CategoryNewsletters

Trump pledges to sue Nevada over universal mail-in ballot law

Ballotpedia's Daily Presidential News Briefing
August 4, 2020: Donald Trump said he would sue Nevada over plan to send mail-in ballots to all active voters. Joe Biden likely won’t name vice presidential pick until next week.


Presidential poll highlights, 2019-2020 (CBS News/YouGov • Georgia • July 28-31, 2020)


Presidential poll highlights, 2019-2020 (CBS News/YouGov • North Carolina • July 28-31, 2020)

Notable Quote of the Day

“November is going to be like the Super Bowl of misinformation tactics. You name it, the U.S. election is going to have it.”

– Graham Brookie, director Atlantic Council’s Digital Forensics Lab

Election Updates

  • During a virtual campaign fundraiser on Monday, Joe Biden criticized Donald Trump for comments he made about delaying the election and mail-in ballots. Biden said, “He suggested we should postpone the election, full of just bald-faced lies about how mail-in votes were fraud.”

  • The Biden campaign is starting a virtual fundraiser tour in Ohio, beginning in Kent on Tuesday.

  • The Washington Post reported that Biden would likely not make his vice presidential announcement until the second week of August.

  • The Republican National Convention will have a different theme each night: land of heroes, land of promises, land of opportunity, and land of greatness. Each night will also have a “nightly surprise factor,” Axios reported.

  • The Donald Trump campaign released a new Spanish-language ad that connects Biden and progressive policies to socialism in Latin America.

  • Trump said he planned to file a lawsuit against Nevada after the governor signed a bill that would automatically send mail-in ballots to active voters. He tweeted on Monday, ‘In an illegal late night coup, Nevada’s clubhouse Governor made it impossible for Republicans to win the state. Post Office could never handle the Traffic of Mail-In Votes without preparation. Using Covid to steal the state. See you in Court!”

  • Trump encouraged supporters to wear masks in a campaign email on Monday. He wrote, “I don’t love wearing them either. Masks may be good, they may be just okay, or they may be great. They can possibly help us get back to our American way of life that so many of us rightfully cherished before we were so terribly impacted by the China Virus.”

  • New York Magazine reported that one of Kanye West’s electors in Vermont, Chuck Wilton, is also a delegate to the Republican National Convention. Gregg Keller, the former executive director of the American Conservative Union, was listed as West’s point of contact in Arkansas. West has filed to appear on the ballot in seven states.

Flashback: August 4, 2016

The Green Party began its national convention in Houston.blank

Click here to learn more.



Trump resumes campaign ads in battleground states

Ballotpedia's Daily Presidential News Briefing
August 3, 2020: Donald Trump will resume airing ads on Monday with a focus on early voting states. Portions of the Republican National Convention could be closed to the press.

Before we dive into today’s news, we want to present you with an opportunity to help the Ballotpedia community this Friday, August 7 for our next Day of Service!

We’re getting together (virtually) to research contact information for local candidates that will be on November’s ballot. Why? Ballotpedia is covering thousands of local elections, and we’d like as many candidates as we can get to fill out our Candidate Connection survey in order to bring you even more information before casting a ballot.

Are you in? You can sign up for shifts at this link.

Hope to see you there!        

Notable Quote of the Day

“How the new VP candidate is rolled out is also an important test. Even if you believe my theory that the VP pick only matters for a few days, those few days are very important. Developing a showcase announcement tour that highlights the strengths of the candidate and how they both complement and reinforce each other is both a messaging challenge and a cultural test of how well the running mates and their respective staff members can work together. McCain and his staff had significant problems dealing with Palin and her staff. On the flip side, the bus tour out of the Democratic convention in 1992 cemented the generational change both Clinton and Gore were aiming to convey.”

– Joe Lockhart, CNN

Election Updates

  • Joe Biden hired his first staffers in Texas for the general election, including Rebecca Acuña as state director and Jennifer Longoria as deputy state director. Longoria previously worked on Elizabeth Warren’s presidential primary campaign in the state.
  • Biden spoke virtually at the Ohio Democratic Party’s state convention on Saturday.
  • Portions of the Republican National Convention could be closed to the press. A spokesman said on Saturday, “Given the health restrictions and limitations in place within the state of North Carolina, we are planning for the Charlotte activities to be closed press Friday, August 21 – Monday, August 24.” On Sunday, RNC communications director Michael Ahrens said that no final decision had been made regarding press coverage.
  • Donald Trump will resume airing ads on Monday with a focus on early voting states. The campaign did not specify which states, but likely targets based on the election calendar are Florida, Michigan, North Carolina, and Pennsylvania. Trump also tweeted, “We are doing a new ad campaign on Sleepy Joe Biden that will be out on Monday. He has been brought even further LEFT than Crazy Bernie Sanders ever thought possible.”

What We’re Reading

Flashback: August 3, 2016

Hillary Clinton placed campaign chair John Podesta and senior adviser Minyon Moore in charge of her White House transition operation.

Click here to learn more.



Bold Justice: Reversal rates edition

Welcome to the August 3 edition of Bold Justice, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S. Don’t want to check out while SCOTUS is on recess? Keep up with the latest news by following us on Twitter or subscribing to the Daily Brew.
The Supreme Court finished its 2019-2020 term on July 9. The court agreed to hear arguments in 74 cases, but heard arguments in only 61 cases due to the coronavirus pandemic. Click here to read more about SCOTUS’ 2019-2020 term.

Opinion authorship

The court released 53 signed opinions, meaning the authorship was indicated. Some opinions are per curiam, or unsigned.

Chief Justice John Roberts and Justice Neil Gorsuch wrote the most opinions this term. Justices Thomas, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh all wrote more opinions in the 2018-19 term than in the 2019-2020 term. However, the court heard fewer arguments in 2019-2020 due to the coronavirus pandemic.

The chart below indicates the number and types of opinions each justice wrote during the 2019-2020 term. Justice Roberts and Gorsuch wrote the most opinions with seven each. Justices Thomas, Breyer, and Sotomayor wrote the least, with five opinions each.

5-4 decisions

The court issued 13 5-4 or 5-3 decisions, which was 21% of the total opinions released. Those decisions were made by four different configurations of justices. In 69% of these decisions, the five justices appointed by Republican presidents (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh) made up the majority. In the rest, a Republican appointee joined the four justices appointed by Democratic presidents (Ginsburg, Breyer, Sotomayor, Kagan) to reach a majority.

Since the 2005-2006 term, 21% of the opinions released in a term were 5-4 opinions. The court had the highest percentage of 5-4 opinions in the 2006-2007 term (33%) and the lowest percentage of 5-4 opinions in the 2015-2016 term (5%).

Reversal rates

Since 2007, SCOTUS has released opinions in 993 cases. Of those, it reversed a lower court decision 696 times (70.1%) while affirming a lower court decision 289 times (29%). Eight of the 993 cases were original jurisdiction, meaning the U.S. Supreme Court was the only court to hear that case. These cases cannot affirm or reverse a lower court ruling.

Click here for more information on SCOTUS reversal rates from 2007 to the present.

SCOTUS issued opinions in 69 cases* during the 2019-2020 term. It reversed 46 lower court decisions (66.7%) and affirmed 23. This term’s reversal rate was 3.4 percentage points lower than the average rate of reversal since 2007 (70.1%).

*Ballotpedia uses data provided by SCOTUSblog. SCOTUSblog counts some consolidated cases as separate opinions because of the way the opinions impact lower court rulings.

Since 2007, SCOTUS has decided more cases originating from the 9th Circuit (191) than from any other circuit. The court decided the second-most cases from the 2nd Circuit (73). During that span, SCOTUS overturned a greater number of cases originating from the 9th Circuit (149, or 78%), but it overturned a higher percentage of cases originating in the 6th Circuit (55 of 69 cases, or 79.7%).

Upcoming SCOTUS dates

The justices are on summer recess. Here are the court’s upcoming dates of interest:

  • August 3: SCOTUS will release summer order lists. Summer order lists consist of court actions on motions in pending cases, petitions for rehearing, and other matters.
  • August 24: SCOTUS will release summer order lists.
  • September 11: SCOTUS will release summer order lists.

Confirmations

The Senate has confirmed two new nominees since our July 13 issue.

Since January 2017, the Senate has confirmed 202 of President Trump’s judicial nominees—145 district court judges, 53 appeals court judges, two Court of International Trade judges, and two Supreme Court justices.

Nominations

President Trump has not announced any new Article III nominees since our July 13 edition.

The president has announced 262 Article III judicial nominations since taking office January 20, 2017. The president named 69 judicial nominees in 2017, 92 in 2018, and 77 in 2019. For more information on the president’s judicial nominees, click here.

Vacancies

The federal judiciary currently has 79 vacancies. As of publication, there were 49 pending nominations.

According to the Administrative Office of U.S. Courts, an additional three judges have announced their intention to leave active judicial status during Trump’s first term.

For more information on judicial vacancies during Trump’s first term, click here.

Committee action

The Senate Judiciary Committee has reported 11 new nominees out of committee since our July 13 edition.

  • John Holcomb, nominee for the U.S. District Court for the Central District of California.
  • Brett Ludwig, nominee for the U.S. District Court for the Eastern District of Wisconsin.
  • Shireen Matthews, nominee for the U.S. District Court for the Southern District of California.
  • Todd Robinson, nominee for the U.S. District Court for the Southern District of California.
  • Christy Wiegand, nominee for the U.S. District Court for the Western District of Pennsylvania.
  • David Dugan, nominee for the U.S. District Court for the Southern District of Illinois.
  • Hala Jarbou, nominee for the U.S. District Court for the Western District of Michigan.
  • Iain Johnston, nominee for the U.S. District Court for the Northern District of Illinois.
  • Stephen McGlynn, nominee for the U.S. District Court for the Southern District of Illinois.
  • Franklin Valderrama, nominee for the U.S. District Court for the Northern District of Illinois.
  • Roderick Young, nominee for the U.S. District Court for the Eastern District of Virginia.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count, published at the start of each month, monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, if you prefer, we also maintain a list of individuals President Trump has nominated.


We’ll be back on August 10 with a new edition of Bold Justice.


Documenting America’s Path to Recovery: August 3, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened Friday? Click here.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Arkansas (Republican trifecta): On July 31, Gov. Asa Hutchinson (R) announced that high school football and volleyball practices could begin on Aug. 3. Hutchinson also announced the creation of the High School Sports Advisory Group, a 14-person committee meant to advise the governor and state Department of Health on how to approach school sports for the fall 2020 season.
  • Maryland (Divided government): On Aug. 3, Gov. Larry Hogan (R) said that private and religious schools could choose when to reopen. He issued an emergency order preventing county officials from requiring such schools to remain closed. On July 31, Montgomery County Health Officer Travis Gayles ordered private schools to close. Hogan called the order “overly broad and inconsistent with the powers intended to be delegated to the county health officer.”
  • Nevada (Democratic trifecta): On July 31, Gov. Steve Sisolak (D) extended his emergency order limiting businesses to 50% capacity and indoor gatherings to 50 people. The new order lasts until canceled or modified. The previous order was set to expire on July 31.
  • New Jersey (Democratic trifecta): Gov. Phil Murphy (D) lowered the state’s cap on indoor gathering limits from 100 people to 25. The order does not apply to religious gatherings, weddings, funerals, or political activities. Murphy also announced all students will be required to wear face coverings in schools, with exceptions for students with disabilities.
  • Tennessee (Republican trifecta): On July 31, Gov. Bill Lee (R) issued Executive Order 55, which removes restrictions on contact sports, including football and soccer, so long as organizations and schools follow safety guidelines. The order also extended an earlier executive order that permitted local governments to determine mask requirements.

Tracking industries: Face coverings

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states must you wear a face covering in public?

We last looked at face coverings in the July 27th edition of the newsletter. Since then, no states have enacted or rescinded a mask mandate.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

South Dakota’s Starting Well 2020

In June, the South Dakota Department of Education partnered with the Department of Health to release “Starting Well 2020,” a series of documents containing guidance on reopening and daily operations for K-12 schools. The documents cover several areas, including guidelines for teachers, special education, libraries, distance learning, school buses, and COVID-19 mitigation. Many of the guidelines were updated throughout July.

South Dakota does not have a statewide date for public schools to reopen. According to EdWeek, schools in South Dakota typically start in mid-August.

On March 17, Gov. Kristi Noem (R) first ordered schools to close. On March 24, Noem extended the closures through May 1. On April 6, Noem ordered schools to close to in-person instruction for the remainder of the academic year.

Context

South Dakota is a Republican trifecta. The governor is a Republican, and Republicans have majorities in both chambers of the state legislature.

The following tables show public education statistics in South Dakota, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

South Dakota public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $11,531 36
Number of students (’18-’19) 138,444 45
Number of teachers (’16-17) 9,777 45
Number of public schools (’18-’19) 702 41
Student:teacher ratio (’18-’19) 14.1 16
Percent qualifying for free/reduced lunch (’16-’17) 37.9% 43
South Dakota public school revenue
Category Figure 50-state rank
Total revenue $1,420,613,000 50
Percent from federal sources 14.9% 1
Percent from state sources 30.4% 49
Percent from local sources 54.8% 8

Details

District reopening plans

“Starting Well 2020” calls for school leaders to “develop plans in concert with local government and state health officials, using the Centers for Disease Control and Prevention and the South Dakota Department of Health as key resources to inform their decision making.” The guidance says plans should be adaptable to changing conditions. It also asks schools to communicate their plans with staff, students, and communities.

The state does not need to approve schools’ plans. “Starting Well 2020” contains the following guiding principles for schools:

  • Schools can take practical steps to mitigate spread of the virus while continuing to focus on student learning.
  • Each district will make decisions based on scientific information at the time, current status of virus spread in and around the school community, and best interests of staff, students, and families.
  • Schools will continue to be a safe environment for students, focusing on both social-emotional and physical health. Local decisions will be rooted in what is best for students.

In-person, hybrid, and online learning

“Starting Well 2020” says “Schools will provide instruction in the fall and throughout the 2020-21 school year, with a priority placed on face-to-face instruction.” However, schools are encouraged to develop flexible plans that allow for remote learning when necessary.

Whether a district is able to accommodate long-term remote learning and instruction in the classroom, in parallel throughout the year, is a local decision. Districts are encouraged to determine to what extent, if any, such parallel instruction can be accommodated and communicate that policy to parents and the community. Districts are further encouraged to set policies that, to the extent practical, provide for stability in the learning environment when allowing for long-term remote learning.
Regardless of other factors that currently exist, SD DOE recommends districts have a plan in place for fully remote learning and building closures should circumstances dictate during the year. (Example: a student tests positive and you need to close a section of your school upon SD DOH recommendation for cleaning. Or, there are multiple active cases in your school, necessitating additional steps based upon SD DOH recommendations).

Mask requirements

The South Dakota Department of Education is not requiring students or staff to wear masks. The decision is left up to schools and districts. The Department of Health and Department of Education back-to-school FAQ says:

“The DOH and DOE encourage school leaders to use a variety of mitigation strategies in their planning for SY 2020-21. In selecting which to use, school leaders need to balance public health considerations and current conditions of the virus in their communities with the overall health of students and staff.”

In-person health recommendations and requirements

Schools should answer the following questions before reopening:

  • Have appropriate safety inspections, including water quality, been conducted in accordance with state statute, regulation, and CDC guidelines for buildings that have been unoccupied for long periods of time?
  • Are sufficient inventories of cleaning supplies and procedures in accordance with the school’s opening plans (see below) in place?
  • Will additional protective devices for personnel be necessary to procure prior to opening? (See below; for example, plexiglass for reception areas, cafeteria cashiers, and other high traffic/high contact areas).
  • Are you able to replace touch equipment with touchless (for example, PIN pads used in the cafeteria, automatic soap dispensers, paper towel dispensers, hand dryers, etc.)?
  • Have you developed a protocol for bus transportation and drop-off/pick-up of students? (See below regarding transportation).

The guidance includes the following information on classroom design decisions:

  • Understand how many students you will have in your building, grade, classroom during peak times (given traditional enrollment numbers, any remote learning accommodations or “opt outs,” etc.) 2. Can you reorient desks in classrooms to minimize students facing each other?
  • Can you reorient desks in classrooms to minimize students facing each other?
  • Consider how to minimize the number of students in the hallways at any one time, and the number of times students change classrooms where possible.
  • For classrooms where this is not possible to change orientation (for example, lab spaces), consider steps to minimize the number of students in the room at any one time as appropriate.
  • What steps can you take to minimize sharing of high touch materials (example: art supplies, classroom libraries, etc.)

Transportation and busing requirements and restrictions

“Starting Well 2020” including the following considerations for transportation and busing:

  • Determine whether you have the vehicles and/or staff to provide for social distancing on vehicles.
  • Consider the use of cloth face coverings for riders and staff.
  • Review cleaning and disinfecting protocols for vehicles and determine appropriate routines.
  • Can you stagger arrival times, drop off points, or other methods to avoid high congestion?

The Department of Health guidelines for school buses, which were last revised on July 7, recommends:

  • Practice proper hygiene
    • Wash your hands or use hand sanitizer before getting on the bus.
    • Wash your hands or use hand sanitizer again after reaching your destination.
    • Avoid touching your eyes, nose, or mouth while on the bus.
    • Limit touching frequently touched surfaces such as hand railings, buttons, and other seats when
    • possible. If you must touch them, use hand sanitizer or wash your hands as soon as you can.
    • Clean/sanitize bus after each use.
  • Social distance
    • During travel, create as much space as possible between riders. CDC guidance for social distancing suggest 6 feet. If space is limited, encourage members of the same household to sit near one another rather than mixing households. Encourage riders to practice similar protocols as they wait in line for buses to arrive.
    • Consider wearing a cloth face covering when physical distancing may be difficult.
  • Use ventilation
    • Consider improving ventilation in the bus by opening windows or setting air to non-recirculation mode when possible.

Utah’s Planning Requirements and Recommendations for K-12 School Reopening

The Utah State Board of Education most recently updated its school reopening guidance on July 17. Gov. Gary Herbert (R) said, “We appreciate the thought, care and work that went into these requirements and recommendations. We appreciate that so many health care professionals, teachers, administrators, parents, classified workers and others devoted their energies into creating these guidelines to help keep our children and our school employees safe and healthy this coming academic year.”

On July 28, the Utah Education Association asked Herbert to delay reopening schools: “We call on Gov. Gary Herbert to lead with science and safety and declare that schools in impacted areas will open remotely this fall,” the union wrote in a letter unanimously approved by its board of directors. “We call on him to declare that local school districts should NOT return to in-person learning until COVID-19 cases decline.”

Utah does not have a statewide date for public schools to reopen—individual districts that meet the state’s requirements can set their own timelines, depending on the virus’ effect on their community. According to EdWeek, public schools in Utah traditionally start the academic year in mid- to late August, with the exact start date varying by district.

On March 13, Gov. Herbert closed schools from March 16 to March 31. On March 23, Herbert extended the closure through May 1. The governor closed schools for the rest of the academic year on April 14.

Context

Utah is a Republican trifecta. The governor is a Republican, and Republicans have majorities in both chambers of the state legislature. The state became a Republican trifecta in 2011.

The following tables show public education statistics in Utah, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Utah public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $8,810 49
Number of students (’18-’19) 676,440 28
Number of teachers (’16-17) 28,841 34
Number of public schools (’18-’19) 1,072 33
Student:teacher ratio (’18-’19) 22.8 3
Percent qualifying for free/reduced lunch (’16-’17) 36.4% 47
Utah public school revenue
Category Figure 50-state rank
Total revenue $5,127,846,000 33
Percent from federal sources 8.8% 27
Percent from state sources 54.6% 19
Percent from local sources 36.6% 32

Details

District reopening plans

The plan says: “Local education agencies (LEAs) are required to develop comprehensive reopening plans that are approved by the local school board or charter school governing board in an open and public meeting and made available to the public on the local education agency’s and each schools’ websites by August 1, 2020.” The plans need to comply with state requirements.

In-person, hybrid, and online learning

Districts are responsible for choosing in-person, hybrid, or fully remote schedules depending on the coronavirus’ effect on their community and the advice of local health officials. Districts are required to offer alternative schedules (like remote options) for students and families at higher risk of severe illness. The plan also encourages local school officials to develop an online option for other not-at-risk students and families who want to opt-in.

Mask requirements

The plan says, “each individual, including an employee, student, or visitor” is required to wear a face covering on public school property, in compliance with Gov. Herbert’s July 9 executive order.

In-person health recommendations and requirements

School districts are required to develop a process to train teachers in identifying and mitigating risk in classrooms. The plan also recommends:

  • Assign seats and/or small groups to support contact tracing
  • Keep the same students and teachers or staff with each group to the greatest extent practicable
  • Maximize space between seating and desks (acknowledging that 6 feet of distance between desks is not feasible for most Utah classrooms)
  • Seat students facing forward
  • Establish separation of students through other means, such as plexiglass barriers, if practicable
  • Identify and use large spaces (auditoriums, gyms, and outdoors) to maximize distancing
  • Move nonessential furniture and equipment out of classrooms to increase distancing footprints

For specific requirements and recommendations relating to cafeterias, restrooms, assemblies, entering and exiting school buildings, recess, and special education, click here (starting on page four).

Transportation and busing requirements and restrictions

In creating their reopening plans, school districts are required to address the following mitigation tactics:

  • Implement strategies to ensure driver safety
  • Develop protocols for minimizing mixing of students from different households and regularly cleaning and disinfecting seats and other high-touch surfaces

The plan also recommends districts:

  • Assign seating to support contact tracing
  • Maximize physical distancing, acknowledging that physical distancing of 6 feet or greater is not feasible in many instances
  • Plexiglass around driver

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • On July 31, New York City Mayor Bill de Blasio (D) said the city’s schools would not reopen unless the city’s coronavirus infection rate remained below 3 percent.
  • On July 31, city officials in Somerville, Massachusetts, announced the city was indefinitely delaying its move to Phase Three of the state’s reopening plan. Somerville is currently the only Massachusetts city not in Phase Three.
  • On July 28, a group of unions representing poultry processing plant workers in multiple states filed suit against the U.S. Department of Agriculture (USDA) in the U.S. District Court for the District of Columbia. Plaintiffs say increased processing demands have raised safety concerns. The suit seeks to set aside a 2018 USDA Food Safety Inspection Service (FSIS) waive. The waiver allows bird processing line speed to rise to a level the unions argue “could increase risk of injuries and illnesses among establishment employees.” According to the unions, though FSIS adopted a rule in 2014 capping the processing speed of poultry plants to 140 birds per minute, 2018 waiver they are challenging  “now permits nearly 43 percent of all plants subject to that regulation to operate at 175 [birds per minute].” The unions also allege FSIS adopted the waiver program in violation of notice-and-comment procedures required by the Administrative Procedure Act (APA). A representative for the USDA declined to discuss the lawsuit, telling reporters the agency does not comment on pending litigation.


Documenting America’s Path to Recovery: July 31, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened yesterday? Click here.

The next 72 hours

What is changing in the next 72 hours?

August 1

  • Massachusetts (divided government): Starting Aug. 1, most travelers and returning residents must fill out a travel form and self-quarantine for 14 days upon entering the state or produce a negative COVID-19 test taken within 72 hours of arrival. Travelers from states classified as lower-risk, which includes Connecticut, Vermont, and Hawaii, among others, are exempt from the test or quarantine requirements.
  • Oregon (Democratic trifecta): Gov. Kate Brown (D) announced Umatilla County will move from Phase 2 back to the baseline stay-at-home phase of the state’s reopening plan, effective Aug. 1. Morrow County will move from Phase 2 back to Phase 1. Brown also said she removed Lincoln and Union counties from the state’s watchlist and added Hood River, Marion, and Multnomah.
  • Wisconsin (divided government): Effective Aug. 1, everyone in Wisconsin over the age of five will be required to wear a mask in indoor public settings.
  • Vermont (divided government): Effective Aug. 1, everyone in Vermont over the age of two will be required to wear a mask in public.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Connecticut (Democratic trifecta): Gov. Ned Lamont (D) said school districts would be able to choose between a fully in-person and hybrid plan without requiring state approval. Districts that want to use a fully remote model must apply for an exemption from the state Department of Education.
  • Hawaii (Democratic trifecta): The State Board of Education voted to delay the start of the public school year until Aug. 17. Oahu Mayor Kirk Caldwell issued an executive order closing bars in the county, effective immediately.
  • Iowa (Republican trifecta): Gov. Kim Reynolds (R) set requirements for public schools to seek a state waiver allowing them to provide online-only education. A school must have at least a 15% positive test rate in its county and a 10% absentee rate among students. Schools in counties with a 20% or higher positive test rate do not need to meet the absentee rate requirement. The waiver would allow a school to operate fully online for two weeks before re-applying for the waiver.
  • Maine (Democratic trifecta): The Maine Department of Education released guidance for reopening public schools for the 2020-2021 school year. The guidance requires all staff and students age five and older to wear masks.
  • Michigan (divided government): On July 29, Gov. Gretchen Whitmer (D) issued an executive order that takes effect on July 31. The order places restrictions on several counties in northern Michigan, including capping indoor gatherings at 10 people and closing bars that derive more than 70% of their revenue from the sale of alcohol.
  • New Mexico (Democratic trifecta): Secretary of Health Kathyleen Kunkel extended the state’s stay-at-home order through Aug. 28.
  • Oklahoma (Republican trifecta): Gov. Kevin Stitt (R) announced on July 30 that he directed the State Health Department and the Department of Education to work together to develop a plan to test teachers for COVID-19 on a monthly basis.
  • Ohio (Republican trifecta): The Ohio Liquor Control Commission adopted a rule first proposed by Gov. Mike DeWine (R) that bans the sale of liquor in all Ohio establishments after 10 p.m. The restriction goes into effect July 31.
  • South Carolina (Republican trifecta): State Superintendent of Education Molly Spearman announced masks will be required in South Carolina public school facilities for staff and students in grades 2-12.

Tracking industries: Bars

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states may you go out for a drink?

We last looked at bars in the July 24th edition of the newsletter. Since then, Washington began allowing outdoor seating at bars in certain regions. In Hawaii, bars closed in the only county where they were previously allowed to reopen. In Kentucky, bars went from being allowed to operate at 50% capacity to closed.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

Return to Learn Oklahoma

The Oklahoma State Department of Education released its school reopening guidance on June 3. Superintendent Joy Hofmeister said, “It is not necessary to act on every consideration in this comprehensive framework. Rather, in keeping with the guidance we have received from the U.S. Centers for Disease Control and Prevention (CDC) and Oklahoma health officials, districts should take a layered approach to COVID-19 mitigation, adopting those policies and practices that are feasible, practical and acceptable within their school community.”

Oklahoma does not have an official date for public schools to reopen—individual districts can set their own timelines, depending on the virus’ effect on their community. According to EdWeek, public schools in Oklahoma traditionally start the academic year in mid-August, with the exact start date varying by district.

On March 16, the Oklahoma Department of Education closed schools from March 17 to April 6. The Department closed schools for the remainder of the school year on March 25.

Context

Oklahoma is a Republican trifecta. The governor is a Republican, and Republicans hold majorities in both chambers of the state legislature. The state became a Republican trifecta in 2011.

The following tables show public education statistics in Oklahoma, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Oklahoma public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $8,977 48
Number of students (’18-’19) 698,800 26
Number of teachers (’16-17) 41,090 28
Number of public schools (’18-’19) 1,807 22
Student:teacher ratio (’18-’19) 16.5 16
Percent qualifying for free/reduced lunch (’16-’17) 62.5% 6
Oklahoma public school revenue
Category Figure 50-state rank
Total revenue $6,261,170,000 30
Percent from federal sources 11.5% 11
Percent from state sources 49.4% 24
Percent from local sources 39.2% 28

Details

District reopening plans

School districts are encouraged to assemble a planning team to consider the recommendations put forth in the Return to Learn plan. Additionally, the document says districts should develop contingency plans in case schools need to close short-term or long-term and learning needs to be moved online.

In-person, hybrid, and online learning

The plan says school districts should plan to conduct most of the academic year on a traditional, in-person schedule. It also allows schools to conduct operations fully or partially online and encourages schools to develop online and hybrid options in case their community experiences a resurgence in coronavirus cases.

Mask requirements

The Department of Education allows school districts to develop their own policies on masks and other personal protective equipment. The plan notes that schools should encourage mask use when possible and says face coverings are especially recommended when social distancing cannot be practiced.

In-person health recommendations and requirements

The plan suggests school districts consider the following precautions to mitigate the spread of coronavirus and prepare for possible disruptions:

  • Adopt policies for screening staff, students and visitors prior to entry
  • Adopt policies for social distancing and gatherings
  • Develop a plan in the event that a positive case, or suspected case, is identified in the school
  • Create a tiered response for potential school closures
  • Promote a culture of good hygiene practices
  • Evaluate school cleaning practices
  • Review policies regarding school building use for non-school functions
  • Work with facilities manager to mitigate viral spread through ventilation systems
  • Adopt alternate school calendars
  • Consider staggering the days students are in school buildings
  • Adopt policies for virtual instruction
  • Consider adjusting routines to allow for social distancing in common areas
  • Consider reorganizing classrooms to maximize social distancing
  • Adjust attendance policies

For more information on each of the above points, click here (starting on page 11).

Transportation and busing requirements and restrictions

Oklahoma’s school reopening plan recommends districts implement social distancing to the greatest extent possible, stagger schedules, and refer to CDC guidance. The plan also encourages districts to:

  • Inspect buses that have not been thoroughly inspected since last fall.
  • Prior to transporting students, clean any school bus used for food distribution.
  • Require school bus drivers to attend in-service training before transporting students to ensure they understand new policies and procedures and how to effectively clean their buses.
  • Include cleaning of high-use areas – including steering wheel, handles and seat backs – in pre- and post-trip inspections.
  • Revise bus rider policies to reflect new district bus safety measures, which may include temperature checks before allowing a child to board, requiring passengers to wear a mask, marking seats off with tape to avoid children sitting too close to each other, etc.
  • Give transportation managers additional time to assign/reassign buses if social distancing requires using more buses in an effort to transport fewer students per bus.
  • Ensure transportation of students with disabilities or accommodations is in accordance with current Individualized Education Programs (IEP) and district policy.
  • Consider using a monitor (teacher’s aide or other staff) to ensure students practice social distancing.
  • Install a clear protective barrier behind or alongside the driver in accordance with applicable safety code.
  • Be mindful that transportation issues will change based on the evolving nature of the pandemic.

South Carolina’s AccelerateED Task Force recommendations

Superintendent of Education Molly Spearman’s AcceleratED task force released recommendations for reopening schools on June 22. School districts are responsible for creating reopening plans based on these recommendations and in consultation with local public health officials.

On March 15, Gov. Henry McMaster (R) closed schools statewide for two weeks. On March 24, McMaster extended the closure through April 30. The closure was made permanent for the rest of the school year on April 22.

South Carolina does not have a statewide date for public schools to reopen. According to EdWeek, public schools in South Carolina may start no earlier than the third Monday in August (Aug. 17 this year), with the exact date varying by district.

Context

South Carolina is a Republican trifecta. The governor is a Republican, and Republicans hold majorities in both chambers of the state legislature. The state has been a Republican trifecta since 2003.

The following tables show public education statistics in South Carolina, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

South Carolina public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $12,605 30
Number of students (’18-’19) 780,804 23
Number of teachers (’16-17) 50,789 22
Number of public schools (’18-’19) 1,270 29
Student:teacher ratio (’18-’19) 14.8 27
Percent qualifying for free/reduced lunch (’16-’17) 67.0% 3
South Carolina public school revenue
Category Figure 50-state rank
Total revenue $8,891,519,000 25
Percent from federal sources 9.6% 20
Percent from state sources 47.2% 26
Percent from local sources 43.2% 22

Details

District reopening plans

Districts are responsible for developing their own specific reopening plans in accordance with the AcceleratED recommendations and in consultation with local public health officials.

The Department of Education (DOE) must approve all district plans. Those plans are posted publicly on the DOE website.

In-person, hybrid, and online learning

On July 14, McMaster said he would require all district plans to give parents the option to send students to school five days a week in addition to a virtual education option. McMaster instructed Spearman’s department not to approve plans that do not provide both options.

A spokesman for Spearman said she disagreed with McMaster’s requirement for the in-person education option. “School leaders, in consultation with public health experts, are best positioned to determine how in-person operations should be carried out to fit the needs of their local communities. I remain committed to supporting them in this endeavor and will only approve those plans that offer high quality options and keep safety as their top priority,” she said.

On July 27, Spearman approved the first six district reopening plans. Four of them included a five-day in-person learning option for at least some students.

Mask requirements

The task force recommendations defer to districts on mask requirements.

Recommendations for the use of masks and other PPE should be determined by districts in accordance with the latest guidance from DHEC and/or the CDC. The latest DHEC guidance is attached to this report as Appendix B, but districts should review the most recent guidance released closer to the start of school.

On July 31, Spearman announced that all staff and students in grades 2-12 would be required to wear masks in public school facilities.

In-person health recommendations and requirements

The task force recommended that schools consider the following when offering a fully in-person learning option:

  • Staggered class dismissal to prevent all students in the hallways simultaneously;
  • Redesigning student arrival in the morning to prevent congregations of large groups. This may include a necessity for students to report directly to classrooms rather than meeting in common spaces;
  • Scheduling restroom breaks;
  • If possible, schools should consider scheduling “cohorts” of students with common courses so teachers, rather than students, rotate between classes;
  • As long as health guidelines recommend maintaining distance between individuals, schools should seek to minimize or eliminate large group gatherings such as assemblies, pep rallies, spirit nights, or other similar activities; and
  • In addition to focusing on transitions within a school, districts should seek to minimize student transitions beyond the school during the instructional day. This will require a careful review of field studies and other activities requiring student travel. This includes developing procedures to allow high school students opportunities to safely engage in career center opportunities if available. Whenever possible, schools should seek to use virtual activities and experiences to reduce the necessity for students to travel off campus during the school day. Schools should also make sure to provide an equal level of access to off-campus opportunities for curricular activities as is provided for co-curricular activities.

The task force also issued the following recommendation for high schools:

When possible, high schools should seek to provide upperclassmen with late arrival or early dismissal in place of study hall periods. Schools should still place priority on building full student schedules for students that do not have the 24 credits required to graduate and for students requiring additional course work to achieve CTE completer status. However, for students that have met these requirements, schools should seek to either provide late arrival or early dismissal when possible. For students desiring to take courses beyond the 24 credits required for graduation, schools should consider VirtualSC when it provides a desired course. However, this recommendation should not be construed as a reason to reduce student access to taking multiple years and credits of an academic program such as performing arts, CTE, etc.

Transportation and busing requirements and restrictions

On July 27, Spearman issued an order requiring students and staff on state-owned school buses to wear masks at all times. She said buses will be able to operate at 67% capacity with the mask mandate.

Initial task force recommendations mentioned guidelines from the South Carolina Department of Health and Environmental Control that set a 50% capacity limit for school buses.

Reactions

  • SC for Ed, a teacher’s union, issued a statement in support of Spearman and in opposition to McMaster’s in-person option requirement. “We ask that all educators contact Superintendent Spearman to encourage her to continue to allow districts to use DHEC guidance to make plans that prioritize student and staff safety, and to contact their local school boards, and their elected representatives in the legislature to demand that districts be allowed the flexibility to temporarily eliminate face-to-face instruction until disease activity in the school area is within safe parameters as defined by the DHEC.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • On July 28, Judge Andrew L. Carter, Jr. of the U.S. District Court for the Southern District of New York dismissed a lawsuit seeking to block the resumption of in-person criminal proceedings in New York City. Such proceedings were suspended in March as a COVID-19 safety precaution. In their complaint, the plaintiffs argued that the Office of Court Administration’s actions “endanger the lives of thousands of New Yorkers by perpetuating the spread of this virus and burden the constitutional rights to access the courts.” The plaintiffs also argued that the reinstatement of in-person criminal proceedings violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Carter disagreed, writing that the plaintiff’s request would require an impermissible “intrusion into state court operations and proceedings,” which would disrupt “[t]he special delicacy of the adjustment to be preserved between federal equitable power and state administration of its own law.” In response to the ruling, a representative for the Office of Court Administration said: “We are pleased with Judge Carter’s decision allowing us to continue deliberate, measured and careful resumption of in-person appearances.” The plaintiffs said: “[We] are enormously disappointed that the federal court relied on a technicality to allow the Office of Court Administration” to place New Yorkers in “unnecessary risk during a pandemic.” Carter was appointed to the court by Barack Obama (D).


Ballotpedia’s Weekly Presidential News Briefing: July 25-31, 2020

Ballotpedia's Weekly Presidential News Briefing
Before we dive into today’s news, we want to present you with an opportunity to help the Ballotpedia community next Friday, August 7 for our next Day of Service!

We’re getting together (virtually) to research contact information for local candidates that will be on November’s ballot. Why? Because with over 15,000 cities and towns in the United States, going down the ballot is an ambitious goal that we know this community can help with!

One hour shifts are available from 2:00pm-5:00pm EST. We’ll have an official playlist, exchange summertime stories, and try to get as many candidates’ contact information as we can. After our work, we’ll hang out together on a virtual happy hour to kick off the weekend with a cold drink in hand!

Are you in? You can sign up for shifts at this linkHope to see you there! 

       

Notable Quotes of the Week

“It’s been compared to a colonoscopy.

The vetting of potential vice presidents is famously invasive, and it’s going on now.

Possible running mates for presumptive Democratic presidential nominee Joe Biden include Sen. Elizabeth Warren of Massachusetts. She and anyone else being considered can expect some very probing questions, as retired Admiral James Stavridis can attest.

He recalls some of what he was asked four years ago, when Hillary Clinton’s campaign vetted him: ‘“What were you like in junior high school? Who were your friends? When did you start dating? What kind of physical relationships did you have?’ You get very personal, very quickly.”’”

– Callum Borchers, WBUR News

“The choice Biden will make will do one of two things — push his party into the future, or provide it with a pause that will delay the battle for succession and Democrats’ direction a few more years. …

Rep. Karen Bass embodies the pause. The California congresswoman has made it clear she has no interest in running for president, and is known as someone who avoids the spotlight so aggressively she is uncomfortable having her picture taken. Though she has never run for statewide office, Bass, once a physician’s assistant, is now head of the Congressional Black Caucus and has earned a reputation in the House of being liked and respected on both sides of the aisle.

There has never been a perfect choice among the suitable contenders, but by everyone’s estimation Sen. Kamala Harris is the only obvious choice as someone who could both excite the base as a black woman and assure centrists and independent voters with her governing experience. Harris would represent a turn towards tomorrow, and wants to be president, and the battle to define her for the next nomination would begin immediately.”

– A.B. StoddardRealClearPolitics

Week in Review

Trump suggests delaying presidential election

Donald Trump questioned if the presidential election should be delayed in a tweet on Thursday morning. He wrote, “With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

During a White House briefing Thursday afternoon, Trump reiterated his concerns: “You’re sending out hundreds of millions of universal mail-in ballots. Hundreds of millions. Where are they going? Who are they being sent to?”

He added, “Do I want to see a day change? No. But I don’t want to see a crooked election,”

University of Notre Dame withdraws from hosting first presidential debate

The University of Notre Dame withdrew from hosting the first presidential debate scheduled for September 29.

Rev. John Jenkins, the university’s president, said “the necessary health precautions would have greatly diminished the educational value of hosting the debate on our campus.”

The Commission on Presidential Debates announced that Case Western Reserve University and Cleveland Clinic would instead co-host the first debate on the same date.

Biden launches ads in battleground states, Trump campaign pauses ad spending

Joe Biden launched a $14.5 million ad campaign in seven battleground states—Arizona, Florida, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin—targeting voters older than 65. The TV component features a woman whose grandmother died from COVID-19. The digital ad focuses on dignity for seniors.

He also began airing his first general election ads in Ohio in a seven-figure ad buy. The ad, which focuses on Biden’s upbringing in a working-class neighborhood, will run in the Youngstown and Toledo markets until late August.

The Donald Trump campaign is pausing its ad spending to review its campaign messaging under the leadership of new campaign manager Bill Stepien. The campaign spent no money on Wednesday or Thursday and had minimal bookings in August.

Democrats releases preliminary convention schedule

Democrats released a preliminary schedule for the Democratic National Convention on Wednesday. Joe Biden is set to deliver his acceptance speech from Milwaukee on August 20. His running mate will be nominated and give an address on August 19 from an unknown location.

The Democratic National Committee also released safety measures, which include self-isolation before the event, daily coronavirus testing, and masks.

Since delegates have been discouraged from attending the event due to the coronavirus pandemic, voting on the platform and other issues will take place remotely from August 3-15. More than 700 Democratic delegates—roughly 15% all delegates—have signed a pledge to vote against the party platform if it does not include a plank supporting Medicare for All. The coalition is led by Bernie Sanders delegates from Nevada.

Biden set to announce veep pick next week

Joe Biden is expected to announce his vice presidential pick next week, possibly as early as August 1.

Politico mistakenly published an article this week that said Biden selected Sen. Kamala Harris as his running mate. Politico said in a statement, “Our standard practice is to use ‘lorem ipsum’ as placeholder text. In this instance, that did not happen. We regret the error and any confusion that it caused.”

Want more? Find the daily details here:

Poll Spotlight

Campaign Ad Comparison

What We’re Reading

Flashback: July 27-31, 2016

  • July 27, 2016: Tim Kaine received the Democratic vice presidential nomination by acclamation.
  • July 28, 2016: Hillary Clinton accepted the Democratic presidential nomination, becoming the first woman to lead a major party’s presidential ticket.
  • July 29, 2016: During a rally in Colorado, Donald Trump said he was starting to agree with supporters who said Hillary Clinton should be in jail.
  • July 30, 2016: A Clinton campaign spokesman announced that proprietary campaign information maintained by the Democratic National Committee (DNC) was accessed when the DNC was hacked.
  • July 31, 2016: In an interview on ABC’s This Week, Donald Trump discussed the Russian annexation of Crimea.

Click here to learn more.



Penn. public-sector employee sues AFSCME over membership resignation policies

Penn. public-sector employee sues AFSCME over membership resignation policies            

On July 29, a public-sector employee in Pennsylvania filed a federal suit against the American Federation of State, County, and Municipal Employees (AFSCME) Council 13, challenging the constitutionality of the union’s membership and dues-deduction revocation policies.

Who are the parties to the suit?  

The plaintiff is Ralph R. Rhodes, an employee of the state Department of Human Services. Attorneys from the Fairness Center are representing Rhodes. The Fairness Center describes itself as “a nonprofit, public interest law firm that provides free legal services to those hurt by public-sector union officials.”

The defendants are AFSCME Council 13 and its executive director, David R. Fillman. AFSCME Council 13 is one of Pennsylvania’s larger public-sector labor unions. According to its most recent annual report filed with the U.S. Department of Labor, AFSCME Council 13 had 52,883 dues-paying members and 582 fee payers (who are not considered full members), as of Sept. 27, 2019. 

What is at issue?

AFSCME Council 13 negotiated a collective bargaining agreement with the state, effective July 1, 2016, through June 30, 2019. Resignations from the union were restricted to the 15-day period preceding the expiration of the agreement. Union policies also limit revocations of dues deduction authorizations to either the 15-day period preceding the annual anniversary date of the authorization or the 15-day period preceding the expiration of the collective bargaining agreement.  

Rhodes submitted his resignation letter to the union, both by mail (postmarked June 25, 2019) and in person (to his union representative). Rhodes alleges “defendants continued to take and/or accept purported union dues deducted from plaintiff’s wages even after they knew that seizure of purported union dues from plaintiff’s wages was against plaintiff’s will and without his consent.” Rhodes argues these actions amounted to “compelled association and speech,” in violation of his First and Fourteenth Amendment rights. He is seeking damages in the amount of all dues deducted from his wages between the date of his resignation and the date on which the deductions stopped (June 12, 2020). 

What are the reactions? 

Nathan McGrath, president of the Fairness Center, said, “Mr. Rhodes followed all the right steps to resign, and the union refused to honor his resignation. In addition to ignoring his resignation, AFSCME added insult to injury by continuing to take union dues from Mr. Rhodes long after he resigned.” 

AFSCME Council 13 officials have not commented publicly on the lawsuit. 

What comes next? 

The suit was filed in the United States District Court for the Middle District of Pennsylvania. It has been assigned to Judge Matthew Brann, a Barack Obama (D) appointee. The case name and number are Rhodes v. American Federation of State County and Municipal Employees Council 13, 4:20-cv-01313. 

What we’re reading

The big picture

Number of relevant bills by state

We are currently tracking 98 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

  • California AB2850: This bill would specify that the Public Employment Relations Board has jurisdiction to enforce statutory provisions governing employer-employee relations within the San Francisco Bay Area Rapid Transit District.
    • Democratic sponsorship.
    • Amended and re-referred to Assembly Labor and Public Employment and Retirement committees July 28.
  • Ohio HB733: This bill would make employees of the General Assembly subject to the state’s Public Employees’ Collective Bargaining Law.
    • Democratic sponsorship. 
    • Introduced July 27. 

Thank you for reading! Let us know what you think! Reply to this email with any feedback or recommendations. 



Trump pauses ad spending to review messaging

Ballotpedia's Daily Presidential News Briefing
July 31, 2020: The Donald Trump campaign is pausing its ad spending to review its campaign messaging. Joe Biden is airing his first general election television ads in Ohio in a seven-figure ad buy.


Candidates on the Issues: Paid Leave

Notable Quote of the Day

“Many people have been coming out and saying that not only do we need a win, we need a big win, so there’s nothing Trump can say regarding challenging the results of the election.

We have a 50-state campaign whether Joe Biden does or not.”

– Darlene McDonald, Democratic National Committee member from Utah

Election Updates

  • Joe Biden is airing his first general election television ads in Ohio in a seven-figure ad buy. The ad, which focuses on Biden’s upbringing in a working-class neighborhood, will run in the Youngstown and Toledo markets until late August.

  • Biden was the keynote speaker at the Miami-Dade Democratic Party’s Blue Gala on Thursday night. The event was held remotely for all attendees.

  • The Donald Trump campaign is pausing its ad spending to review its campaign messaging under the leadership of new campaign manager Bill Stepien. The campaign spent no money on Wednesday or Thursday and had minimal bookings in August.

  • Trump reiterated his concerns with the general election, saying at a White House briefing on Thursday, “You’re sending out hundreds of millions of universal mail-in ballots. Hundreds of millions. Where are they going? Who are they being sent to? You don’t have to know anything about politics.”

  • Trump is traveling to Tampa on Friday night for a fundraiser. He postponed an event scheduled for Saturday at his golf resort in Doral due to Hurricane Isaias.

  • In an interview with The FrontierHowie Hawkins discussed his lawsuit against the Oklahoma State Election Board for ballot access.

  • Jo Jorgensen is launching her “Brake the Bus Tour” across Pennsylvania this weekend with stops in Pittsburgh, Erie, and other cities.

Flashback: July 31, 2016

In an interview on ABC’s This Week, Donald Trump discussed the Russian annexation of Crimea.blank

Click here to learn more.



Documenting America’s Path to Recovery: July 30, 2020

Each day, we:

  • Track the status of reopening in all 50 states.
  • Compare the status of one industry or activity across the country.
  • Answer key questions about state school reopening plans.
  • Give you the latest stories on other reopening plans and ideas.

Want to know what happened yesterday? Click here.

The next 24 hours

What is changing in the next 24 hours?

  • Maryland (divided government): Gov. Larry Hogan (R) announced he will expand the state’s mask requirement, effective July 31 at 5 p.m. Everyone older than five will be required to wear masks in all indoor public spaces, including restaurants, churches, and gyms. Previously, masks were required in grocery stores and pharmacies and on public transit.
  • Michigan (divided government): Gov. Gretchen Whitmer (D) issued an executive order on July 29 that reimposes some restrictions on several counties in northern Michigan. The restrictions, which include a 10-person limit on indoor gatherings and the closure of bars where 70% of sales come from alcohol, goes into effect at 12:01 a.m. on July 31. Whitmer also issued an executive order allowing casinos in Detroit to reopen at 15% capacity on Aug. 5.
  • New Mexico (Democratic trifecta): The state’s stay-at-home is scheduled to expire at 11:59 p.m. MT on July 30. We will provide an update if the order is extended in a future edition.

Since our last edition

What is open in each state? For a continually updated article on reopening status in all 50 states, click here. For our last edition, click here.

  • Alabama (Republican trifecta): Gov. Kay Ivey (R) extended her Safer At Home Order through Aug. 31. She modified the order’s existing mask mandate to extend to students at schools (second grade and older) and colleges.
  • Indiana (Republican trifecta): Gov. Eric Holcomb (R) announced the state would remain in stage 4.5 of its reopening plan until at least Aug. 27.
  • Minnesota (divided government): Gov. Tim Walz (D) released the Safe Learning Plan for reopening public schools for the 2020-2021 school year. The plan requires a county to have fewer than 9 coronavirus cases per 10,000 residents over a 14 days to fully reopen schools.
  • South Carolina (Republican trifecta): Gov. Henry McMaster (R) announced the state’s guidance for restaurants will become requirements, effective Aug. 3. The order will require employees and patrons to wear masks at dining establishments, prohibit customers from gathering around bar areas, and limit dine-in to 50% occupancy. McMaster also announced that large gathering venues and events like movie theaters, festivals, auditoriums, and concerts will be able to reopen with mask requirements for attendees. Masks will be required in all state buildings starting on Aug. 5.
  • Wisconsin (divided government): Gov. Tony Evers (D) declared a public health emergency and announced a mask mandate will take effect starting on Aug. 1. Everyone five years of age and older will be required to wear a mask in all indoor public spaces.

Tracking industries: Nursing home visits

All 50 states are reopening in some way. Here, we give the status of one industry or activity across the states. Today’s question: in which states may you visit someone in a nursing home? This does not include end-of-life or other emergency-related visits. Visits limited to family members only, or that are only allowed outdoors, are counted as “visitors allowed” in the chart and map below.

We last looked at nursing home visitation in the July 23rd edition of the newsletter. Since then, no new states have allowed or restricted visitation.

This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year.

Iowa’s Return-to-Learn

The Iowa Department of Education (IDE) released reopening guidance on June 25. On June 29, Gov. Kim Reynolds (R) signed Senate File 2310, which outlines educational requirements for the 2020-2021 school year. IDE released three additional guidance documents in response to Senate File 2310 in July. A list of all released guidance is available here. All schools across the state were allowed to reopen beginning July 1.

On March 15, Reynolds recommended that public schools close for four weeks, but left the decision up to individual districts. On April 2, Reynolds ordered all schools to close through April 30 before extending the closure for the rest of the school year on April 17.

Iowa does not have a statewide date for public schools to reopen. According to EdWeek, public schools in Iowa must start no later than Aug. 24, with the exact date varying by district. On July 27, Reynolds ordered that students spend at least half of their schooling in-person.

Context

Iowa is a Republican trifecta. The governor is a Republican, and Republicans hold majorities in both chambers of the state legislature. The state has been a Republican trifecta since 2017.

The following tables show public education statistics in Iowa, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Iowa public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $13,357 23
Number of students (’18-’19) 506,310 31
Number of teachers (’16-17) 35,808 30
Number of public schools (’18-’19) 1,318 27
Student:teacher ratio (’18-’19) 13.6 38
Percent qualifying for free/reduced lunch (’16-’17) 40.9% 39
Iowa public school revenue
Category Figure 50-state rank
Total revenue $6,463,514,000 29
Percent from federal sources 7.4% 37
Percent from state sources 53.5% 20
Percent from local sources 39.1% 29

Details

District reopening plans

Districts are responsible for creating their own reopening plans using a combination of IDE guidance, Iowa Department of Public Health (IDPH) guidance, and gubernatorial directives. The guidance does not specify whether districts must submit plans for approval or post the plans publicly.

In-person, hybrid, and online learning

Based on Reynolds’ July 17 order, all districts and accredited nonpublic schools are required to educate students in-person at least half of the week. Districts and schools may apply for waivers for this requirement from IDE. Otherwise, the following circumstances can exempt districts and schools from this requirement:

  • A parent or guardian voluntarily selects the remote learning opportunity; or
  • [IDE], in consultation with [IDPH], approves of the temporary move to primarily remote learning for an entire building or district because of public health conditions; or
  • The school, in consultation with state and local public health, determines that individual students or classrooms must temporarily move to primarily remote learning; or
  • A school chooses to temporarily move to online learning because of severe weather instead of taking a snow day.

Mask requirements

The guidance recommends districts leave the decision to wear masks to individuals:

Requiring face coverings for all staff and students is not recommended. Allow the personal use of cloth face coverings by staff and students. Teach and reinforce the prevention of stigma associated with the use or non-use of facial coverings to support a respectful, inclusive, and supportive school environment.

Supplemental guidance released on June 30 says districts and individual schools can consider requiring masks.

In-person health recommendations and requirements

The guidance does not provide health recommendations or requirements to districts. In the June 30 FAQ, IDE provides the following reasoning:

Why is the Department’s guidance for reopening schools so brief? Some states have issued very long and thorough guidelines. 

Many states created guidance that joined their Return-to-Learn planning with their reopening guidance. In Iowa we have purposely kept these separate because reopening guidance is based on current recommendations from IDPH intended to supplement Return-to-Learn guidelines and may change.

Reopening guidance is meant to be high-level guidance and should be used with other guidance and resources the Department has provided for schools and districts as they develop their own reopening plans, which are more comprehensive than the reopening guidance, and include considerations to ensure ongoing workplace safety, mitigation strategies, and monitoring the health and safety of teachers, staff, students and families.

Transportation and busing requirements and restrictions

The guidance does not specify whether masks are required on buses (see mask requirements section above).

The Return-to-Learn Support Document requires cleaning buses before and after transporting students.

Reactions

  • On July 1, Iowa State Education Association President Mike Beranek said, “The Department of Ed and the Department of Health reopening guidance was so irresponsible.”
  • On July 24, teachers held a drive-by protest at the state capitol. Organizers of the protest called for “Governor Reynolds to rescind her July 17 proclamation, allowing local school leaders to determine the safest return-to-learn models for their communities; school leaders to make science-based decisions that protect the health of students and staff in their return to school; and school leaders to make educational decisions that uphold best practices for teaching and learning.”

Ohio’s Reset and Restart Education Planning Guide for Ohio Schools and Districts

On July 2, Gov. Mike DeWine (R) unveiled “Reset and Restart,” a set of guidelines and considerations for reopening school buildings. The Ohio Department of Education developed the guidelines with input from education associations, school leaders, educators, school counselors, school nurses, and union representatives. The plan is intended to “spur local-level, partnership-based discussions and decision-making that will result in locally developed Reset and Restart Education Plans.” The Department of Education also released a companion document, “Health and Safety Guidance for Ohio K-12 Schools,” that contains five guidelines for schools.

DeWine said, “Working with educators and health officials, we’ve created K-12 school guidelines – backed by science – for schools to follow when developing their reopening plans. Schools can adjust their rules to what works best for them for a safe environment and that protects students and staff.”

On March 12, DeWine announced schools would close for three weeks beginning on March 16. On March 30, DeWine extended the closures through May 1. He closed schools to in-person instruction for the remainder of the academic year on April 20.

Ohio does not have a statewide date for public schools to reopen. According to EdWeek, public schools in Ohio typically start the academic year between the middle of August and early September.

Context

Ohio is a Republican trifecta. The governor is a Republican, and Republicans hold majorities in both chambers of the state legislature.

The following tables show public education statistics in Ohio, including a rank comparing it to the other 49 states. Rank one is the highest number of each figure, rank 50 is the lowest. All data comes from the Common Core of Data provided by the National Center for Education Statistics.

Ohio public school metrics
Category Figure 50-state rank
Per pupil spending (’16-’17) $14,328 20
Number of students (’18-’19) 1,694,341 8
Number of teachers (’16-17) 102,600 9
Number of public schools (’18-’19) 3,569 7
Student:teacher ratio (’18-’19) 16.7 15
Percent qualifying for free/reduced lunch (’16-’17) 44.3% 35
Ohio public school revenue
Category Figure 50-state rank
Total revenue $24,516,266,000 8
Percent from federal sources 7.5% 35
Percent from state sources 45.6% 28
Percent from local sources 46.9% 19

Details

District reopening plans

Districts are encouraged to use the “Reset and Restart” framework and the companion document to develop their own reopening plans. The “Reset and Restart” guidelines are not mandatory. However, the companion document states all staff must wear masks in schools. If requested, schools must provide a written justification to a local health board if a staff member is not required to wear a mask.

“Reset and Restart” encourages schools to create a planning team to implement the state’s recommendations.

Planning teams should include school leaders, local health department officials, local school board members, educators, education support professionals, school health professionals, parents, students, community partners and local business leaders. Plans should be developed in a transparent manner that address the guidelines and considerations contained in this document but are customized to the local needs and attributes of the students, staff and community. Once complete, schools and their partners should have a firm understanding of the educational experience and return to school. Plans should be posted to school and district websites to promote awareness and shared understanding.

In-person, hybrid, and online learning

“Reset and Restart” asks districts to be flexible when deciding whether to return students to classrooms or continue the distance learning model adopted when schools first closed.

Because of continuing uncertainty and the need for flexibility, a school or district’s plan likely will need to embrace multiple approaches. While classroom learning still may enjoy a preferred position, more discussions are underway about remote learning, blended learning (combination of online and site-based) and mixed-methods learning (online, self-directed, site-based, work-based, etc.) in the context of reopening. It is important to note that students from the Ohio Association of Student Leaders indicated a blended approach was preferential for meeting the unique needs of individual students, allowing flexibility for both students and teachers (including time, space, socialization).

For classroom learning, the plan states that “Schools may consider ‘looping’ classroom teachers (a practice in which students have the same classroom teacher in a subject and/or grade level for two or more consecutive years) or co-teaching models, where practical, to maximize understanding of students’ current levels of educational attainment.”

For remote learning, the plan recommends:

Remote learning will continue to play a role in the education experiences of Ohio’s students in some manner. At a minimum, should a school find it must close due to a flare-up of COVID-19, or should a student need to be quarantined, remote learning will be an important contributor to sustaining educational opportunities. Even prior to the pandemic, many districts had made significant investments in remote learning capabilities and technology and shifted fairly smoothly to a completely online provision of educational services.

A note in the plan states that “Remote learning should be considered as an option for students and staff for the entire school year, as many families will have higher-risk health concerns and/or may not feel comfortable with in-person instruction until a vaccine is available.”

Mask requirements

Staff are required to wear masks in school buildings, according to the “Health and Safety Guidance for Ohio K-12 Schools” document, and schools are required to develop a face mask policy.

The state does not require students older than three to wear face coverings. The guidance for students states:

It is strongly recommended that students in 3rd grade and higher wear a face mask unless they are unable to do so for a health or developmental reason. Schools should work to reduce any social stigma for a student who, for medical or developmental reasons, cannot and should not wear a mask. It is anticipated that some schools will be comfortable in starting masks in kindergarten and some first grade, or some later. The majority opinion among experts appears to be that children kindergarten through 5th grade can wear masks as long as consideration is given for the age and developmental level of the child and the physical situation the child is in at that moment.

The plan states that face shields can be an appropriate alternative to masks if the shield extends below the chin.

In-person health recommendations and requirements

“Reset and Restart” recommends using square footage to determine the maximum number of staff and students who can occupy a classroom. It also recommends that other non-classroom spaces, such as auditoriums and outdoor areas, be considered alternatives for classroom instruction.

For scheduling and grouping, the plan recommends:

There may be new models of course and student scheduling and grouping as districts rethink the ways they use time and space. Districts may consider split scheduling or alternating days. Districts also may utilize space on weekends or evenings. Districts also may choose to rethink how each building is used and for which students. For example, an elementary school in one part of the district could be configured to also include some middle school students if such a configuration could help address transportation challenges.
Scheduling options that reduce the number of students in each classroom, hallways, cafeterias, locker rooms, on school transportation, etc., also are worth reviewing. Students should be grouped in ways that minimize movement between rooms and into common spaces. This might include placing students into cohorts and scheduling percentages of them on a given day and alternating the cohorts for in-school learning with work that is completed at home. (Remote work can be accomplished in electronic or paper formats to best meet unique needs of students.) Also, teachers could move from classroom to classroom rather than students. Food could be delivered and consumed in classrooms instead of students congregating in the cafeteria.

The plan recommends the following for students and staff transitioning between classrooms:

Schools should consider the possibility of teachers moving rather than large numbers of students doing so to minimize the number of interactions (consistent with promoting social distancing).

Transportation and busing requirements and restrictions

“Reset and Restart” includes the following considerations for busing and transportation:

Health and Safety Considerations for Buses: The health and safety precautions prescribed by the Ohio Department of Health and local health departments have implications for routine practices on school buses. Implementing daily health routines will require new practices and protocols. Each bus will need to be analyzed for adherence to guidelines, keeping safety of students and drivers foremost. This will result in difficult decisions as to who is transported and how this works.
Logistical Considerations for Buses: A district reopening plan should address school bus logistical issues. This includes the number of buses required to provide transportation in accordance with health guidelines (including students receiving transportation to community schools, nonpublic schools and joint vocational schools). It is important that districts maintain close and frequent communication with community schools, nonpublic schools and joint vocational schools to ensure transportation arrangements are coordinated and disruptions are minimized. Districts should be proactive in obtaining ridership and schedule information for each school participating in the district’s transportation plan to determine how best to meet the transportation needs of students.

The “Health and Prevention Guidance for Ohio K-12 Schools” strongly encourages school districts to require students to wear masks on school buses.

Reactions

  • Scott DiMauro, the president of the Ohio Education Association, said, “OEA understands and respects the long-standing adherence to local control in decision-making around public education, but the state also has a critical role to play amidst an unprecedented public health crisis and a rising number of cases of COVID-19. While we appreciate the consideration given to the importance of social distancing, health checks, and sanitation protocols in the Governor’s plan, it lacks a means of enforcement, even when a county is in the highest tier of the alert system.”

Additional activity

In this section, we feature examples of other federal, state, and local government activity, as well as influencers relevant to recovering from the pandemic.

  • District of Columbia Public Schools announced that schools would remain fully virtual until Nov. 6. Public charter schools in the district will be allowed to operate in-person.
  • Denver Public Schools announced that schools would remain fully virtual through Oct. 16. Small groups of children deemed to be high priorities for in-person instruction can return beginning after Labor Day.
  • Miami-Dade County Public Schools announced that students would begin the year learning fully virtually, with the start of the year pushed back from Aug. 24 to Aug. 31. Superintendent Alberto Carvalho said he hoped schools could move to a hybrid model by Oct. 5.


Trump suggests delaying presidential election

Ballotpedia's Daily Presidential News Briefing
July 30, 2020: Donald Trump questioned if the presidential election should be delayed in a tweet on Thursday morning. Democrats released a preliminary schedule for the Democratic National Convention on Wednesday.


Campaign Ad Comparison
Campaign ad comparison feature, 2020 ("Didn't Matter" – Joe Biden)

Campaign ad comparison feature, 2020 ("Failure" – Donald Trump)

Notable Quote of the Day

“The choice Biden will make will do one of two things — push his party into the future, or provide it with a pause that will delay the battle for succession and Democrats’ direction a few more years. …

Rep. Karen Bass embodies the pause. The California congresswoman has made it clear she has no interest in running for president, and is known as someone who avoids the spotlight so aggressively she is uncomfortable having her picture taken. Though she has never run for statewide office, Bass, once a physician’s assistant, is now head of the Congressional Black Caucus and has earned a reputation in the House of being liked and respected on both sides of the aisle.

There has never been a perfect choice among the suitable contenders, but by everyone’s estimation Sen. Kamala Harris is the only obvious choice as someone who could both excite the base as a black woman and assure centrists and independent voters with her governing experience. Harris would represent a turn towards tomorrow, and wants to be president, and the battle to define her for the next nomination would begin immediately.”

– A.B. Stoddard, RealClearPolitics

Election Updates

  • Democrats released a preliminary schedule for the Democratic National Convention on Wednesday. Joe Biden is set to deliver his acceptance speech from Milwaukee on August 20. His running mate will be nominated and give an address on August 19 from an unknown location.

  • Indivisible, Working Families Party, Demand Progress, and more than 40 other progressive groups sent a letter to the Biden campaign requesting he reject anyone with recent and senior private industry experience from holding senior policy positions.

  • Politico said it mistakenly published an article this week that said Biden selected Sen. Kamala Harris as his running mate on August 1. Politico said in a statement, “Our standard practice is to use ‘lorem ipsum’ as placeholder text. In this instance, that did not happen. We regret the error and any confusion that it caused.”

  • Donald Trump questioned if the presidential election should be delayed in a tweet on Thursday morning. He wrote, “With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

  • Trump raised $7 million during his visit to Texas on Wednesday. It was his 16th trip to the state since becoming president.

  • Trump said he would be nominated at the Republican National Convention on its first day, August 24, and deliver a speech on August 27.

  • Kanye West’s signature petitions in Illinois and New Jersey are being challenged for missing required information and allegedly being written by the same hand.

Flashback: July 30, 2016

A Clinton campaign spokesman announced that proprietary campaign information maintained by the Democratic National Committee (DNC) was accessed when the DNC was hacked.

Click here to learn more.