The next 24 hours

What is changing in the next 24 hours?

• Arkansas (Republican trifecta): Gov. Asa Hutchinson (R) announced he will lift the state’s mask requirement March 31. The mandate first took effect July 20, 2020.

• Indiana (Republican trifecta): All residents 16 and older will be eligible to receive a coronavirus vaccine March 31.

• New Hampshire (Republican trifecta): Residents 30 and older will be eligible for vaccination starting March 31. Previously, residents 40 and older were eligible since March 25.

• North Carolina (divided government): The rest of Group 4 will be eligible to receive a coronavirus vaccine on March 31. Group 4 includes a range of essential workers, some of whom were eligible March 17.

• South Carolina (Republican trifecta): All residents 16 and older will be eligible to receive a coronavirus vaccine starting March 31.

Since our last edition

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

• Colorado (Democratic trifecta): Gov. Jared Polis (D) announced all residents 16 and older will be eligible for vaccination starting April 2. All residents 50 and older have been eligible since March 19.

• Delaware (Democratic trifecta): Gov. John Carney (D) announced the limit on outdoor gatherings will expand from 50 to 150 people effective April 1. Outdoor gatherings larger than 150 people require approval from the Division of Public Health. Indoor gatherings are still limited to 25 people or 50% occupancy (whichever is less).

• Florida (Republican trifecta): On Monday, March 29, Gov. Ron DeSantis (R) signed a bill that gives businesses, governments, and healthcare providers limited liability protection against COVID-19 lawsuits. The law is retroactive to the beginning of the pandemic and requires plaintiffs to show that an organization purposely ignored COVID-19 guidelines.    

• Maryland (divided government): Residents 16 and older with medical conditions are eligible for vaccination starting March 30.

• Missouri (Republican trifecta): Gov. Mike Parson (R) extended the state’s coronavirus emergency order through Aug. 31.

• New Jersey (Democratic trifecta): Gov. Phil Murphy (D) announced the general outdoor gathering limit will expand from 50 to 200 people starting April 2. Large venues (like sports stadiums and concert halls) with seating capacity 2,500 or greater will also be able to operate at 20% capacity indoors or 30% outdoors. Previously, only large venues capable of seating 5,000 or more people could operate at 10% capacity indoors or 15% outdoors. Indoor gatherings are still limited to 25 people.

• New York (Democratic trifecta): 
  • On March 29, Gov. Andrew Cuomo (D) announced all residents age 30 and older are eligible for vaccination starting March 30. Cuomo also said residents 16 and older will be eligible for vaccination starting April 6. Previously, people 50 and older were eligible.
  • On March 26, Cuomo announced the launch of Excelsior Pass, an app that provides digital proof of vaccination or a negative coronavirus test. The app is optional for individuals and businesses that require such proof to allow people to enter (like wedding reception, concert, or sports venues). Individuals can download the app now, and businesses will be able to start using it to verify vaccinations and negative tests starting April 2. Individuals can still provide other documents as proof of vaccination.

• Nevada (Democratic trifecta): Effective March 30, full-contact and close-contact sports organizations, clubs, associations, and leagues can resume practices and competitions if they implement a Preparedness and Safety Plan. Full-contact sports organizers must also implement a COVID-19 testing and mitigation plan.

• Wisconsin (divided government): On Monday, March 29, Gov. Tony Evers (D) vetoed SB 183, a bill that would have given the legislature more control over the distribution of federal COVID-19 relief funds. Evers vetoed a similar proposal in February. 

Vaccine eligibility

Note: This section may not reflect the most recent stories in today’s The next 24 hours and Since our last edition sections above. This section details eligibility for different age groups in each state. 

We last looked at vaccine eligibility in our March 25 newsletter. As of March 29, at least one county in each state allowed vaccinations for the following age groups:

• Ages 16+: 18 states
• Ages 18+: Four states
• Ages 30+: One state
• Ages 40+ or 45+: Four states 
• Ages 50+ or 55+: Eight states
• Ages 60+ or 65+: 15 states and Washington, D.C.

For more details on vaccine distribution, including the eligibility of grocery store workers, food service employees, and people with underlying conditions, click here.

In some states, vaccine eligibility can vary by county. The data above details the loosest restrictions in each state. For example, if one county in a state allows vaccines for anyone 55 or older, the state is marked as 55+, even if every other county limits vaccinations to people 65 or older. To see what states allow eligibility for groups in specific counties, check out the New York Times article here.

Lawsuits about state actions and policies

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

Overview:

• To date, Ballotpedia has tracked 1,741 lawsuits in 50 states dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 512 of those lawsuits. 
  • Since March 23, we have added 10 lawsuits to our database. We have also tracked an additional two court orders and/or settlements. 

Details:

• A.A. v. Newsom: On March 17, a San Diego County judge temporarily blocked the enforcement of various school reopening provisions across California after a group of public school parents filed suit. Under the state’s school reopening plan, middle and high schools located in purple counties (i.e., counties with between seven and 10 COVID-19 cases per 100,000 residents) were prohibited from reopening. The plaintiffs challenged the plan’s requirement that reopened schools maintain at least four feet between students in classrooms. The plaintiffs argued these provisions violated California’s constitutional and statutory guarantees of quality education, education equality, separation of powers, and due process. In her order, San Diego County Superior Court Judge Cynthia A. Freeland said the state’s school reopening plan is “selective in its applicability, vague in its terms, and arbitrary in its prescriptions.” California Health and Human Services Agency representative Rodger Butler said that the state would “continue to lead with science and health as we review this order and assess our legal options with a focus on the health and safety of California’s children and schools.” Scott Davidson, an attorney for the plaintiffs, said the ruling was “a huge validation of our position that remote learning is a failure, that education is a constitutional right and that these kids have been denied their right to an education with remote learning.” Another hearing on the reopening plan is scheduled for March 30.

State mask requirements

We last looked at face coverings in the March 23 edition of the newsletter. Since then, no new states have adopted a statewide public mask mandate or let a face-covering requirement expire.

Diagnosed or quarantined politicians identified by Ballotpedia

Read more: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020

• Federal
  • Three federal officials have died of COVID-19.
  • Sixty-four members of Congress have been diagnosed with COVID-19.
  • Forty-one federal officials have quarantined after possible exposure to COVID-19.
• State
  • Ten state-level incumbents or candidates have died of COVID-19.
  • Two hundred twenty-four state-level incumbents or candidates have been diagnosed with COVID-19.
  • Eighty-four state-level incumbents or candidates have quarantined after possible exposure to COVID-19.
• Local
  • At least five local incumbents or candidates have died of COVID-19.
  • At least 42 local incumbents or candidates have been diagnosed with COVID-19.
  • At least 26 local incumbents or candidates have quarantined after possible exposure to COVID-19.

Since March 23, two state representatives have tested positive for COVID-19. One governor self-quarantined and tested negative. 

Details:

• On March 23, New York state Rep. Carl Heastie (D) announced he tested positive for COVID-19. 
• On March 29, Pennsylvania state Rep. Brian Smith (R) announced he tested positive for COVID-19. 
• On March 29, Georgia Gov. Brian Kemp’s (R) office announced he had entered a self-quarantine after being exposed over the weekend to someone who tested positive for COVID-19. Kemp tested negative March 29. 

COVID-19 policy changes: Tuesday, March 31, 2020

The first case of COVID-19 in the U.S. was confirmed on Jan. 21, 2020. But it wasn’t until March when the novel coronavirus upended life for most Americans. Throughout March and April, many states issued stay-at-home orders, closed schools, restricted travel, and changed election dates. Many of those policies remain in place today. Over the course of this week, we’ll look back at some of the defining policy responses to the coronavirus pandemic.

Here’s what happened this time last year. To see a list of all policy changes in each category, click the links below.

Tuesday, March 31, 2020:

• Stay-at-home orders:
  • Executive Order 22 took effect in Tennessee. The order directed individuals to stay home except for essential activities and closed nonessential businesses. Gov. Bill Lee (R) issued the order March 30.
  • Executive Order 2020-18 took effect in Arizona. The order directed individuals to stay home except for essential activities and closed nonessential businesses. Gov. Doug Ducey (R) issued the order March 30.

• Travel restrictions: 
  • West Virginia Gov. Jim Justice (R) issued an executive order requiring all non-residents traveling to West Virginia from areas with substantial community spread to self-quarantine for two weeks. The order instructed West Virginia State Police to monitor roadways for such possible travelers.

• School closures:
  • Illinois Gov. J.B. Pritzker (D) extended the statewide school closure from April 7 to April 30.
  • Texas Gov. Greg Abbott (R) extended the statewide school closure from April 3 to May 4.

• Election changes:
  • Iowa Secretary of State Paul Pate (R) announced his office would send absentee ballot applications to all active registered voters in the state before the June 2, 2020, primary election.

South Dakota governor signs bill barring public agencies from collecting or releasing nonprofit donor information   

On March 21, the South Dakota Gov. Kristi Noem (R) SB103 into law, barring public agencies from requiring individuals or groups to disclose identifying information about a nonprofit’s donors. 

South Dakota is the first – and to date only – state that has enacted donor disclosure legislation in 2021. It is one of seven states that have passed laws explicitly barring public entities from collecting or releasing information about a nonprofit’s donors (the others are Arizona, Louisiana, Mississippi, Oklahoma, Utah, and West Virginia)

What the bill does

SB103 prohibits any public agency (including state and municipal government units and courts) from:

• Requiring a tax-exempt nonprofit to provide a public agency with “personal affiliation information,” defined as “any list, record, register, registry, roll, roster, or other compilation of any kind that directly or indirectly identifies a natural person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit corporation.” 
• Publicly disclosing any such information a public agency may already possess. 
• Requiring a current or prospective contractor to provide a public agency with a list of the nonprofits “to which it has provided financial or nonfinancial support.” 

The legislation does not bar public agencies from furnishing personal information about a nonprofit’s donors, supporters, etc., for:

• Campaign finance reporting requirements.
• A lawful warrant for personal affiliation information.
• A lawful request for discovery of personal affiliation information in litigation, if the requestor “demonstrates a compelling need” for the information and “obtains a protective order barring disclosure” of information to anyone not named in the litigation.
• A sales or use tax audit of a nonprofit by the Department of Revenue.
• An audit, examination, or investigation of a nonprofit corporation conducted under state law.

Other states considering similar legislation: Arkansas (SB535), Iowa (HF309, HSB28, and SSB1036), Nebraska (LB370), and Tennessee (HB0159 and SB1608). All four states are Republican trifectas. The map below shows these states in light green. States shaded in dark green have enacted laws to this effect.

Legislative history   

Sens. Casey Crabtree and James Bolin and Reps. Kirk Chaffee, Tim Goodwin, and Tim Reed – all Republicans – introduced SB103 on Jan. 26. The state Senate approved the bill on Feb. 17, sending it to the South Dakota House of Representatives. On March 3, the House approved an amended version of the bill 55-13, with 55 Republicans voting in favor and eight Democrats and five Republicans voting against it. The Senate unanimously agreed to the amendments on March 8. Noem signed SB103 into law on March 21.

Political context: South Dakota is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature. South Dakota has been a Republican trifecta since 1995.

Other relevant legislation in South Dakota

HB1079, signed into law on March 3, prohibits any executive branch entity (e.g., the governor, the secretary of state, etc.) from requiring “any annual filing or reporting of a nonprofit corporation or charitable trust that is more stringent, restrictive, or expansive than that required by state or federal law.” It does not apply to information required “to determine eligibility for or compliance with a state grant or contract.” The bill also exempts information required for, or obtained during, a state fraud investigation or enforcement action.

Support and opposition

Support

• Mark Miller, an attorney for Noem, said the following in support of HB1079: “What is this bill about? It’s really about the American way of life. … It’s also meant to return us to the traditional role of anonymity in support for certain causes that one believes in.” 
• Dale Bartscher, executive director of South Dakota Right to Life, wrote in an op-ed for the Rapid City Journal: “With the passage of this legislation the privacy of South Dakota citizens would be protected, and information about the causes we support – whether it’s a church, local food bank, or social issue organization such as South Dakota Right to Life.  This legislation would assure that our protected private information – would be kept away from the prying eyes of government officials, the media, and activists who want to target us for our beliefs.”

Opposition

• Rep. Ryan Cwach (D), who voted against both SB103 and HB1079, said, “We expect accountability and we expect transparency from our government, and so the idea that we want to try and keep how people are influencing our government anonymous goes against the whole bedrock of our society.”
• Michael Beckel, research director of Issue One, said, “State agencies seeking to investigate politically active dark money groups would have less information available about such groups if there is no reporting of these groups’ donors to the state. Without being able to see the money flowing into these groups, it could be harder for investigators to connect the dots or to see the networks of wealthy individuals and special interests pumping cash into these groups.”

What we’re reading

• Fox News, “Democrats’ elections bill raises major free speech concerns, experts warn,” March 26, 2021
• Tax Notes, “Supreme Court Urged to Sustain California Donor Disclosure Decision,” March 26, 2021
• Bloomberg Law, “Challenge to California Donor Disclosure Law Unfounded, AG Says,” March 25, 2021

The big picture

Number of relevant bills by state: We’re currently tracking 36 pieces of legislation dealing with donor disclosure. 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

For complete information on all of the bills we are tracking, click here. 

• Illinois HB3735: This bill would require a political committee to include a list of the committee’s top contributors (i.e., those who give $50,000 or more) on specified advertisements and communications.
  • Democratic sponsorship.
  • Re-referred to the House Rules Committee on March 27.
• Iowa HF309: This bill would prohibit a public agency from disclosing identifying information about a nonprofit’s donors.
  • Sponsorship not specified.
  • Senate Judiciary Committee reported favorably on March 24.
• Maine LD1284: This bill would repeal a law requiring communications financed by independent expenditures include a statement listing the top three funders of the entity making the independent expenditure. It would also specify that only party committees and political action committees, and not individuals, are required to file reports of independent expenditures aggregating in excess of $250 during any one candidate’s election.
  • Republican sponsorship.
  • Introduced and referred to the Veterans and Legal Affairs Committee on March 25.
• Tennessee SB1608: This bill would prohibit a public agency from disclosing identifying information about a nonprofit’s donors.
  • Republican sponsorship.
  • Senate State and Local Government Committee hearing scheduled for March 30.

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

March 30, 2021: President Joe Biden (D) announced his first 11 judicial nominees on Tuesday for federal circuit and district court seats and the Superior Court for the District of Columbia

Every weekday, Ballotpedia is tracking key presidential appointments, executive actions, and policy developments from the Biden administration.

• There are no committee hearings scheduled Monday. The Senate stands adjourned until April 12 for a full session.

News

• Biden announced his first 11 judicial nominees on Monday. The White House said in a statement, “This group also includes groundbreaking nominees, including three African American women chosen for Circuit Court vacancies, as well as candidates who, if confirmed, would be the first Muslim American federal judge in U.S. history, the first AAPI woman to ever serve on the U.S. District Court for the District of D.C., and the first woman of color to ever serve as a federal judge for the District of Maryland.”

• The 11 judicial nominees are listed below:
  • Ketanji Brown Jackson for the U.S. Court of Appeals for the District of Columbia Circuit to fill the seat left vacant by Merrick Garland
  • Tiffany Cunningham for the U.S. Court of Appeals for the Federal Circuit
  • Candace Jackson-Akiwumi for the U.S. Court of Appeals for the Seventh Circuit
  • Deborah Boardman for the U.S. District Court for the District of Maryland
  • Lydia Griggsby for the U.S. District Court for the District of Maryland
  • Julien Neals for the U.S. District Court for the District of New Jersey
  • Florence Pan for the U.S. District Court for the District of Columbia
  • Zahid Quraishi for the U.S. District Court for the District of New Jersey
  • Regina Rodriguez for the U.S. District Court for the District of Colorado
  • Margaret Strickland for the U.S. District Court for the District of New Mexico
  • Rupa Ranga Puttagunta for the Superior Court of the District of Columbia

• Biden called on governors and mayors to reinstate mask mandates. He also said 90% of American adults would be eligible for a coronavirus vaccine by April 19. For more information about state level mask requirements, click here.

• Biden issued two notices marking the continuation of national emergencies with respect to South Sudan and malicious cyber activity.

Transition in Context: Judicial Nominations During First Year in Office

The president of the United States nominates judges to the Supreme Court, courts of appeals, and district courts. While there are no specific requirements for nominees, the Senate must confirm them to serve.

President Ronald Reagan (R) made the most appointments through his first year in office with 41. President Barack Obama (D) made the fewest with 13.

The following chart shows the number of appointments each president, between 1981 and 2021, made in his first year in office and cumulatively through his fourth year.

What We’re Reading

• CNN: Schumer eyes using budget tool twice to pass Biden’s 2-part infrastructure plan
• The New York Times: Biden’s Lesson From Past Green Stimulus Failures: Go Even Bigger
• RealClearPolitics: Addressing Migrant Surge May Be Harris’ Crucible

Every week, Ballotpedia is tracking key presidential appointments, executive actions, and policy developments from the Biden administration.

• The Senate confirmed Boston Mayor Marty Walsh as secretary of labor on Monday by a vote of 68-29. All 29 votes against his nomination came from Republicans. Kim Janey, a member of the Boston City Council, became the acting mayor of Boston.

• The Senate confirmed Shalanda Young as the deputy director of the Office of Management and Budget on Tuesday by a vote of 63-37.

• The Senate also confirmed Vivek Murthy as U.S. surgeon general on Tuesday by a vote of 57-43. 

• The Senate Committee on Foreign Relations held a confirmation hearing for Samantha Power for administrator of the United States Agency for International Development on Tuesday.

• The Senate Committee on Environment and Public Works held a meeting on Wednesday to consider the nominations of Brenda Mallory to be a member of the Council on Environmental Quality and Janet McCabe to be deputy administrator of the Environmental Protection Agency.

• The Senate Committee on Homeland Security and Governmental Affairs is holding a confirmation hearing for Deanne Criswell to be the administrator of the Federal Emergency Management Agency.

Executive Actions

• Biden issued a proclamation on Tuesday to honor the victims of the March 22 Boulder mass shooting. Biden also called on Congress to “ban assault weapons and high-capacity magazines in this country once again.”

Other News

• Biden nominated Lina Khan, an associated professor at Columbia Law School focused on antitrust law, to lead the Federal Trade Commission on Monday. 

• Biden is expected to appoint Jeffrey Feltman, a former senior United Nations official, as the special envoy for the Horn of Africa. The newly created position would focus on the armed conflict in Ethiopia.

• The Biden administration named career foreign service officer Ricardo Zúñiga as the special envoy for the Northern Triangle countries: Guatemala, Honduras, and El Salvador. The State Department said, “He also will hold our partners accountable for their commitments to address root causes of migration and the increase in arrivals of unaccompanied children at the U.S. southern border.” 

• The Washington Post reported that Asian American advocacy groups have coalesced around Nani Coloretti as a potential nominee for director of the Office of Management and Budget (OMB). Shalanda Young, the newly confirmed deputy director of the OMB, is considered the frontrunner for the position. Ann O’Leary withdrew from consideration on Monday.

• The Biden administration announced on Tuesday that it was extending the special enrollment period deadline for the federal health insurance marketplace from May 15 to August 15.

• Sens. Tammy Duckworth (D-Ill.) and Mazie Hirono (D-Hawaii) said on Tuesday they would withhold support for any future Biden nominees until Biden had more Asian American representation in his administration. They reversed this position after the White House announced it was adding a senior-level Asian American Pacific Islander liaison.

• Thirteen states, led by Louisiana, filed a lawsuit against Biden on Wednesday challenging a Jan. 27 executive order, which paused new oil and natural gas leases on public lands. Louisiana Attorney General Jeff Landry (R) called it an abuse of presidential power. Wyoming separately filed a lawsuit on the same issue on Wednesday.

• Biden announced on Wednesday that Vice President Kamala Harris (D) would oversee the White House’s efforts to address an increase in migrants at the southern border on Wednesday. Her assignment includes working with Mexico and the Northern Triangle countries on the root issues of migration.

• Biden participated in a European Council meeting virtually on Thursday, marking the first time a president has addressed an EU summit since 2009.

• Biden held his first news conference on Thursday, where he discussed voting rights legislation, economic recovery, immigration and the filibuster. He said he intended to run for reelection in 2024 with Harris. He also doubled his vaccination goal from 100 million to 200 million doses administered in his first 100 days in office.

• Biden is expected to announce the details of his infrastructure bill in Pittsburgh on Mar. 31. Reuters reported the bill could cost up to $4 trillion. 

• Biden is holding his first political fundraiser as president for the reelection campaign of Atlanta Mayor Keisha Lance Bottoms (D) on Friday. Bottoms had been offered a position in Biden’s Cabinet but declined.

Transition in Context: Executive Orders

The following table compares the number of executive orders issued by each of the four most recent presidents during his first two months in office. 

Biden issued more executive orders during this time period than his three predecessors. He issued 32 executive orders in his first month and five in his second.

President Donald Trump (R) issued the most executive orders per year on average: 55.

Transition in Context: What are special envoys?

Special envoys are agents appointed as the personal representative of the president or the secretary of state. They are often appointed in response to congressional or public attention to a particular region or issue.

President George Washington made the first such temporary diplomatic appointment in 1789, naming a private agent focused on normalizing diplomatic relations with Britain.

Special envoys can operate outside of the typical reach of an ambassador to address complex, multilateral issues. Critics of special envoys say they undercut the State Department.

Since they are responsive to the needs of each administration, there is no set number of special envoys. Biden, for example, created a new position when he appointed former Secretary of State John Kerry as the special presidential envoy for climate.

Transition in Context: Pace of Confirmations

The following chart compares the pace of Senate confirmations for the main Cabinet members—the 15 agency heads in the presidential line of succession—following the inaugurations of Presidents Barack Obama (D), Donald Trump (R), and Joe Biden (D). It does not include Cabinet-rank officials that vary by administration.

Nine weeks after their respective inaugurations, Biden had all 15 of these secretaries confirmed. Obama had 14. One of these Obama Cabinet members—Secretary of Defense Robert Gates—was held over from the Bush administration.

Trump had 13 confirmed. His secretaries of agriculture and labor had not yet been confirmed.

Transition in Context

Here’s what Democratic and Republican leaders have said about gun ownership laws.

• “I’m not trying to perfectly equate these two, but we have a lot of drunk drivers in America that kill a lot of people. We ought to combat that too. But I think what a lot of people on my side are saying is we ought not to get rid of all the sober drivers.” – Sen. John Kennedy (R-La.)

• “If a measure [extending background checks] that has 90 percent to 95 percent public support can’t pass the Senate just because of our rules — not because it doesn’t get the majority of support in the Senate — then something’s really wrong here. Democracy dies when things that have the majority of support in Congress, the support of the president and 90 percent public support can’t become a law.” – Sen. Chris Murphy (D-Conn.)

• “Every time there’s a shooting, we play this ridiculous theater, where this committee gets together and proposes a bunch of laws that would do nothing to stop these murders. … When you disarm law-abiding citizens, you make them more likely to be victims.” – Sen. Ted Cruz (R-Texas)

• “Compromise is hard when Republican colleagues give speeches about how all these proposals are just trying to take away guns, seize your firearm from law-abiding citizens, which in fact, none of these proposals would do. So it sort of indicates that we have to overcome a gap that is created by the personal or political divide, not substantive disagreement.” – Sen. Richard Blumenthal (D-Conn.)

What We’re Reading

• FiveThirtyEight: Why Democrats In Congress Need Biden’s Approval Rating To Stay In The Mid-50s
• Forbes: Biden’s Anti-Death Penalty Test: Supreme Court Considers Boston Marathon Bomber Case
• NBC News: It’s not Joe Biden’s Senate anymore
• The New York Times: Biden’s Recovery Plan Bets Big on Clean Energy
• The Wall Street Journal: Down the Biden Tax Threshold