Welcome to the Friday, March 24, Brew. 

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

1. South Carolina legislature considers amendment to appoint rather than elect state comptroller
2. Recall effort against New Orleans mayor fails to qualify for the ballot
3. #FridayTrivia: How many vetoes has Congress overridden in U.S. history?

South Carolina legislature considers amendment to appoint rather than elect state comptroller

South Carolina legislators are considering a constitutional amendment to make the state’s comptroller general appointed by the governor rather than elected. 

If passed with a two-thirds majority in both chambers, the amendment would appear on the 2024 ballot for voter approval, where it would require a simple majority to become law.

South Carolina is one of 19 states with a comptroller, also known as a controller, a state-level financial officer, and one of nine states that elect its comptroller directly. Most comptrollers share duties similar to state treasurers, exercising powers related to budgetary and management matters.

South Carolina’s current comptroller, Richard Eckstrom (R), was first elected in 2002 and has been re-elected five times. Eckstrom ran unopposed in 2018 and 2022, and last faced a contested Republican primary in 2010.

South Carolina’s government is one of 22 with a Republican trifecta. The party currently controls the governorship and holds a 30-15-1 majority in the Senate and an 88-36 majority in the House.

South Carolina voters rejected an amendment to make the state superintendent an appointed, rather than elected, position in 2018, with 60% opposed.

In 2012, 56% of voters approved an amendment allowing gubernatorial candidates to select their lieutenant gubernatorial running mates. Previously, voters had elected both offices separately.

If the comptroller amendment makes it onto the 2024 ballot and is approved, the position would become appointed after the current comptroller’s term expires. Eckstrom’s term will expire in 2027.

In general, state financial officers—including treasurers, auditors, and comptrollers—are responsible for auditing other government offices, managing payroll, and overseeing pensions. In some states, these officers also invest state retirement and trust funds.

State financial officers are part of the debate over environmental, social, and corporate governance (ESG), an approach to investing and corporate decision-making. If you’d like to learn more about the political and economic debates around ESG, subscribe to Economy and Society, our weekly newsletter that delivers information on the growing intersection of business and politics.

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Recall effort against New Orleans mayor fails to qualify for the ballot

Last week, we brought you an update from New Orleans regarding the effort to recall Mayor LaToya Cantrell (D).

On March 21, Gov. John Bel Edwards (D) announced the effort failed, saying recall supporters had submitted 27,219 valid signatures, around 18,000 fewer than the 44,976 needed.

That signature threshold—44,976—was subject to debate throughout the process. Heading into 2023, the signature requirement was 49,975. 

But on March 1, Secretary of State Kyle Ardoin (R) and recall supporters announced a consent judgment, revising the number of registered voters in Orleans Parish from 249,876 to 224,876, lowering the signature requirement to its 44,976 level.

Following Bel Edward’s announcement, Cantrell said, “[W]ith the divisiveness of the failed recall campaign officially behind us, we must heal and recommit ourselves to working collaboratively to continue the progress we’ve made.”

Recall supporters said, “The efforts of the recall have only just begun … We are exploring all legal options at this time … We will continue to demand accountability from our elected officials.”

It is uncommon for recall efforts against mayors in the country’s 100 most populous cities to make it onto the ballot.

Since 2010, Ballotpedia has tracked 44 such recall efforts, including Cantrell’s. Forty-two efforts failed to make the ballot.

Of that list, only one, in Omaha, went to a vote in 2011, where Mayor Jim Suttle retained his position with 51% of the vote. The other, in 2013, ended because San Diego Mayor Bob Filner resigned.

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#FridayTrivia: How many vetoes has Congress overridden in U.S. history?

In the Wednesday Brew, we told you about President Joe Biden’s (D) veto on March 20, the first veto of his presidency. When the president vetoes a bill, Congress can override it and enact the law with a two-thirds vote in both chambers. While this week’s veto was Biden’s first, presidents have issued 2,585 vetoes in total.

How many vetoes has Congress overridden in U.S. history?

1. 487 (19%)
2. 298 (12%)
3. 49 (2%)
4. 112 (4%)

Welcome to the Wednesday, March 22, Brew. 

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

1. Biden issues first veto of his presidency
2. Voters in El Paso, Texas, to decide on a charter amendment to require the city to consider climate change 
3. Robe & Gavel—your one-stop shop for SCOTUS and other judicial news  

Biden issues first veto of his presidency

On March 20, President Joe Biden (D) vetoed the first legislation of his presidency, sending a measure back to Congress that would have prohibited retirement account managers from using certain environmental, social, and corporate governance (ESG) factors to inform investment decisions. 

ESG refers to an approach to investing and corporate decision-making. Organizations and investors apply ESG analysis in different ways, including basing investments on a company’s values and looking at the broader social and economic effects from investment and divestment. 

If you’d like to learn more about the political and economic debates around ESG, subscribe to Economy and Society, our weekly newsletter that delivers news and information on the growing intersection of business and politics. In the March 21 edition, we explore the various responses to Biden’s veto from across the political spectrum.  

The House of Representatives approved the resolution 216-204 on Feb. 28, 2023, with 215 Republicans and one Democrat, Rep. Jared Golden (D-Maine), voting yes. The Senate approved it 50-46 on March 1, with 48 Republicans and two Democrats, Sens. Joe Manchin (D-W.V.) and Jon Tester (D-Mont.), voting yes. 

Congress can override a presidential veto with a two-thirds majority vote in both chambers. 

Presidents have issued 2,585 vetoes in American history, and Congress has overridden 112. President Franklin D. Roosevelt vetoed 635 bills, the most of any president. Presidents John Adams, Thomas Jefferson, John Q. Adams, William H. Harrison, Zachary Taylor, Millard Fillmore, and James A. Garfield did not issue any vetoes.

Dating back to 1981, President Ronald Reagan (R) issued the most vetoes with 87. Biden has issued the fewest, followed by President Donald Trump (R) with nine.

Click below to learn more about Biden’s presidential vetoes. 

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Voters in El Paso, Texas, to decide on a charter amendment to require the city to consider climate change 

On May 6, El Paso voters will vote on Proposition K, a charter amendment that would declare the following goals for the city: “first, to reduce the City’s contribution to climate change; second, to invest in an environmentally sustainable future; and third, to advance the cause of climate justice.”

Among other things, the charter amendment would also:

• Require El Paso to use energy generated by renewable sources (defined as “energy generated without burning carbon or releasing greenhouse gasses”), with a goal of 100% by 2045;
• Prohibit fees and fines “that limit the purchase, use, or generation of renewable energy;”
• Create the appointed position of Climate Director, who would be charged with fulfilling the amendment’s goals, creating an annual Solar Power Generation Plan, producing a climate impact statement for proposals before the El Paso City Council, and leading a new Climate Department;
• Direct the City Manager and Climate Director to collaborate on creating climate jobs, defined as jobs that help meet the amendment’s goals, and creating a Climate Disaster Mitigation and Preparedness Plan

In July 2022, organizers for Sunrise El Paso and Ground Game Texas submitted 36,360 signatures to get the initiative on the ballot. El Paso city officials verified that more than 20,000 valid signatures were submitted on Nov. 11, 2022, and qualified the initiative for the ballot.

Sunrise El Paso said in a statement, “We are working to bring green jobs to El Paso, build solar power, conserve water and protect its quality, address pollution head-on in our communities, fight against environmental racism and inequity, encourage a municipalized electric utility, and so much more through this people-led initiative.”

Opponents to the amendment include the El Paso Chamber of Commerce, El Paso Electric, and Borderplex Alliance.

El Paso Electric said, “While we share the same goals of an environmentally sustainable future for our region, we are embedding and evaluating all possible technology and generation to achieve these goals. We believe the (climate charter) proposition is too limited and does not include the wide array of customer solutions and technology to affordably achieve the agreed upon goals.”

El Paso is the country’s 22nd-largest city by population. Voters will also decide on 10 other charter amendments on May 6. Read more about Proposition K at the link below.
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Robe & Gavel—your one-stop shop for SCOTUS and other judicial news  

The federal judiciary includes nearly 1,770 judgeships authorized across 209 courts. 

Robe & Gavel, our newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S, just dropped with its most recent issue yesterday. In each edition, we bring you informed analysis about the cases SCOTUS has agreed to hear and the opinions it has issued, as well as news about retirements, nominations, and important rulings coming out of other federal courts. 

Here’s some of what we’re covering:

• A new case SCOTUS recently agreed to hear: Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC concerns federal admiralty law and choice of law clauses in contracts relating to sea vessels. The case originated from the U.S. Court of Appeals for the Third Circuit.
• The four cases SCOTUS will hear over the next week.
  • Arizona v. Navajo Nation
  • Abitron Austria GmbH v. Hetronic International, Inc.
  • Coinbase, Inc. v. Bielski
  • Jack Daniel’s Properties, Inc. v. VIP Products LLC
• The five judicial nominees the U.S. Senate has confirmed since March 7.
• Federal judicial vacancy numbers and historical context

Click the link below to subscribe and stay up to date on important federal judicial news. As we like to say, we #SCOTUS and you can, too! 

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Welcome to the Tuesday, March 21, Brew. 

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

1. Two weeks until Chicago mayoral, Wisconsin Supreme Court elections
2. All three candidates in Mississippi House District 111 Republican primary submit Candidate Connection Surveys
3. Republicans control 55% of all state legislative seats, Democrats with 45%

Two weeks until Chicago mayoral, Wisconsin Supreme Court elections

Two weeks from today, on April 4, voters will decide two of this year’s most-watched elections: Chicago’s mayoral runoff and Wisconsin’s state Supreme Court general election.

Here’s a quick look at where things stand in both of these contests.

Chicago mayoral

Cook County Commissioner Brandon Johnson (D) and former CEO of Chicago Public Schools Paul Vallas (D) advanced to the April 4 runoff as the top two vote-getters in the Feb. 28 general election.

Johnson and Vallas received the most votes out of the nine-candidate field, with 21.6% and 32.9%, respectively. 

Incumbent Lori Lightfoot (D) placed third, becoming the first incumbent mayor to lose re-election in Chicago in 34 years.

This means, on Feb. 28, 45.5% of voters cast their ballots for a candidate no longer on the ballot.

Since then, five of those seven candidates have endorsed either Johnson or Vallas.

• U.S. Rep. Jesus “Chuy” Garcia (D) and state Rep. Kambium Buckner (D) endorsed Johnson.
• Willie Wilson (I), Ja’Mal Green (D), and Ald. Roderick Sawyer (D) endorsed Vallas. 
• Collectively, Johnson’s endorsers got 15.7% of the vote on Feb. 28, and Vallas’ endorsers received 11.7%.
• Two candidates—Lightfoot, who had 16.8% of the vote, and Ald. Sophia King, who received 1.3%—have not yet made an endorsement.

Wisconsin Supreme Court

In Wisconsin, voters will decide the ideological balance of their state supreme court, choosing between Milwaukee County Circuit Judge Janet Protasiewicz and former Justice Daniel Kelly.

While Wisconsin’s supreme court elections are officially nonpartisan, PBS Wisconsin’s Zac Schultz wrote, “Protasiewicz and Kelly are heavily aligned with the Democratic and Republican parties, respectively.”

The winner will succeed retiring Justice Patience Roggensack, a member of the court’s current 4-3 conservative majority. If Protasiewicz wins, the court will switch to a 4-3 liberal majority. If Kelly wins, the conservative majority will remain.

According to WisPolitics.com, this race has had more than $27 million in spending, making it the most expensive judicial election in U.S. history, breaking a $15 million record set in a 2004 Illinois Supreme Court election.

That $27 million figure includes candidate spending, but most of it—$18 million according to the Wisconsin Democracy Campaign—has come from satellite groups.

Here’s a look at some of the biggest spenders on both sides:

A Better Wisconsin Together—a committee whose largest donors are labor unions and Democratic ideological groups—has spent more than $5 million supporting Protasiewicz and opposing Kelly.

On Feb. 23, the group released an ad saying Kelly “repeatedly attacked abortion rights and groups fighting to protect them” and  “is endorsed by groups who’d ban abortions, with no exceptions for rape or incest.”

Fair Courts America—a committee funded primarily by Richard Uihlein, owner of a shipping and packaging supply company—has spent more than $4.6 million supporting Kelly and opposing Protasiewicz.

In early March, the group published a website supporting Kelly and opposing Protasiewicz, describing her as “Dan Kelly’s dangerous opponent … Her record = putting criminals back on the street as soon as possible!”

Additionally, today, March 21, the State Bar of Wisconsin, WISC-TV, and WisPolitics.com will host the only debate between the two candidates ahead of the April 4 election.

Barring any vacancies in the interim, the next supreme court election in Wisconsin will be in 2025, when Justice Ann Walsh Bradley’s term expires. Walsh is a member of the court’s current liberal majority.

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All three candidates in Mississippi House District 111 Republican primary submit Candidate Connection Surveys

All three candidates running in the Aug. 8 Republican primary for Mississippi’s House District 111 have submitted Candidate Connection Surveys.

This is the district’s first contested Republican primary in more than a decade. Because no Democrats are running, the winner will become the district’s next representative. The three candidates are:

• Eric Camp, a clergyman, sheriff’s department deputy, and cattle farmer;
• Jimmy Fondren, an attorney and business owner; and,
• David Carson Futch, an attorney, welder, and maintenance engineer.

Incumbent Rep. Charles Busby (R), first elected in 2011, is running for the state’s Transportation Commission this year, leaving the district open.

In the survey, we ask each candidate to tell us what they think is their state’s greatest challenge over the next decade.

Here’s what the District 111 candidates said. Click on their names to view their full survey responses:

• Camp: “Infrastructure and Education.”

• Fondren: “As a younger candidate … [w]e must figure out ways to not only keep our younger generation in Mississippi, but also ways to recruit new residents into the state.”

• Carson Futch: “Energy cost” 

Mississippi is one of four states that hold state legislative elections in odd-numbered years. Winners in both chambers serve four-year terms.

All 174 state legislative districts—122 in the House and 52 in the Senate—are up for election. Republicans currently hold a 77-42-3 majority in the House and a 36-15-1 majority in the Senate.

When an election reaches 100% survey completion, we make sure to let others know. In 2022, 320 races met this threshold, which you can see here.

We invite every candidate running in an election we cover to complete our Candidate Connection Survey and share what motivates them on political and personal levels. Our survey helps voters better understand how candidates think about the world and how they intend to govern.

If you are running for office, please consider submitting a survey here. You can also share the link with any candidates you want to hear from directly.

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Republicans control 55% of all state legislative seats, Democrats with 45%

Ballotpedia’s March count of the nation’s 7,386 state legislators found that 55% are Republicans and 45% are Democrats.

Republicans control 56 of the country’s 99 legislative chambers, while Democrats control 41. The Alaska House and Senate both have multipartisan, power-sharing coalitions.

Since last month, Democrats have gained four seats, and Republicans gained six.

Compared to March last year, Democrats’ share of state legislative seats is up 0.1 percentage points (44.4% to 44.5%). Republicans’ share is up 0.6 percentage points (54.3% to 54.9%).

Republicans have controlled a majority of state legislative seats since 2011, making this the party’s longest period of majority control at that level of government in more than 100 years. Democrats’ longest period of majority control lasted 48 years, from 1955 to 2003.

From 1923 to 2023, Democrats controlled a majority of seats for 73 years, and Republicans held the majority for 26.

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Welcome to the Monday, March 20, Brew. 

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

1. A preview of Jacksonville’s March 21 mayoral election
2. Arkansas increases the signature distribution requirement for citizen initiatives  
3. There have been eight state supreme court vacancy announcements since the beginning of the year

A preview of Jacksonville’s March 21 mayoral election

Tomorrow, voters in Jacksonville, Fla., will go to the polls to select a new mayor. Jacksonville is the most populous American city with a Republican mayor. Incumbent Mayor Lenny Curry (R) is term-limited.

Eight candidates are running. If no candidate wins more than 50% of the vote, a runoff between the top two vote-getters will occur on May 16. 

All candidates run in the general election regardless of party affiliation. Donna Deegan (D), Audrey Gibson (D), LeAnna Cumber (R), Daniel Davis (R), and Al Ferraro (R) have led the field in media coverage and fundraising. 

The Florida Times-Union’s Nate Monroe wrote that Jacksonville’s mayoral election system is “a recipe that complicates conventional electoral math and can lead to surprises, and it makes larger fields with multiple viable candidates, as this year appears to feature, difficult to handicap.”

Deegan and Gibson are the only two Democrats running. Deegan is a philanthropist, author, and local television news anchor. Click here to read Deegan’s responses to Ballotpedia’s Candidate Connection survey. Gibson represented Jacksonville in the Florida Senate from 2016 to 2022, after serving in the Florida House of Representatives from 2002 to 2010. 

Cumber, Davis, and Ferarro represent three of the four Republicans running. Cumber is a business owner and member of the Jacksonville City Council, representing District 5. Davis is the chief executive officer of the Jacksonville Chamber of Commerce and a former member of the Florida House of Representatives. Ferraro is a business owner and member of the Jacksonville City Council, representing District 2.

Frank Keasler (R), Omega Allen (I), and write-in candidate Brian Griffin (I) are also running. Keasler and Griffin completed Ballotpedia’s Candidate Connection survey. 

Jacksonville has had a Republican mayor since Curry was first elected in 2015. That year, Curry defeated then-incumbent Alvin Brown (D) 51% to 49% in the runoff election. The 2019 mayoral election was decided in the March general election, with Curry receiving 58% of the vote over Anna Lopez Brosche’s (R) 24%, Omega Allen’s (I) 11%, and Jimmy Hill’s (R) 8%.

The current partisan breakdown of the mayors of the 100 largest U.S. cities is 62 Democrats, 26 Republicans, three independents, and seven nonpartisans. Two mayors’ partisan affiliations are unknown. Based on 2020 population estimates of the top 100 cities, 76.1% live under Democratic mayors, and 16.2% live under Republican mayors.

We’re covering 40 mayoral elections in the country’s top 100 largest cities this year, with at least one being held every month except for January and July.

Click below to read more about Jacksonville’s mayoral election. 

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Arkansas increases the signature distribution requirement for citizen initiatives 

On March 7, Arkansas Gov. Sarah Huckabee Sanders (R) signed House Bill 1419 (HB 1419), which increases the signature distribution requirement for citizen initiatives. 

Under HB 1419, campaigns will be required to collect signatures from 50 of 75 (67%) counties. Previously, the requirement was 15 of 75 (20%) counties. For citizen-initiated state statutes, the signature requirement is equal to 4% of the votes cast for governor in each of at least 50 of 75 counties. For citizen-initiated constitutional amendments, the requirement is equal to 5% of the votes cast for governor in these counties.

The House approved the bill 79-19 and the Senate approved it 21-8. Republicans hold a 82-18 majority in the House and a 29-6 majority in the Senate.

State Sen. Jim Dotson (R-34), a co-sponsor of the bill, said,  “The purpose of this would be to ensure that we’re getting representation from all across the state, not just large urban areas but rural counties as well, and having a lot of input into the process.” State Sen. Greg Leding (D-30), an opponent, said, “The voters have made it absolutely clear that they do not want the Legislature making it harder for them to get things on the ballot, and I think we should listen to them.”

State Sen. Bryan King (D-28) and the League of Women Voters of Arkansas sued Secretary of State John Thurston (R), asking the 6th Judicial Circuit Court to rule HB 1419 unconstitutional. Plaintiffs noted that Article V of the Arkansas Constitution establishes the 15-of-75 counties requirement, while HB 1419 is a statute. According to the plaintiffs, this means that HB 1419 is effectively modifying the state constitution, which a bill cannot do. Amending the constitution would require voter approval.

Of the 26 states that have initiatives or referenda, Arkansas is one of 16 with a signature distribution requirement. The other 10 states do not have distribution requirements. Arkansas’ new requirement that signatures come from 67% of counties means it is tied with Wyoming as the state with the sixth largest distribution requirement for initiated statutes and 7th for initiated constitutional amendments. Previously, Arkansas’ 20% requirement was the second smallest, just behind Maryland (8% of counties).  

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There have been eight state supreme court vacancy announcements since the beginning of 2023

We’ve written a lot about state supreme courts over the last few months, with much of our coverage focused on Wisconsin’s Supreme Court election—the most expensive judicial election in U.S. history. That election—one of our top 15 political stories to watch this year—will be decided on April 4.

States have different methods for choosing their supreme court justices. Wisconsin, for example, is one of 13 states that use nonpartisan elections. States also have separate processes for filling vacancies that occur when a justice resigns early, reaches mandatory retirement age, dies, or moves to a new court. 

As of March 14, there have been eight such vacancies or vacancy announcements since the beginning of the year for judges whose replacements are chosen via appointment instead of election. In all eight cases, the governor will appoint the replacement. 

• Alaska, California, North Dakota, and Tennessee each have one state supreme court vacancy. Alaska, North Dakota, and Tennessee have Republican governors, while California has a Democratic governor. 
• Delaware and Missouri each have two state supreme court vacancies. Delaware has a Democratic governor, while Missouri has a Republican governor. 

Two judges stepped down after being appointed to different offices. The remaining six judges retired or plan to retire in 2023. Two vacancies have been filled, and two appointments have been made but the replacement judges have not yet taken office. The remaining four vacancies have not yet been filled.

From 2019 to 2022, there were 89 state supreme vacancies for judges whose replacements are chosen via appointment instead of election. The vacancies were created when five judges were appointed to different offices, 79 judges retired, four judges died, and one judge lost a retention election. During those years, 37 vacancies were filled by a Democratic governor, 48 vacancies were filled by a Republican governor or Republican-controlled state legislature, and four vacancies were filled by a nonpartisan state supreme court.

States use different methods for filing state supreme court vacancies: 

• 18 states fill vacancies on the state supreme court through direct gubernatorial appointment.
• 28 states fill vacancies through a gubernatorial appointment with assistance from a nominating commission.
• Two states (South Carolina and Virginia) fill vacancies through legislative appointments.
• In Illinois, the state supreme court nominates a replacement justice.
• In Louisiana, voters elect a replacement in a special election.

In 2020, we released Ballotpedia Courts: State Partisanship, a study to discern the partisan balance on each of the country’s 52 courts of last resort. Of the 341 justices we studied, 52.5% recorded Republican Confidence Scores, 33.1% recorded Democratic Confidence Scores, and 14.4% recorded Indeterminate Confidence Scores. Click here to read that study.

Click below to read more about state supreme court vacancies in 2023. 

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