New Mexico) switched from independent to Democratic (Coleman briefly left the Democratic Party to become an independent in January 2021 before switching back at the end of the month). Of the six, two are members of state Senates (Boquist and Hendren), three are members of state Houses (Coleman, Barreras, and Anderson), and one was a member of a state House (Vernon Jones). 

The map below shows the number of party switches by state. The most party switches took place in Mississippi, which had 15 state legislators switch parties since 1994. Thirteen Democrats switched to the Republican party and two Democrats became independents.

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Kansas state Senator Bud Estes dies

On Feb. 13, Kansas Sen. Bud Estes (R) died after being hospitalized with an illness. Estes was first elected to state Senate District 38 in 2016, serving until his death. Before that, Estes was a member of the Kansas House of Representatives, representing District 119 from 2013 to 2017.  

Estes ran for re-election to the Kansas Senate on Nov. 3, 2020, winning with 68.9% of the vote to Edgar Pando’s (D) 31.1%. In addition to his public service, Estes had owned a farm implementation business.

Republican precinct committee members will select Estes’ replacement, with Gov. Laura Kelly (D) officially making the appointment. Since the vacancy occurred before May 1 of the second year of Estes’ term, the appointee will serve until the next general election in November 2022. A special election will then be held for the seat, with the winner serving the remainder of Estes’ term.

As of Feb. 16., there were 28 Republicans, 11 Democrats, and one vacancy in the Kansas state Senate. Kansas has a divided government, and no political party holds a state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.  

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WV court rules in favor of governor’s legislative appointment

On Feb. 9, the Supreme Court of Appeals of West Virginia ruled in favor of Gov. Jim Justice’s (R) appointment to the West Virginia House of Delegates District 19. 

On Jan. 22, the Wayne County Republican Executive Committee nominated Joshua Booth and two others to replace Rep. Derrick Evans (R), who resigned after being charged with entering a restricted public building and violent entry and disorderly conduct on Capitol grounds. Gov. Justice approved the nomination and formally appointed Booth on Jan. 27.

According to West Virginia law, the executive committee of the political party that holds the seat can submit a list of three candidates to the governor in case of a vacancy. On Jan. 13, the Wayne County Republican Executive Committee sent three names to Gov. Justice: Mark Ross, Chad Shaffer, and Jay Marcum.

Justice’s chief of staff, Brian Abraham, told the committee Justice wanted a new list of names because Acting Chairman of the West Virginia Republican Executive Committee Roman Stauffer was not involved in the original nomination process. The second nomination list included Mark Ross, Chad Shaffer, and Joshua Booth. According to the Charleston Gazette-Mail, after Justice formally appointed Booth on Jan. 27, the Wayne County Republican Executive Committee petitioned the state’s court of last resort “to force the governor to choose from the first list of candidates submitted, saying state law doesn’t give the governor discretion to reject the list provided by local party executive committees.” On Feb. 9, the Supreme Court of Appeals of West Virginia heard the case and ruled in favor of Gov. Justice. Booth was sworn in the following day.

As of Feb. 11, there have been 23 state legislative vacancies in 18 states this year. Eight of those vacancies have been filled, with 15 vacancies remaining. Booth is one of three Republicans to fill vacancies from 2021. 

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Arlando Teller leaves Arizona state House for Biden administration

Rep. Arlando Teller (D) resigned from the Arizona House of Representatives on Feb. 1 to join the Biden administration as deputy assistant secretary for tribal affairs at the U.S. Department of Transportation. He represented District 7 from 2019 to 2021. 

Teller most recently won re-election on Nov. 3, 2020. He was one of two candidates elected to the two-seat district, the other being Myron Tsosie (D). Upon resigning, Teller said, “It has been nothing but a pleasure — sincere pleasure working with all of you despite our disagreements, despite our party affiliation. At the end of the day, we have worked for the communities that we represent.”

According to Arizona’s Revised Statutes, state legislative vacancies are filled by the board of county supervisors. However, the political party committee of the last incumbent submits a list to the board of county supervisors who must then choose the new member from the list.

As of Feb. 8, 2021, there have been 23 state legislative vacancies in 18 states this year. Five of those vacancies have been filled, with 18 vacancies remaining. Teller’s vacancy is one of 11 Democratic vacancies to have occurred in 2021. So far, three vacancies have been filled by Democrats, while two have been filled by Republicans.

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Rep. Ronald Wright dies from complications related to COVID-19

Rep. Ronald Wright (R-Texas) passed away from complications related to coronavirus on Feb. 7. He was diagnosed with the disease on Jan. 21. Wright was first elected to Texas’ 6th Congressional District in 2018, serving until his death in 2021. 

Wright ran for re-election to the U.S. House of Representatives on Nov. 3, winning with 52.8% of the vote to Stephen Daniel’s (D) 44%. Prior to joining the U.S. House, Wright served as Tarrant County tax assessor-collector from 2011 to 2017. 

According to Article I, Section 2, Clause 4 of the U.S. Constitution, “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.” As of Feb. 8, two special elections to the U.S. House had been called: Louisiana’s 2nd and 5th Congressional Districts. With Wright’s death, the current partisan breakdown of the U.S. House is 221 Democrats, 210 Republicans, and four vacancies.   

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Heather Steans resigns from Illinois State Senate

Sen. Heather Steans (D) resigned from the Illinois state Senate on Jan. 31. She represented District 7 from 2008 to 2021. 

Steans ran uncontested for re-election on Nov. 3, 2020. According to ABC 7, Steans said she was resigning because “it’s time for fresh faces and new energy…I’ve benefited tremendously from the many perspectives of the people I’ve represented. We’ve made great progress together, and now it’s time to pass the baton.”

If there is a vacancy in the Senate, the Illinois Constitution mandates that the seat must be filled by appointment within 30 days after the vacancy. If a vacancy by a member of the Senate has more than 28 months remaining in the term, the appointment is interim until the next general election and in this case, a special election must be held to fill the balance of the unserved term. All other Senate vacancies should be made by appointment with the person appointed being a member of the same political party that last held the seat. The vacancy must be filled by the respective party organizations covering the legislative district. 

As of Feb. 4, 2021, there have been 22 vacancies in 17 state legislatures this year. Four of those vacancies have been filled, with 18 vacancies remaining. Stean’s vacancy is one of ten Democratic vacancies that have occurred in 2021. So far, two vacancies have been filled by Republicans, while two have been filled by Democrats.  

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January 2021 breakdown of state legislative party membership: 54.27% Republicans, 44.86% Democrats

According to Ballotpedia’s January partisan count of the 7,383 state legislators across the United States, 54.27% of all state legislators are Republicans and 44.86% are Democrats. Ballotpedia did not provide partisan counts for December 2020 because the number and partisan affiliation of state legislators fluctuated as officeholders were sworn in and out of office following the general election.

Ballotpedia tallies the partisan balance of state legislatures at the end of every month. This refers to which political party holds the majority of seats in each chamber. Prior to the general election, Republicans held a majority in 59 chambers and Democrats held a majority in 39 chambers. Alaska’s state House was the only chamber to have a power-sharing agreement between the two parties. Since the election, Republicans control 61 chambers, while Democrats hold 37. As of Jan. 29, control of Alaska’s state House remained undetermined. 

Nationally, the state legislatures include 1,953 state senators and 5,366 state representatives. Democrats hold 864 state Senate seats—losing 10 since November—and 2,448 state House seats, a loss of 117. Republicans hold 4,007 of the 7,383 state legislative seats—1,089 state Senate seats (up five since November) and 2,918 state House seats, an increase of 134. Independent or third-party legislators hold 36 seats, of which 31 are state House seats and five state Senate seats. There are 28 vacant seats.

During the month of January, Democrats saw a net change of -127 seats, while Republicans saw a net change of +139 seats. Democrats gained seats in New York, Massachusetts, Connecticut, and Georgia, while Republicans gained seats in New Hampshire, West Virginia, Ohio, South Carolina, Florida, Kentucky, Arkansas, North Dakota, South Dakota, Montana, Wyoming, Oregon, and Nevada. Both parties gained seats in Vermont and Missouri.  

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Weber County Democrats recommend Rosemary Lesser for Utah House

On Jan. 16, the Weber County Democrats recommended Rosemary Lesser (D) to the Utah House of Representatives to represent District 10. LaWanna Shurtliff (D) formerly held the seat until her death on Dec. 30, 2020. Gov. Spencer Cox (R) approved the nomination, and Lesser was sworn in on Jan. 19. She will complete Shurtliff’s term, which was set to run from Jan. 1, 2021, to Dec. 31, 2022.  

Prior to her appointment, Lesser has served as a laborist with Ogden Clinic since 2015. She has also worked as an OB hospitalist and an obstetrician/gynecologist, both as a civilian and in the U.S. Air Force. Lesser earned a B.S. from the University of Notre Dame and an M.D. from the Uniformed Services University of the Health Sciences.

According to Utah law, the governor is responsible for selecting a replacement. A liaison for the political party that last held the seat must recommend a successor to the governor and the vacancy must be filled immediately. The person who is selected to the vacant seat serves for the remainder of the unfilled term.

Utah is one of six states where the governor appoints a successor by law, but the political party holds the real power of appointment, as opposed to states where the governor is the sole appointer. The other five states are Hawaii, Idaho, Maryland, North Carolina, and West Virginia.

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Gov. Hogan appoints Marlon Amprey to Maryland House of Delegates

On Dec. 29, 2020, the Baltimore City Democratic State Central Committee nominated Marlon Amprey (D) to the Maryland House of Delegates to represent District 40. Gov. Larry Hogan (R) approved the nomination and formally appointed Amprey to the seat on Jan. 6, effective Jan. 13.  

Amprey will succeed Nick Mosby (D), who resigned in December 2020 when he was sworn in as Baltimore City Council president.

The Baltimore City Democratic State Central Committee nominated Amprey on Dec. 29 by a 4-3 vote. Amprey was one of 15 to apply for the position. Prior to his appointment, Amprey worked as an associate with the law firm Cole Schotz P.C. He has also worked as a teacher.

According to Maryland law, the governor has 30 days after a vacancy to make an appointment based on the recommendations of the political party committee that holds the vacant seat. The political party committee has up to 30 days after the vacancy to submit a list of recommended candidates to the governor. If the party committee fails to act within the 30 day deadline, the governor has 15 days to appoint a person from the political party that last held the seat.

In 2020, there were 142 state legislative vacancies in 41 states. As of Jan. 13, 121 of those vacancies have been filled. Amprey is one of 59 Democrats to fill state legislative vacancies from 2020. 

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