CategoryFederal

Mowers wins Republican primary in New Hampshire’s 1st Congressional District

Matt Mowers won the five-candidate Republican primary in New Hampshire’s 1st Congressional District. With 38% of precincts reporting, Mowers had received 61% of the vote and Matt Mayberry was second with 27%.

Mowers has worked as the executive director of the New Hampshire Republican State Committee, an official in the 2016 Trump presidential campaign, and a senior White House advisor in the State Department. He received endorsements from President Donald Trump (R) and U.S. House Minority Leader Kevin McCarthy (R-Calif.).

Mayberry is an Air Force veteran and businessman. He was endorsed by U.S. Rep. Pete King (R-N.Y.) and former Arkansas Gov. Mike Huckabee (R).

Incumbent Chris Pappas (D) was first elected in 2018, defeating Eddie Edwards (R) 54% to 45%. Pappas is seeking re-election and was unopposed in the Democratic primary. The 1st District changed party hands five times between 2006 and 2016.



Messner wins Republican Senate primary in New Hampshire

Bryant “Corky” Messner won the Republican primary for U.S. Senate in New Hampshire. With 66% of precincts reporting, he had received 50% of the vote to Don Bolduc’s 43%. Two others ran.

President Donald Trump (R) and Sen. Rand Paul (R-Ky.) endorsed Messner in the primary. Bolduc had endorsements from Sen. Tom Cotton (R-Ark.) and Rep. Michael Waltz (R-Fla.).

Incumbent Jeanne Shaheen (D) is seeking re-election and won the Democratic primary. She was first elected in 2008 and won re-election in 2014 with 51.5% of the vote to Scott Brown’s (R) 48.2%.



President Trump announces federal judicial nominee to Article I court

On September 2, 2020, President Donald Trump (R) announced his intent to nominate Stephen A. Kubiatowski to a seat on the United States Court of Federal Claims.

Following nomination by the president, a federal judicial nominee completes a questionnaire that is reviewed by the Senate Judiciary Committee. The committee then holds a hearing to question the nominee regarding their judicial philosophy and their previous rulings. The committee also sends the nominee’s home state senators a blue slip, permitting them to express their approval or disapproval of the nominee.

After the hearing, the committee votes to approve or return the nominee. If approved, the nominee is reported to the full Senate for a vote. If returned, the president may renominate the person. If the Senate confirms the nomination, the individual receives commission to serve as a federal judge for a life term. If the individual is not confirmed, they do not become a judge.

There are currently six vacancies on the U.S. Court of Federal Claims, out of the court’s 16 judicial positions.

The U.S. Court of Federal Claims has 10 active Article I judges:
Chief Judge Margaret M. Sweeney – nominated by President George W. Bush (R)
Ryan Holte – nominated by President Donald Trump (R)
Patricia Campbell-Smith – nominated by President Barack Obama (D)
Lydia Kay Griggsby – nominated by President Barack Obama (D)
Elaine Kaplan – nominated by President Barack Obama (D)
Thomas C. Wheeler – nominated by President George W. Bush (R)
Richard Hertling – nominated by President Donald Trump (R)
David A. Tapp – nominated by President Donald Trump (R)
Matthew Solomson – nominated by President Donald Trump (R)

Eleni Roumel – nominated by President Donald Trump (R)

The court’s 11 judges on senior status are:
Edward J. Damich – nominated by President Bill Clinton (D)
Nancy B. Firestone – nominated by President Bill Clinton (D)
Marian Blank Horn – nominated by President George W. Bush (R)
Charles F. Lettow – nominated by President George W. Bush (R)
Susan G. Braden – nominated by President George W. Bush (R)
Mary Ellen Coster Williams – nominated by President George W. Bush (R)
Victor J. Wolski – nominated by President George W. Bush (R)
Robert H. Hodges Jr. – nominated by President George W. Bush (R)
Loren A. Smith – nominated by President Ronald Reagan (R)
John Paul Wiese – nominated by President Ronald Reagan (R)

Eric G. Bruggink  – nominated by President Ronald Reagan (R)

The U.S. Court of Federal Claims is an Article I tribunal, a federal court organized under Article One of the United States Constitution. The court hears claims against the U.S. government. Judgments of the court may be appealed to the Federal Circuit.

The court has jurisdiction over claims across the United States for over $10,000 and congruent jurisdiction with the United States District Courts on claims under $10,000.

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3,169 major party candidates filed for 2020 Congress elections

As of September 7, 3,169 major party candidates have filed to run for the Senate and House of Representatives in 2020.

So far, 519 candidates are filed with the Federal Election Commission (FEC) to run for U.S. Senate. Of those, 402—199 Democrats and 203 Republicans—are from one of the two major political parties. In 2018, 527 candidates filed with the FEC to run for U.S. Senate, including 137 Democrats and 240 Republicans.

For U.S. House, 3,263 candidates have filed with the FEC to run. Of those, 2,767—1,291 Democrats and 1,476 Republicans—are from one of the two major political parties. In 2018, 3,244 candidates filed with the FEC, including 1,566 Democrats and 1,155 Republicans.

Thirty-seven members of the U.S. House are not seeking re-election in 2020. That includes 27 Republicans, nine Democrats, and one Libertarian. Four senators (three Republicans and one Democrat) are not running for re-election. In 2018, 55 total members of Congress—18 Democrats and 37 Republicans—did not seek re-election.

On November 3, 2020, 35 Senate seats and all 435 House seats are up for election. Of those Senate seats, 33 are regularly scheduled elections, while the other two are special elections in Arizona and Georgia. Twelve are Democratic-held seats and 23 are Republican-held seats. In the House, Democrats currently hold a majority with 232 seats.

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Federal Register weekly update: 2020 page total tops 55,000 pages

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity.

From August 31 to September 4, the Federal Register grew by 1,714 pages for a year-to-date total of 55,358 pages. Over the same period in 2019 and 2018, the Federal Register reached 47,114 pages and 45,543 pages, respectively. As of September 4, the 2020 total led the 2019 total by 8,244 pages and the 2018 total by 9,815 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 588 documents:

• 474 notices
• six presidential documents
• 39 proposed rules
• 69 final rules

One final rule concerning covered brokers and dealers under the Dodd Frank Act was deemed significant under E.O. 12866—meaning that it could have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Trump administration in 2020 has issued 24 significant proposed rules, 49 significant final rules, and one significant notice as of September 4.

Not all rules issued by the Trump administration are regulatory actions. Some rules are deregulatory actions pursuant to President Trump’s (R) Executive Order 13771, which requires federal agencies to eliminate two old significant regulations for each new significant regulation issued.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2019, 2018, and 2017: Changes to the Federal Register

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Click here to find yearly information about additions to the Federal Register from 1936 to 2018: Historical additions to the Federal Register, 1936-2018


New Hampshire, Rhode Island holding primaries September 8

New Hampshire and Rhode Island are holding statewide primaries on September 8, 2020. Candidates are running in elections for the following offices in each state:

New Hampshire
• U.S. Senate (1 seat)
• U.S. House (2 seats)
• Governor
• Executive Council (5 seats)
• State Senate (24 seats)

• State House of Representatives (400 seats)

Rhode Island
• U.S. Senate (1 seat)
• U.S. House (2 seats)
• State Senate (38 seats)

• State House of Representatives (75 seats)

Candidates in the primary are competing to advance to the general election scheduled for November 3, 2020.

Entering the 2020 election, the U.S. Senate has 45 Democrats, 53 Republicans, and two independents who caucus with the Democratic Party. Only 35 out of 100 Senate seats are up for election. A majority in the chamber requires 51 seats. The U.S. House has 232 Democrats, 198 Republicans, one Libertarian, and four vacancies. All 435 seats are up for election. A majority in the chamber requires 218 seats.

New Hampshire has a divided government, meaning no political party holds a state government trifecta. Rhode Island has a Democratic state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

New Hampshire and Rhode Island are the 47th and 48th primaries to take place in the 2020 election cycle. The next primary is on September 15 in Delaware.

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OIRA reviewed 64 significant rules in August

The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 64 significant regulatory actions issued by federal agencies in August 2020. The agency approved eight rules without changes and approved the intent of 51 rules while recommending changes to their content. Agencies withdrew five rules from the review process.

OIRA reviewed 49 significant regulatory actions in August 2019, 35 significant regulatory actions in August 2018, and 12 significant regulatory actions in August 2017. During the Obama administration from 2009-2016, OIRA reviewed an average of 53 significant regulatory actions each August.

OIRA has reviewed a total of 427 significant rules so far in 2020. The agency reviewed a total of 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of September 2, 2020, OIRA’s website listed 120 regulatory actions under review.

OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, with the exception of independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. These regulatory actions may also conflict with other regulations or with the priorities of the president.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, visit:

Completed OIRA review of federal administrative agency rules

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Incumbent Neal wins Democratic nomination in Massachusetts’ 1st Congressional District

Incumbent U.S. Rep. Richard Neal defeated Alex Morse in the Democratic primary in Massachusetts’ 1st Congressional District. With 87% of precincts reporting, Neal received 59.1% of the vote to Morse’s 40.9%.

Neal was first elected in 1988 and has served as chairman of the House Ways and Means Committee since 2019. He cited addressing coronavirus and its impact on the economy as key issues in the race. Morse is the mayor of Holyoke. He was first elected in 2012. In a Candidate Connection survey he submitted to Ballotpedia, he said, “For too long, our government has worked for the rich and the well-connected, and not so well for everyday people.”

Neal received endorsements from House Speaker Nancy Pelosi (D-Calif.), the late Rep. John Lewis (D-Ga.), and the American Federation of Teachers during the primary.

No Republicans are running for the seat, meaning Neal will face independent Frederick Mayock in the general election. Neal previously faced Mayock in 2016, receiving 73% of the vote to Mayock’s 18%.



Markey defeats Kennedy in the Democratic primary for U.S. Senate in Massachusetts

Incumbent U.S. Sen. Ed Markey defeated U.S. Rep. Joe Kennedy in the Democratic primary for the U.S. Senate in Massachusetts. With 82% of the precincts reporting, Markey had received 55.6% of the vote to Kennedy’s 44.5%.

Markey served in the U.S. House from 1976 until he was elected to the Senate in a 2013 special election after John Kerry was confirmed as Secretary of State. Markey went on to win a full term in 2014. Throughout the campaign, he highlighted his legislative record such as his co-sponsorship of Sen. Bernie Sanders’ (I-Vt.) Medicare for All bill and co-authorship of Rep. Alexandria Ocasio-Cortez’s (D-N.Y.) Green New Deal.

Markey received endorsements from Ocasio-Cortez, U.S. Sen. Elizabeth Warren (D-Mass.), the Democratic Senatorial Campaign Committee, and the Working Families Party.

Markey will face Kevin O’Connor (R) in the general election. Markey was most recently re-elected in 2014 with 59% of the vote. The most recent time Massachusetts elected a Republican to the U.S. Senate was 2010 when Scott Brown (R) won a special election with 52% of the vote.



Ballotpedia releases federal judicial vacancy count for August 2020

In this month’s federal judicial vacancy count, Ballotpedia tracked nominations, confirmations, and vacancies to all United States Article III federal courts from August 3, 2020, to September 1, 2020. Ballotpedia publishes the federal judicial vacancy count at the start of each month.

HIGHLIGHTS

Vacancies: There have been no new judicial vacancies since the July 2020 report. There are 72 vacancies out of 870 active Article III judicial positions on courts covered in this report. Including the United States Court of Federal Claims and the United States territorial courts, 78 of 890 active federal judicial positions are vacant.
Nominations: There have been five new nominations since the July 2020 report.

Confirmations: There has been one new confirmation since the July 2020 report.

 

New vacancies

There were 72 vacancies out of 870 active Article III judicial positions, a total vacancy percentage of 8.3.

• The nine-member U.S. Supreme Court does not have any vacancies.
• None of the 179 U.S. Appeals Court positions are vacant.
• 70 (10.3%) of the 677 U.S. District Court positions are vacant.

• Two (22.2%) of the nine U.S. Court of International Trade positions are vacant.

A vacancy occurs when a judge resigns, retires, takes senior status, or passes away. Article III judges, who serve on courts authorized by Article III of the U.S. Constitution, are appointed for life terms.

No judges left active status, creating Article III life-term judicial vacancies, since the previous vacancy count. As Article III judicial positions, vacancies must be filled by a nomination from the president. Nominations are subject to confirmation on the advice and consent of the U.S. Senate.

U.S. Court of Appeals vacancies

The following chart tracks the number of vacancies on the United States Court of Appeals from the inauguration of President Donald Trump (R) to the date indicated on the chart.

The following maps show the number of vacancies on the United States Court of Appeals at Trump’s inauguration and as of September 1, 2020.

New nominations

President Donald Trump (R) has announced five new nominations since the July 2020 report.
• Kathryn Kimball Mizelle, to the United States District Court for the Middle District of Florida.
• Benjamin Beaton, to the United States District Court for the Western District of Kentucky.
• Hector Gonzalez, to the United States District Court for the Eastern District of New York.
• Ryan McAllister, to the United States District Court for the Northern District of New York.

• David Woll, to the United States District Court for the Eastern District of New York.

New confirmations

Since August 3, 2020, the United States Senate has confirmed one of President Trump’s nominees to an Article III seat.

• John Cronan, confirmed to the United States District Court for the Southern District of New York.

As of September 1, 2020, the Senate has confirmed 203 of President Trump’s judicial nominees—146 district court judges, 53 appeals court judges, two Court of International Trade judges, and two Supreme Court justices—since January 2017.

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