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Welcome to the Thursday, June 8, Brew. 

Here’s what’s in store for you as you start your day:

1. Tuesday’s election results roundup: One incumbent loses in New Jersey, and Denver gets a new mayor
2. On this date in 1976: Ohio voters approved the Ohio Joint Election of Governor and Lieutenant Governor Amendment
3. A roundtable of Ballotpedia reporters discuss highlights from this year’s state legislative sessions in the latest episode of On the Ballot

Tuesday’s election results roundup: One incumbent loses in New Jersey, and Denver gets a new mayor 

New Jersey held municipal and statewide legislative primaries on Tuesday, while Denver, Colorado, held a runoff election for mayor. Let’s dive into the key results:

One incumbent defeated in New Jersey’s state legislative primaries

Seventeen incumbents faced contested primaries on Tuesday, and all but one advanced to the general election. 

Democratic Sen. Nia Gill lost her primary, representing 1.1% of the 93 incumbents running for re-election. Overall, 76 incumbents, or 82% of the total running for re-election, didn’t face primary challengers and were guaranteed to advance to the general election. 

It is uncommon for New Jersey legislative incumbents to lose in primaries. 

From 2011 to 2017, no incumbents lost in primaries. In 2019, one Republican incumbent lost. A decade-high three incumbents lost primaries in 2021. 

Gill’s defeat comes in the state’s only incumbent v. incumbent primary, where she faced fellow incumbent Richard Codey (D). The two ended up in the same district following redistricting, guaranteeing at least one would lose.

Both incumbents were long-standing members of the Senate. Gill assumed office in 2002 and Codey in 1982. Codey is running unopposed in the November general election.

Click here to learn more about state legislative incumbents defeated so far in 2023. 

New Jersey is one of four states holding state legislative primaries in 2023, and the first to do so this year. 

The next state legislative primary date is June 20 in Virginia, where 17 incumbents are running in contested primaries, including two incumbent v. incumbent primaries.

Mississippi will hold its state legislative primaries on Aug. 8, followed by Louisiana on Oct. 14.

HDCO-endorsed incumbents advance in Hudson County

In Hudson county, a slate of candidates who received endorsements from the Hudson County Democratic Organization (HCDO) defeated a slate who received endorsements from the Progressive Democrats of Hudson County (PDHC) in the six contested Democratic primaries for the board of commissioners.

Five of the Democratic primaries had an incumbent, and one was for an open position. The HCDO endorsed all five contested incumbents as well as Robert Baselice in the open race. None of the six PDHC endorsees were incumbents, including Stephanie Martinez running in the open race.

The HDCO is the county-level affiliate of the state Democratic Party, and the PDHC is the county-level affiliate of the Progressive Democrats of New Jersey. 

No district had contested Republican primaries.

Additionally, HDCO-endorsed candidate Craig Guy defeated PDHC-endorsed Eleana Little in the Democratic primary for county executive. Guy is running unopposed in the November general election. Incumbent Thomas Degise (D), in office since 2002, did not seek re-election. 

Elsewhere in New Jersey, Essex County held primaries for county surrogate and its board of commissioners. Click here to view those results. 

Johnston defeats Brough in Denver’s mayoral runoff

In Colorado, former State Sen. Mike Johnston (D) defeated former Denver Metro Chamber of Commerce Kelly Brough in the runoff election for Denver mayor. As of this writing, Johnston had 56% to Brough’s 45%. 

Johnston and Brough advanced from a field of 22 candidates in the April 4 general election. Incumbent Michael Hancock (D), first elected in 2011, was term-limited. This was Denver’s fifth open mayoral election since 1959.

Ahead of the general election, Denverite’s Kyle Harris wrote that Brough and Johnston were “centrist candidates … [who] cleaved toward the middle, offering an optimistic vision while gently pushing for using policing in their homelessness solutions.” 

Both candidates highlighted public safety, homelessness, and housing affordability as key issues in this race.

Johnston’s endorsers included U.S. Rep. Brittany Pettersen (D), former Mayor Federico Peña, and a number of local unions. Brough’s endorsers included Gov. Bill Ritter (D), the Denver Police Protective Association, and the Denver Republican Party.

While the election was officially nonpartisan, Brough and Johnston are both Democrats.

We previewed this race in our May 30 edition. Click here to read more. 

Keep reading

On this date in 1976: Ohio voters approved the Ohio Joint Election of Governor and Lieutenant Governor Amendment

Earlier this week, we told you about a historical ballot measure of note—Prop 13 on June 6. Today let’s explore another measure in our database, this time from Ohio. 

Forty-seven years ago today, Ohio voters approved the Ohio Joint Election of Governor and Lieutenant Governor Amendment, a constitutional amendment providing that the lieutenant governor and governor run as a joint ticket in general elections.

The amendment also removed the lieutenant governor’s duty to preside over the state Senate and gave the General Assembly the power to determine the method for nominating the lieutenant governor and governor. 

Before the amendment’s implementation, Ohio’s governors and lieutenant governors were elected separately, which could result in officeholders from different parties. This happened 10 times in the 20th century, including in 1970, when Democrat John J. Gilligan was elected governor, and Republican John W. Brown was elected lieutenant governor.

In 1971, the Constitutional Revision Commission, a body created to suggest revisions to the state constitution, recommended “the Governor and the Lieutenant Governor be elected as a team, and that the General Assembly provide by law for the joint nomination of candidates for Governor and Lieutenant Governor.” The commission stated the change would “strengthen the executive role of the Lieutenant Governor and, by requiring political harmony between the two offices, insure continuity of public policy in the event of an abrupt transition of government.”

Gilligan and Brown both testified in favor of the change. Addressing the commission, Gilligan said:

“[…] It is the constitutional responsibility of the Lt. Governor to assume the duties of the Governor if the latter dies or becomes disabled. A close working relationship between the Governor and Lt. Governor will substantially ease the problems of the gubernatorial transition. I am certain that a Lt. Governor of the Governor’s own party will play a major role in much of the discussion and decision making process in the Governor’s office and will, therefore, be better equipped in an emergency to take over the duties of the State’s Chief Executive.”

Following the commission’s recommendation, the Ohio General Assembly referred the amendment to the ballot. Voters approved the measure 61% to 39% on June 8, 1976. 

The amendment’s approval didn’t take place in time to prevent the same situation from happening one last time, though. In the 1974 general election, two years before the amendment’s approval, both Gilligan and Brown lost to challengers from the opposing parties: Gilligan to Republican James Rhodes and Brown to Democrat Richard Celeste.

Today, Ohio is one of 26 states in which the lieutenant governor is selected on a ticket with the governor. 

In 18 of these states, including Ohio, gubernatorial candidates may pick their own running mates in a similar fashion to presidential candidates. In the remaining eight states, there are separate primaries for governor and lieutenant governor, with the winning candidate in each primary appearing on the general election ticket.

The lieutenant governor is elected separately from the governor in 17 states. In Tennessee and West Virginia, the title of lieutenant governor is given to the president of the state Senate.

Arizona was the last state to approve a measure to make the governor and lieutenant governor appear on a joint ticket. On Nov. 8, 2022, voters approved Proposition 131 55% to 45%. The measure created the position of lieutenant governor and provided that it should be elected on a joint ticket with the governor, beginning in 2026. Currently, Arizona is one of five states—alongside Maine, New Hampshire, Oregon, and Wyoming—where the position of lieutenant governor doesn’t exist. 

As of June 7, Louisiana, North Carolina and Vermont are the only states where the lieutenant governor and the governor are from different parties. Louisiana and North Carolina both have Democratic governors and Republican lieutenant governors, while Vermont has a Republican governor and a Democratic lieutenant governor. 

Keep reading 

A roundtable of Ballotpedia reporters discuss highlights from this year’s state legislative sessions in the latest episode of On the Ballot

On the Ballot, our weekly podcast, takes a closer look at the week’s top political stories.

In this week’s episode, host Victoria Rose and a roundtable of Ballotpedia’s reporters discuss highlights and trends from this year’s state legislative sessions as they begin to wind down. Among the topics they discuss is the increase in election-related legislative activity this year. States have enacted 175 election-related bills so far in 2023, compared to 156 at this point in 2022. Republicans sponsored more of the bills enacted this year than last, while the number of Democrat-sponsored bills has remained nearly the same.

Interested? Tune in! Episodes of On the Ballot come out Thursday afternoons, so if you’re reading this on the morning of June 8, you’ve still got time to subscribe to On the Ballot on your favorite podcast app before this week’s episode comes out!

Don’t miss out on the latest content! Click below to listen to older episodes and find links to where you can subscribe.
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Welcome to the Wednesday, June 7, Brew. 

Here’s what’s in store for you as you start your day:

1. Marijuana legalization on Florida’s 2024 ballot pending state supreme court review
2. Twenty upcoming vacancies among Article III judges
3. Hall Pass sneak peek: partisan school board elections

Marijuana legalization on Florida’s 2024 ballot pending state supreme court review

On June 1, state officials in Florida confirmed that Smart & Safe Florida, a campaign supporting a ballot initiative to legalize marijuana in the state, had submitted enough valid signatures to qualify for the 2024 ballot.

This measure would amend the state’s constitution to legalize marijuana for adults 21 years and older and allow the possession of up to three ounces of marijuana. If approved, Florida would become the 24th state to legalize marijuana for recreational usage. 

Whether the measure goes before voters next year depends on an upcoming state supreme court review required for all proposed initiatives under Florida law. Republican governors appointed all of the court’s seven justices.

The court must determine if the measure complies with the state’s single-subject rule, the appropriateness of its title and summary, and whether it “is facially valid under the United States Constitution.” Briefings are due by June 12.

Attorney General Ashley Moody (R) has already announced she does not believe the measure meets these requirements.

In 2021, Moody similarly argued against a proposed 2022 initiative to legalize marijuana, saying the ballot title was misleading and inaccurately stated the measure would legalize something that is illegal under federal law.

The state supreme court agreed and ruled 5-2 that the measure could not appear on the 2022 ballot. 

The ballot language for the proposed 2024 initiative includes a sentence saying, “Applies to Florida law; does not change, or immunize violations of, federal law.”

If this measure passes supreme court review, it would be the first marijuana-related measure to qualify for a statewide ballot in 2024. 

Ballotpedia is tracking three other potential statewide marijuana-related ballot measures in:

• Florida, where there is a separate measure to legalize the home cultivation of medical marijuana. Florida legalized medical marijuana in 2016, with 71% of voters in favor and 29% opposed;
• Nebraska, where supporters have until July 5, 2024, to submit the required number of valid signatures; and,
• Ohio, where supporters qualified to submit a marijuana legalization measure to the Legislature for consideration. The Legislature did not act on the proposal by May 3, meaning supporters now have until August to gather 124,046 additional signatures in order to qualify for the 2023 ballot.

Beyond ballot measures, state legislatures in Delaware and Minnesota have legalized marijuana this year. Both states have Democratic trifectas.

As of June 5, 23 states and Washington D.C. have legalized the possession and personal use of marijuana for recreational purposes. This includes 16 states with Democratic trifectas, two with Republican trifectas, and five with divided governments.

Voters decided on legalization measures in 14 states and D.C. The average yes vote was 58%, and the average no vote was 42%, with an average margin of victory of 16 percentage points.

Keep reading 

Twenty upcoming vacancies among Article III judges

According to data from the U.S. Courts, there are 20 announced upcoming vacancies for Article III judgeships. This is in addition to the 73 current federal judiciary vacancies out of the 870 such judgeships. The 93 vacancies represent 11% of the federal judgeships.

These announced upcoming vacancies are not yet vacant but will be at some point in the future, with every judge having announced their intent to either leave the bench or assume senior status. In the meantime, these judges continue to serve in their current positions. 

The president does not need to wait for a judgeship to become vacant before beginning the confirmation process for a successor.

The next scheduled vacancy occurs on June 8, when Judge Micaela Alvarez assumes senior status on the U.S. District Court for the Southern District of Texas.

Article III judgeships refer to federal judges serving on the U.S. Supreme Court, the U.S. Court of International Trade, one of the 13 U.S. courts of appeal, or one of the 94 U.S. district courts. The president appoints judges to lifetime terms subject to Senate confirmation.

As of June 5, the Senate has confirmed 130 of President Joe Biden’s (D) Article III nominees. That’s the second-most among any president at this point in their presidency since Ronald Reagan’s (R). By June 1 of the thor year in his term, only Bill Clinton (D) had made more appointments at 145.

Keep reading 

Hall Pass sneak peek: partisan school board elections

Today, we’re bringing you a sneak peek from one of our latest reader-response questions in Hall Pass, our weekly newsletter on the policies and politics of America’s schools.

If you’re already a Hall Pass subscriber, you know that we often ask you—the reader—a question about your thoughts and what’s happening in your school district. Then, we share some of the replies we receive.

Recently, we’ve asked questions about district reading programs, four-day school weeks, and proposed budgets.

Last week, we asked Should the law allow school districts to hold partisan elections?

This is an important question, and one more and more voters are experiencing firsthand. In 2021, Tennessee became the most recent state to allow for partisan school board elections. And voters in Florida will decide whether to change to a partisan election method in 2024.

Even in states that hold nonpartisan school board elections, it’s common for political parties to weigh in and endorse candidates. This year, in Wisconsin, Republican Party affiliates endorsed 152 candidates, and Democratic Party affiliates endorsed 62.

Here are a few replies we’ve received so far:

A teacher from Virginia wrote:

No, and I would go farther and prohibit parties from even endorsing candidates. Things are already divisive enough in education and bringing political parties into the process would just make the polarization even worse.

A school board member from Wisconsin wrote:

No. However, non-partisan elections simply means you do not need to declare a party or have a party primary. A candidate can still state their political affiliation/ideology and get support from a political party. Everyone has a political ideology, philosophy or belief as to the role of government and a candidate should not hide their ideology behind the label ‘non-partisan.’

Readers from Texas, Colorado, Maryland, and Wisconsin answered “yes” to the question but did not elaborate.

If you want to see more replies, subscribe to Hall Pass, where we will have a full story out later today, June 7!

By subscribing, you’ll also be getting a weekly roundup of the sharpest commentary and research from across the political spectrum on education, as well as the latest on school board elections and recall efforts.

Keep reading 

Welcome to the Tuesday, June 6, Brew. 

By: Samuel Wonacott and Douglas Kronaizl

Here’s what’s in store for you as you start your day:

1. Previewing Virginia’s June 20 primaries
2. On this date in 1978: California voters approved Proposition 13 limiting property taxes
3. 62 candidates filed for federal and statewide offices last week

Previewing Virginia’s June 20 primaries

Today is primary day in New Jersey. In case you missed our preview, get caught up here. Now, let’s look ahead to Virginia’s June 20 primaries.

The Virginia General Assembly is holding a decade-high number of state legislative primaries on June 20.

In total, there are 47 contested primaries—31 for Democrats and 16 for Republicans—up 88% from 2021 and up 34% from 2019, the last time both the Senate and House held elections. Unlike in other states, in Virginia, local party organizations can decide whether to hold primary elections or some other method, like conventions, for selecting general election candidates. Fifty-five district Republican parties—42 in the house and 13 in the Senate—scheduled conventions to select candidates. 

These totals include 17 incumbents facing contested primaries—12 Democrats and five Republicans—representing 18% of all incumbents running for re-election.

Most of the incumbents facing challengers are in the Senate, making up more than one-third of those running for re-election. The six incumbents facing challengers in the House represent 9% of those running for re-election.

Based on media coverage and other competitiveness metrics, Ballotpedia identified 14 battleground primaries—eight in the Senate and six in the House.

Here’s a preview of some of the races we are watching closely.

Senate District 12

Incumbent Amanda Chase, nonprofit founder Tina Ramirez, and former state Sen. Glenn Sturtevant are running in the Republican primary.

Chase assumed office in 2016. The chamber censured her in 2021 following comments she made supporting events at the U.S. Capitol on Jan. 6.

The Washington Post’s Laura Vozzella wrote, “Chase’s challengers … are trying to convince voters in a newly drawn suburban district south of Richmond that they’d cut the same staunchly conservative figure in the Capitol as the incumbent — without the drama.”

Elections Daily’s Joe Szymanski said the presence of two challengers, rather than one, could affect the primary’s outcome, writing, “[I]t’s nowhere near a certainty that [Chase] loses and with multiple opponents, in only increases the chances she survives.”

House District 55

Amy Laufer and Kellen Squire are running in the Democratic primary for this open district.

Laufer, a former teacher, served on the Charlottesville City School Board from 2011 to 2019 and is a former Chair of the Albemarle County Democrats.

Squire is an emergency room nurse and C.E.O. of a nature advocacy organization.

Szymanski described this race as “a primary that could end up being the closest of them all” and said, “Squire has taken the more progressive wing here- hyping his large base of small donors, one of the largest in Virginia.”

Szymanski said “Laufer is still progressive, albeit slightly less so than Squire, and has key institutional support,” pointing to endorsements from state Sens. Scott Surovell (D) and Louise Lucas (D).

Incumbent v. incumbent primaries

Our list of battleground primaries also includes the General Assembly’s two incumbent v. incumbent primaries. This is Virginia’s first election following redistricting. Under new lines, multiple incumbents might end up living in the same district and running against each other for re-election.

In the Senate, there is an incumbent v. incumbent primary in District 18 between Sens. Louise Lucas (D) and Lionell Spruill (D). Lucas assumed office in 1992 and is the chamber’s current President Pro Tempore. Spruill assumed office in the Senate in 2016 after having served in the House since 1994.

In the House, District 47 has an incumbent v. incumbent primary between Dels. Marie March (R) and Wren Williams (R), both of whom assumed office in 2022.

Virginia is one of 11 states with a divided government. Democrats have a 22-18 majority in the Senate, while Republicans control the governorship—which is not up for election until 2025—and have a 50-46 majority in the House.

While the primaries are first on the calendar, control of both chambers will likely come down to just a handful of races in November.

CNalysis rates both chambers as Lean Democratic. In the 40-member Senate, the outlet rates two districts as Toss-Ups, with the other 38 favoring one party or the other. The outlet has four Toss-Up districts in the 100-member House.

Keep reading 

On this date in 1978: California voters approved Proposition 13 limiting property taxes

Today, June 6, marks the 45th anniversary of the passage of Proposition 13 in California. 

This initiated constitutional amendment limited property tax to no more than 1% of a property’s assessed value in 1976 and limited annual increases for the inflation rate or 2%, whichever is less.

The Hoover Institution’s Steven Hayward wrote, “The widespread public backlash against high taxes that began in California,” with the passage of Prop. 13, “contributed to Ronald Reagan’s election to the White House in 1980 … and pushed taxes to the top tier of national political issues.” In 2014, then-Gov. Jerry Brown (D), running for re-election, said he would not seek to change the law: “Prop. 13 is a sacred doctrine that should never be questioned. That doesn’t mean that we can’t look at our tax code in various ways.”

Voters approved the measure 65%-35%.

In addition to its property tax limitations, Prop. 13:

• Prohibited the Legislature from enacting new taxes on the value or sale of properties;
• Required local governments to refer special taxes to the ballot where they need a two-thirds majority to pass; and,
• Require a two-thirds vote in the Legislature to increase non-property taxes.

Prop. 13 has also had a lasting effect on Californians’ ballots. Since its passage, voters have decided 34 statewide measures to change rules, requirements, and rates tied to Prop. 13, approving 24 and rejecting 10.

Most recently, in 2020, voters weighed in on Props. 15 and 19:

• Prop. 15 would have required that most commercial and industrial properties be taxed based on their market value rather than purchase price. Voters defeated this measure 52 to 48%.
• Prop. 19 changed rules regarding the transference of tax assessments when moving or inheriting property and directed additional revenue or savings to counties and wildfire agencies. Voters approved this measure 51% to 49%.

Keep reading 

62 candidates filed for federal and statewide offices last week

Last week, 62 candidates filed to run for congressional and state offices—including for elections in 2023, 2024, 2025, and 2026. That’s the same number of candidates who declared for congressional and state offices two weeks ago.

This year, we’ve tracked 1,118 declared candidates for congressional and statewide offices. At this time in 2021, we had identified 1,372 declared candidates for 2022, 2023, and 2024 races.

Here’s a breakdown of the candidates who declared last week:

Of the partisan nature of the declared candidates: 

• 36 are Democrats.
• 20 are Republicans.
• 4 are running as Libertarians. 
• Two independents. 

Of the offices tracked:

• 50 candidates filed for Congress.
• 10 candidates filed for state legislature. 
• 2 candidates filed for governorships.

Between March 6 and May 17, we tracked an average of 26 candidates who filed for congressional or state elections. Between April 17 and May 29, that average increased to 45 candidates.

We cover elections for tens of thousands of offices across the country, and part of that work includes keeping tabs on the candidates who file to run for those offices. We’ll periodically update you on how many candidates are signing up to run for state and congressional offices. We process both official and declared candidates.

Click here to read more about our definition of candidacy. Click the link below to see a list of all declared candidates for federal elections in 2024. 

Keep reading

Welcome to the Monday, June 5, Brew. 

Here’s what’s in store for you as you start your day:

1. A preview of tomorrow’s New Jersey statewide primaries
2. Biden issued two executive orders in May on sanctions and coronavirus vaccine requirements
3. States continue to enact more election-related legislation this year than in 2022

A preview of tomorrow’s New Jersey statewide primaries

Tomorrow is Tuesday, and that means it’s Election Day somewhere. This week, that somewhere is New Jersey.

The Garden State is holding municipal and state legislative primaries tomorrow. The state is one of four, along with Louisiana, Mississippi, and Virginia, holding state legislative elections this year. Tomorrow’s primary is the first state legislative primary date of the 2023 election cycle.

Here’s what you need to know. 

State legislative districts

The 28 open seats this year are the most in a decade, with eight open in the Senate and 20 in the General Assembly. There were 12 open seats in 2021 and 13 in 2017, when the entire Legislature was up for election.

All 120 seats in the state legislature are up for election this year: 40 in the Senate and 80 in the General Assembly. 

This is New Jersey’s first election under new state legislative maps following the 2020 redistricting, The number of open seats tends to rise following redistricting. 

Some incumbents may opt against running for re-election because the partisan makeup has changed. Others may not run because they now live in a district with another incumbent.

This year, 27 incumbents are retiring, 20 in the General Assembly and seven in the Senate.

Seventeen incumbents face contested primaries this year. There were 10 such primaries in 2021 and 25 in 2019.

Overall, 21 primaries—12 Democratic and nine Republican—are contested. That’s the most since 2017, when 25 primaries were contested. 

Three incumbents are running in new districts this year: 

• In the Senate, Sen. Nia Gill (D) is leaving her District 34 seat open to run in District 27. Gill will face the district’s incumbent, Sen. Richard Codey (D), in a Democratic primary.

• In the General Assembly, Assms. Brian Bergen (R) and Christian Barranco (R) are switching districts. Bergen is moving from District 25 to District 26, and vice versa for Barranco.

Democrats currently have a 45-34 majority in the General Assembly, with one vacancy, and a 25-15 majority in the Senate. Governor Phil Murphy is a Democrat, making the state a Democratic trifecta.

New Jersey Assembly members serve two-year terms, with all seats up for election every two years. New Jersey Senators serve four-year terms, except in the first term of a new decade (like the current one), which only lasts for two years.

New Jersey’s General Assembly and Senate are two of eight state legislative chambers up for election this year. There are 99 chambers throughout the country.

Municipal elections

Essex and Hudson counties—where Newark and Jersey City, respectively, are located—are holding primaries for their board of commissioners. All nine board seats are up for election in each county. 

Essex County is also holding primaries for county surrogate—a probate judge with jurisdiction over the handling of wills and other estate matters. Incumbent Alturrick Kenney, in office since 2019, is the only candidate running in the Democratic primary. Peter Russo is the only candidate running in the Republican race. 

The office of county executive is also on the ballot in Hudson County. Eleana Little and Craig Guy are running in the Democratic primary. There are no candidates on the ballot in the Republican primary. Incumbent Thomas Degise (D), in office since 2002, is not running for re-election. 

What else should I know?

New Jersey conducts semi-closed primaries, meaning a voter generally must be registered as a party member in order to participate in that party’s primary. An unaffiliated voter can participate in a party’s primary if they affiliate with a party on the day of the election. Otherwise, voters must indicate their party preference (e.g., via an updated voter registration) no later than the 55th day preceding the primary.

Winners in New Jersey primaries are determined via plurality vote, meaning that the candidate with the most votes wins even if they did not win more than 50 percent of votes cast. There are no runoffs.

The general election for all the seats up for election tomorrow is Nov. 7. 

Keep reading 

Biden issued two executive orders in May on sanctions and coronavirus vaccine requirements

President Joe Biden (D) issued two executive orders in May, bringing his total to 115. That’s more than the number of executive orders the three previous presidents had issued at this point in time. President Donald Trump (R) had issued 109 executive orders at this point, President Barack Obama (D) had issued 86, and President George W. Bush (R) had issued 110. 

The two orders he issued last month were:

1. Executive Order on Moving Beyond COVID-⁠19 Vaccination Requirements for Federal Workers (May 9, 2023)
2. Executive Order on Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition (May 4, 2023)

Biden issued 25 executive orders in January 2021, more than any other month of his presidency. He did not issue any executive orders in November 2022 and January 2023.

Biden is averaging 48 executive orders per year, tied with Ronald Reagan (R) for the second-most among presidents since 1981. Donald Trump (R) averaged 55 executive orders per year, the most in that time. Barack Obama (D) averaged 35 per year, the fewest in that time. Presidents over the last 40 years have issued an average of 40 executive orders per year.

Franklin D. Roosevelt (D) issued an average of 307 executive orders per year, the most of all U.S. presidents. William Henry Harrison (Whig) averaged the fewest, issuing none during his one month in office. Three presidents issued only one executive order each: James Madison (Democratic-Republican), James Monroe (Democratic-Republican), and John Adams (Federalist).

Keep reading 

States continue to enact more election-related legislation this year than in 2022

As of June 1, legislators across the country have enacted 174 election-related bills this year, 32 more than the 142 bills states had enacted at this point in 2022.

Tennessee has enacted the most bills this year (17). In 2022, New York and California had enacted the most bills at this point. 

Of this year’s 174 enacted bills, Republicans sponsored 106, or 63%, up from 54% of the total enacted at this point last year. Democrats sponsored 16%, down from 18% in 2022. Bills with bipartisan sponsorship make up 12% of the total enacted, down from 18% last year. Those with unclear partisan sponsorship are up to 10% from 9% in 2022. To see all bills approved this year, click here. 

This past week, state legislators enacted five new election-related bills, including:

• House Bill 05004, in Connecticut, which implements early voting in the state. 
• Senate Bill 2258, in Texas, which authorizes certain cities to change the date on which their general election for officers is held.
• House Bill 0508, in Vermont, which establishes that the City of Burlington will use ranked choice voting to elect the offices of mayor, city council, school commissioner, and ward election officer.

In addition to these five newly-enacted bills, 47 other bills passed one chamber this week, moving on to the next. No bills passed both chambers of a state legislature this week. 

You can view a full list of enacted bills this year here.

To stay up-to-date with the latest news in election-related legislation, subscribe to The Ballot Bulletin, our weekly newsletter—dropping every Friday afternoon—that delivers the latest updates on election policy. Every week, we track legislative activity, big-picture trends, recent news, and in-depth data from our Election Administration Legislation Tracker.

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Welcome to the Friday, June 2, Brew. 

By: Samuel Wonacott and Juan Garcia de Paredes 

Here’s what’s in store for you as you start your day:

1. An update on this year’s ballot measure certifications  
2. State supreme courts issued 89 opinions from May 22-28  
3. #FridayTrivia: How many states have laws allowing for charter schools?

An update on this year’s ballot measure certifications  

Now that we’ve entered June, let’s see where ballot measure certifications stand right now. 

Thus far, 26 statewide measures have been certified for the ballot in eight states. That’s 11 more than the average number—15—certified at this point in odd-numbered years from 2011 to 2021. 

The last time we looked at this year’s certified measures, on May 19, 13 had been cleared for the ballot. We often see a jump in certifications around this time of the year because, in many states, legislative sessions are ending, and lawmakers often wait until the end of the session to pass legislation.  

Here’s an update on the latest ballot measure activity.

Seven new measures were certified for the 2023 ballot last week:

1. Louisiana Constitutional Right to Worship in a Church or Place of Worship Amendment
2. Louisiana Prohibit Property Tax Exemptions for Nonprofits Owning Damaged Residential Property Amendment
3. Texas Broadband Infrastructure Fund Amendment
4. Texas Changes to Teacher Retirement System Amendment
5. Texas Energy Fund Amendment
6. Texas University Fund and Appropriations Limit Exemption Amendment
7. Texas Water Fund Amendment

Signatures have been submitted and are pending verification for one initiative in Michigan:

1. Michigan $15 Minimum Wage Initiative (2024)

Signatures were verified for three indirect initiatives in Maine, and the initiatives are now before legislators:

1. Maine Prohibit Foreign Spending in Elections Initiative
2. Maine Voter Approval of Borrowing Above $1 Billion by State Entities and Electric Cooperatives Initiative
3. Maine “Right to Repair Law” Vehicle Data Access Requirement Initiative

The first two Maine measures above are related to another measure certified for the ballot this year in the Pine Tree State—the Maine Creation of Pine Tree Power Company Initiative. The story of that initiative spans from Canada to Maine to Spain and includes power lines, consumer-owned utility companies, and fierce disagreement over a cross-border electricity transmission project. Click here to read more. 

In Ohio, one initiative to legalize marijuana was certified to the Legislature, which had four months to act on the proposal. Because the Legislature took no action, a second 90-day signature-gathering period began on May 3.

For 2024, 38 statewide measures have been certified in 20 states. That’s six more measures than the average number certified at this point from 2010 to 2022.

Two new measures were certified for the 2024 ballot last week:

1. Connecticut No-Excuse Absentee Voting Amendment
2. Nevada Revising Language Related to Public Entities for Individuals with Mental Illness, Blindness, or Deafness Amendment

Learn more about 2023 and 2024 ballot measures at the link below. 

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State supreme courts issued 89 opinions from May 22-28  

We’re at that time of the year when the U.S. Supreme Court (SCOTUS) releases its most consequential rulings, inevitably drowning out news from the country’s lower courts (bookmark this page to stay up to date on those decisions as they’re released through June). That said, we like to keep a close eye on rulings from the country’s 52 state courts of last resort, otherwise known as state supreme courts (yes, 52 – Oklahoma and Texas each have two different courts of last resort). 

Here’s a look at recent state supreme court rulings. 

State supreme courts issued 89 opinions from May 22-28. The Delaware Supreme Court led the field with nine opinions issued, followed by Massachusetts, Montana, and New York, with six each. Last week’s 89 opinions account for 3% of the year-to-date total of 2,754. The West Virginia Supreme Court leads with 201 opinions issued since Jan. 1, followed by Pennsylvania with 194 and Delaware with 168.

State supreme courts have been issuing an average of 131 opinions per week so far this year. This figure is less than the 2022 weekly average of 143. It’s also less than the average of 160 opinions issued per week in 2021.

Supreme courts in 16 states have issued fewer than 25 opinions since the start of the year.

Some of the state supreme court opinions issued this year include those in:

1. Tennessee, where the court held that “a defendant healthcare provider cannot be compelled to provide expert opinion testimony about a co-defendant healthcare provider’s standard of care and/or deviation from that standard;”
2. New York, where the court “held that the negligence claims brought in this case involving two separate murders on property owned by the New York City Housing Authority (NYCHA) should advance to a jury trial;” and,
3. Colorado, where the court affirmed that “when a defendant presents psychiatric evidence supporting their insanity defense, they can open the door to the admission of psychiatric evidence rebutting that defense, even if the evidence includes the defendant’s voluntary but non-Miranda-compliant statements. Additionally, the Court held that § 16-8-103.6(2)(a), C.R.S. (2022)’s waiver of privilege as to ‘communications made by the defendant to a physician or psychologist’ includes communications made to a physician’s or psychologist’s agents.”

Supreme courts in Pennsylvania, West Virginia, Texas, and Delaware regularly end the year as some of the country’s most active courts. Collectively, they accounted for 26% of all opinions issued in 2021 and 2022, and, to date, 28% in 2023.

Supreme courts do not hear trials of cases. Instead, they hear appeals of decisions made in lower courts. The number of justices on each state supreme court ranges between five and nine.

In 2020, we conducted a study identifying the partisan balance on every state supreme court. You can find that research here. We also identified which justices ruled together most often in our Determiners and Dissenters report found here.

Learn more about state supreme court rulings at the link below. 

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#FridayTrivia: How many states have laws allowing for charter schools?

In the May 30 Brew, we looked at a recent story we featured in Hall Pass, our school board and education newsletter, about Montana becoming the latest state to allow for public charter schools. Montana Gov. Greg Gianforte (R) signed legislation authorizing the creation of charter schools on May 18. 

Minnesota was the first state to pass a law authorizing charter schools in 1991. Since then, such schools have expanded across the country. 

How many states now have laws allowing for the creation of charter schools?

1. 32
2. 25
3. 46
4. 39