Each day, we:
Want to know what happened Thursday? Click here. Since our last editionWhat 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.
Tracking industries: Face coveringsAll 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 13th edition of the newsletter. Since then, Alabama, Arkansas, and Colorado have instituted statewide face-covering requirements.
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This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year. New Mexico’s Reentry GuidanceThe New Mexico Public Education Department released phased school reopening guidance on June 23. According to the plan, “A phased entry approach will allow the state to collect and analyze data on the impact of a controlled start on the spread of the virus. This information will be essential to ensure that the state is able to move toward the goal of returning all children to a full school schedule as soon as it can be safely accomplished.” The guidance permits schools to open on a hybrid schedule that allows public schools to comply with social distancing and other requirements as early as Aug. 3. School districts are allowed to set their own reopening dates. According to EdWeek, public schools in New Mexico traditionally start the academic year between early and mid-August, with the exact start date varying by district. On March 12, Gov. Michelle Lujan Grisham (D) closed public schools through April 5, effective March 16. Lujan Grisham ended the public school year on March 27. ContextNew Mexico is a Democratic trifecta. The governor is a Democrat, and Democrats hold majorities in both chambers of the state legislature. The state became a Democratic trifecta in 2018. The following tables show public education statistics in New Mexico, 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.
DetailsDistrict reopening plans School districts are not required to develop individualized reopening plans or submit plans to the state. Districts and schools must comply with the state’s eight minimum reopening requirements. In-person, hybrid, and online learning New Mexico’s reopening plan contains a red phase, yellow phase, and green phase. State health officials are responsible for determining what phase is appropriate based on regional and statewide data. In the red phase, most instruction would be conducted remotely, though schools may make exceptions for small groups of K-3 students. New Mexico public schools are starting the year in the yellow phase of reentry, which uses a hybrid schedule to limit classrooms to 50% capacity and ensure six-foot social distancing can be kept at all times. In the green phase, schools can reopen at full capacity, five days per week, with heightened sanitation and hygiene standards. Mask requirements Masks are required for students and faculty except when they are eating, drinking, or exercising. In-person health recommendations and requirements New Mexico’s reopening plan contains the following guidance for schools in the yellow phase of reopening to limit community spread:
In the green phase, the following guidance applies:
Transportation and busing requirements and restrictions New Mexico’s public school reopening plan contains the following guidance for transporting students to and from school and activities:
Oregon’s Ready Schools, Safe LearnersThe Oregon Department of Education released school reopening guidance on June 10. The document contains recommendations for schools, which are responsible for creating individual reopening plans. Each public and private school must submit an Operational Blueprint for Reentry to their local public health authority. On March 12, Gov. Kate Brown (D) closed public schools from March 16 through March 31. On March 17, Brown extended the closure through April 28. Brown closed schools for the remainder of the academic year on April 8. Oregon does not have a statewide date for schools to reopen. According to EdWeek, public schools in Oregon traditionally start the academic year from late August to early September, with the exact date varying by district. Context
DetailsDistrict reopening plans Each individual school is responsible for submitting an Operational Blueprint for Reentry to their local public health authority. The health authority must approve the plan before a school can reopen. Reopening plans must be made available online by Aug. 15. On June 10, Department of Education Director Colt Gill said, “We understand and honor the importance of local voice, leadership and control. These individual plans will reflect the distinct strengths and needs of each district and community.” In-person, hybrid, and online learning Each individual school will decide whether to use in-person teaching, online learning, or a hybrid model. Schools choosing to only offer online learning must explain why they are not offering in-person teaching or hybrid learning. Mask requirements Face coverings are required for staff who are regularly within six feet of students or staff, bus drivers, staff preparing or serving meals, front office staff, and school nurses when providing direct contact care. All adult visitors are also required to wear face coverings. Face coverings are recommended for all staff (based on local public health and CDC guidelines) and students in 6th-12th grade. Conditions under which children should not wear a face covering are:
In-person health recommendations and requirements The plan suggests that schools develop plans that incorporate the following recommendations:
Transportation and busing requirements and restrictions The plan offers the following suggestions for transportation:
Additional activityIn this section, we feature examples of activities by other federal, state, and local governments and influencers relevant to recovering from the pandemic.
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Kanye West holds first campaign rally in South Carolina
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Michigan Civil Service Commission approves union dues deduction rule change
Michigan Civil Service Commission approves rule change for deducting union dues from employee paychecks
On July 13, the Michigan Civil Service Commission voted 3-1 in favor of a rule change requiring unionized state employees to authorize union dues deductions from their paychecks on an annual basis.
What is at issue?
Rule 6-7 of Michigan’s Civil Service Rules had allowed for the deduction of union dues from workers’ paychecks, subject to their consent. The rule did not establish an expiration date for dues deduction authorizations:
“If agreed to in a collective bargaining agreement, the state may deduct the dues or service fee of a member of an exclusively represented bargaining unit through payroll deduction. An appointing authority cannot deduct membership dues or service fees unless the employee has made a voluntary authorization. The director shall establish the exclusive process for employees to authorize or deauthorize deduction of dues or fees.”
Under the rule change which takes effect Sept. 1, workers must consent to dues deductions annually. If a worker does not authorize dues deductions between now and Sept. 1, dues deductions will be automatically cancelled.
What is the Michigan Civil Service Commission, and how did the vote split?
The Michigan Civil Service Commission is a state agency that regulates all conditions of employment for classified state employees. The governor appoints the commission’s four members to staggered eight-year terms.
Gov. Rick Snyder (R) appointed all four current members of the commission. Three members – James Barrett, Jase Bolger, and Jeff Steffel – voted to approve the rule change. Commission chair Janet McClelland voted against it. Bolger and Barrett are registered with the Republican Party. Steffel and McClelland are registered independents.
What are the reactions?
Support
- Bolger said the rule change is a “protection of rights” for state employees: “I do not agree with claims that it impacts rights to collective bargaining. Instead, unions will be able to make their case, but I do believe it protects individual workers’ rights. Workers will remain free to make their choice.”
Opposition
- Ron Bieber, president of the Michigan affiliate of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), said, “This action has no other purpose than to impose arbitrary hardships on bargaining units, create turmoil in workplaces during a historic pandemic and a global recession, and disrupt the work that unions do on behalf of these state workers. It’s unconstitutional, it’s unsupported by any recent laws or court decisions, and it’s just plain wrong. They should be ashamed.
Relation to Janus v. AFSCME
- Vincent Vernuccio, senior fellow for the Mackinac Center for Public Policy, discussed the rule change in relation to the Supreme Court’s 2018 decision in Janus v. AFSCME: “In 2018, the U.S. Supreme Court issued the [Janus] decision that did two things, both of which are being updated for the rule change here. The first, it basically gave right to work for state employees throughout the country. The second, in what Justice [Samuel] Alito called ‘affirmative consent,’ it required an opt-in provision to protect the public employees’ First Amendment rights.”
- Chuck Browning, director of the United Auto Workers Region 1A, disputed the application of Janus as a justification for the rule change: “As the court itself noted, ‘States can keep their labor relations systems exactly as they are.’ Only that they don’t have to force non-members to subsidize public sector unions. Janus, therefore, does not justify the proposed rule change.”
What we’ve been reading
- Lexology, “Virginia General Assembly makes pro-employee changes to state laws,” July 15, 2020
- Washington Examiner, “Ohio public employees win settlement in ‘limited window’ union dues case,” July 15, 2020
- In These Times, “The Public Sector’s Right to Strike Is Left Behind in Biden-Bernie Task Force Compromise,” July 9, 2020
The big picture
Number of relevant bills by state
We are currently tracking 97 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
No legislative actions have been taken on relevant bills since our last issue.
Bill Stepien replaced Brad Parscale as Trump campaign manager
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Documenting America’s Path to Recovery: July 16, 2020
Each day, we:
Want to know what happened yesterday? Click here. The next three daysWhat is changing in the next three days?
Since our last editionWhat 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.
Tracking industries: Nursing home visitsAll 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 8th edition of the newsletter. Since then, no new states have allowed or restricted visitation.
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This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year. Louisiana’s reopening planOn July 14, the Louisiana State Board of Elementary and Secondary Education unanimously approved Superintendent Cade Brumley’s proposed reopening guidelines. Brumley said that the guidelines were “minimum health and safety standards for every school in the state,” while allowing local districts to create their own specific plans. On March 13, Gov. John Bel Edwards (D) issued an executive order closing K-12 schools until April 13. On April 2, Edwards extended the closure through April 30. On April 13, Edwards made the closure effective for the remainder of the school year. Louisiana does not have a statewide date for public schools to reopen. According to EdWeek, public schools in Louisiana traditionally start the school year in early August, with the exact start date varying by district. ContextLouisiana has a divided government. The governor is a Democrat, and Republicans hold majorities in both chambers of the state legislature. The state has had a divided government since 2016. The following tables show public education statistics in Louisiana, 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.
DetailsDistrict reopening plans Under the guidelines, school districts are responsible for creating their own reopening plans in accordance with the guidelines. Brumley said each district must submit its plan to the state for approval, but did not say whether the plans had to be posted publicly. In-person, hybrid, and online learning Under the guidelines, school districts must decide whether students will learn face-to-face, remotely, or using a hybrid model. Individual students may be considered for remote or hybrid learning based on academic, social, emotional, familial, or medical needs. Mask requirements The guidelines state that adults and students in grades 3 through 12 must wear face coverings to the greatest extent possible. In-person health recommendations and requirements The guidelines place a limit on the number of individuals who can gather in a single room or outdoors at one time depending on the state’s reopening phase. During Phase One, 10 individuals can meet at one time. That limit expands to 25 during Phase Two and 50 during Phase Three. In a presentation on the guidelines, Brumley laid out how schools would respond to positive cases. If a school becomes aware of a presumptive case, the individual in question should not attend school until determined to be non-infectious by their doctor. School superintendents will be given authority, in consultation with the Office of Public Health, to determine whether a school must close if it becomes a coronavirus hotspot. Brumley said that one positive case did not mandate the closure of a classroom or school. Transportation and bussing requirements and restrictions As with meeting size limits, the guidelines determine bus capacity by the state’s reopening phase. During Phase One, buses may operate at 25% capacity. That capacity expands to 50% during Phase Two and 75% during Phase Three. Considerations For Reopening Mississippi SchoolsThe Mississippi Department of Education released school reopening guidance on June 8. The document contains recommendations for schools, school districts, and school boards, which have the final say on reopening decisions. Department of Education representative Jean Cook said the plan is “intended to be used as a resource and starting point for districts to consider local needs in collaboration with stakeholders.” On March 19, Gov. Tate Reeves (D) closed public schools until April 17. Reeves ended the public school year on April 21. Mississippi does not have a statewide date for schools to reopen. According to EdWeek, public schools in Mississippi traditionally start the academic year in early August, with the exact date varying by district. ContextMississippi 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 2018. The following tables show public education statistics in Mississippi, 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.
DetailsDistrict reopening plans School districts are not required to develop individualized reopening plans or submit plans to the state. Districts and schools have full discretion in implementing the state’s recommendations. In-person, hybrid, and online learning The school reopening plan allows districts to choose between an in-person, hybrid, and fully virtual learning schedule at their discretion. The state recommends districts consider the circumstances of their students, noting that schedules that integrate online work and attendance could cause problems for students in rural areas without consistent internet access. Mask requirements Mississippi’s plan does not require students or teachers to wear masks, but schools still must comply with state and local health orders. Schools are encouraged to contact the Department of Health before reopening to obtain mask-wearing guidance. In-person health recommendations and requirements The plan suggests schools using an in-person schedule develop and implement the following general procedures:
Transportation and bussing requirements and restrictions The plan suggests considering the availability of bus capacity before committing to a specific schedule type (such as hybrid or fully in-person). For schools using buses for fully in-person and hybrid schedules, the plan recommends the following:
Additional activityIn this section, we feature examples of activities by other federal, state, and local governments and influencers relevant to recovering from the pandemic. Prince George’s County Public Schools in Maryland announced it will remain fully remote through at least January. The district is the second-largest in Maryland and one of the 25 largest in the country. |
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Documenting America’s Path to Recovery: July 15, 2020
Each day, we:
Want to know what happened yesterday? Click here. Since our last editionWhat 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.
Tracking industries: RestaurantsAll 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 dine in at a restaurant? We last looked at restaurants in the June 10th edition of the newsletter. Since then, seven states (Connecticut, Illinois, Massachusetts, Maryland, New Hampshire, New York, and West Virginia) have allowed for indoor dining at restaurants. One state (New Jersey) moved from allowing no dine-in services to allowing outdoor dining. One state (California) moved from allowing indoor dining to allowing only outdoor dining.
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This is an in-depth summary of two state plans to reopen public K-12 schools for the 2020-2021 school year. Hawaii’s Return to Learn planThe Hawaii Department of Education released school reopening guidance on July 2. Superintendent Christina Kishimoto said, “We know that the delivery of instruction in Hawaiʻi, the nation and the world, is going to look very different. Our HIDOE ʻohana has been diligently working on plans for the new school year, growing from this experience and applying lessons learned toward our commitment to equity of access and quality education.” On March 16, Gov. David Ige (D) extended spring break through March 27. On March 19, he closed schools through April 6. He extended the closure on March 24 through April 30. On April 17, the Department of Education closed schools for the rest of the school year. Hawaii’s 2020-2021 school year is scheduled to start on August 4. According to EdWeek, traditional public schools in Hawaii typically start the academic year in early August. The state’s school guidance is tied to the state’s general reopening plan. In-person instruction cannot fully reopen until the state enters the Recovery phase of reopening. The school plan contained the following graphic: ContextHawaii is a Democratic trifecta. The governor is a Democrat, and Democrats hold majorities in both chambers of the state legislature. The state became a Democratic trifecta in 2011. The following tables show public education statistics in Hawaii, 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.
DetailsDistrict reopening plans Hawaii’s school reopening plan does not discuss a need for school districts to develop their own plans or submit such plans to the state. Schools must reopen in compliance with the state’s plan. In-person, hybrid, and online learning The Department of Education said instruction will be delivered through in-person, blended, and online channels, depending on the threat presented by the coronavirus and the department’s resources. The Board of Education passed a resolution on June 18 asserting online and hybrid attendance is equivalent to in-person attendance for the purposes of fulfilling the state’s 180 instructional day requirement. Parents of children from grades 6-12 will be able to select a virtual-only learning option. The state is still developing a virtual solution for grades K-5. Full details are not yet available. Hawaii’s three multi-track schools (Mililani Middle, Kapolei Middle, and Holomua Elementary schools) will convert to a traditional, single-track schedule at least through the Fall semester. Mask requirements Students and faculty are required to wear masks when they are not in the classroom. Students and faculty generally are not required to wear masks in classrooms, but staff and other adults are required to wear masks when they are within three feet of each other or a child. For students, “Masks should be worn when keeping six feet apart is not possible, or when children face each other and interact in similar ways. However, if students are sitting three feet apart, and facing the same way, wearing a mask is not required.” In-person health recommendations and requirements The state outlined the following general guidelines for schools:
For comprehensive guidelines, click here. Transportation and bussing requirements and restrictions The Student Transportation Services Branch is working with school administrators and bus contractors to develop adjusted, school-specific arrival and departure schedules. All bus passengers will be required to wear masks. No more than two students will be able to sit in the same bench seat, and seating will be assigned. Heightened cleaning and disinfecting procedures will be implemented between bus trips. Georgia’s Path to Recovery for K-12 SchoolsOn June 1, the Georgia Department of Education, in partnership with the Georgia Department of Health, released “Georgia’s K-12 Recovery Plan,” a set of guidelines to help schools reopen for the 2020-2021 school year. State School Superintendent Richard Woods said, “We created these guidelines, in partnership with Dr. Kathleen Toomey and her team at the Georgia Department of Public Health, to give school districts a blueprint for a safe reopening that is realistic in the K-12 setting. We have a responsibility to keep our students, teachers, school staff, and families safe and to provide the best possible education for our children. I’m confident these guidelines will help schools accomplish both of those objectives.” The guidance was revised and re-released on July 13 at the request of the Georgia Department of Health. Governor Brian Kemp (R) first closed K-12 schools on March 18. He extended the closure through April 24 on March 26 and announced on April 1 that schools would remain closed to in-person instruction for the remainder of the academic year. According to EdWeek, school districts in Georgia typically begin the year in early August, but the specific start date varies by district. The recovery plan states that the guidance for schools is not mandatory. Local school districts in Georgia can decide when and whether to return students to physical classrooms. ContextGeorgia is a Republican trifecta, with a Republican governor and Republican majorities in both chambers of the state legislature. The following tables show public education statistics in Georgia, 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.
DetailsDistrict reopening plans The plan does not require school districts to submit reopening plans to state authorities. The guidance in the document states that “Local school districts have the authority and flexibility to meet their individual needs and be responsive to their communities. School leaders should engage and communicate with their students, staff, and communities in the development and implementation of their plans.” The guidance is “designed to help districts prioritize the health and safety of students and teachers as they open school buildings and deliver instruction for the 2020-2021 school year.” The guidance includes a District Decision Tree that provides districts with different options under scenarios that range from the temporary closure of school buildings to a traditional arrangement of students in classrooms. The original version of the document released on June 1 called the three scenarios “Substantial spread,” “Minimal/Moderate Spread,” and “Low/No Spread.” In the revised document released on July 13, the three scenarios were changed to “Temporary Closure(s),” “Enhanced Mitigation Measure,” and “Preventative Practices.” In-person, hybrid, and online learning The guidance lays out the instructional model districts should adopt under the three different scenarios.
Mask requirements The plan states that face coverings are not mandatory but are strongly recommended where social distancing is difficult to accomplish. The plan recommends that school districts provide information to staff, students, and families on the proper use of cloth face coverings. In-person health recommendations and requirements The plan recommends that school districts conduct regular screening for symptoms of COVID-19 throughout the day and participate in contact tracing efforts as directed by local health officials. Under all three scenarios, school districts should communicate regularly with local and state Department of Health Officials. Districts should also post signage around schools designed to communicate how students and staff can prevent the spread of the virus. In-person recommendations under the Enhanced Mitigation Measures scenario include:
In-person recommendations under the Preventative Practices scenario include:
Transportation and bussing requirements and restrictions Under the Temporary Closure scenario, the plan recommends that buses be used to deliver up to a week’s worth of meals to students and families on a designated day of the week. Under the Enhanced Mitigation Measures scenario, districts should consider the following:
Under the Preventative Practices scenario, districts should consider the following related to transporting students:
Additional activityIn this section, we feature examples of activities by other federal, state, and local governments and influencers relevant to recovering from the pandemic.
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A closer look at Louisiana’s unique electoral system
In Louisiana, the candidate qualifying period opens on July 22 and closes on July 24. With the filing period upon us, the time is ripe for examining Louisiana’s one-of-a-kind system in greater depth, and for introducing Ballotpedia’s preferred term for the system: Louisiana majority-vote system.
How do elections work in Louisiana?
Louisiana’s electoral system for local, state, and federal offices differs markedly from those used in the other 49 states. In Louisiana, all candidates running for a local, state, or federal office appear on the same ballot in either October (in odd-numbered years) or November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast for the office being sought (i.e., 50 percent, plus one vote), he or she wins the election outright. If no candidate meets that threshold, the top two finishers, regardless of their partisan affiliations, advance to a second election in December. In that election, the candidate who receives the greatest number of votes wins.
What terms are used to describe this system?
The general public commonly refers to this electoral system as a “jungle primary.” But that term presents two problems. First, it has negative connotations. In this context, the adjectival use of “jungle” suggests disorderliness and chaos. Its use infers a negative judgment against the electoral system. Second, the term lacks descriptive force. It does little to explain the substance or function of the system it is used to describe.
Louisiana’s secretary of state describes the state’s electoral system as a “majority-vote primary paired with a plurality-vote general election:”
- “All statewide and local candidates in Louisiana are elected by majority vote. A majority vote is one more than 50% of the total votes cast for that office. When one candidate is to be elected, a candidate who receives a majority of the votes cast for an office in a primary election is elected. If no candidate receives a majority, the top two candidates who receive the most votes advance to the general election.”
- “The candidate who receives the most votes cast for an office in a general election is elected. If two or more offices are to be filled, those candidates receiving the highest total of votes are elected to the number of offices to be filled. If there is a tie vote among more candidates than offices to be filled, all candidates who received the highest number of tie votes advance to another election to be held on the 3rd Saturday after the promulgation of the election results.”
The term “majority-vote primary” is an improvement over “jungle primary.” It is neutral, and it more accurately describes how the system works. Still, this term is misleading because it uses the term “primary,” which is most precisely construed as an election used either to narrow the field of candidates for a given office or to determine the nominees for political parties in advance of a general election. Under this definition, a candidate cannot win election to an office outright in a primary. A candidate can only win an office in a general election. However, this is not the case in Louisiana. A candidate can win election outright in the first round of voting.
“Plurality-vote general election” does not clearly communicate the possibility of outright election in the first phase of the process (i.e., the November election). As such, it is misleading. Further, in most cases, the vote threshold for this election is effectively a simple majority (i.e, if only two candidates can advance to the general election, one of those candidates is practically guaranteed a majority share of the total vote).
How does Ballotpedia describe Louisiana’s electoral system?
In response to the shortcomings of the aforementioned existing terms, we call Louisiana’s electoral system the “Louisiana majority-vote system.”
This term hews closely to the terms presently used by the Louisiana secretary of state. However, it doesn’t use the misleading “primary” and “general” descriptors. Instead, it encompasses both phases of the process without obscuring the possibility of election in the first phase.
We can expand this term to accurately distinguish between the two phases of an election, as follows:
- Louisiana majority-vote system, first round: This describes what has traditionally been referred to as the “jungle primary.”
- Louisiana majority-vote system, second round: This describes what has traditionally been referred to as the “general,” “general runoff,” or “runoff” election.
For a more complete discussion of Louisiana’s electoral system and related, but distinct, concepts (e.g., top-two primaries and blanket primaries), see this article.
Absentee/mail-in voting modifications
Since our July 1 edition, we’ve tracked the following absentee/mail-in voting modifications:
- Alabama: On July 2, the U.S. Supreme Court temporarily stayed a district court order barring Alabama election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14 runoff elections. A full appeal of the district court’s decision is pending before the United States Court of Appeals for the Eleventh Circuit.
- Arkansas: On July 2, Gov. Asa Hutchinson (R) and Secretary of State John Thurston (R) announced that voters in the Nov. 3 general election would be allowed to cite concerns over COVID-19 as a valid excuse for voting absentee.
- Delaware: On July 1, Gov. John Carney (D) signed HB346 into law, providing for the state election commission to automatically deliver a vote-by-mail application to every qualified voter in the 2020 primary, general, and special elections.
- Maryland: On July 8, Gov. Larry Hogan (R) ordered the state board of elections to automatically send absentee/mail-in ballot request forms to all qualified voters in the Nov. 3 general election.
- Massachusetts: On July 6, Gov. Charlie Baker (R) signed into law legislation extending vote-by-mail eligibility in the fall primary and general elections to all qualified voters.
- South Carolina: On July 8, the South Carolina Election Commission announced that return postage for all mailed absentee ballots in the Nov. 3 general election would be prepaid.
To date, 35 states have modified their absentee/mail-in voting procedures. These modifications can be divided into five broad categories:
- Automatic mail-in ballots: Four states (California, Montana, Nevada, and New Jersey) have opted to automatically send mail-in ballots to all eligible voters in certain elections to ensure that most voting takes place by mail. These states are shaded in yellow in the map below.
- Automatic mail-in ballot applications: Sixteen states (Connecticut, Delaware, Georgia, Idaho, Illinois, Iowa, Maryland, Michigan, Nebraska, New Mexico, New York, North Dakota, Rhode Island, South Dakota, West Virginia, and Wisconsin) have opted to automatically send mail-in ballot applications to all eligible voters in certain elections. These states are shaded in dark blue in the map below.
- Eligibility expansions: Ten states (Arkansas, Indiana, Kentucky, Massachusetts, Missouri, New Hampshire, Oklahoma, South Carolina, Tennessee, and Virginia) have expanded absentee voting eligibility in certain elections. These states are shaded in light blue in the map below.
- Deadline extensions: Four states (Minnesota, Ohio, Pennsylvania, and Utah) have opted to extend absentee/mail-in ballot request or submission deadlines in certain elections. These states are shaded in dark gray in the map below.
- Other process changes: One state ( North Carolina) has made other modifications to its absentee/mail-in ballot procedures in certain elections. This state is shaded in gray in the map below.
Litigation tracking
To date, we have tracked 131 lawsuits and/or court orders involving election policy issues and the COVID-19 outbreak. In each issue of The Ballot Bulletin, we shine a spotlight on what we consider one of the more interesting recent events in this area. Click here to view the complete list of lawsuits and court orders.
This week, we turn our attention to a case out of Alabama, Merrill v. People First of Alabama.
- Case name: Merrill v. People First of Alabama
- Case number: 19A1063 (district court case number: 2:20-cv-00619; appellate court case number: 20-12184)
- State of origin: Alabama
- Court: U.S. Supreme Court
- Summary: On July 2, the U.S. Supreme Court temporarily stayed a district court order barring Alabama election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14 runoff elections. A full appeal of the district court’s decision is pending before the United States Court of Appeals for the Eleventh Circuit. The Supreme Court’s order was unsigned. However, it was noted that Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan voted to deny the state’s request to lift the district court’s injunction.
- Court documents:
- Order (dated July 2)
- Appeals court order (dated June 25)
- District court order (dated June 15)
Legislation tracking
To date, we have tracked 255 bills that make some mention of both election policy and COVID-19. States with higher numbers of relevant bills are shaded in darker blue on the map below. States with lower numbers of relevant bills are shaded in lighter blue. In states
shaded in white, we have tracked no relevant bills.
Heart of the Primaries 2020, Democrats-Issue 27 (July 15, 2020)
This week: M.J. Hegar wins Senate nomination in Texas, Super PAC spends $900,000 to support Ed Markey in Massachusetts, and Vermont gubernatorial candidates differ on ethics policy
On the news
Where do Democratic and progressive pundits and commentators disagree? Each week, we bring you excerpts that highlight differing views.
On ‘cancel culture’
“A specter is haunting Western democracies. No, it is not the surging pandemic, mass death or catastrophic unemployment. It is, if you believe Donald Trump and some of his critics, the end of free speech and the advent of ‘cancel culture.’ …
“… free speech has never been more widely available than it is today. So much so that the cacophony of voices liberated by digital media too frequently drowns out well-informed and sensible opinion. Trump, who blurts out several hot takes every day, is himself an example of the verbal incontinence enabled by Twitter in recent years. …
“… the picture that Trump and highly prominent writers draw of narrowed and darkened intellectual horizons seems wholly unrecognizable, even paranoid.
“Could it be that increasingly diverse voices and rich conversations are a threat to their free speech — more accurately, the prerogative of famous and powerful people to speak at length on all sorts of things without interruption or disagreement? …
“No doubt this networked minority will continue to protect its privileges by invoking various dangers to free speech. But no one should mistake its fear of obsolescence and irrelevance for any kind of liberalism.”
Pankaj Mishra, Bloomberg Opinion, July 14, 2020
“In recent years, there has been a marked and disquieting increase in the willingness of a raft of actors left, center, and right, both in government and in civil society, to engage in a practice and attitude of censorship and to abandon due process, presumption of innocence, and other core civil liberties.
“There have been some attempts from different quarters at a pushback against this, but the most recent such effort at a course correction is an open letter decrying the phenomenon appearing in Harper’s magazine. …
“What is true is that to limit this discussion to the acts of the extremely online mob, to, say, British author Jon Ronson’s concerns about Twitter public shaming, or to the ill-defined term ‘cancel culture,’ entirely misses the far wider atmosphere of an aggressive and accelerating threat to civil liberties.
“It is understandable that a brief open letter would not offer a catalog of episodes, but this is nevertheless unfortunate, as it allows Robinson and others to maintain a ‘nothing to see here, please move along’ stance.
“When we do in fact consider such a catalog, we find that to deny that this is happening, or to diminish it as inconsequential is untenable. There are simply too many examples.”
Leigh Phillips, Jacobin, July 12, 2020
Election results
U.S. Senate in Maine: Sara Gideon defeated Betsy Sweet and Bre Kidman in the Democratic primary for U.S. Senate in Maine. As of 11:00 p.m. Eastern Time on July 15, Gideon had received 70%of the vote followed by Sweet and Kidman with 23% and 7% of the vote, respectively, with 87% of precincts reporting. Gideon was endorsed by the Democratic Senatorial Campaign Committee, the official Senate campaign wing of the national Democratic Party. According to pre-primary campaign finance reports, she had raised $23,001,088, more than all but four other Senate candidates across the country so far in 2020. Gideon will face incumbent U.S. Sen. Susan Collins (R) in the general election. Collins is one of two incumbent Republican senators running for re-election in a state that Hillary Clinton (D) won during the 2016 presidential election. Clinton received 48% of the vote in Maine to Donald Trump’s (R) 45%.
U.S. Senate in Texas: M.J. Hegar defeated Royce West in the Democratic primary runoff for U.S. Senate in Texas. Hegar received 52% of the vote to West’s 48%. Hegar’s endorsers included the Democratic Senatorial Campaign Committee and End Citizens United. She is a former U.S. Army search and rescue and medevac pilot. Hegar ran for the U.S. House in Texas’ 31st District in 2018, losing to incumbent John Carter (R) 51% to 48%. The Texas Working Families Party and several state House members endorsed West. West has served in the state House since 1992. Incumbent Sen. John Cornyn (R) is running for re-election. Democrats last won a statewide election in Texas in 1994. In the most recent U.S. Senate election, incumbent Ted Cruz (R) defeated then-Rep. Beto O’Rourke (D) 51% to 48%.
Texas’ 10th Congressional District: Mike Siegel defeated Pritesh Gandhi in the Democratic primary runoff for Texas’ 10th Congressional District. Siegel received 54% of the vote to Gandhi’s 46%. The candidates split on healthcare and climate policy, with Siegel supporting a single-payer healthcare plan and the Green New Deal and Gandhi backing a plan he described as Medicare for All who want it and a carbon fee structure to reduce emissions. The Austin American-Statesman endorsed Gandhi, while the Austin Chronicle and Houston Chronicle endorsed Siegel.
Texas’ 24th Congressional District: Candace Valenzuela defeated Kim Olson in the Democratic primary runoff for Texas’ 24th Congressional District. Valenzuela received 60% of the vote to Olson’s 40%. Former U.S. Secretary of Housing and Urban Development Julian Castro (D), U.S. Sens. Elizabeth Warren (D-Mass.) and Kamala Harris (D-Calif.), several members of the U.S. House, and multiple congressional caucus PACs endorsed Valenzuela, who served on the Carrollton-Farmers Branch school board. The Dallas Morning News, the Fort Worth Star-Telegram, and multiple organizations supporting military veterans in politics endorsed Olson, a retired Air Force colonel. In 2018, retiring incumbent Kenny Marchant (R) won re-election by three percentage points.
Texas’ 31st Congressional District: Donna Imam defeated Christine Eady Mann in the Democratic primary runoff for Texas’ 31st Congressional District. Imam received 57% of the vote to Eady Mann’s 43%. Imam, a computer engineer, received an endorsement from former 2020 Democratic presidential candidate Andrew Yang (D), who said, “Imam is one of the most solutions-oriented candidates I’ve ever spoken to, which is no surprise as she’s an engineer and entrepreneur.” Imam will face incumbent Rep. John Carter (R) in the general election. Carter has represented the 31st District since its creation in 2003. He most recently won re-election in 2018 over M.J. Hegar (D), receiving 51 percent of the vote to Hegar’s 48 percent, the first time a Democratic candidate had won over 40 percent of the vote in the district.
U.S. Congress
Super PAC spends $900,000 supporting Markey in Mass.
The super PAC United for Massachusetts spent $900,000 on TV and digital ads saying Sen. Ed Markey was progressive on healthcare and the environment before crises developed in these areas. The Sunrise Movement and Environment America Action Fund formed the PAC.
Markey faces U.S. Rep. Joe Kennedy in the Sept. 1 primary. Kennedy has pledged to disavow satellite spending in the race and called on Markey to do the same. Markey says he wants to allow progressive voices to be heard.
Former 2020 Democratic presidential candidate Tom Steyer endorsed Markey on June 29, saying he’s “been leading the fight in Congress to tackle our climate crisis.”
Markey introduced a Green New Deal resolution into Congress with Rep. Alexandria Ocasio-Cortez (D-N.Y.) in 2019. Kennedy says he supports the Green New Deal and that Markey hasn’t done enough to implement it.
Kennedy released an ad last week saying America has left people behind and, “If you think this is as good as we can possibly be, then great, vote for the status quo. But if you believe that we actually can do better, this has to be the moment where we finally reject the policies of the past and we build something better, something stronger for the future.”
Markey has been in the Senate since 2013. He served in the U.S. House from 1976 to 2013. Kennedy has been in the U.S. House since 2013.
Groups focused on Israel policy fundraise for Omar challenger Melton-Meaux
Antone Melton-Meaux, who is challenging Rep. Ilhan Omar (D) in Minnesota’s 5th Congressional District primary, raised $1.5 million in May. Some of his contributors cite policy differences between him and Omar on Israel as the reason for their support.
Melton-Meaux has received about $450,000 from Pro-Israel America and NORPAC. NORPAC says it supports candidates who “demonstrate a genuine commitment to the strength, security, and survival of Israel.” Pro-Israel America collected about $300,000 in individual donations for Melton-Meaux, and NORPAC collected about $150,000.
Omar has supported the Boycott, Divestment, and Sanctions (BDS) movement’s approach of using economic pressure in an effort to change Israel’s policies regarding Palestine. Melton-Meaux opposes BDS. Both candidates say they support a two-state solution.
Omar has apologized for a 2012 tweet in which she said Israel “has hypnotized the world.” In 2019, House Minority Leader Kevin McCarthy (R) said he would take action against Omar and Rep. Rashida Tlaib (D-Mich.) for their statements on Israel and BDS. Democratic and Republican members of Congress criticized Omar for responding that McCarthy’s statement was “all about the Benjamins,” saying she was playing on anti-Semitic tropes. Omar said she was referring to lobbying money from groups supporting Israel and apologized for her comment.
Through March 31, Omar reported raising $3.4 million to Melton-Meaux’s $484,000. John Mason had raised $108,000. Data was unavailable for the remaining two primary candidates.
Omar was first elected in 2018. She is part of a progressive group of representatives of color known as the Squad, including Tlaib, Alexandria Ocasio-Cortez (D-N.Y.), and Ayanna Pressley (D-Mass.).
The primary is Aug. 11.
State executives
Vermont gubernatorial candidates differ on ethics regulations
Former Vermont Secretary of Education Rebecca Holcombe’s (D) proposed ethics rules have split two of her opponents in the Democratic gubernatorial primary.
Holcombe’s proposal, released July 9, calls for expanding the Vermont Ethics Commission’s powers as well as a five-year lobbying ban on former governors and administration officials and a two-year lobbying ban on former state legislators.
Attorney Pat Winburn said he backed Holcombe’s proposal and that lobbyists should have less influence in state politics. Holcombe’s other opponent, Lt. Gov. David Zuckerman, said her proposal went too far.
Zuckerman said Vermont’s two-year gubernatorial terms already put the state at a disadvantage when attempting to hire top administration officials from the private sector and that a five-year lobbying ban was a step in the wrong direction.
The Aug. 11 primary is open to all registered voters. Incumbent Phil Scott (R), who was first elected in 2016, is running for a third term this year. Two election forecasters say Scott is likely to win and a third says he is a solid bet to win.
Vermont Auditor, challenger clash over state audit release
Vermont Auditor Doug Hoffer and primary challenger Linda Sullivan released dueling statements following Hoffer’s release of an audit of Vermont’s healthcare system.
Sullivan, a member of the state House, criticized the timing of the report’s release. Sullivan said the report had been deliberately timed to coincide with the start of early voting in the primary. She said Hoffer’s campaign had sent a message to supporters touting the audit the same day it was published.
Sullivan also criticized the substance of the audit, saying it did little beyond state known risk factors and describe existing problems without offering any suggestions for improvement. Sullivan campaign manager Jim Salsgiver said the report was evidence that Hoffer did not have the technical knowledge necessary to oversee an office of auditors since he was not a licensed accountant or auditor.
Hoffer, who was first elected in 2012, said Sullivan’s criticisms were politically motivated and contained multiple factual errors. He said the report was intended to be a first step in a larger audit process and that it was appropriate for his campaign to promote it since it was directly related to the responsibilities of the office. He described Sullivan’s criticism as an attempt to gain voters’ attention ahead of the primary.
The Aug. 11 primary is open to all registered voters. The winner of the Democratic nomination will face Progressive nominee Cris Ericson in the general election. No Republican candidate filed for state auditor in Vermont this year.
Legislatures
*The number of incumbents who did seek re-election is provided for the 41 states whose 2020 filing deadlines have already passed. The number of incumbents defeated in primaries is provided for the 24 states that have already held state legislative primaries in 2020.
Minn. state Democratic-Farmer-Labor Party warns incumbent to stop implying he received the party’s endorsement
Minnesota Democratic-Famer-Labor Party (DFL) Chairman Ken Martin wrote a letter to state Sen. Erik Simonson (D-07) last week warning him over his campaign practices. The letter requested that Simonson stop implying the party has endorsed him in the Aug. 11 primary.
In a now-inactive Facebook ad, Simonson wrote, “As a Senate DFL assistant leader, public servant and fierce advocate of Duluth, it comes as no surprise that labor and local DFL organizations are standing by Senator Simonson.”
In his letter to Simonson, Martin wrote, “I … request that you cease and desist the manner in which you reference your affiliation with the ‘DFL.’” He added, “An unendorsed candidate like you wishing to identify himself as a member of the DFL Party must use words such as ‘member of’ or ‘affiliated with’ in conjunction with the party name.”
On May 13, we reported that challenger Jen McEwen (D) received the party’s endorsement over Simonson at a virtual convention with 70 percent of the delegate vote to Simonson’s 29 percent. McEwen’s campaign manager, Bridget Holcomb, said, “While it must be difficult for Sen. Simonson to have lost the support of local Democrats, it’s important that we all play by the rules.”
Simonson said he addressed the issues on July 9: “I wasn’t trying to be sneaky, I get it … I am an assistant minority leader of the DFL caucus in the state Senate.”
Campaign finance reports show challenger outraising incumbent in Hawaii’s House District 13
Campaign spending reports covering the period from January 1 to June 30 showed Walter Ritte (D) outraising incumbent Rep. Lynn DeCoite (D-13) in Hawaii’s House District 13.
According to The Maui News’ Colleen Uechi, reports from across the state showed that “incumbent candidates unsurprisingly led the field in total campaign funds,” but that “Ritte was one of the few challengers to stay financially competitive with his opponent.” During the first half of the year, Ritte raised $39,076.83, giving him $23,127.60 cash on hand. DeCoite raised $16,050, bringing her cash total to $29,872.95.
Ritte is a Native Hawaiian activist who helped form Hui Alaloa, a group focused on water and land access rights, in the 1970s. Since then, he has been involved in a number of movements on the island of Molokai. He received endorsements from Our Revolution Hawaii, the Sierra Club, and the Hawaii State Teachers Association.
DeCoite owns and operates L&R Farms Enterprises on Molokai. She was appointed to District 13 in 2015 following the resignation of Rep. Mele Carroll (D). She won election to a full term in 2016 and was re-elected in 2018. DeCoite received contributions from the campaigns of state Sens. J. Kalani English (D-07), Michelle Kidani (D-18), Donna Kim (D-14), and Gil Keith-Agaran (D-05).
The winner of the Aug. 11 primary will face Republican Robin Vanderpool and Aloha Aina Party candidate Theresa Kapaku in the general election.
Power players
“BOLD PAC is the fastest growing Democratic Political Action Committee dedicated to increasing the diversity of our leadership in the House and Senate. It champions progressive Democrats fighting for change.” – BOLD PAC website
BOLD PAC was founded in 2001 as the fundraising arm of the Congressional Hispanic Caucus. The group says it supports “strong Hispanic candidates and candidates who embrace BOLD policies.” As of May 2020, the group said it was spending $2.75 million on 2020 congressional primaries.
BOLD PAC Chairman Tony Cárdenas said, “BOLD PAC is proud to support Latino candidates to help hold the Democratic House majority and expand the Hispanic Caucus. Democrats made historic gains in 2018 and secured the majority in the House with the most diverse Congress in our nation’s history. With so much at stake, BOLD PAC is fully committed to building on the success of 2018 and helping elect a new wave of Latino leaders to Congress.”
Click the following links to view the group’s endorsed Hispanic candidates, endorsed candidates, and BOLD members.
Heart of the Primaries 2020, Republicans-Issue 27 (July 15, 2020)
This week: Tuberville defeats Jeff Sessions in Alabama Senate runoff, PAC spends $3 million to oppose Kobach in Kansas Senate primary, and Washington gubernatorial candidates hold debate
On the news
Where do Republican and conservative pundits and commentators disagree? Each week, we bring you excerpts that highlight differing views.
On Roger Stone
“Bill Clinton pardoned his own brother for felony distribution of cocaine. And a key witness in the Whitewater scandal for which he and Hillary Clinton were under investigation. And three others convicted in independent counsel Ken Starr’s probe. And Marc Rich, in what was a straight up political payoff. And his CIA director. And his HUD secretary. And eight people convicted in an investigation of his Agriculture Department. …
“Clinton also commuted the sentences of convicted terrorists, some of whom hadn’t even asked for clemency. Shameless as he was, though, even he couldn’t bring himself to pardon Oscar Lopez Rivera, the defiantly unrepentant FALN leader.
“President Obama took care of that.
“Obama also commuted the sentence of a U.S. soldier who passed top-secret information to WikiLeaks. He pardoned his former Joint Chiefs of Staff vice chairman, who’d been convicted of making false statements about a leak of classified information to the New York Times. And when he couldn’t get Congress to amend federal drug laws the way he wanted them amended, Obama used the pardon power to slash hundreds of sentences, under an executive initiative later sharply criticized by the Obama-appointed DOJ inspector general. …
“So, as abuses of the pardon power go — and they do go — I can’t get too whipped up over President Trump’s commutation of Roger Stone’s 40-month sentence for non-violent criminal obstruction of a bogusly based and ridiculously over-prosecuted investigation.”
Andrew C. McCarthy, National Review, July 11, 2020
“The fact that Obama and Clinton ‘got away with it’ does not make Trump’s commutation of the sentence of his longtime political dirty trickster, Roger Stone, less of an affront to the system. …
“There is no defensible excuse for eliminating Stone’s sentence. Stone tried to enable a hostile foreign power to influence an election, in ways illicit and bordering on illegal, and then illegally and unambiguously lied about it. For this, he should serve jail time.
“There is one way in which Trump’s commutation is worse than some of the outlandish commutations and pardons from Obama and Clinton. Those earlier clemencies included neither crimes directly connected to the sanctity of our elections nor ones involving illicit foreign activities related to elections
“The worst of those other presidents’ clemencies also came when they were on their way out the door, leaving office and thus unable to benefit electorally from them. Trump’s action, in the run-up to the next election, sends a signal that foreign shenanigans to benefit his candidacy are likely to go unpunished. …
“This is corruption. It is wrong each time any president engages in it. Trump’s commutation of Stone is particularly galling and is one more sign of his unfitness for the presidency.”
Quin Hillyer, Washington Examiner, July 13, 2020
Election results
U.S. Senate in Alabama: Tommy Tuberville defeated Jeff Sessions in the Republican primary runoff for U.S. Senate in Alabama. Tuberville received 61% of the vote to Sessions’ 39%. President Donald Trump endorsed Tuberville, a former college football coach. Sessions held the Senate seat for 20 years before Trump appointed him as U.S. attorney general in 2017. Club for Growth PAC and FarmPAC—the political action committee of the Alabama Farmers Federation—were among Tuberville’s other endorsers. Sessions’ endorsers included the National Rifle Association Political Victory Fund, the National Immigration and Customs Enforcement Council, and several U.S. senators. Tuberville will face incumbent Sen. Doug Jones (D) in November. Roll Call named Jones the most vulnerable incumbent senator up for re-election in 2020.
Alabama’s 1st Congressional District: Jerry Carl defeated Bill Hightower in the Republican primary for Alabama’s 1st Congressional District. Carl had 52% of the vote to Hightower’s 48%. Alabama Daily News‘ Todd Stacy described the race as “a battle between the activist and business wings of the Republican Party.” Carl received endorsements from the U.S. Chamber of Commerce and the outgoing incumbent Rep. Bradly Byrne (R). Hightower received endorsements from the National Right to Life and Club for Growth, which spent over $1 million in the race primarily opposing Carl.
Alabama’s 2nd Congressional District: Barry Moore defeated Jeff Coleman in the Republican primary runoff for Alabama’s 2nd Congressional District. Moore received 60% of the vote to Coleman’s 40%. Incumbent Martha Roby (R) did not seek re-election, leaving this safe Republican district open. Moore served in the state House from 2010 to 2018 and is a U.S. Army and Alabama National Guard and Reserves veteran. Club for Growth PAC, the House Freedom Fund, and Rep. Andy Biggs (R-Ariz.) were among his endorsers. Coleman is chairman of Coleman Worldwide Moving. His endorsers included Roby, the U.S. Chamber of Commerce, and the Business Council of Alabama.
Maine’s 2nd Congressional District: As of 10:45 a.m. Eastern Time on July 15, the Republican primary in Maine’s 2nd Congressional District remained too close to call. With 86% of precincts reporting, Dale Crafts led with 44.8% of the vote to Adrienne Bennett’s 32.4% and Eric Brakey’s 22.8%. The primary was carried out using ranked-choice voting, in which voters rank candidates from their first to their third choice. Should no candidate receive more than 50% of the vote in the final tally, the last-place candidate will be eliminated and their voters’ votes distributed to their second-choice candidate. The winner will face incumbent Jared Golden (D), who unseated Bruce Poliquin (R) in 2018.
Texas’ 13th Congressional District: Ronny Jackson defeated Josh Winegarner in the Republican primary runoff for Texas’ 13th Congressional District. Jackson received 56% of the vote to Winegarner’s 44%. President Donald Trump (R), U.S. Sens. Lindsey Graham (R-S.C.) and Josh Hawley (R-Mo.), and former Texas Gov. Rick Perry (R) endorsed Jackson. Incumbent Rep. Mac Thornberry (R), who did not seek re-election, endorsed Winegarner, along with U.S. Reps. Mike Conaway (R-Texas), Lance Gooden (R-Texas), and Kenny Marchant (R-Texas). Thornberry, who was first elected in 1994, won his last election in 2018 by a margin of victory of 65 percentage points.
Texas’ 17th Congressional District: Pete Sessions defeated Renee Swann in the Republican primary runoff for Texas’ 17th Congressional District. Sessions received 54% of the vote to Swann’s 47%. Sessions was a member of Congress from 1997 to 2019, representing Texas’ 32nd Congressional District (2003-2019) and Texas’ 5th Congressional District (1997-2003). He campaigned on his record and said he voted in support of Trump 98% of the time. Incumbent Rep. Bill Flores (R) endorsed Swann, citing her desire to work with President Trump and her stances on immigration and social issues. Swann’s campaign highlighted her experience in business and healthcare. Flores won re-election by 15 percentage points in 2018.
Texas’ 22nd Congressional District election: Troy Nehls defeated Kathaleen Wall in the Republican primary runoff for Texas’ 22nd Congressional District. Nehls received 70% of the vote to Wall’s 30%. The Houston Chronicle, SEAL PAC, and the U.S. Chamber of Commerce endorsed Nehls. U.S. Sen. Rand Paul (R-Ky.), Texas Attorney General Ken Paxton (R), the National Association for Gun Rights, and the Susan B. Anthony List endorsed Wall. According to campaign finance reports, Wall spent $2 million to Nehls’ $98,000 between April 1 and June 24. Incumbent Pete Olson (R), who was first elected in 2008, did not seek re-election. Since 1979, Republicans have represented the district for all but two years, when Nick Lampson held the seat from 2007 to 2009. In 2018, Olson won re-election 51.4% to 46.5%.
Texas’ 23rd Congressional District: Tony Gonzales and Raul Reyes Jr. ran in the Republican primary runoff for Texas’ 23rd Congressional District. As of 8:30 a.m. Central Time on July 15, the race was too close to call with 100% of precincts reporting. Gonzales and Reyes each had 50.0% of the vote. A margin of seven votes—0.028% of the total votes cast—separated them. Incumbent Will Hurd (R), who was first elected in 2014, did not seek re-election. Both Gonzales and Reyes highlighted their military backgrounds. Gonzales served in the Navy, and Reyes served in the Air Force. President Donald Trump (R), U.S. Sen. Marco Rubio (R-Fla.), and U.S. Reps. Hurd, Kevin McCarthy (R-Calif.), and Steve Scalise (R-La.) endorsed Gonzales. U.S. Sen. Ted Cruz (R-Texas), Young Conservatives of Texas, Texas Family Action, and Texas Right to Life endorsed Reyes. Hurd won his last election in 2018 49.2-48.7%.
U.S. Congress
PAC spends $3 million opposing Kobach in Senate primary in KS
Plains PAC announced $3 million in spending opposing Kris Kobach in the Senate primary in Kansas. The group released an ad criticizing Kobach’s 2018 gubernatorial election defeat and says he employed an aide with a history of making racist comments. Kobach’s campaign fired the aide, and Kobach denounced the comments.
Kobach, Kansas’ secretary of state from 2011 to 2019, defeated incumbent Jeff Colyer in the 2018 gubernatorial primary. He lost to Democrat Laura Kelly in the general election 43% to 48%.
U.S. Chamber Action, affiliated with the U.S. Chamber of Commerce, spent $400,000 on an ad campaign supporting U.S. Rep. Roger Marshall in the primary. The group’s ad says Marshall, a veteran, fought for educational and economic opportunities for veterans. Marshall was first elected in 2016.
As we recently covered, Club for Growth Action suspended its ad campaign opposing Marshall. The group had planned to spend $2.1 million in the primary.
Meanwhile, Marshall released an ad criticizing Bob Hamilton, saying he hired someone in the country illegally to work for his plumbing business and put families in danger. Hamilton’s campaign said the employee in question stole an identity and Hamilton did not know he was in the country illegally.
The primary is Aug. 4. Eleven candidates are on the ballot. Incumbent Pat Roberts (R), first elected in 1996, is not seeking re-election. Three election forecasters rate the general election Lean or Likely Republican.
Club for Growth spends $550,000 supporting Hill in TN-01
Club for Growth Action spent $550,000 on an ad campaign supporting Timothy Hill for Tennessee’s 1st Congressional District. The ad says Hill would support President Donald Trump (R) on term limits for members of Congress and defend law enforcement against defunding efforts.
Hill has served in the Tennessee House of Representatives since 2012.
Sixteen candidates are running in the Aug. 6 Republican primary. Incumbent Phil Roe (R), first elected in 2008, isn’t seeking re-election. This is a safe Republican district.
Center for Responsive Politics data as of July 14 showed Club for Growth Action had spent to support or oppose 49 candidates in the 2020 election cycle. The group’s expenditures supporting Hill were their eighth-highest on any candidate and their fourth-highest in support of a candidate.
After the Club for Growth endorsed him, Hill said, “The question is not ultimately whether the First Congressional District will be Republican. … It’s will we be conservative, and that’s where those endorsements, that’s where those groups are coming in and saying, ‘hey, we think we can make a difference, Timothy has demonstrated that he’s conservative.'”
A Spry Strategies poll showed pharmacist Diana Harshbarger leading the primary field with 22% support among likely voters. Rusty Crowe, a state senator, was second with 14%, and Hill was third with 11%. Twenty-one percent of respondents said they were undecided.
The poll included nine of the 16 candidates by name and had a margin of error of +/-4 percentage points.
State executives
Seven Republican candidates for governor of Washington discuss homelessness, pandemic response, in debate
The Clark County Republican Women hosted a debate attended by seven Republican candidates for governor of Washington on July 9. The candidates discussed Washington’s response to the coronavirus pandemic as well as their proposals to address homelessness.
Fundraising leader Loren Culp, the chief of police for the town of Republic, criticized incumbent Jay Inslee (D) for ordering businesses to close and residents to remain in their homes during the pandemic. Culp said Inslee’s order was unconstitutional and that he should have focused on making sure the public was aware of the risks associated with the pandemic instead. Culp said he would offer homeless individuals accused of substance abuse a choice between treatment or prison.
Tim Eyman, an activist and the sponsor of 17 measures that have appeared on Washington’s statewide ballot in the past 22 years, said the issues of homelessness and the coronavirus pandemic were related. Eyman said while homelessness was a problem before the pandemic began, Inslee’s orders shutting down businesses and government services had made the situation worse.
State Sen. Phil Fortunato, the only current elected officeholder among the Republican gubernatorial candidates, said Inslee’s response to the coronavirus had frozen most sectors of the state’s economy. Fortunato said Washington did not have a clear and consistent standard for determining which businesses were essential. He said Washington’s homeless population had grown because cases where homeless individuals were accused of committing a crime were not being prosecuted.
Businessman Joshua Freed, the former Mayor of Bothell, said he had successfully sued the Inslee administration over regulations prohibiting religious gatherings during the pandemic. Freed proposed the state launch a public/private partnership to give homeless addicts the option of undergoing a one-year treatment program or going to jail.
Raul Garcia, a physician, said he was concerned by what he described as a need to control the people on behalf of the state government during the pandemic. Garcia compared the feeling to growing up in his native Cuba under Fidel Castro. He said the best option for reducing Washington’s homeless population would be to create a program offering the homeless addiction treatment and job training.
Businessman Anton Sakharov said Washington should have been better prepared for the coronavirus pandemic. He said all businesses should have been allowed to remain open. Sakharov said he would seek to reduce Washington’s homeless population by 90% within three years of taking office and proposed a partnership between state, city, and county governments to meet that goal.
Businessman Martin Wheeler criticized the economic shutdown Gov. Inslee ordered, saying it had had a particularly strong effect on rural areas. Wheeler said expanding law enforcement’s power to combat drug trafficking while expanding training for mental health professionals would be the most effective way to reduce rates of homelessness.
The seven are among the 36 gubernatorial candidates who will appear on the Aug. 4 top-two primary ballot. The top two finishers, regardless of partisan affiliation, will advance to the November general election. Sakharov will appear on the ballot as a member of the Trump Republican Party while the other six are running as members of the Republican Party. In all, there are 11 Republican Party candidates, three Trump Republican Party candidates, and one Pre-2016 Republican Party candidate among the 36.
Erin Stewart launches PAC to change the direction of the Connecticut GOP, sparking questions about a 2022 gubernatorial run
Fourth-term New Britain Mayor Erin Stewart (R) announced on July 7 she would launch a political action committee supporting what she described as moderate Republican candidates in this year’s state elections. Stewart’s said the PAC is part of an effort to change the ideological direction of the state GOP. It has fuelled speculation among political observers that she is planning a run for governor in 2022.
Stewart’s new effort is a relaunch of STEWPAC, the political action committee supporting her mayoral campaigns. Stewart said the new STEWPAC’s mission would be to promote Republican state legislative candidates who share her policy priorities. In an interview with the Hartford Courant, Stewart said the GOP should emphasize its stances on the role of government and fiscal policy: “We have to elevate our voices even louder to say ‘Here’s why you should vote for Republican ideology — less government, pro-business, not necessarily the things spewing from President Trump.”
Stewart has served as mayor of New Britain, Connecticut’s eighth-largest city, since 2013. She won the 2019 mayoral election 61% to 37%. In the 2016 presidential election, Hillary Clinton (D) defeated Donald Trump in New Britain 69%-27%. Stewart says her brand of politics is the key to the Connecticut GOP’s future success: “I know if the Republican Party wants to survive in this state, they need to change the narrative — they need to start listening to people like me.”
Some political observers have suggested Stewart’s move could foreshadow a run for governor in 2022. Stewart ran for governor briefly in 2018 before switching to the lieutenant gubernatorial primary, where she lost to state Sen. Joe Markley (R) 48% to 33%.
Legislatures
*The number of incumbents who did seek re-election is provided for the 41 states whose 2020 filing deadlines have already passed. The number of incumbents defeated in primaries is provided for the 24 states that have already held state legislative primaries in 2020.
Satellite spending opposing incumbent senator in Missouri’s Senate District 23
The Republican primary in Missouri’s Senate District 23 has seen an influx of satellite spending from the Missouri-based political committee Voters for Good Government with mailers opposing incumbent Sen. Bill Eigel (R-23) and supporting one of his primary opponents, attorney Eric Wulff (R). A third candidate, Dan O’Connell (R), is also running in the primary. Earlier this month, the group received a $390,000 donation from the national political committee Americans for Limited Government, a portion of which has been spent in District 23.
Typical of the mailers are images of Eigel with text saying the incumbent supports “de-funding law enforcement … funding Planned Parenthood … [and] raising taxes.”
Eigel is a co-founder of the legislature’s six-member Conservative Caucus, which, according to the St. Louis Post-Dispatch’s Jack Suntrup, “routinely needles GOP leadership and others, pushing an agenda that supports charter schools and opposes income taxes and corporate incentives.” He received endorsements from Gov. Mike Parsons (R), the Missouri Right to Life, and the National Rifle Association.
In response to the mailers, Eigel asked, “Why would Eric Wulff be funded by $390,000 in secret money to lie about me?” He added, “They’re mad that I work for the people, not the establishment.”
William Hardin, treasurer of Voters for Good Government, said, “The word was out there that I wanted to do something in that race and a contribution came.” He said the decision was not based on Eigel’s Conservative Caucus membership, adding that he made a $2,500 contribution to one of the caucus’ members, Sen. Eric Burlison (R-20). Hardin added that the entire $390,000 donation will not be spent in District 23.
Wulff is an attorney and a municipal judge in St. Charles. He previously served on the Orchard Farm School Board. Regarding the mailers, Wulf said Voters for Good Government seemed “very sympathetic to me … They like me a whole lot more than Bill Eigel.” Wulff supports increased funding for public schools and incentives for a local GM plant, positions he described as counter to Eigel’s.
Fiona McFarland receives endorsement from Sarasota County Commissioner in Florida’s House District 72 primary
On July 10, Sarasota County Commissioner Charles Hines (R) endorsed Fiona McFarland (R) in Florida’s House District 72. McFarland faces Donna Barcomb and Jason Miller in the three-way Republican primary. The incumbent, Rep. Margaret Good (D-72), is not seeking re-election.
McFarland is a U.S. Navy reservist and consultant with McKinsey and Company. In his endorsement of her campaign, Hines said, “[McFarland’s] military service to our country combined with her fresh outlook and energy … are characteristics we need right now in government.”
Barcomb is a member of the Sarasota County Charter Review Board, a countywide elected position, and the owner of an outpatient physical therapy clinic. She previously served on the Sarasota Hospital Board. Barcomb received an endorsement from County Commissioner and former state Sen. Nancy Detert (R).
Miller is a U.S. Army reservist and an assistant attorney general with the criminal appeals division of the Florida Attorney General’s office. He previously served as assistant state attorney in the area. Miller received endorsements from fellow assistant attorneys general, Jeffrey Seigal and Clifford Chapman.
As of June 26, McFarland led the field with $175,199 cash on hand followed by Barcomb with $70,952 and Miller with $2,941.
According to Florida Politics’ Jacob Ogles, “District 72 is among a handful of House seats where voters in 2016 favored Donald Trump over Hillary Clinton but are held by Democrats.” The winner of the primary will face attorney Drake Buckman (D) in the general election.
Joseph Orgeron wins special election for Louisiana House District 54 outright
On July 11, voters in Louisiana’s House District 54 cast their ballots in a special primary to fill the remainder of the late Rep. Reggie Bagala’s (R) term. Joseph Orgeron (R) won the election outright after receiving 55 percent of the vote in the six-way primary, more than the 50 percent needed to avoid a later general election.
Orgeron received endorsements from the Republican parties in Jefferson and Lafourche Parish, both of which make up a bulk of District 54. The special election was open to members of any party, but only Republican challengers filed.
Power players
“Concerned Women for America is the nation’s largest public policy women’s organization with a rich 40-year history of helping our members across the country bring Biblical principles into all levels of public policy.” – Concerned Women for America
Founded in 1979, Concerned Women for America says its mission is to “protect and promote Biblical values among all citizens – first through prayer, then education, and finally by influencing our society – thereby reversing the decline in moral values in our nation.” The group defines its core issues as follows: sanctity of life, defense of family, education, religious liberty, national sovereignty, sexual exploitation, and support for Israel. To view a list of the organization’s concerns and goals related to these issues, click here.
The Concerned Women for America Legislative Action Committee (CWALAC) endorsed the following candidates in 2020, whom it says meet “qualifications required for leadership with regards to CWALAC’s seven core issues:”
U.S. Senate: Cynthia Lummis (Wyoming) and Daniel Gade (Virginia)
U.S. House: Kathaleen Wall (TX-22), Beth Parlato (NY-27), Amy Phan West (CA-47), Darrell Issa (CA-50), and Tina Ramirez (VA-07).
Biden announces $2 trillion green infrastructure and jobs plan
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| July 15, 2020: Joe Biden announced his $2 trillion green infrastructure and jobs plan during an event in Wilmington, Delaware. Election strategist Steve Kramer said Kanye West was no longer running for president.
“Like Texas, Georgia has become increasingly competitive. But Republican presidential nominees have won a majority of the statewide vote in each of the past five presidential contests, and Democrats must prove they can carry the state in a neutral presidential year, not just do well when an unpopular Republican president is in the White House. The same goes for Texas. Are we seeing a fundamental shift in the state because of new voters and new allegiances? Or will Texas return to its Republican moorings if former Vice President Joe Biden wins the presidency, national Democrats move to the left, and more traditional Republicans once again define the party nationally and in the state? The burden is on the Democrats to prove Texas has become a swing state. For now, all we can say is that Texas is competitive. We won’t know whether it has become a swing state until we look back on its subsequent electoral behavior. My guess is that it will take at least a few more years.” – Stuart Rothenberg, Roll Call Election Updates
What We’re Reading
Flashback: July 15, 2016 Hillary Clinton met with three potential running mates: Julián Castro, John Hickenlooper, and Elizabeth Warren. |
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