CategoryNewsletters

Four states implement new mask requirements for both vaccinated and unvaccinated

By Dave Beaudoin
In Newsletters
September 9, 2021 at 6:57 AM

Welcome to the Thursday, September 9, Brew. Here’s what’s in store for you as you start your day:

  1. Four more states implement universal indoor mask requirements
  2. Redistricting Roundup: Colorado redistricting commission releases new proposed congressional maps
  3. MA attorney general clears 17 ballot initiatives for signature gathering

Four additional states implement universal indoor mask requirements

In the past 30 days, four states—Illinois, New Mexico, Oregon, and Washington—have implemented new indoor mask requirements for both vaccinated and unvaccinated individuals. All four states are Democratic trifectas with Democrats holding the governorship and majorities in the state senate and state house.

  • In Illinois, Gov. J.B. Pritzker (D) announced the universal indoor mask requirement on Aug. 26, and the policy took effect on Aug. 30. Illinois had previously lifted its mask requirement, which lasted 407 days between May 1, 2020, and June 11, 2021.
  • Oregon Gov. Kate Brown (D) announced an indoor mask requirement for vaccinated and unvaccinated individuals on Aug. 11 and an outdoor mask requirement for vaccinated and unvaccinated individuals on Aug. 24. The orders took effect on Aug. 13 and Aug. 27, respectively. Oregon had previously lifted its mask requirement, which lasted for 365 days between July 1, 2020, and June 30, 2021.
  • On Aug. 17, New Mexico Gov. Michelle Lujan Grisham (D) also announced an indoor mask requirement for both vaccinated and unvaccinated individuals. It took effect on Aug. 20. Previously, New Mexico had an indoor mask requirement in place only for unvaccinated individuals. It had lifted the requirement for vaccinated individuals on May 14, 2021
  • In Washington, an indoor mask requirement for vaccinated and unvaccinated individuals took effect on Aug. 23. Gov. Jay Inslee (D) announced the policy on Aug. 18. The requirement does not apply to small gatherings or office environments where everyone is vaccinated and interaction with the public is rare or while working alone. Inslee previously lifted the indoor mask requirement for vaccinated individuals on May 13, 2021.

Across the country, three states currently have statewide mask orders for unvaccinated individuals, and seven states have statewide mask orders for vaccinated and unvaccinated individuals. All 10 of the states have Democratic governors.

In total, 39 states have issued statewide mask requirements. Thirty-two states—16 states with Republican governors and 16 states with Democratic governors—have allowed statewide orders to expire. Three states—Louisiana, Oregon, and Illinois—allowed a statewide order to fully expire and later reinstated a mask order.

Keep reading

Redistricting Roundup: Colorado redistricting commission releases new proposed congressional maps

Colorado: The Colorado Independent Redistricting Commission staff released a proposed congressional district map on Sept. 3. This is the first proposed map the commission released since the U.S. Census Bureau distributed block-level data from the 2020 census to states on Aug. 12. The commission is holding public hearings about the newly released maps during the week of Sept. 7. 

The Colorado Supreme Court previously ordered on July 26 that the Commission submit final congressional redistricting plans for approval no later than Oct. 1. Colorado was apportioned eight seats in the U.S. House of Representatives after the 2020 census—a net gain of one seat for the state.

Connecticut: The Connecticut General Assembly Reapportionment Committee will not create congressional and state legislative district maps by the state’s constitutional deadline of Sept. 15, according to The CT Mirror. If the deadline is not met, redistricting in Connecticut will be decided by a nine-member backup commission consisting of eight members appointed by the majority and minority leaders of each chamber of the legislature and a ninth member selected by the eight appointed commission members. Maps determined by the backup commission are not subject to legislative approval. Connecticut previously used this process in 2011 after the committee did not meet the deadline that year. 

Iowa: The Iowa Temporary Redistricting Advisory Commission announced it would release the first draft of proposed state legislative district maps on Sept. 16. The Iowa Constitution states that the Iowa Supreme Court has responsibility for legislative redistricting if the general assembly doesn’t enact new maps before Sept. 15. In April, the Iowa Supreme Court released a statement saying that “the supreme court tentatively plans to meet its constitutional responsibility by implementing a process which permits, to the extent possible, the redistricting framework…to proceed after September 15.”

Texas: Gov. Greg Abbott (R) announced on Sept. 7 that he was calling a special session of the state legislature to address redistricting and other issues beginning Sept. 20.

Two Democratic state senators filed a lawsuit in federal district court on Sept. 1 arguing that the legislature cannot legally redraw district maps during a special session since the Texas Constitution requires lawmakers to begin the process after the “first regular session after the publication of each United States decennial census.” The lawsuit asks the court to draw interim maps until the state’s next regular legislative session in January 2023.

Keep reading 

MA attorney general clears 17 ballot initiatives for signature gathering

On Sept. 1, Massachusetts Attorney General Maura Healey (D) announced that 17 ballot initiatives of the 30 filed were cleared for signature gathering. The 17 initiatives included 16 initiated state statutes aiming for the 2022 ballot and one initiated constitutional amendment that would appear on the 2024 ballot.

The initiatives cleared for signature gathering address the following issues:

  1. Changes to alcohol retail licensing,
  2. Compensation of chief executive officers of hospitals,
  3. Hospital operating margin limits,
  4. App-based drivers’ employment classification,
  5. Voter identification,
  6. Hate crimes against first responders,
  7. Commercial retail of fireworks,
  8. Whale and sea turtle safe fishing gear,
  9. Gasoline supply,
  10. Sale of discounted alcoholic beverages,
  11. Corporate tax disclosures,
  12. Right to counsel in eviction proceedings, 
  13. Tax credits for individuals who buy zero-emission vehicles, home heating systems, and home solar-powered electricity, and
  14. No-excuse absentee voting.

In Massachusetts, the number of signatures required to qualify an indirect initiated state statute for the ballot is equal to 3.5% of the votes cast for governor in the most recent gubernatorial election. No more than one-quarter of the verified signatures on any petition can come from a single county. The process for initiated state statutes in Massachusetts is indirect, which means the legislature has a chance to approve initiatives for which enough signatures are collected without the measure going to the voters. In Massachusetts, signatures for initiated state statutes are collected in two rounds.

The deadline to submit the first round of signatures to the secretary of state is Dec. 1, 2021. Prior to submitting signatures to the secretary of state, the signatures need to be submitted to local registrars by Nov. 17, 2021. If the legislature does not adopt the proposed law by May 4, 2022, petitioners then have until July 6, 2022, to request additional petition forms and submit the second round of signatures.

Proposed constitutional amendments have just one round of signature gathering with the same requirement and deadline as the first round for statutes. If enough signatures are submitted by the deadline, the initiative goes to the legislature, where 25% of all legislators, with senators and representatives voting jointly, must approve the amendment in two successive sessions. If this requirement is met, the initiative goes on the ballot at the next general election. Because of this unique requirement, the earliest an initiated constitutional amendment can reach the ballot is two years following signature submission.

Between 1996 and 2020, an average of three measures appeared on the ballot in Massachusetts during even-numbered election years. About 54% (22 of 41) of the total number of measures that appeared on statewide ballots were approved, and about 46% (19 of 41) were defeated.

Keep reading



What voters had to say 65 years ago today

By Dave Beaudoin
In Newsletters
September 8, 2021 at 6:35 AM

Welcome to the Wednesday, September 8th, Brew. Here’s what’s in store for you as you start your day:

  1. Today in ballot measure history: North Carolina voters approve four constitutional amendments, North Dakota voters consider seven
  2. Texas Legislature refers constitutional amendment to May 2022 ballot 
  3. August 2021 breakdown of state legislative party membership

Today in ballot measure history: North Carolina voters approve four constitutional amendments, North Dakota voters consider seven

Sixty-five years ago today, on Sept. 8, 1956, voters in North Carolina approved four amendments to the state constitution. The General Assembly referred each measure to the ballot. Here’s a quick look at what voters approved.

  • Amendment 1 guaranteed state legislators compensation of $15 for each day the legislature was in session up to 120 days, the equivalent of $149.45 in 2021 dollars. Floor leaders were guaranteed compensation of $20. The amendment was approved 71.3% to 28.7%, the narrowest of any of the four. Today, North Carolina state legislators receive a per diem of $104 in addition to a $13,951 annual salary.
  • Amendment 2 required the biennial legislative session to begin on the first Wednesday after the first Monday in February. The amendment was approved 81.9% to 18.1%.
  • Amendment 3 was approved 85.4% to 14.6%. It allowed married women to execute any powers of attorney their husbands specified. 
  • The Special Session Amendment was approved 82.3% to 17.8%. This amendment gave the state government authority to provide funds to help cover the cost of private education and provided a system for residents to call a local election to forbid local private schools from participating in the funding program. The amendment was part of a series of measures known as the Pearsall Plan that shared the objective of limiting court-mandated racial integration of North Carolina schools.

Nearly 20 years later, on Sept. 7, 1976, voters in North Dakota would consider seven constitutional amendments. The state legislature referred all but one of the amendments to the ballot.

Voters approved five of those amendments, including a district residency requirement for state senators, an amendment specifying a time when the state’s legislative session should meet, and an amendment allowing for limited forms of gambling.

Amendment 5, which voters rejected 62.1% to 37.9%, would have abolished the office of superintendent of public instruction and created a board of public education and a board of higher education. The other rejected amendment would have set a hard cap on the legislature’s spending between 1975 and 1979. Today, all 50 states have a statewide superintendent of public instruction, and the position is elected in 12.

Keep reading

Texas Legislature refers constitutional amendment to May 2022 ballot 

Speaking of ballot measures, here’s an interesting development from this year’s landscape.

Texas voters will decide on whether to amend the state constitution to reduce property tax rates for elderly and disabled residents in a May 2022 referendum. The state legislature voted to approve the amendment for the ballot on Aug. 26.

This is the first ballot measure to appear on an even-numbered year’s ballot in Texas since 2014. Between 1985 and 2020, there were 10 measures on the Texas ballot in even-numbered years and 251 in odd-numbered years.

State Sen. Paul Bettencourt (R), the author of the amendment, said there had not been enough funding to pass the bill during the regular session and the walkout House Democrats carried out earlier in the summer had delayed the special session’s consideration of the bill. Bettencourt said had the walkout not occurred, the amendment could have been on the November 2021 ballot.

Under Texas law, school property taxes are frozen for property owners when they turn 65 and for disabled owners when they acquired the property. However, because the state approved a reduction in property tax rates in 2019, many elderly and disabled Texans now pay school property tax at higher rates. The amendment on the ballot would reduce those rates to match the statewide cuts.

In the state Senate, all 18 Republicans and 11 of the 13 Democrats voted to approve the measure. In the state House, 80 of the 82 Republicans and 36 of the 66 Democrats voted in favor. No state legislators voted against the measure.

Legislators from both parties criticized the process involved in getting the amendment to the ballot. State Rep. Donna Howard (D) said she had proposed a similar amendment during the regular session and that the Republican majority had defeated it.

Keep reading 

August 2021 breakdown of state legislative party membership: 54.26% Republicans, 44.72% Democrats

54.26% of all state legislators are Republicans, and 44.72% are Democrats, according to Ballotpedia’s August partisan count of the nation’s 7,383 state legislators.

Ballotpedia tallies the partisan balance of state legislatures at the end of every month. Partisan balance refers to which political party holds a majority in each chamber. Republicans control 61 chambers, while Democrats hold 37. The Alaska House of Representatives is the nation’s only chamber with a multipartisan power-sharing coalition.

Nationally, state legislatures have 1,957 state senators and 5,363 state representatives. Democrats hold 863 state Senate seats and 2,439 state House seats, a loss of four seats in each chamber since the end of July. Republicans hold 4,006 of the 7,383 total state legislative seats—1,091 state Senate seats (a gain of one since July) and 2,915 state House seats (a decrease of five).

Independent or third-party legislators hold 39 seats, of which 32 are state House seats, and seven are state Senate seats. There are 36 vacancies.

During August, Democrats saw a net decrease of eight seats, and Republicans saw a net decrease of four seats. Compared to August 2020, state legislatures are 2.06% less Democratic (46.78% to 44.72%) and 2.26% more Republican (52.00% to 54.26%).  

Keep reading



Economy and Society: Regulatory scrutiny over ESG-related sustainability claims intensifies

By Ballotpedia staff
In Newsletters
September 7, 2021 at 2:30 PM

ESG Developments This Week

In Washington, D.C., and around the world

Regulatory scrutiny over ESG-related sustainability claims intensifies

As was noted in last week’s newsletter, the SEC is investigating DWS (the asset management arm of Deutsche Bank) for alleged ESG-related fraud—claims DWS rejects. Many ESG observers believe that the DWS probe is the beginning of a larger SEC crackdown on potentially deceptive ESG promises. On September 1, for example, Bloomberg Green noted the following:

“Pressure is increasing on managers of ESG-labeled investment funds to show they’re being truthful with customers about what they’re selling.

The heat was really turned up last week when the U.S. Securities and Exchange Commission and BaFin, Germany’s financial regulator, initiated a probe into allegations that Deutsche Bank AG’s DWS Group asset-management arm has been misstating the environmental—and possibly the social—credentials of some of its ESG-labeled investment products. Regulators have signaled the review is at an early stage, and DWS has rejected claims it overstated ESG assets.

Since then, researchers have raised questions about the credentials of money managers who claim they are marketing funds designed to address the climate crisis and social injustice.

A London-based nonprofit called InfluenceMap said more than half of climate-themed funds are failing to live up to the goals of the Paris Agreement….

InfluenceMap found that 55% of funds marketed as low carbon, fossil-fuel free and green energy exaggerated their environmental claims, and more than 70% of funds promising ESG goals fell short of their targets.

The SEC formed a task force in March aimed at investigating potential misconduct related to companies’ sustainability claims. Gary Gensler, who took over the agency in April, has said his staff is working on a rule to boost climate disclosures by stock issuers, and that the regulator remains focused on ESG issues.”

On September 3, Bloomberg’s market-news division reported that asset management firms didn’t have to wait long to learn whether DWS would be a one-off investigation or the start of a trend on the federal government’s part:

“U.S. regulators have long said they’re dubious about the green and socially conscious labels that Wall Street applies to $35 trillion in so-called sustainable assets. Now, the watchdogs are hunting for proof that they’re right.

For several months, Securities and Exchange Commission examiners have been demanding that money managers explain the standards they use for classifying funds as environmental, social and governance-focused, said people familiar with the matter. The review is the SEC’s second into possible ESG mislabeling since last year — showing the issue is a priority for the agency and a reason for the industry to worry about a rash of enforcement actions. 

The SEC is following the money: Few businesses are booming in high finance like sustainable investing, as governments, pension plans and corporations all seek to lower their carbon footprints and be better public citizens. Amid the rush for dollars, more and more ESG insiders have started sounding alarms that a lot of the marketing is hype, a term known in the industry as greenwashing.

Letters that the SEC sent out earlier this year point to some of the agency’s top concerns, said the people who asked not to be named because the correspondence isn’t public. 

Investment advisers were asked to describe in painstaking detail the screening processes they use to ensure assets are worthy of ESG designations, one of the people said. The SEC also wants to know how firms are grappling with different jurisdictions’ requirements. For instance, Europe has specific standards that money managers must adhere to in making sure assets are green or sustainable. But in the U.S., it’s much murkier. 

Another SEC query sought information about ESG compliance programs, policies and procedures, a different person said. The SEC additionally asked about statements made by managers in their marketing materials or regulatory filings. 

The SEC has shown it’s keen to bring cases, forming a taskforce of enforcement lawyers in March whose focus includes fund managers’ ESG disclosures.” 

Both of these stories followed an August 26 piece published by MarketWatch (a Dow Jones & Company financial news site), also suggesting that the DWS matter would be the start of a something longer:

“This is the first of many more to come,” Amy Lynch, a former SEC regulator and president of FrontLine Compliance, told MarketWatch. “The SEC has been letting the industry know that this is an area they’re looking into for the past year. They’ve given every warning.”…

Under the chairmanship of Gary Gensler, the SEC has made it a top priority to regulate what public companies must disclose about risks related to climate change and the environment, new information about its workforce policies and other policies that impact social issues.

At the same time, it has telegraphed its intention to hold investment managers responsible for clearly disclosing the principles they use to develop sustainable investment funds.

“When it comes to sustainability-related investing…there’s currently a huge range of what asset managers might mean by certain terms and what criteria they use,” Gensler said in a speech last month. “I think investors should be able to drill down to see what’s under the hood of these funds.”

Meanwhile, in the United Kingdom

On September 5, London’s Mail on Sunday newspaper reported that British Prime Minister Boris Johnson has decided to heed the advice of Tariq Fancy’s advice to make climate change finances issues a government matter, while, at the same time, maintaining the idea that investments can power a more sustainable economy. Fancy is a former CIO for sustainability at BlackRock, who has spoken publicly about his belief that ESG investing is, at best, in his view, what he describes as a dangerous distraction. The paper reported that:

“Boris Johnson will meet pension and insurance bosses in Downing Street next month to thrash out plans to channel billions of pounds of retirement funds into ‘green’ projects. 

A source said there will be in-depth discussions about how pension cash can be diverted into initiatives such as installing solar panels in homes and providing charging points for electric cars. 

More than £1trillion is sitting in defined contribution pensions – including workplace schemes.

The Government is hoping to unlock more of this to invest in Britain’s green economy and ‘build back better’ initiative. Another £2trillion is in annuities and defined benefit schemes. 

The agenda is expected to include more detail on funnelling pension money into various projects to reach ‘net zero carbon’ by 2050 – the commitment to reduce greenhouse gases to offset carbon emissions in order to combat climate change. 

Sources said the trade body the Association of British Insurers is separately meeting with City Minister John Glen this week to talk over the new push.

A source said: ‘This needs a scheme, and the Government is probably best placed to do it because you need a supply chain lined up including investment and the people to implement projects. There is a need to coordinate and get the right types of projects going.’ 

But the plans are expected to spark controversy as many of these investments are illiquid – meaning they are difficult to buy and sell – which could leave pension savers with some of their cash trapped in assets.”

In the Spotlight

Wages before sustainability?

For much of its history, ESG has been nearly synonymous with the idea of what is often called by its advocates sustainable investing. However, according to a recent study by Cerulli Associates, an American asset management research company based in Boston, when affluent American retail investors identify the factors that most influence their investment decisions, they prefer companies that pay what they deem are fair wages over companies that are keenly environmentally aware. It’s not that they don’t appreciate environmental friendliness, according to the study. It’s just that they appreciate what they deem the fair treatment of workers more:

“While the majority (53%) of affluent respondents indicate that investing in an environmentally responsible firm is important to them, 65% of respondents favor investments in companies that pay their workers a fair/living wage. “This result highlights one of the biggest challenges in promoting ESG or sustainable investing products,” says Smith. “When presented with these offerings, investors and advisors get hung up on the ‘E’ and rarely consider the ‘S’ or ‘G.’” Particularly notable in these results are indications of interest 16 to 25 percentage points higher among respondents in the three oldest cohorts compared with their overall ESG interest levels.”



Documenting America’s Path to Recovery #296: September 7, 2021

By Ballotpedia staff
In Newsletters, Uncategorized
September 7, 2021 at 1:48 PM

Welcome to Documenting America’s Path to Recovery. Today we look at:

  • Changes in coronavirus restrictions in Nevada
  • An extended vaccine incentive initiative in Wisconsin
  • Vaccine distribution
  • Lawsuits about state actions and policies 
  • State-level mask requirements
  • COVID-19 emergency health orders

We are committed to keeping you updated on everything from mask requirements to vaccine-related policies. We will keep you abreast of major developments—especially those affecting your daily life. Want to know what we covered Thursday? Click here.

Since our last edition

What rules and restrictions are changing in each state? For a continually updated article, click here.

Colorado (Democratic trifecta):

  • On Sept. 4, Gov. Jared Polis (D) extended a coronavirus executive order that gives tenants with pending applications for rental assistance 30 days to make late rent payments.
  • On Sept. 2, Polis (D) announced that primary care providers can receive grant funding to support coronavirus vaccination efforts. Polis also announced a testing incentive program for students in Colorado. Students who have opted in to the testing program can receive a $25 gift card for their first coronavirus test, and a $10 gift card for each subsequent test.

Connecticut (Democratic trifecta): On Sept. 3, Gov. Ned Lamont (D) extended the full vaccination deadline for staff in long-term care facilities to Sept. 27. The original deadline was Sept. 7.

Illinois (Democratic trifecta): On Sept. 3, Gov. J.B. Pritzker (D) extended the first dose vaccination deadline for healthcare workers, teachers, and school staff to Sept. 19. The original deadline was Sept. 5.

Kentucky (divided government): On Sept. 7, a special session of the Kentucky State Legislature began to discuss the extension of the state’s coronavirus state of emergency, the governor’s authority to issue indoor mask requirements, and other coronavirus-related issues. Gov. Andy Beshear (D) called the session on Sept. 4.

Maine (Democratic trifecta): On Sept. 2, Gov. Janet Mills (D) extended the full vaccination deadline for healthcare workers to Oct. 29. The previous deadline was Oct. 2.

Nevada (Democratic trifecta): On Thursday, Sept. 2, Gov. Steve Sisolak (D) issued an order allowing conventions with more than 4,000 people not to require masks if all attendees are fully vaccinated. Under the rules, organizers who require proof of vaccination can admit attendees who’ve only received one shot of the Pfizer or Moderna vaccine, but those people must still wear masks indoors. 

New York (Democratic trifecta): 

  • On Sept. 2, Gov. Kathy Hochul (D) signed a residential and commercial coronavirus-related eviction moratorium into law. The moratorium would be effective through Jan. 15, 2022.
  • On Sept. 2, the New York Department of Health released a regulation requiring teachers and school staff to be vaccinated or receive regular coronavirus testing.

Rhode Island (Democratic trifecta): On Sept. 3, Gov. Daniel McKee (D) extended Rhode Island’s coronavirus state of emergency through Oct. 2.

South Carolina (Republican trifecta): On Sept. 2, the South Carolina Supreme Court rejected the city of Columbia’s challenge to the state’s ban on mask requirements. In the opinion, the court found that the mask requirement ban, which was established in a state budget amendment, did not violate a rule requiring state laws address a single primary subject.

Tennessee (Republican trifecta): On Friday, Sept. 3, U. S. District Court for the Western District of Tennessee Judge Sheryl H. Lipman ruled in favor of two students who sued Gov. Bill Lee (R) after he issued an order allowing students to opt out of school mask mandates. Lipman ruled Lee’s order violated the students’ rights under the Americans with Disabilities Act (ADA). 

Washington (Democratic trifecta): On Friday, Sept. 3, Gov. Jay Inslee (D) issued an order prohibiting local government agencies, officials, and landlords from banning mask requirements or proof-of-vaccination requirements. 

Wisconsin (divided government): On Friday, Sept. 3, Gov. Tony Evers (D) extended the statewide vaccine incentive initiative through Sept. 19. The initiative allows anyone 12 and older to claim a $100 Visa gift card if he or she gets the first dose of a COVID-19 vaccine. 

Vaccine distribution

We last looked at vaccine distribution in the Sept. 2 edition of the newsletter. As of Sept. 3, the states with the highest vaccination rates as a percentage of total population (including children) were:

The states with the lowest rates were:

Lawsuits about state actions and policies

Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

To date, Ballotpedia has tracked 1,879 lawsuits in 50 states dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 578 of those lawsuits. 

Since Aug. 31, we have added nine lawsuits to our database. We have also tracked an additional four court orders and/or settlements. 

Details:

  • Norris v. Stanley: On Aug. 31, Judge Paul Maloney, of the U.S. District Court for the Western District of Michigan, declined to block Michigan State University’s (MSU) COVID-19 vaccine mandate. MSU employee Jeanna Norris alleged,  that she should be exempted from the vaccine mandate because she has natural antibodies from a previous infection. MSU’s vaccine policy requires all MSU faculty, staff, and students “to be vaccinated against COVID-19 with an FDA-authorized or WHO-approved vaccine.” While the mandate does provide for limited medical and religious exceptions, it specifically excludes natural immunity as a qualifying exemption. Norris argued MSU was “forcing me to choose between performing my professional duties to the best of my ability and protecting my personal health” and “between protecting my constitutional right to bodily autonomy, privacy and protection and keeping my job.” Norris alleged “MSU cannot establish a compelling governmental interest in overriding personal autonomy and constitutional rights.” Maloney said Norris did not show a “substantial likelihood of success on the merits.” Jenin Younes, litigation counsel for the New Civil Liberties Alliance, which is representing Norris, said, “We have faith that when the Court has the opportunity to review the insurmountable evidence that supports the existence, durability, and robustness of natural immunity, it will recognize that MSU’s policy violates the constitutional rights of Ms. Norris and others in her position.” Maloney is George W. Bush (R) appointee.

State mask requirements

We last looked at face coverings in the Aug. 31 edition of the newsletter. Since then, no changes to statewide mask requirements occurred. As of Sept. 7, masks were required in ten states with Democratic governors. Thirteen states with Democratic governors and all 27 states with Republican governors had no state-level mask requirements in effect.

COVID-19 emergency health orders

Read more: State emergency health orders during the coronavirus (COVID-19) pandemic, 2021

Governors and state agencies in all 50 states issued orders declaring active emergencies in response to the coronavirus pandemic. These orders allowed officials to access resources, like stockpiles of medical goods and equipment, unavailable to them during non-emergencies and temporarily waive or suspend certain rules and regulations. 

Overview: 

  • COVID-19 emergency orders have expired in 24 states. Emergency orders remain active in 26 states.

Since Aug. 31, no state has ended or enacted a COVID-19 emergency order. 



How redistricting may cause a delay to the 2022 primary calendar

By Dave Beaudoin
In Newsletters
September 7, 2021 at 6:14 AM

Welcome to the Tuesday, September 7, Brew. Here’s what’s in store for you as you start your day:

  1. Texas Legislature adopts bill allowing the postponement of 2022 primary and filing deadlines
  2. One week until California’s gubernatorial recall election
  3. Taking a look at state legislative special elections in 2021 so far

Texas Legislature adopts bill allowing the postponement of 2022 primary and filing deadlines

Last week, the Texas Legislature passed Senate Bill 13 (SB 13), a bill that would allow for the postponement of the state’s 2022 primary election and associated candidate filing deadlines if new district maps are not in place by specific dates specified in the bill.

Under its current schedule, Texas is slated to hold its primary elections on March 1, 2022, the earliest date in the 2022 cycle. The filing deadline is December 13, 2021. Here’s a breakdown of the scenarios, should the bill be implemented as law.

  • If the Texas Legislature adopts new district lines on or before Nov. 15, 2021, the current primary date and candidate filing deadlines remain unchanged.
  • If a plan is adopted after Nov. 15 but on or before Dec. 28, 2021, the primary will be moved to April 5, 2022, and the candidate filing deadline changed to Jan. 24, 2022.
  • At the latest, if a plan is adopted after Dec. 28, 2021, but on or before Feb. 7, 2022, the primary will be postponed to May 24, 2022, and the filing deadline set at March 7, 2022.

On Aug. 27, the Texas House of Representatives voted 96-25 in favor of SB 13 followed by the Texas State Senate, voting 30-1 in favor on Aug. 29. On Aug. 31, the bill was sent to Gov. Greg Abbott (R), who is expected to sign the bill into law.

Regardless of which deadline is met under SB 13, Texas’ primary elections would remain some of the earliest in the 2022 election cycle. The map below shows primary election months for each state during the 2022 election cycle. Under the current schedule, a majority of states (32) are holding primary elections in either June, July, or August. 

The Texas State Legislature is responsible for drawing both congressional and state legislative district lines during the redistricting process. These maps are subject to a gubernatorial veto. If the legislature is unable to approve a state legislative redistricting plan, a five-person backup commission must draw the lines, though this commission is not involved in congressional redistricting.

Every month, Ballotpedia brings you the latest developments in election policy at the federal, state, and local level in The Ballot Bulletin. Stay on top of election policy news throughout the states by subscribing here.

Keep reading 

One week until California’s gubernatorial recall election

In one week, the polls will close in the recall election targeting California Gov. Gavin Newsom (D). Early voting is underway and all registered voters in the state have been sent absentee/mail-in ballots for the election, which is officially slated for Sept. 14, 2021.

The recall election will present voters with two questions. The first will ask whether Newsom should be recalled from the office of governor. The second will ask who should succeed Newsom if he is recalled. A majority vote supporting the recall is required on the first question for the governor to be recalled. If that occurs, the candidate with the most votes on the second question would win the election, no majority required.

Here are some of the most recent updates:

  • Fifteen counties are currently operating early voting centers, which will remain open through Sept. 10. These voting centers offer registration, replacement ballots, accessible voting machines, and language assistance. You can find more info about early voting and ballot drop locations here.
  • Three separate polls were released on Aug. 31, Sept. 1, and Sept. 2. On average, 42% of respondents supported the recall and 54% opposed it.
  • These same polls found that, for the second question, an average of 27% of respondents supported Larry Elder (R), 23% were undecided, and 20% selected some other response, which includes candidates not listed in the poll as well as leaving the second question blank.

Forty-six candidates, including nine Democrats and 24 Republicans, are running in the election. The candidates who have received the most media attention and best poll performances so far are YouTuber Kevin Paffrath (D), 2018 gubernatorial candidate John Cox (R), radio host Larry Elder (R), former San Diego Mayor Kevin Faulconer (R), California State Board of Equalization member Ted Gaines (R), former Olympian and television personality Caitlyn Jenner (R), and Assemblyman Kevin Kiley (R).

Keep reading 

Taking a look at state legislative special elections in 2021 so far

Voters in Alabama and New Hampshire are casting ballots in several state legislative special elections today. We wanted to take a moment to check out how special state legislative elections have played out in 2021 so far.

To start, those three elections being held today, Sept. 7, are taking place in:

  • Alabama’s House District 78: this seat became vacant after Rep. Kirk Hatcher (D) won election to the Alabama State Senate in a March 2 special election. Voters will elect either Kenyatté Hassell (D) or Loretta Grant (R) as their new representative.
  • New Hampshire’s House District Hillsborough 7: originally slated as a primary, the special election to fill Rep. David Danielson’s (R) seat was moved to Sept. 7 after only one candidate from each political party filed: Catherine Rombeau (D) and Linda Camarota (R). This seat became vacant after Danielson passed away on May 22.
  • New Hampshire House District Cheshire 9: there is a Republican primary between Lucille Decker and Rita Mattson. The winner will face Andrew Maneval (D) in the general election on Oct. 26. This seat became vacant after Rep. Douglas Ley (D) passed away on June 10.

There have been 35 special state legislative elections held so far in 2021, almost all of which saw the vacant seats remain under the same party’s control. One seat—Connecticut’s State Senate District 36—flipped from Democratic to Republican control following Ryan Fazio’s (R) victory on August 17.

As it stands today, 68 state legislative special elections have been scheduled throughout 2021 in 20 states. This number is higher than 2020, which saw 59 special elections, but lower than the decade average. Between 2011 and 2020, an average of 75 special elections took place each year.

Keep reading



Union Station: Lawyers file class action complaint against State Bar of Texas

By Jerrick Adams
In Newsletters
September 3, 2021 at 2:30 PM

Lawyers file class action complaint against State Bar of Texas

On Aug. 30, three members of the State Bar of Texas filed a class action complaint in the U.S. District Court for the Southern District of Texas alleging that the bar is violating their First Amendment rights. 

About the complaint 

The plaintiffs are attorneys Robert S. Bennett, Nachael Foster, and Andrew Bayley. Their complaint is a class action suit on behalf of “all Texas-licensed attorneys, past or present, and on either active or inactive status, who have endured First Amendment violations because of the Texas Bar’s relevant unlawful conduct.” Richard A. Robins, who runs the website texasbarsunset.com, represents the plaintiffs. The complaint names the Texas Bar “and culpable officials within it” as defendants. 

The complaint references the Fifth Circuit’s July 2021 ruling in McDonald v. Longley. In that case, a three-judge panel ruled that because the Texas Bar engaged in ideological activities that were not relevant to its core functions, compelling lawyers to join the bar violated their First Amendment rights. 

Referring to that decision, the complaint states that the Fifth Circuit “ruled that the Defendants have impermissibly, unlawfully and enduringly spent attorney members’ coercively extracted annual dues on ideological and political endeavors that are not germane to regulating or improving the practice of law here in Texas.” The plaintiffs allege the bar has “continued demanding full dues payments from the membership by no later than [August 31, 2021]. As of the date of this filing, they have also offered no refunds for their already sufficiently proven and established transgressions. They continue proceeding callously, resulting in further damage to the Class.” 

The plaintiffs allege that by requiring members to pay dues, the bar violates their freedoms of association, speech, and—in some cases—religion.

Reuters reports: “Texas Bar spokesman Amy Starnes said the association is committed to complying with the 5th Circuit decision in a timely manner, and is taking steps to update its policies and procedures. She said the new complaint is being reviewed.” 

The case name and number are Bennett v. Texas (4:21-cv-02829).

About McDonald v. Longley

On March 6, 2019, plaintiffs Tony McDonald, Joshua Hammer, and Mark Pulliam filed a complaint in the U.S. District Court for the Western District of Texas claiming mandatory membership in the State Bar of Texas violated their First and Fourteenth Amendment rights. The plaintiffs alleged that the bar’s opt-out process was “inadequate to ensure that members are not coerced into funding the Bar’s political and ideological activities.”

On May 29, 2020, the U.S. District Court ruled in the state bar’s favor. The plaintiffs appealed to the Fifth Circuit in June 2020.  

On July 2, 2021, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit—Judges Don Willett, Jerry E. Smith, and Stuart Kyle Duncan—overturned the district court’s ruling and returned the case to the lower court, saying the bar “engaged in non-germane activities, so compelling the plaintiffs to join it violates their First Amendment rights.” The Fifth Circuit blocked the state bar from requiring membership or dues of the plaintiffs while the case is pending in the lower court. President Donald Trump (R) appointed Willett and Duncan, and President Ronald Reagan (R) appointed Smith.  

What we’re reading

The big picture

Number of relevant bills by state

We are currently tracking 99 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking. 

Number of relevant bills by current legislative status

Number of relevant bills by partisan status of sponsor(s) 

Recent legislative actions

Below is a complete list of relevant legislative actions taken since our last issue. 

  • Illinois HB2521: This bill allows electronic signatures on petitions submitted for selecting an exclusive bargaining representative. It allows certification elections to be conducted electronically. It also prohibits an employer from promising or taking action against an employee for participating in a strike.
    • Democratic sponsorship. 
    • Governor approved Aug. 27; effective immediately. 
  • New York S07355: This bill would prevent public employers from firing or disciplining public employees who were selected to represent an employee organization or who commented on related matters.
    • Democratic sponsorship.  
    • Referred to Senate Rules Committee Aug. 30. 


A closer look at campaign finance reports in eight battleground states

By Dave Beaudoin
In Newsletters
September 3, 2021 at 6:33 AM

Welcome to the Friday, September 3, Brew. Here’s what’s in store for you as you start your day:

  1. Who’s raising the most money so far this year? 
  2. Special election to the Texas House of Representatives heads to a runoff
  3. #FridayTrivia: What percentage of state legislative seats will feature a Democrat and a Republican on the general election ballots this year?

Who’s raising the most money so far this year? We’ve got that data in eight states

Campaign finance requirements govern the raising and spending of money for political campaigns. 

We recently released a series of articles, listed below, showing the top individual fundraisers by party affiliation in eight states: Arizona, Florida, Michigan, North Carolina, Ohio, Texas, Virginia, and Wisconsin. These figures are based on campaign finance reports that active candidate political action committees (candidate PACs) submitted to their respective states. They include activity between Jan. 1, 2021, and June 30, 2021. Candidate PACs represent individuals who have run for state or local office at any point, including past and present officeholders. These articles do not include non-candidate PACs.

The articles were published in partnership with Transparency USA. Click here to learn more about that partnership.

Let’s take a look at some of the topline stats pulled from these reports. 

The state with the greatest total amount raised during this period was Texas, where candidate PACs raised around $169 million in the first half of 2021. Virginia, the only state on this list holding multiple statewide elections in 2021, saw the second-most activity, with around $68 million raised. Florida saw the third-most activity, with candidates raising just over $50 million. Fla. Gov. Ron DeSantis (R), the single-highest fundraiser during this period, made up a majority of those funds, raising $36 million, 72% of the statewide total.

Of the five top fundraisers, three are gubernatorial incumbents who are not up for re-election until 2022 at the earliest. In addition to DeSantis’ $36.2 million, Texas Gov. Greg Abbott (R) and Mich. Gov. Gretchen Whitmer (D) raised $20.9 and $6.9 million, respectively.

The remaining two candidates are Terry McAuliffe (D) and Glenn Youngkin (R), the two major-party candidates for governor in Virginia this year. McAuliffe raised $14.5 million to Youngkin’s $7.6 million.

Want to know more? Use the links below to read about fundraising in each of the eight states analyzed in this series:

Special election to the Texas House of Representatives heads to a runoff

On Aug. 31, voters in Texas’ House District 10 cast their ballots in a special general election. Brian E. Harrison (R) and John Wray (R) defeated six other candidates and advanced to a runoff election after receiving 41% and 36% of the vote, respectively. A candidate needed to win at least 50% of the vote to avoid a runoff. The candidate with the third-most votes was Pierina Otiniano (D) with 11%.

As of Sept. 2, a runoff date had not been announced.

Gov. Greg Abbott (R) called the election after former state Rep. Jake Ellzey (R) won a special election to Texas’ 6th Congressional District on July 27. Ellzey first won election to the Texas House of Representatives in 2020 and assumed office in January 2021.

As of Sept. 2, 57 state legislative special elections have been scheduled across the country. The special election in District 10 was the second state legislative special election in Texas so far in 2021. A special election for House District 68 took place on Jan. 23 to fill a vacancy left by Drew Springer (R). David Spiller (R) won the runoff election for that seat on Feb. 23.

Keep reading 

#FridayTrivia: What percentage of state legislative seats will feature a Democrat and a Republican on the general election ballots this year?

In Thursday’s Brew, we took a look at our analysis of major party competition in New Jersey and Virginia’s state legislative elections. This analysis examines the number of seats up for election contested by both a Democrat and a Republican, which we use to determine the level of competitiveness in state legislative elections each year. For comparison, in 2020, both major parties’ candidates contested 65% of the state legislative seats up for election.

What percentage of state legislative seats will feature a Democrat and a Republican on the general election ballot this year?

  1. 81%
  2. 76%
  3. 89%
  4. 93%


Documenting America’s Path to Recovery #295: September 2, 2021

By Ballotpedia staff
In Newsletters
September 2, 2021 at 2:42 PM

Welcome to Documenting America’s Path to Recovery. Today we look at:

  • A vaccine requirement for some healthcare workers in Massachusetts
  • A mask mandate in Pennsylvania schools
  • Vaccine distribution
  • School mask requirements
  • State proof-of-vaccination requirements and policies
  • Federal responses

We are committed to keeping you updated on everything from mask requirements to vaccine-related policies. We will keep you abreast of major developments—especially those affecting your daily life. Want to know what we covered Tuesday? Click here.

Since our last edition

What rules and restrictions are changing in each state? For a continually updated article, click here.

Indiana (Republican trifecta): On Wednesday, Sept. 1, Gov. Eric Holcomb (R) issued an order exempting schools and daycare centers with consistent mask usage from quarantine requirements. The exemption applies to a student, staff member, or teacher who is a close contact of someone who tests positive for COVID-19, but shows no symptoms.    

Massachusetts (divided government): On Wednesday, Sept. 1, Gov. Charlie Baker (R) announced that staff at long-term care facilities would be required to get a COVID-19 vaccine by Oct. 31. Baker said the requirement would also apply to home care workers who provide in-home care. 

Oklahoma (Republican trifecta): On Wednesday, Sept. 1, ​​Oklahoma County District Court Judge Natalie Mai temporarily blocked the Oklahoma Department of Education from enforcing Senate Bill 658, which prohibits school mask requirements. Several Oklahoma parents and the Oklahoma State Medical Association sued to block enforcement of the law on Aug. 12. 

Pennsylvania (divided government): On Aug. 31, Gov. Tom Wolf (D) announced masks would be required in all public and private K-12 schools starting Sept. 7.

South Dakota (Republican trifecta): On Tuesday, Aug. 31, Gov. Kristi Noem (R) ordered nine National Guardsmen to assist in COVID-19 testing efforts in the western part of the state, including Meade County, which has seen a rise in coronavirus cases.

Vaccine distribution

We last looked at vaccine distribution in the Aug. 31 edition of the newsletter. As of Sept. 1, the states with the highest vaccination rates as a percentage of total population (including children) were:

The states with the lowest rates were:

School mask requirements

Read more: School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year

We last looked at school mask requirements on Aug. 26. Since then, school mask requirement bans were temporarily suspended in Oklahoma and Florida. Additionally, school mask requirements were issued in New York and Pennsylvania.

State proof-of-vaccination requirements and policies

Read more: State government policies about proof-of-vaccination (vaccine passport) requirements

As COVID-19 vaccination rates have increased, state governments have enacted various rules around the use of proof-of-vaccination requirements in their states. In some cases, states have banned state or local governments from requiring that people show proof-of-vaccination. Other states have assisted in the creation of digital applications—sometimes known as vaccine passports—that allow people to prove their vaccination status and, in some cases, bypass COVID-19 restrictions.  

Overview:

  • Twenty states have passed legislation or issued orders prohibiting proof-of-vaccination requirements at some or all levels of government. 
  • Four states have assisted in the creation of digital vaccination status applications. 

Since Aug. 26, no state has banned proof-of-vaccination requirements or rolled out a vaccine status application. 

Federal responses

Read more: Political responses to the coronavirus (COVID-19) pandemic, 2020

  • On Sept. 1, U.S. Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky said unvaccinated people should not travel over the Labor Day holiday weekend.
  • On Aug. 30, the U.S. Department of Education’s Office for Civil Rights (OCR) opened investigations in Iowa, Oklahoma, South Carolina, Tennessee, and Utah. Investigators will seek to determine whether statewide bans on indoor mask requirements in schools violate the Rehabilitation Act of 1973, which protects children with disabilities from discrimination. The OCR said it was concerned that mask bans could affect students with disabilities that cause underlying health conditions. The OCR also announced it would investigate whether the indoor mask requirements violate Title II of the Americans with Disabilities Act of 1990.


Ballotpedia Competitiveness Report: State legislative elections reach decade high

By Dave Beaudoin
In Newsletters
September 2, 2021 at 6:49 AM

Welcome to the Thursday, September 2, Brew. Here’s what’s in store for you as you start your day:

  1. Major party competition in state legislative elections reaches decade high
  2. Federal Register nears 50,000 pages
  3. Redistricting Roundup: Illinois legislature enacts revised district boundaries, Ohio sets more public hearings

Major party competition in state legislative elections reaches decade high

Of the 220 state legislative seats up for election this year in New Jersey and Virginia, 93% will feature a Democrat and a Republican on the general election ballot this November. 

This is the highest percentage of state legislative seats being contested by both major parties at any point in the past decade. It is also the first election cycle since at least 2010 where more than 90% of state legislative seats up for election nationwide were contested by both major parties.

This increase in major party competition is largely driven by an increased level of competitiveness in the Virginia House of Delegates over the past decade. 

Looking back to 2011, less than half of the seats in the chamber were contested by both major parties. In 2017, the chamber began trending more competitive when Democrats contested 57% more seats than they had in 2015. Both Democrats and Republicans continued to increase their number of contested seats in 2019 and 2021.

In contrast, state legislative elections in New Jersey have featured higher levels of major party competition throughout the decade. Both major parties have contested at least 90% of seats in each state legislative election cycle from 2011 to 2021.

In the New Jersey General Assembly, no Republican has run unopposed since 2017. The highest number of uncontested seats in the chamber came in 2015 when eight seats, or 10%, were effectively guaranteed to one of the two major parties.

Keep reading

Federal Register nears 50,000 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 overall regulatory activity, accounting for both regulatory and deregulatory actions. We periodically update you about its status—here’s a recent report.

From Aug. 23 through Aug. 27, the Federal Register grew by 1,344 pages for a year-to-date total of 48,294 pages. By this point in President Donald Trump’s (R) first year as president, the year-to-date total was 40,666 pages.

Last week’s Federal Register additions featured the following 611 documents:

  • 495 notices
  • Two presidential documents
  • 52 proposed rules
  • 62 final rules

Ballotpedia has maintained page counts and other information about the Federal Register as part of its Administrative State Project since 2017. Click below to learn more about how the Federal Register has changed from the Trump administration to the Biden administration.

Keep reading 

Redistricting Roundup: Illinois legislature enacts revised district boundaries, Ohio sets more public hearings

The Illinois House and Senate approved new state legislative boundaries during a special session on Aug. 31. 

The maps, which passed 73-43 in the state House, and 40-17 in the state Senate, revised legislative redistricting plans enacted in June before the U.S. Census Bureau released block-level data from the 2020 census on Aug. 12. Illinois had been the second state to pass new legislative maps. 

For reference, following the 2010 census, Gov. Pat Quinn (D) signed redistricting legislation on June 3, 2011.

Two lawsuits challenging the 2021 maps were consolidated in a federal district court on July 14. The plaintiffs—the minority leaders of the Illinois House and Senate and the Mexican American Legal Defense and Educational Fund—argued that the redistricting plans did not ensure that the districts had substantially equal populations because they used data from the American Community Survey (ACS) instead of the 2020 census. The trial is set to begin on Sept. 27.

In Ohio, the state’s redistricting commission decided on Aug. 31 that it would hold three additional public hearings before approving proposed maps, as opposed to the single public hearing required by law. 

The commission did not approve new state legislative districts by its initial Sept. 1 deadline. The final deadline is Sept 15.

Rep. Bob Cupp (R), the co-chair of the commission, said the late release of census data caused the commission’s delay. He estimated maps would be formally proposed in 10-12 days. 

The Ohio Redistricting Commission is composed of five Republicans—including Gov. Mike DeWine (R)—and two Democrats.

Keep reading



U.S. Census Bureau releases block-level population data

By Jerrick Adams
In Newsletters
September 1, 2021 at 2:38 PM

Welcome to The Ballot Bulletin, where we track developments in election policy at the federal, state, and local level. In this month’s issue:

  1. Redistricting round-up: U.S. Census Bureau releases block-level population data (and other news)
  2. U.S. District Court temporarily suspends Georgia voting law barring photographs of voted ballots
  3. Legislation update

Have a question/feedback/or just want to say hello? Respond to this email, or drop me a line directly at Jerrick@Ballotpedia.org.

Redistricting round-up: U.S. Census Bureau releases block-level population data (and other news)

In today’s round-up, we take a look at the following recent developments: 

  • The U.S. Census Bureau released the block-level data that most states use in their redistricting processes. 
  • Alaska has adopted a timeline for state legislative redistricting.
  • The Texas Legislature has adopted a bill that would postpone the 2022 primary if redistricting is delayed. 
  • Virginia has adopted a timeline for congressional and state legislative redistricting. The state’s redistricting commission has also hired data consultants and technical advisers. 

U.S. Census Bureau releases block-level data from the 2020 census

On Aug. 12, the U.S. Census Bureau released block-level data from the 2020 census. The data include county-level demographic information on the ethnic, racial, and age makeup of neighborhoods across the country. Release of the block-level data has prompted some states to begin redrawing their congressional and state legislative district maps in earnest.

Here are some findings from the Bureau’s press release:

  • “The population of U.S. metro areas grew by 9% from 2010 to 2020, resulting in 86% of the population living in U.S. metro areas in 2020, compared to 85% in 2010.”
  • “The 2020 Census used the required two separate questions (one for Hispanic or Latino origin and one for race) to collect the races and ethnicities of the U.S. population. … Building upon our research over the past decade, we improved the two separate questions design and updated our data processing and coding procedures for the 2020 Census. These changes reveal that the U.S. population is much more multiracial and more diverse than what we measured in the past.”
  • “The 2020 Census showed that the adult (age 18 and older) population group grew 10.1% to 258.3 million people over the decade.”

The Bureau is expected to release a tabulated version of the dataset by Sept. 30. 

Alaska: Redistricting commission adopts timeline for state legislative redistricting 

On Aug. 23, Alaska’s redistricting commission adopted a schedule for state legislative redistricting. Under that schedule, Aug. 12 is treated as the starting point for the 90-day process. The commission must publish its proposal by Sept. 11. It must adopt a final plan by Nov. 10. 

About redistricting in Alaska: Because Alaska has only one congressional district, congressional redistricting is not necessary. A non-politician commission draws state legislative district lines. In place since 1998, Alaska’s redistricting commission has five members. The governor appoints two members, the House and Senate majority leaders appoint one member each, and the state supreme court’s chief justice appoints the final member. State law mandates that commissioners “be chosen without regard to party affiliation.” One commissioner must be selected from each of the state’s judicial districts.

The Alaska Constitution requires state legislative districts to be contiguous and compact. Every district must also contain a “relatively integrated socio-economic area.” Each state legislative district has one state senator and two state representatives.

For more information about the current redistricting cycle in Alaska, click here.

Texas: State legislature adopts bill providing for postponement of 2022 primary and filing deadlines

The Texas Legislature has adopted a bill (SB 13) that would provide for the postponement of the state’s 2022 primary election and associated candidate filing deadlines if new district maps are not in place by the March 1, 2022 primary date. 

  • If a redistricting plan is adopted on or before Nov. 15, 2021, the primary date and candidate filing deadline will remain unchanged. 
  • If a redistricting plan is adopted after Nov. 15, 2021, and on or before Dec. 28, 2021, the primary will be postponed to April 5, 2022. The candidate filing deadline will be Jan. 24, 2022. 
  • If a redistricting plan is adopted after Dec. 28, 2021, and on or before Feb. 7, 2022, the primary will be postponed to May 24, 2022. The candidate filing deadline will be March 7, 2022. 

On Aug. 27, the Texas House of Representatives voted 96-25 in favor of the final legislation. On Aug. 29, the Texas Senate followed suit, voting 30-1 in favor of the bill.

Gov. Greg Abbott (R) is expected to sign the bill into law. 

About redistricting in Texas: In Texas, the state legislature draws both congressional and state legislative district maps. These maps are subject to gubernatorial veto. If the legislature is unable to approve a state legislative redistricting plan, a backup commission must draw the lines (the backup commission is not involved in congressional redistricting).

For more information about the current redistricting cycle in Texas, click here.

Virginia: Redistricting commission officially begins work on new district maps

On Aug. 16, Virginia’s redistricting commission voted to start the state’s redistricting process on Aug. 26. The commission hired an outside consultant to reformat the raw data that the U.S. Census Bureau released on Aug. 12 for use in the redistricting process. 

On Aug. 23, the commission voted 12-4 to draft entirely new maps rather than use the existing maps as a guide. The commission also hired two analysts “to help with the technical aspects” of drafting new maps. Republicans on the commission selected John Morgan, who worked with Republicans in the General Assembly during the 2010 redistricting cycle. Meanwhile, Democrats tapped Ken Strasma, CEO of HaystaqDNA, an analytics firm that describes itself as the developer of “the predictive analytics that helped the [Barack] Obama campaign make history in 2008.”

About redistricting in Virginia: On Nov. 3, 2020, Virginia voters approved a constitutional amendment establishing a commission-driven congressional and state legislative redistricting process. The 16-member commission has eight legislators and eight non-legislator members. Leaders of the General Assembly’s two largest political parties select legislators to serve on the commission. General Assembly leaders recommend the eight citizen members. A panel of five retired circuit court judges selects the citizen members from those recommendations. The commissioners themselves select one of the eight citizens to chair the commission. District maps are subject to the following consensus requirements:

  • Congressional maps: Approval by 12 commissioners, including six legislators and six non-legislators.
  • Virginia Senate: Approval by 12 commissioners, including six legislators (with three state senators) and six non-legislators.
  • Virginia House of Delegates: Approval by 12 commissioners, including six legislators (with three state delegates) and six non-legislators.

The commission submits its maps to the General Assembly, which can vote to approve the maps or reject them. The General Assembly cannot amend the maps. If the General Assembly rejects a map, the commission must draft a second map. If the General Assembly rejects that map, the Virginia Supreme Court is tasked with enacting a new map.

For more information about the current redistricting cycle in Virginia, click here.

U.S. District Court temporarily suspends Georgia voting law barring photographs of voted ballots

On Aug. 20, Judge Jean-Paul Boulee, of the U.S. District Court for the Northern District of Georgia, issued a preliminary injunction against a Georgia law prohibiting photographs of voted ballots. The preliminary injunction bars enforcement of the disputed provision, pending resolution of the case. Boulee, a Donald Trump (R) appointee, wrote: “[The photography rule’s] broad sweep prohibits any photography or recording of any voted ballot in public and nonpublic forums alike. … Even if the Court accepts State Defendants’ argument that [the rule] serves the compelling interests of preserving ballot secrecy and preventing fraud, they have neither argued that it is narrowly tailored to serve those interests nor rebutted Plaintiffs’ assertion that the rule is a blanket prohibition on recording any voted ballot under any circumstances.” In granting the injunction, Boulee said that the plaintiffs were “substantially likely to succeed on the merits of their First Amendment challenge” to the rule, and therefore granted the injunction. 

The photography rule was implemented as part of SB202, an election policy omnibus bill Gov. Brian Kemp (R) signed into law on March 25. SB202 enacted a series of changes to Georgia’s election administration procedures, including the following: 

  • Absentee/mail-in voting:
    • Absentee/mail-in ballots verified on the basis of driver’s license numbers instead of voter signatures (the last four digits of a Social Security number, and date of birth, permissible in lieu of a driver’s license number).
    • Ballot drop boxes made available only inside early voting locations during business hours.
    • Ballot application deadline fixed at 11 days before Election Day.
  • Early voting:
    • For general elections, counties are required to offer early voting on two Saturdays. Counties are authorized, but not required, to offer early voting on two Sundays.
    • For runoff elections, early voting period limited to a minimum of one week.
  • Other election administration matters:
    • State Election Board authorized to remove county election boards and replace them with interim election managers.
    • Counties required to certify election results within six days instead of 10.
    • Prohibited the use of “photographic or other electronic monitoring or recording devices … to photograph or record a voted ballot.”

The full text of the enacted bill can be accessed here. Boulee declined to grant the plaintiff’s motions for preliminary injunctions of several other parts of the law, including the modified deadline for submitting an absentee/mail-in ballot application.

Also in Georgia, federal appeals court rejects claim that requiring voters to pay postage for absentee/mail-in ballots amounts to a poll tax 

On Aug. 27, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit unanimously affirmed a lower court’s decision finding that a Georgia law requiring voters to pay postage for returning absentee/mail-in ballots is not an illegal poll tax. The plaintiffs alleged that requiring absentee/mail-in voters to pay the price of postage amounted to levying a poll tax, violating the Fourteenth and Twenty-Fourth Amendments. The defendants (state and local election officials) moved to dismiss. A U.S. District Court granted the motion, citing “[t]he fact that any registered voter may vote in Georgia on election day without purchasing a stamp, and without undertaking any ‘extra steps’ besides showing up at the voting precinct and complying with generally applicable election regulations.” The plaintiffs then appealed to the Eleventh Circuit.

The Eleventh Circuit panel—comprising Judges Elizabeth Branch (a Donald Trump (R) appointee), Britt Grant (another Trump appointee), and Edward Carnes (a George H.W. Bush (R) appointee)—unanimously affirmed the lower court’s ruling. Writing for the court, Branch, said, “While voting often involves incidental costs like transportation, parking, child care, taking time off work, and—for those who choose to vote absentee by mail—the cost of a postage stamp, those incidental costs do not mean that Georgia has imposed an unconstitutional poll tax or fee on its voters.”

Sean Young, legal director for the Georgia affiliate of the American Civil Liberties Union (which was involved in the suit on behalf of the plaintiffs), said, “We are disappointed in the outcome. The ACLU of Georgia will continue to protect the sacred fundamental right to vote.” Regarding a possible appeal to the U.S. Supreme Court, Young said, “All legal options remain on the table.” 

Legislation update: Redistricting, electoral systems, and primary systems bills 

Redistricting legislation: So far this year, we’ve tracked at least 197 redistricting-related bills up for consideration in state legislatures. 

Redistricting legislation in the United States, 2021 
Current as of Sept. 1, 2021

Electoral systems legislation: So far this year, we’ve tracked at least 145 bills dealing with electoral systems that are up for consideration in state legislatures. 

Electoral systems legislation in the United States, 2021 
Current as of Sept. 1, 2021

Primary systems legislation: So far this year, we’ve tracked at least 20 bills dealing with primary systems that are up for consideration in state legislatures. 

Primary systems legislation in the United States, 2021 
Current as of Sept. 1, 2021