Hello again, gentle readers! What an action-packed week we have on our hands: it’s election week, the second week of SCOTUS’ November sitting, and we have a fresh set of monthly data on the federal judiciary to unpack. Let’s mop our brows and gavel in, shall we?
If you haven’t yet seen, we’re keeping our readers up to date with special coverage and reporting of the 2022 midterm elections this week. Keep an eye on your inbox for exclusive analysis and results reporting up and down the ballot. You can also visit Ballotpedia for election results and ongoing analysis.
We #SCOTUS and you can, too!
Grants
Since our previous issue, SCOTUS has accepted three new cases to its merits docket.
On Nov. 4, the court granted review in the following cases:
Amgen Inc. v. Sanofi originates from the U.S. Court of Appeals for the Federal Circuit and concerns federal patent applications.
originate from the U.S. Court of Appeals for the 9th Circuit and concern a water rights dispute over the Colorado River.
To date, the court has agreed to hear 39 cases during its 2022-2023 term.
Arguments
The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.
Nov. 7
Axon Enterprise, Inc. v. Federal Trade Commission concerns whether federal courts can hear constitutional challenges to the Federal Trade Commission’s (FTC) structure. Axon, a body camera company, acquired a competitor. The FTC ordered Axon to undo the acquisition on antitrust grounds. Axon sued the FTC for violating its right to due process, alleging the acquisition did not violate antitrust law and that the removal protections for the FTC’s administrative law judges are unconstitutional.
Mallory v. Norfolk Southern Railway Co. concerns the 14th Amendment’s due process clause and whether a state can require a corporation to agree to personal jurisdiction in order to do business in that state. Personal jurisdiction refers to a court’s authority to issue rulings over the parties in a case. The parties must have minimum contact with the court’s forum—the state—in order for the court to exercise this authority.
The court’s December argument sitting begins on Nov. 28. The court will hear arguments in nine cases.
Nine cases have not yet been added to the argument calendar.
Opinions
SCOTUS has not issued any opinions since our previous edition.
The Federal Vacancy Count
The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period.
The Nov. 1 report covers nominations, confirmations, and vacancies from Oct. 2 through Nov. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.
Highlights
Vacancies: There were two new judicial vacancies. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.
Nominations: There was one new nomination.
Confirmations: There were no new confirmations.
Vacancy count for Nov. 1, 2022
A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.
*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.
New vacancies
Two judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.
The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Nov. 1.
The president has announced 142 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.
New confirmations
The U.S. Senate has confirmed no new nominees since our previous edition.
As of Nov. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.
Comparison of Article III judicial appointments over time by president (1981-Present)
Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.
Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.
Or, keep an eye on this list for updates on federal judicial nominations.
Looking ahead
We’ll be back on Nov. 28 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out!
Contributions
Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.
Here’s what’s in store for you as you start your day:
Our top analyses and resources for Election Day
Both of New Hampshire’s U.S. House elections are rated as toss ups
Our top analyses and resources for Election Day
Welcome to election week! Tomorrow, on Nov. 8, millions of voters will be heading to the polls. Over the last month, our coverage has focused on battleground races, ballot measure previews, and analyses of what’s at stake for federal, state, and local politics. We’ll be in your inbox all week bringing you resources to help you vote – and then follow the election results throughout the coming days ahead.
So, let’s run through our most important articles and resources for Election Day.
Our Election Help Desk is ready to answer your most pressing questions about tomorrow’s elections. Are you curious why states have different election rules or whether you can take a ballot selfie? Are you wondering when states can begin counting absentee/mail-in ballots and what rules govern recounts? You’ll find answers to those questions and a lot more at the Election Help Desk, which features 30 articles covering six broad categories of questions.
This page is our hub for reporting the results of elections up and down the ballot. You’ll find election updates, battleground election results, an overview of race ratings, and more. Bookmark this page for tomorrow evening, when results start trickling in. We’ll be working late into the morning reporting results.
This is another hub page you’ll want to bookmark. With thousands of elections taking place across the country, we’ll have plenty of analysis articles on outcomes at the federal, state, and local levels. Here’s a sampling of the analysis articles on that hub page:
This is our list of top races to watch. It includes congressional and state executive elections (including for governor), and elections for state supreme court judgeships, state legislatures, and mayors.
Voters in 37 states will decide on 132 statewide ballot measures that address topics like abortion, marijuana, voting policies, firearms, sports betting, and state constitutional rights. This is our list of the top 15 measures to watch.
The national conversation about Election Day tends to overlook state legislative elections in favor of high-profile congressional and gubernatorial races. Our recent report on state legislative competitiveness found a decade-high level of competition in the 6,278 state legislative elections taking place this year. Click here to read about the 28 state legislative chambers that we’ve identified as battlegrounds. Also, last week’s episode of On the Ballot, our weekly podcast, breaks down the state legislative races to watch with CNalysis founder and director Chaz Nuttycombe. Download it wherever you get your podcasts!
If state legislative elections tend to get overlooked in busy election years, then that’s even more true about the elections for state financial officers. These officials—treasurers, auditors, and comptrollers—play an important role in things like auditing other government offices, managing payroll, and overseeing pensions. You can learn all about the elections for state financial officers in your state at the link above.
Happy voting, and we look forward to bringing you results and analysis throughout the week.
Both of New Hampshire’s U.S. House elections are rated as toss ups
Way back on Aug. 29, before the leaves changed colors and before we swapped iced coffee for hot coffee, we ran the first story in our 50 states in 50 days series. Today, on Election Day eve, we’re bringing you the final installment—New Hampshire, the Granite State! Happy voting!
At the federal level, New Hampshire voters will elect one U.S. Senator and two U.S. Representatives.
At the state level, the offices of governor and state executive council are up for election.
All 24 seats in the state Senate and all 400 seats in the state House of Representatives are up for election.
None of the U.S. House districts up for election are open. Of the 424 state legislative districts up for election, 126 are open.
Redistricting highlights
New Hampshire was apportioned two seats in the U.S. House of Representatives after the 2020 census, the same number it was apportioned after the 2010 census.
Congressional and state legislative elections will take place under new district lines following the census. Our side-by-side map comparison tool allows you to immediately see what redistricting looks like in your state. Here are the congressional maps in effect before and after the 2020 redistricting cycle in New Hampshire:
To use our tool to view New Hampshire’s state legislative maps in effect before and after the 2020 redistricting cycle, visit our New Hampshire redistricting page.
Partisan balance
Both of New Hampshire’s U.S. Senators–Maggie Hassan and Jeanne Shaheen–are Democrats.
Democrats represent both of the state’s U.S. House districts.
Republicans hold a 13-11 majority in the state Senate and a 202-198 majority in the state Assembly. The governor–Chris Sununu–is a Republican.
As a result, New Hampshire is one of 13 states under divided trifecta control and one of nine states under divided triplex control.
Seats contested by only one major party
In 2022, 59 state legislative seats in New Hampshire, or 13.9% of all seats up for election, do not have major party competition. When a candidate from only one of either the Democratic or Republican parties runs for a state legislative seat, that party is all but guaranteed to win.
Democrats are running in 96% of all state legislative races. 17 state legislative seats (4% of all state legislative seats) lack a Democratic candidate and a Republican is likely to win.
Republicans are running in 90.1% of all state legislative races. 42 seats (9.9% of all state legislative seats) lack a Republican candidate and a Democrat is likely to win.
Key races
U.S. Senate election in New Hampshire, 2022: Incumbent Maggie Hassan (D), Don Bolduc (R), and Jeremy Kauffman (L) are running. Hassan took office in 2017. Election forecasting sites rate this election Lean Democratic or Tilt Democratic, and recent polls show Hassan and Bolduc competing within the margin of error.
New Hampshire voters will decide two statewide ballot measures on Nov. 8:
New Hampshire Constitutional Convention Question (2022): The New Hampshire Constitutional Convention Question is on the ballot as an automatic ballot referral. A “yes” vote supports holding a state constitutional convention. A “no” vote opposes it.
New Hampshire Abolish Office of Register of Probate Amendment (2022): The New Hampshire Abolish Office of Register of Probate Amendment is a legislatively referred constitutional amendment. A “yes” vote supports eliminating the register of probate offices and references to it within the New Hampshire Constitution. A “no” vote opposes such a change.
A total of 21 ballot measures appeared on statewide ballots between 1985 and 2020. Of that number, seven ballot measures were approved, and 14 were defeated.
Voting
On Election Day, polling place hours of operation can vary. However, New Hampshire polling places must be open between 11:00 a.m. and 7:00 p.m. ET, according to state law.
New Hampshire requires voters to present photo identification at the polls in most cases. For more information about voter ID requirements in New Hampshire, click here.
New Hampshire does not permit early voting.
The voting registration deadline in New Hampshire is Election Day, November 8, 2022. Registration can be done in person or by mail.
New Hampshire voters can only vote absentee by mail if they meet certain requirements. To learn more about these requirements, click here. The deadline to request an absentee ballot is Nov. 7. Ballots can be returned in person or by mail. Ballots must be received by Nov. 8 at 7:00 p.m.
Five states to decide in November on legalizing recreational marijuana
In November, five states will decide on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota will consider citizen initiatives to legalize marijuana. These four states are Republican trifectas. In Maryland, which has a divided government, the legislature voted to put the issue before voters.
28 state legislative chambers we’ll be watching next week
Ballotpedia has identified 28 of the 88 state legislative chambers up for election in November as battlegrounds. The individual elections for these chambers could affect partisan control, create supermajorities, or end them.
Republicans control 19 of the 28 battleground chambers. Democrats control eight. The final chamber, the Alaska House of Representatives, has a numerical Republican majority, but a multiparty coalition runs the chamber.
What you need to know about this year’s state financial officer elections
In 2022, either directly or indirectly, voters will decide who controls 68 of the 105 state financial officerships nationwide.
Broadly, these officials are responsible for things like auditing other government offices, managing payroll, and overseeing pensions. In some states, certain SFOs are also responsible for investing state retirement and trust funds, meaning they get to decide where that public money goes.
The way in which voters will affect the control of these offices varies by state, with some being directly elected and others being appointed.
President Joe Biden’s approval rating rises to 44% in October, highest since 2021
Recent approval polling averages show President Joe Biden (D) at 44% approval, the highest rating he’s received since 2021. Fifty-four percent of voters disapprove of his performance.
Biden last had a 44% approval rating on December 22, 2021. The lowest approval rating he’s received is 38% on July 27, 2022. The highest approval rating Biden has received is 55% on May 26, 2021.
Here is our weekly round-up on election-related legislation. In it, you’ll find the following information:
Recent activity: Here, we report on the number of bills acted on within the past week.
The big picture: Here, we look at the bills in the aggregate.
Legislative status: How many bills have been introduced, voted upon, or enacted into law?
Concentration of activity: What states have seen the highest concentration of legislative activity?
Partisan affiliation of sponsorship: How many bills have been sponsored by Democrats vs. Republicans?
Subject: What subjects are most commonly addressed in the bills?
Recent activity
Since October 28, no bills have been acted on in any way (representing a 100 percent decrease as compared to last week’s total of 3 bills).
The bar chart below compares recent activity on a week-to-week basis over the last eight weeks.
The big picture
To date, we have tracked 2,524 election-related bills. These bills were either introduced this year or crossed over from last year’s legislative sessions.
Legislative status
The pie charts below visualize the legislative status of the bills we are tracking. The following status indicators are used:
Introduced: The bill has been pre-filed, introduced, or referred to committee but has not otherwise been acted upon.
Advanced from committee: The bill has received a favorable vote in committee. It has either advanced to another committee or to the floor for a vote.
Passed one chamber: The bill has been approved by one legislative chamber.
Conference committee: Differing versions of the bill have been approved by their respective chambers and a conference committee has been appointed to reconcile the differences.
Passed both chambers: The bill has cleared both chambers of the legislature.
Enacted: The bill has been enacted into law, by gubernatorial action or inaction or veto override.
Vetoed: The bill has been vetoed.
Dead: The bill has been defeated in committee or by floor vote.
The pie charts below visualize the legislative status of bills in Democratic and Republican trifectas, respectively.
Concentration of activity
The map below visualizes the concentration of legislative activity across the nation. A darker shade of yellow indicates a higher number of relevant bills that have been introduced. A lighter shade of yellow indicates a lower number of relevant bills.
Partisan affiliation of sponsor(s)
The pie chart below visualizes the partisan affiliation of bill sponsors.
The bar chart below visualizes the correlation between the partisan affiliation of bill sponsors and trifecta status (e.g., how many Democratic-sponsored bills were introduced in Democratic trifectas vs. Republican trifectas).
Bills by topic
The chart below presents information on the total number of bills dealing with particular topics. The number listed on the blue portion of each bar indicates the number of Democratic-sponsored bills dealing with the subject in question. The number listed on the red portion of the bar indicates the number of Republican-sponsored bills. The purple and gray portions of the bar indicate the number of bipartisan-sponsored bills and bills with unspecified sponsorship, respectively. Note that the numbers listed here will not, when summed, equal the total number of bills because some bills deal with multiple topics.
Here’s what’s in store for you as you start your day:
What you need to know about this year’s state financial officer elections
All major party candidates in 45 battleground races completed Ballotpedia’s Candidate Connection survey
Connecticut voters to consider allowing in-person early voting
Chaz Nuttycombe, founder and director of CNalysis, joins the On the Ballot podcast to discuss forecasting the upcoming midterms and the state legislative elections to watch next week. Check out the episode here or wherever you get your podcasts!
What you need to know about this year’s state financial officer elections
Across the country, voters are gearing up to decide the control of the U.S. Senate, U.S. House, and state governments nationwide.
Beyond the usual high-profile races, let’s take a look at another set of important offices: state financial officers (SFOs).
In 2022, either directly or indirectly, voters will decide who controls 68 of the 105 state financial officerships nationwide (65%).
Different states have different names for these officials, but they all fall into three groups: treasurers, auditors, and controllers.
Broadly, these officials are responsible for things like auditing other government offices, managing payroll, and overseeing pensions.
In some states, certain SFOs are also responsible for investing state retirement and trust funds, meaning they get to decide where that public money goes.
In these states, one issue that comes into play is environmental, social, and corporate governance (ESG). This is an investment approach where, before investing in a corporation, an investor considers the extent to which that corporation conforms to certain “environmental, social, and corporate” standards.
For example, an SFO might avoid investing in a fossil fuel company if they are concerned about climate change. Or they might make investment decisions based on whether a fund shares or promotes a particular social standard.
Voters will decide control of 32 SFOs responsible for investing either trust funds, retirement funds, or both. Democrats currently control 16 of these offices, Republicans control 15, and the partisan affiliation of one could not be determined.
Regarding all offices that could be affected this year—not just those with investment responsibilities—Democrats and Republicans both currently hold 33, and two positions are marked as other because they were bipartisan appointees.
Most SFOs are officially nonpartisan, but we can use the party of the appointing authority to estimate the appointed SFOs’ affiliations.
The way in which voters will affect the control of these offices varies by state, with some being directly elected and others being appointed. These SFOs fall into four categories:
Direct elections: voters will directly elect 50 SFOs this year. Fourteen are on the ballot in 2024.
Appointees with expiring terms: nine SFOs’ terms are set to expire in 2023 or 2024, with decision-making power for the next term falling to the governors and legislators elected on Nov. 8.
Contingent appointees: nine SFOs don’t have a term length, but instead serve at the pleasure of elected officials who are on the ballot this year. If an elected official loses or the office switches party control, their predecessor will get to decide whether to keep those SFOs or appoint new ones.
Other: four SFOs’ terms are contingent upon either a non-elected appointee or a multi-member board.
We will be following these races closely on Election Day and will share those results with you right here in the Brew after the votes come in. You can also use the link below to follow our coverage of the results.
All major party candidates in 45 battleground races completed Ballotpedia’s Candidate Connection survey
We’ve talked a lot about full houses this election cycle—races where every candidate has completed our Candidate Connection survey—but let’s look at some of the marquee races where all major party candidates have replied.
There are 45 battleground races nationwide where all major party candidates have completed the Candidate Connection survey.
These survey responses allow voters to hear directly from candidates about their key messages and what motivates them to run.
These 45 races represent 20% of the 225 federal, state executive, and state legislative elections where all major party candidates have completed our survey. Here’s a look at some of the highlights:
At the federal level, all major party candidates in Michigan’s 3rd and Pennsylvania’s 17th Congressional Districts have completed our survey. Click the links to view candidates’ responses.
Michigan’s 3rd: Hillary Scholten (D) faces John Gibbs (R), who defeated incumbent U.S. Rep. Peter Meijer (R) in the Republican primary on Aug. 2. Three election forecasters rate this contest as Lean Democratic.
Pennsylvania’s 17th: Christopher Deluzio (D) and Jeremy Shaffer (R) are running in an open race. U.S. Rep. Conor Lamb (D) did not run for re-election and instead sought the Democratic U.S. Senate nomination. Three election forecasters rate this race as Toss-up.
We’ve received responses from all major party candidates in the following battleground state executive races:
Arizona Attorney General: Kris Mayes (D) and Abraham Hamadeh (R) are running in an open race. Incumbent Mark Brnovich (R) is term-limited. Arizona has had a Republican attorney general since 2011.
California Controller: Malia Cohen (D) and Lanhee Chen (R) are running in an open race. Incumbent Betty Yee (D) is term-limited. California has had a Democratic controller since 1975.
Iowa Secretary of State: Incumbent Paul Pate (R) faces Joel Miller (D). Pate was first elected in 2014, and was re-elected in 2018 with 53% of the vote.
Both candidates running for seat 5 on the North Carolina Supreme Court also completed the survey:
The remaining 39 battleground races with full major party completion are taking place at the state legislative level. You can find those responses here.
Use the link below to learn more about Ballotpedia’s Candidate Connection survey, taken by over 5,000 candidates nationwide so far.
Connecticut voters will elect one U.S. Senator and five U.S. Representatives.
Six state executive offices are also up for election: governor, lieutenant governor, attorney general, secretary of state, treasurer, and comptroller.
All 187 state legislative seats—36 in the Senate and 151 in the House—are on the ballot.
Connecticut has fusion voting, meaning candidates can run with multiple party affiliations. On the ballot, candidates are listed separately for each party whose label they are running under.
Redistricting highlights
The number of U.S. House districts in Connecticut remained the same at five following the 2020 census.
Congressional and state legislative elections will take place under new district lines following the census. Our side-by-side map comparison tool allows you to compare each district. Here’s an example of what Connecticut’s congressional map looked like before and after the 2020 census:
You can interact with our map comparison tools by visiting our Connecticut redistricting page here.
Partisan balance
Both of Connecticut’s U.S. Senators—Richard Blumenthal and Chris Murphy—are Democrats.
Democrats represent all five of the state’s U.S. House districts.
Connecticut has had a Democratic governor since 2011.
Democrats hold a 23-13 majority in the Senate and a 97-54 majority in the House.
With a Democratic governor and majorities in both legislative chambers, Connecticut is one of 14 Democratic trifectas, a status it has held since 2011.
In addition to the governor, Connecticut has a Democratic attorney general and secretary of state, making it one of 18 Democratic triplexes.
Seats contested by one major party
This year, 42 state legislative seats in Connecticut, or 23% of those up for election, do not have major party competition. When a candidate from only one of either major party runs for a state legislative seat, that party is all but guaranteed to win.
Democrats are running for 174 seats (93%). Thirteen seats (75) do not feature a Democratic candidate, meaning Republicans will likely win.
Republicans are running for 158 seats (84%). Twenty-nine seats (16%) do not feature a Republican candidate, meaning Democrats will likely win.
Key races
Governor: incumbent Ned Lamont (D) faces Bob Stefanowski (R) and Robert Hotaling (I), setting up, along with Georgia, one of the country’s two gubernatorial rematches. In 2018, Lamont defeated Stefanowski, 49% to 46%. Two election forecasters rate the election as Solid Democratic and one rates it as Likely Democratic.
U.S. House District 5: incumbent Jahana Hayes (D) faces George Logan (R). The 5th District’s borders were largely unchanged during redistricting, with President Joe Biden (D) defeating former President Donald Trump (R) under both pre- and post-redistricting lines 55% to 44%. Two election forecasters rate the election as Lean Democratic and one rates it as a Toss-up.
Ballot measures
One ballot measure is on the ballot this year:
Question 1would amend the constitution, authorizing the Legislature to pass laws allowing for in-person early voting. Currently, Connecticut is one of four states that does not allow in-person early voting in some form. In 2014, voters defeated an amendment 52% to 48% that would have allowed early voting and removed restrictions on absentee voting. The 2022 amendment does not involve absentee voting.
Between 1985 and 2018, 13 measures appeared on statewide ballots. Voters approved 10 (77%) and defeated three (23%).
Voting
Polls are open from 6 a.m. to 8 p.m. on Election Day.
Connecticut requires photo identification when voting. For more information, click here.
Connecticut does not allow early voting.
Certain voters are allowed to vote absentee/by-mail. The deadline to submit a completed ballot in person is Nov. 7. Election officials must receive ballots submitted by mail no later than the time polls close on Nov. 8.
The voter registration deadline passed on Nov. 1. Connecticut also allows same-day registration if voting in person on Election Day. Check the status of your registration here.
Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!
Here’s what’s in store for you as you start your day:
Five states to decide in November on legalizing recreational marijuana
Bass, Caruso face off in Los Angeles mayoral election
In Delaware, 58% of all state legislative seats up for election lack major party competition
Five states to decide on legalizing recreational marijuana
We’re down to the wire, with only a few days to go before Election Day. Over the last few weeks, we’ve brought you stories about the statewide ballot measures voters will decide on Nov. 8. For our final story on this topic, let’s look at where voters will decide on marijuana legalization. Be sure to bookmark our election hub page so that, on Election Day and throughout next week, you can see results for all 132 measures on the ballot.
Let’s jump in.
In November, five states will decide on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota will consider citizen initiatives to legalize marijuana. These four states are Republican trifectas. In Maryland, which has a divided government, the legislature voted to put the issue before voters.
Here’s a summary of those measures:
Arkansas Issue 4: Amends the constitution to legalize the possession and use of up to one ounce of marijuana for people 21 and older, enacts a 10% tax on marijuana sales, and requires the state Alcoholic Beverage Control Division to develop rules to regulate marijuana businesses.
Maryland Question 4: Amends the constitution to legalize marijuana for people 21 and older beginning in July 2023 and directs the Maryland legislature to pass laws for the use, distribution, regulation, and taxation of marijuana.
Missouri Amendment 3: Amends the constitution tolegalize marijuana for people 21 and older , allows individuals convicted of non-violent marijuana-related offenses to petition to be released from incarceration and/or have their records expunged, and enacts a 6% tax on the sale of marijuana.
North Dakota Statutory Measure 2: Amends state law to legalize the use and possession of up to one ounce of marijuana for people 21 and older, allows individuals to grow up to three marijuana plants, and requires the Department of Health and Human Services to establish rules regulating marijuana by Oct. 1, 2023
South Dakota Initiated Measure 27: Amends state law to legalize marijuana for persons who are 21 years old and allows adults topossess one ounce or less of marijuana
Marijuana is legal in 19 states and D.C. Eleven of those states and D.C. legalized marijuana through the ballot initiative process. One state, New Jersey, passed a legislatively referred measure.
In 12 states where marijuana is currently prohibited, the initiative process could be used to legalize recreational or medical marijuana. In addition to the four states deciding marijuana initiatives in 2022, Oklahoma will vote on marijuana legalization in 2023. Marijuana legalization initiatives targeting the 2023 and 2024 ballots have also been filed in Ohio, Wyoming, Florida, and Nebraska and could be filed in Idaho, Mississippi, Nebraska, and Utah.
Bass, Caruso face off in Los Angeles mayoral election
Let’s turn to the most closely watched mayoral race on Nov. 8—in Los Angeles, California.
Karen Bass and Rick Caruso are running in the nonpartisan general election for mayor of Los Angeles on Nov. 8. The candidates advanced from the June 7 primary election since neither received 50% of the vote, a threshold necessary to win outright. Incumbent Mayor Eric Garcetti is term-limited.
Bass was first elected to the California Assembly in 2004 and served until 2010, including a term as speaker from 2008 to 2010.. Bass was elected to the U.S. House of Representatives in 2010 and currently represents California’s 37th Congressional District. In a campaign ad, Bass said, “I’m running for mayor to meet today’s challenges: crime, homelessness, and the soaring cost of housing.”
Caruso is the founder and chief executive officer of a retail complex development company. He has also served on Los Angeles’ Department of Water and Power Commission, as the president of Los Angeles’ Police Commission, and on the USC Board of Trustees. In a campaign ad, Caruso said, “I’m running for mayor because the city we love is in a state of emergency: rampant homelessness, people living in fear for their safety, and politicians at city hall just in it for themselves.”
Though the election is officially nonpartisan, both candidates are registered Democrats. Caruso said he changed his party registration from no party preference to Democrat in January 2022. Bass has held elected office as a Democrat since 2005.
Among others, President Joe Biden (D), Speaker of the U.S. House Nancy Pelosi (D-Calif.), and Los Angeles Councilmember Bob Blumenfield have endorsed Bass. Among others, former Los Angeles Mayor Richard Riordan, Los Angeles Councilmember Joe Buscaino, and former Chief of the Los Angeles Police Department Charlie Beck have endorsed Caruso.
The New York Times‘ Jennifer Medina wrote that the race “has focused on voters’ worries about public safety and homelessness in the nation’s second-largest city” and could “become a test of whether voters this year favor an experienced politician who has spent nearly two decades in government or an outsider running on his business credentials.”
This is the first even-year election for Los Angeles mayor since the 2015 passage of Charter Amendment 1, which shifted city elections to even-numbered years beginning in 2020. The city uses a strong mayor and city council system. In this form of municipal government, the city council serves as the city’s primary legislative body and the mayor serves as the city’s chief executive.
The mayors of 62 of the country’s 100 largest cities were affiliated with the Democratic Party. Republicans held 26 mayoral offices, independents held four, and seven mayors were nonpartisan. One mayor’s partisan affiliation was unknown. Los Angeles has a Democratic mayor.
Click below to read more about the Los Angeles mayoral election.
At the federal level, Delaware voters will elect one member to the U.S. House Representatives.
Three state executive offices are on the ballot this year: attorney general, treasurer, and auditor.
All 41 seats in the state House of Representatives and all 21 seats in the state Senate are up for election. Seven incumbents did not run for re-election in seven seats.
Redistricting highlights
After the 2020 census, Delaware’s number of congressional districts remained the same at one, making it one of six states that elects a single at-large representative.
State legislative elections will take place under new district lines following the census. Our side-by-side map comparison tool allows you to immediately see what redistricting looks like in your state. Here are the state senate maps in effect before and after the 2020 redistricting cycle in Delaware:
To use our tool to view Delaware’s state legislative maps in effect before and after the 2020 redistricting cycle, visit our Delaware redistricting page.
Partisan balance
Both of Delaware’s U.S. Senators—Chris Coons and Tom Carper—are Democrats.
Rep. Lisa Blunt Rochester, a Democrat, has represented Delaware’s At-Large Congressional District since 2017.
Democrats hold a 26-15 majority in the state House and a 14-7 majority in the state Senate. Because the governor is a Democrat, Delaware is one of 14 states with a Democratic state government trifecta. It has held this status since 2009.
Along with the governor, Delaware’s secretary of state and attorney general are also Democrats, making the state one of 18 Democratic triplexes among those offices.
Seats contested by only one major party
In 2022, 36 state legislative seats in Delaware, or 58% of all seats up for election, do not have major party competition. When a candidate from only one of either the Democratic or Republican parties runs for a state legislative seat, that party is all but guaranteed to win the seat.
Democrats are running in 74% of all state legislative races. Sixteen state legislative seats (26% of all state legislative seats) do not feature a Democratic candidate and a Republican is likely to win.
Republicans are running in 68% of all state legislative races. Twenty state legislative seats (32% of all state legislative seats) do not feature a Republican and a Democrat is likely to win.
Delaware requires voters to present non-photo identification while voting. To read more about Delaware’s ID requirements, click here.
Early voting is available from Oct. 28 to Nov. 6.
The voting registration deadline in Delaware was Oct. 15. Voters could have registered online, by mail, or in person. Mail registration forms are valid as long as they are postmarked Oct. 15 or earlier. Delaware does not allow Election Day registration.
Delaware places some limits on who may vote absentee. To read more about the requirements to vote absentee in Delaware, click here.
The deadline for requesting a mail-in ballot in person, by mail, or online is Nov. 4. Mail-in ballots must be returned in person or by mail by Nov. 8.
Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!
Welcome to Hall Pass, a newsletter written to keep you plugged into the conversations driving school board politics and governance.
A note to readers: Election Day is next week, and we’ll be taking a break from our regularly scheduled Hall Pass programming to keep you abreast of the latest election results and analysis up and down the ballot. This newsletter will return to your inboxes on Nov. 16. Subscribe to Ballotpedia’s Daily Brew for election results next week. Or bookmark this article for election results, updates, and analysis.
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In today’s edition, you’ll find:
On the issues: The debate over community schools
School board filing deadlines, election results, and recall certifications
School board general election previews: Maryland, North Carolina, and Kentucky
Extracurricular: education news from around the web
Candidate Connection survey
On the issues: The debate over community schools
In this section, we curate reporting, analysis, and commentary on the issues school board members deliberate when they set out to offer the best education possible in their district.
The Biden Administration’s 2023 budget proposal included a plan to spend $468 million on the Full-Service Community Schools program. In 2022, the administration spent $68 million on the program. During the Obama and Trump administrations, the federal government spent between $5 million and $17 million on the program annually. The spending increases have been a topic of debate in recent years.
Full-service community schools offer many types of services to students, such as health care, mental health counseling, nutrition assistance, and programs that involve students in their communities.
Stanley Kurtz writes that community schools promote critical race theory and leftist political activism. He also says they are an attempt by progressives to block conservative efforts to promote school choice.
Raymond Pierce writes that community schools are good public investments that help promote what he calls “education equity.” He says students can only reach their peak potential when their physical, mental, and emotional needs are met, and that community schools meet those needs in poorer school districts.
“Few Americans know what community schools are. When first explained, the idea may even sound harmless. In reality, unfortunately, more community schools will mean a whole lot more critical race theory — not to mention more school-sponsored leftist political activism. … Progressives hope to convert as many low-performing public schools as possible into community schools. They see this as a way to block conservative attempts to create alternatives to poorly performing public schools via charters, choice, and competition for enrollment based on a school’s academic performance as measured by tests. Unions especially love community schools because they prevent teachers at low-performing public schools from experiencing consequences for meager academic results. Conservatives, on the other hand, are suspicious of community schools precisely because they de-emphasize academics in favor of social services. At their worst, as we’ll see below, community schools substitute progressive political indoctrination for academics. Teachers give up on excellence, and progressives get an army of student converts to boot.”
“While they may appear new to some, community schools have been a part of the American education system for more than 100 years. Almost since their inception, they have been a central strategy in establishing education equity. As we approach a post-COVID reset of our public education system, community schools must be one of the models we expand. They serve not only as hubs for high-quality education, but also places that support communities. They meet local community needs and help to ensure that the whole child is addressed in education by providing what are known as “wrap-around services,” such as health care, afterschool tutoring, school meals, and more. … Many people may not understand why a school should also function as a health center. The answer is not complicated – a student is better able to receive a high-quality education and the opportunities that go with it, if they are ready and able to learn. That means having enough to eat, a safe place to live, and a healthy body and mind. … Clearly, this is an approach that requires significant resources, but studies show that community schools are a good investment and an effective school improvement strategy.”
School board update: filing deadlines, election results, and recall certifications
Ballotpedia has historically covered school board elections in about 500 of the country’s largest districts. We’re gradually expanding the number we cover with our eye on the more than 13,000 districts with elected school boards.
We’re covering over 500 school board elections in 23 states on Nov. 8. We’re also covering over 500 conflict races, some of which fall outside our normal scope, where a candidate has taken a stance on race in education/critical race theory, responses to the coronavirus pandemic, and/or sex and gender in schools.
Over the last few weeks, we’ve previewed school board battleground elections in Texas, Florida, and California—the country’s three biggest states. For our last election preview edition, we’re spotlighting a handful of races that have gotten comparatively little national attention.
Maryland
Frederick County Public Schools: Four out of the district’s seven at-large seats are up for election. Seven candidates are running in the elections, including Karen Yoho, an incumbent. The seven candidates have divided themselves into two slates—the Students First Slate and the Education Not Indoctrination (ENI) slate. The Students First Slate, which includes Yoho, Ysela Bravo, Rae Gallagher, and Dean Rose, says it is committed to “Safe, welcoming schools for all,” a “Diverse, well-trained staff,” and “Family & community involvement.” The ENI slate, which includes Olivia Angolia, Nancy Allen, and Cindy Rose, says it is running to “ensure that feelings don’t define truth, that academically-sound curricula are adopted, that decision-making is transparent, and that parents are respected.” The Frederick County Teachers Association (FCTA) has endorsed the Students First slate, while the 1776 Project PAC has endorsed the ENI.
As of the 2020-2021 school year, Frederick County Public Schools had 43,828 students, 2,693 teachers, and 68 schools.
North Carolina
Charlotte-Mecklenburg Schools: Six nonpartisan seats on the nine-member board are up for election. The seats were originally scheduled to be on the ballot on Nov. 2, 2021, but were moved to 2022 due to redistricting delays. Eighteeen candidates are running for the six seats. Incumbents are running four of the races—Rhonda Cheek (District 1), Thelma Byers-Bailey (District 2), Carol Sawyer (District 4), and Sean Strain (District 6).
In District 1, Cheek is running against Melissa Easley, Hamani Fisher, Bill Fountain, and Ro Lawsin. Easley and Fountain completed Ballotpedia’s Candidate Connection survey. Cheek, who assumed office in 2009, is a registered Republican who has said “I’ve been very nonpartisan in my service to the school board because kids don’t need politicians, they need people who care.”
The Mecklenburg County Republican Party endorsed Lawsin. Lawsin said, “The lack of transparency and open communication by the current board members to the community is dismal and borders on dismissive when parents are pleading for answers and solutions to the many problems plaguing CMS.” The Charlotte-Mecklenburg Association of Educators (CMAE), the county’s largest teacher organization, endorsed both Cheek and Easley, a registered Democrat. The African American Caucus also endorsed Easely.
In her survey response, Easley said, “The three areas that I am personally passionate about our culture in CMS, school safety and student achievement.”
The Black Political Caucus endorsed Fisher, a Democrat. Fisher said, “as a board member, I’m looking for three C’s, I’m looking for character, the character, the next superintendent, that superintendent needs to have the character that is going to reflect the educational values of our community. That’s why they elect us as a board because they want us to represent their educational values.”
Fountain, who is unaffiliated with a political party, said, “The eight women on this board have forced in woke, disturbing, disrupting agents like the pornographic books, gender identification, that I think is spinning the moral compass of our students from wrong to right.”
In District 4, incumbent Sawyer, a Democrat, is running against Clara Kennedy Witherspoon and Stephanie Sneed, both Democrats. Sawyer was first elected in 2017, defeating Sneed 47.4% to 30.98%. Sneed also ran unsuccessfully for an at-large seat in 2019, and chaired the Black Political Caucus before resigning to run this cycle.
Low-performing schools in the district have been an issue in the race. Sawyer said voters should choose her over her opponents because “I understand how policy can change outcomes. I shepherded creation of a new Equity Policy and a new Community Equity Committee. Establishing that committee was difficult – several board members opposed its creation, but I persisted because I was committed to having community members engaging with the board on our equity work.”
Witherspoon and Sneed completed Ballotpedia’s Candidate Connection survey.
Sneed said, if elected, she would focus “on pandemic learning losses, closing achievement gaps; broadening advanced performers opportunities; and student and family access to mental health support to ensure all students are college or career ready.” Witherspoon said, “Children and their families are our school district’s most important stakeholders. Therefore, I will be sensitive to the needs of all children and their parents, focusing on equity and equality for all schools.”
The CMAE endorsed Sawyer, while the Black Political Caucus and the African American Caucus endorsed Sneed. According to WFAE 90.7, Charlotte’s NPR station, a group called Success 4 CMS endorsed Sneed and put up a billboard that said, “Carol Sawyer Voted For Empty Classrooms.” The president of the local Mom’s for Liberty chapter, Brooke Weiss, tweeted that people should support Sneed to oust Sawyer, though Mom’s for Liberty did not formally endorse Sneed.
As of the 2020-2021 school year, Charlotte-Mecklenburg Schools had 149,845 students, 9,183 teachers, and 176 schools.
Better Schools Kentucky PAC, an arm of the Jefferson County Teachers Association (JCTA), endorsed incumbent Diane Porter (District 1), incumbent James Craig (District 2), incumbent Linda Duncan (District 5), and incumbent Corrie Shull (District 6).
If the Republican-backed candidates win, it would change the board’s partisan makeup. If the incumbents win, the balance of power on the board would be preserved. At a rally on Oct. 28, U.S. Sen. Rand Paul said voters should remove all four incumbents: “How long have the Jefferson schools been failing us? Decades. They keep electing the same people. Maybe it’s time for a new slate of people on the school board.”
As of the 2020-2021 school year, Jefferson County Public Schools had 100,348 students, 6,160 teachers, and 172 schools. It is Kentucky’s largest school district by enrollment.
Extracurricular: education news from around the web
This section contains links to recent education-related articles from around the internet. If you know of a story we should be reading, reply to this email to share it with us!
Take our Candidate Connection survey to reach voters in your district
In 22 school board elections happening on Nov. 8, every candidate on the ballot filled in Ballotpedia’s Candidate Connection survey. Today, we’re highlighting one of those races—the general election for Canyons Board of Education District 5 in Utah. Four seats are up for election.
You can read more about the races with a 100% Candidate Connection completion rate here.
Here’s how Wrigley answered the question “What areas of public policy are you personally passionate about?
”
“With our exceptional teachers and many state-of-the-art programs, we are poised to move forward into the future. We need to expand on these successes and fully implement them to meet our students’ needs. We have developed a Student Services Division that is focused on supporting our students’ emotional needs in this post-pandemic environment. We have built quality educational environments that are equipped to meet the needs of 21st Century Education.
The past two years has seen an increase in level of student behaviors and mental health issues. Our teachers and administration are stressed and need our support. Our community has become fractured. We need to provide a comprehensive student support system that will get our students back on track and support them to become life ready. We need to keep the concepts and philosophies of CRT out of our schools. We need a foundational character education program that will teach respect, resiliency, and other key emotional skills. We need to work closely with our parents, patrons, and teachers to build an environment of open communication, trust, and respect.”
Here’s how Pedersen answered the question “What areas of public policy are you personally passionate about?”
“As a recently retired educator, I have experienced the weight of the demands placed on teachers, the expectations to have all students at or above grade level, and the constant implementation of new initiatives without the time and support to accomplish them. This is one of the main of teacher stress and burnout. I will look to see what can be streamlined or eliminated from current employee workload. Less stressed teachers are better able to meet the diverse needs of our students.”
Click here to read the rest of Pedersen’s answers.
Here’s what’s in store for you as you start your day:
28 state legislative chambers we’ll be watching next week
New York voters to decide several toss-up congressional elections
President Joe Biden’s approval rating rises to 44% in October, highest since 2021
28 state legislative chambers we’ll be watching next week
There will be regularly-scheduled elections this year to select representatives for 88 of the nation’s 99 state legislative chambers. Ballotpedia has identified 28 of those chambers in 19 states as battlegrounds. The individual elections for these chambers could affect partisan control, create supermajorities, or end them.
Republicans control 19 of the 28 battleground chambers. Democrats control eight. The final chamber, the Alaska House of Representatives, has a numerical Republican majority, but a multiparty coalition runs the chamber.
In nine states—Arizona, Georgia, Maine, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, and Pennsylvania—both state legislative chambers are battlegrounds. Maine and Nevada have Democratic legislatures, while Minnesota is one of three states (alongside Alaska and Virginia) where partisan control of the legislature is split.
This year’s battlegrounds list includes five chambers where the majority controls just 51% of seats—the Maine House of Representatives, Michigan House of Representatives, Minnesota Senate, Minnesota House of Representatives, and New Hampshire House of Representatives.
Two of this year’s battleground chambers—the Nevada Assembly and Wisconsin Assembly—have not been battleground chambers at any point in the past decade.
Forty-two of the nation’s 99 state legislative chambers changed partisan control at least once between 2010 and 2021. Accounting for chambers that changed hands multiple times, there were 66 chamber flips during that time period. Forty-four of those flips left Republicans in control after the election, while 20 left Democrats in control and two left control of the chamber split.
The longest-standing majority at stake in a battleground chamber this year is Republican’s three-seat majority in the Arizona House of Representatives. A Democratic win would be the party’s first time controlling the Arizona House since 1966. The shortest-standing majorities at stake are the Republican majorities in the New Hampshire House and Senate, which Republicans took control of in 2020.
The New Hampshire House and Senate were the only two state legislative chambers where partisan control changed in 2020. This was the fewest chamber flips in any even-numbered year since 1928. That year, both chambers were on our list of battleground chambers.
In 2018, the last midterm election year, Ballotpedia identified 22 chambers as battlegrounds. That year, Democrats won control of six battleground chambers from Republicans, and the Alaska House moved from a Democratic-led minority coalition to a multi-partisan minority coalition.
And if you’re interested in more insight and analysis on this year’s state legislative elections, be sure to check out our latest edition of the On the Ballot podcast. Ballotpedia staffers Victoria Rose and Doug Kronaizl sat down with Chaz Nuttycombe of CNAlysis to talk all things state legislatures.
New York voters will decide one U.S. Senate race and 26 U.S. House races. Seven elections for the U.S. House will be open races where no incumbent is running.
Four state executive positions will be on the ballot: governor, lieutenant governor, attorney general, and comptroller.
All 63 seats of the New York State Senate and all 150 seats of the New York State Assembly are up for election this year. Twenty-five state legislative races are open.
Redistricting highlights
New York lost one congressional seat after the 2020 census, going from 27 in 2020 to 26 this year.
Congressional and state legislative elections will take place under new district lines following the census. Our side-by-side map comparison tool allows you to immediately see what redistricting looks like in your state. Here are the congressional maps in effect before and after the 2020 redistricting cycle in New York:
To use our tool to view New York’s state legislative maps in effect before and after the 2020 redistricting cycle, visit our New York redistricting page.
Partisan balance
New York’s current U.S. congressional delegation is made up of two Democratic senators, 19 Democratic U.S. House members, and 8 Republican U.S. House members.
Democrats hold majorities in both chambers of the state legislature. Democrats have a 42-20 majority in the New York Senate and a 106-42 majority in the New York Assembly.
Governor Kathy Hochul is a Democrat, meaning New York has a Democratic trifecta. New York has had a Democratic trifecta since 2019, when Democrats gained control of the state Senate.
New York has a Democratic triplex, meaning the governor, attorney general, and secretary of state are all Democrats.
Seats contested by only one major party
In 2022, 74 state legislative seats in New York, or 35% of all seats up for election, do not have major party competition. When a candidate from only one of either the Democratic or Republican parties runs for a state legislative seat, that party is all but guaranteed to win the seat.
Democrats are running in 90% of all state legislative races. Twenty-two state legislative seats (10% of all state legislative seats) do not have a Democratic candidate, meaning a Republican is likely to win.
Republicans are running in 76% of all state legislative races. Fifty-two seats (24% of all state legislative seats) do not have a Republican candidate, meaning a Democrat is likely to win.
Key races
Governor: Incumbent Kathy Hochul (D) and Lee Zeldin (R) are running. Hochul succeeded to the office after Andrew Cuomo (D) resigned last year. Cuomo was re-elected 60% to 36% in 2018.
18th Congressional District: Incumbent Pat Ryan (D) and Colin Schmitt (R) are running. Ryan took office after winning a special election for the 19th district in August, defeating Marc Molinaro (R) 51% to 49%.
19th Congressional District: Josh Riley (D) and Marc Molinaro (R) are running. Molinaro lost the August special election in this district to Pat Ryan 51% to 49%.
22nd Congressional District: Francis Conole (D) and Brandon Williams (R) are running. Incumbent Claudia Tenney (R), who represented this district before redistricting, is running in New York’s 24th instead.
3rd Congressional District: Robert Zimmerman (D) and George Devolder-Santos (R) are running. Incumbent Tom Suozzi (D) ran for governor instead of seeking re-election.
Ballot measures
New York voters will decide one statewide measure on Nov. 8.
Proposal 1 would issue $4.2 billion in general obligation bonds for projects related to the environment, natural resources, water infrastructure, and climate change mitigation.
Fifty-five ballot measures appeared on statewide ballots between 1985 and 2021. Thirty-nine ballot measures were approved, and 16 ballot measures were defeated.
Voting
On Election Day, polls are open from 6:00 a.m. to 9:00 p.m. An individual who is in line at the time polls close must be allowed to vote.
New York does not require voters to present identification while voting. However, if a voter does not provide valid identification at the time of registration, he or she must show identification at the polling place when voting for the first time.
Early voting begins on Oct. 29 and ends on Nov. 6.
The voter registration deadline was Oct. 14.
Voters can be eligible to vote absentee for the following reasons: absence from the county (or, if a resident of New York City, the city) on Election Day, temporary or permanent illness or disability (this includes concern about contracting the coronavirus), acting as the primary caregiver for an ill or disabled person, being in patient care at a Veterans Administration hospital, being incarcerated for offenses other than felonies or awaiting grand jury action.
An absentee ballot request must be received by the county board of elections by mail by Oct. 24 or can be submitted in person by the day before Election Day. Absentee ballots must be postmarked by Election Day if returned by mail or returned by the close of polls if returned in person.
Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!
President Joe Biden’s approval rating rises to 44% in October, highest since 2021
Recent approval polling averages show President Joe Biden (D) at 44% approval, the highest rating he’s received since 2021. Fifty-four percent of voters disapprove of his performance.
Biden last had a 44% approval rating on December 22, 2021. The lowest approval rating he’s received is 38% on July 27, 2022. The highest approval rating Biden has received is 55% on May 26, 2021.
Congress was at 26% approval and 63% disapproval at the end of October. The highest approval rating Congress has received during Biden’s term is 36% on July 16, 2021, and the lowest approval rating it has received is 14% on January 26, 2022.
At the end of October 2018, during the Trump administration, presidential approval was also at 44%, and congressional approval was seven points lower at 19%.
Ballotpedia’s polling index takes the average of polls conducted over the last thirty days to calculate presidential and congressional approval ratings. We average the results and show all polling results side-by-side because we believe that paints a clearer picture of public opinion than any individual poll can provide. The data is updated daily as new polling results are published.
Economy and Society is Ballotpedia’s weekly review of the developments in corporate activism; corporate political engagement; and the Environmental, Social, and Corporate Governance (ESG) trends and events that characterize the growing intersection between business and politics.
ESG Developments This Week
Election preview
Across the country, voters are gearing up to decide the control of the U.S. Senate, U.S. House, and state governments nationwide. Beyond the usual high-profile races, let’s take a look at another set of important offices: state financial officers (SFOs).
Different states have different names for these elected officials, but they all fall into three groups: treasurers, auditors, and controllers. Broadly, these officials are responsible for things like investing state funds, auditing other government offices, and overseeing pensions.
When it comes to where the money goes and who is watching it, these officeholders are typically the ones in charge, giving them an important role in state government. Like gubernatorial elections, the midterm election cycle is disproportionately weighted with a majority of the elections in four-year cycles.
In 2022, either directly or indirectly, voters will decide who controls 68 of the 105 state financial officerships nationwide (65%).
Direct elections: voters will directly elect 50 SFOs this year. For comparison, only 14 are on the ballot in 2024.
Appointees with expiring terms: nine SFOs’ terms are set to expire in 2023 or 2024, with decision-making power for the next term falling to the governors and legislators voters elect this November.
Contingent appointees: nine SFOs’ don’t have a term length, but instead serve at the pleasure of elected officials who are on the ballot this year. If an elected official loses or the office switches party control, their predecessor will get to decide whether to keep those SFOs or appoint new ones.
Other: four SFOs’ terms are contingent upon either a non-elected appointee or a multi-member board.
Among the 36 appointed SFOs, 28 are appointed by a single office or entity:
Governors appoint nine
Legislatures or joint legislative committees appoint 14;
In Oregon, the secretary of state appoints the auditor; and,
Other appointees or multi-member boards appoint four.
Additionally, offices sometimes have to work together to select SFOs:
Governors appoint, and legislatures confirm, two SFOs;
Governors appoint, and senates confirm, five; and,
In Wyoming, the governor, secretary of state, and treasurer, by majority vote, appoint the auditor, with the Senate’s confirmation.
When it comes to partisan affiliations, most appointed SFOs are officially nonpartisan, but we can use the party of the appointing authority to make an estimation. But this is not always a perfect calculation, as it is not uncommon for an appointer of one party to retain an SFO appointed by a member of a different party.
In Oregon, for example, former Secretary of State Dennis Richardson (R) appointed Kip Memmott as the state’s audit director in 2017. Memmott remained in office even after Secretary of State Shemia Fagan (D) took control in 2021.
And in Virginia, Controller David Von Moll took office in 2001, under former Gov. Jim Gilmore (R). Von Moll then remained controller throughout four Democratic administrations over the following two decades.
The 69 directly-elected officers, on the other hand, hold partisan positions, meaning candidates run with party labels on the ballot.
Altogether, heading into November, there are
42 SFOs who are Democrats or were appointed by Democrats;
56 SFOs who are Republicans or were appointed by Republicans;
Three SFOs who were appointed by a combination of Democrats and Republicans, listed as other; and,
Four SFOs who were appointed by non-elected appointees or multi-member boards, also listed as other.
Among the offices being decided this November, Democrats and Republicans both currently hold 33, and two positions are marked as other because appointment authority was split between Democrats and Republicans.
In Washington, D.C., and around the world
UK announces stricter rules for businesses’ ESG claims
The British financial regulator, the Financial Conduct Authority (FCA), announced last week that it would follow the lead of regulatory bodies in other Western nations (including the American Securities and Exchange Commission) in developing regulations related to preventing and punishing false or misleading ESG claims from businesses:
“The UK’s financial regulator made clear it will no longer tolerate vague ESG fund designations as it moves to crack down on investment managers that can’t back up their claims of targeting environmental, social and governance metrics.
Fund managers operating in the UK will face a “package of new measures, including investment product sustainability labels and restrictions on how terms like ‘ESG,’ ‘green’ or ‘sustainable’ can be used,” the Financial Conduct Authority said in a statement on Tuesday.
It’s the latest example of regulators tightening the screws around ESG investing, which after years of unfettered growth now accounts for roughly a third of global assets. A more aggressive regulatory environment has already led asset managers to scale back their ESG ambitions, with an analysis by Jefferies showing that reclassifications to package regular funds as more sustainable products plunged 84% over the past year.
“Already today, greenwashing may be eroding trust in the market for sustainable investment products,” the FCA said. “If consumers can’t trust the claims firms make about their products, they will shy away from this market, slowing the flow of much-needed capital to investments that can genuinely drive positive change.”
The watchdog expects the bulk of the proposed rules will come into effect in mid-2024 at the earliest.
Regulators in the EU, US, UK and Japan are stepping up oversight of ESG funds amid growing concerns that asset managers keen to sell products are promising more than they can deliver. Fund clients have been calling for better guardrails on the ESG industry, with an analysis by PwC showing that 71% of institutional investors want stronger ESG regulations. The hope is that extra rules “can act as an important lever to build trust and decrease the risk of mislabeling,” according to PwC….
The FCA proposed three fund labels: “Sustainable Focus,” which invests mainly in assets that achieve a high standard of sustainability; “Sustainable Improvers,” which would invest in assets that may not be sustainable now with an aim to improve them; and “Sustainable Impact,” which targets solutions to social and environmental challenges.”
UK’s Advertising Standards Authority orders a stop on ESG advertising from HSBC
The UK’s Advertising Standards Authority (ASA) ordered HSBC – the largest bank in Europe – to stop a poster advertising campaign that depicted the bank as environmentally friendly. The regulator said the posters violated environmental advertising rules because they omitted information about the bank’s investments in businesses and industries that generated high levels of carbon emissions:
“HSBC Holdings Plc has been reprimanded by a UK watchdog for violating environmental advertising rules, after it sought to depict itself as a green bank in a set of posters.
In the latest sign that regulators are growing increasingly intolerant of all manifestations of greenwashing, the Advertising Standards Authority said it has ordered HSBC to ensure the posters “not appear again in the form complained of,” according to a statement published Wednesday.
HSBC breached the so-called CAP Code, which relates to non-broadcast advertising and direct and promotional marketing, the ASA said. The bank was told to make sure that “future marketing communications featuring environmental claims were adequately qualified and didn’t omit material information about its contribution to carbon dioxide and greenhouse-gas emissions,” the watchdog said….
HSBC’s advertisements drew complaints from environmental groups, which said they misled consumers. The two posters in question, which were used by HSBC ahead of last year’s COP26 climate summit, stated that the bank plans to “provide up to $1 trillion in financing and investment globally to help our clients transition to net zero,” and that it’s “helping to plant two million trees, which will lock in 1.25 million tons of carbon over their lifetime.”…
HSBC has helped arrange about $111 billion of financing for fossil-fuel companies since the Paris climate accord was struck in late 2015. More than half of that was in the form of loans to oil, gas and coal clients, according to data compiled by Bloomberg.
The ASA said that, “despite the initiatives highlighted in the ads,” HSBC was “continuing to significantly finance investments in businesses and industries that emitted notable levels of carbon dioxide and other greenhouse gasses,” which consumers might not realize based on the information in the posters.
“We concluded that the ads omitted material information and were therefore misleading,” the ASA said.”
In Washington, D.C.
Chairman of the Senate Intelligence Committee says ESG-favored companies often ignore environmental and social abuses in China
Two weeks ago, U.S. Senator Mark Warner (D), the chairman of the Senate Intelligence Committee, argued that some companies only talk about their ESG credentials in American and Western settings. In his bookThe Dictatorship of Woke Capital, market analyst Stephen Soukup argued that one of the primary problems with ESG-favored companies, in his view, was their disparate treatment of environmental and social issues in Western nations on the one hand and the People’s Republic of China on the other. Warner said companies like Apple and Tesla often ignore environmental and social abuses in countries like China:
“Senate Intelligence Committee Chairman Mark Warner said he’s “disappointed” that companies such as Apple Inc. and Tesla Inc. tout their ESG bona fides but neglect glaring environmental or human rights issues when relying on China for supply chains and sales.
Multinationals may highlight their commitment to Environmental, Social and Governance goals but also reason that “the Chinese markets, it’s so big, we’ve got to turn a blind eye” to abuses, Warner said in an interview with Bloomberg in New York. “Whether it’s oppression of the people in Hong Kong or whether it’s the Uyghurs or whether it’s using electrical power coming out of Xinjiang to build the batteries that go in your Tesla.”
China has been accused of widespread human rights abuses against mostly Muslim Uyghurs in the far west region of Xinjiang,
Warner said he’s “disappointed with our friends at Apple” and has been “really frustrated with not just American companies, but other multinationals.”
Spokespeople for Apple and Tesla didn’t immediately return emails seeking comment on Tuesday. Sales in China accounted for roughly a quarter of Tesla’s automotive revenue in the third quarter. Apple are 99% made in China, according to Bloomberg Industries, and about a fifth of its revenue comes from China….
Warner predicted additional legislative action on the issue, including on synthetic biology, advanced energy, quantum computing and other emerging technologies.
Warner also critiqued some environmentalists for measuring the impact of electric cars based only on when the vehicle is used as opposed to “how the car got got to your driveway in the first place.””
On Wall Street and in the private sector
73% of large American companies consider ESG data in determining executive compensation according to a new report
A new report out this week says that 73% of all large American companies consider ESG metrics to varying degrees in determining executive compensation levels:
“Large US companies are increasingly linking executive compensation to some form of ESG performance, with the share growing from 66 percent in 2020 to 73 percent in 2021. At the same time, just a minority of polled corporate executives say including ESG (environmental, social, and governance) performance goals in executive pay is very important in achieving their ESG goals. Most view such measures as being of medium importance, which indicates that incorporating ESG measures into compensation is just part of companies’ broader efforts to achieve their objectives.
The findings come from a new report by The Conference Board, produced in collaboration with Semler Brossy and ESG data analytics firm ESGAUGE. The study includes various trends—and highlights lessons learned—relating to companies tying executive pay to ESG performance.
In addition to the analysis showing an overall increase in the adoption of such goals, some ESG topics have gained considerably more traction than others: From 2020 to 2021, the share of S&P 500 companies incorporating DE&I (diversity, equity and inclusion) goals in executive compensation grew from 35 percent to 51 percent. And carbon footprint and emission goals nearly doubled, increasing from 10 percent to 19 percent.
To understand the opportunities and challenges companies have in implementing ESG performance goals in executive compensation programs, The Conference Board convened a roundtable with executives in compensation, ESG, governance, and sustainability. Participants said the top reason to link executive pay to ESG performance goals is signaling ESG as a priority, followed by responding to investor expectations. The top two reasons for not tying executive compensation to ESG is the challenge of defining specific goals, followed by skepticism about their effectiveness.”
In the spotlight
Finnish study suggests net zero carbon emissions might be impossible due to limited battery resources
A new Finnish government study says the limited availability of natural resources such as cobalt could limit battery production at the scale needed to reach net zero carbon emissions globally. According to the Daily Skeptic:
“Influential elites are either in denial about the horrifying costs and consequences of Net Zero – witness last Wednesday’s substantial vote against fracking British gas in the House of Commons – or busy scooping up the almost unlimited amounts of money currently on offer for promoting pseudoscience climate scares and investing in impracticable green technologies. Until the lights start to go out and heating fails, they are unlikely to pay much attention to a recent 1,000 page alternative energy investigation undertaken for a Finnish Government agency by Associate Professor Simon Michaux. Referring to the U.K.’s 2050 Net Zero target, Michaux states there is “simply not enough time, nor resources to do this by the current target”.
To cite just one example of how un-costed Net Zero is, Michaux notes that “in theory” there are enough global reserves of nickel and lithium if they are exclusively used to produce batteries for electric vehicles. But there is not enough cobalt, and more will need to be discovered. It gets much worse. All the new batteries have a useful working life of only 8-10 years, so replacements will need to be regularly produced. “This is unlikely to be practical, which suggests the whole EV battery solution may need to be re-thought and a new solution is developed that is not so mineral intensive,” he says.
All of these problems occur in finding a mass of lithium for ion batteries weighting 286.6 million tonnes. But a “power buffer” of another 2.5 billion tonnes of batteries is also required to provide a four-week back-up for intermittent wind and solar electricity power. Of course, this is simply not available from global mineral reserves, but, states Michaux, it is not clear how the buffer could be delivered with an alternative system.
Michaux sounds a clear warning message. Current expectations are that global industrial businesses will replace a complex industrial energy ecosystem that took more than a century to build. It was built with the support of the highest calorifically dense source of energy the world has ever known (oil), in cheap abundant quantities, with easily available credit and seemingly unlimited mineral resources. The replacement, he notes, needs to be done when there is comparatively very expensive energy, a fragile finance system saturated in debt and not enough minerals. Most challenging of all, it has to be done within a few decades. Based on his copious calculations, the author is of the opinion that it will not go fully “as planned”.”
Under Louisiana’s unique voting system, primaries are on Nov. 8
One week until election day! We hope you had a great Halloween last night and that your sugar intake didn’t affect your sleep. Here at Ballotpedia, we’re hoarding our candy until election night.
Ballot measure campaign contributions top $1 billion
As of Oct. 28, supporters and opponents of the 150 statewide measures certified for the ballot this year have raised a total of $1.01 billion. Voters have already decided five of those measures and 132 are slated for Nov. 8. Three in Louisiana are up on Dec. 10.
In 2020, supporters and opponents raised $1.24 billion through Dec. 31 for 129 ballot measures.
Most of this year’s contributions have gone to measures in California (71%), followed by Michigan (9%), and Massachusetts (6%).
In 2020, the top three states were California (62%), Illinois (10%), and Massachusetts (5%).
In 2018, they were California (31%), Nevada (11%), and Florida (11%).
The chart below compares total contributions between 2018, 2020, and 2022, along with the amount going to campaigns in California.
California’s Proposition 27alone accounts for 41% of all ballot measure contributions nationwide, with $418.5 million raised between supporters and opponents. Proposition 27 would legalize online and mobile sports betting in the state.
Outside of California, Michigan’s Proposal 3 has had the most contributions at $63.1 million, making it the most expensive measure in Michigan since we began tracking campaign finance data in 2014. Proposal 3 would create a state constitutional right to reproductive freedom, defined to include abortion, contraceptives, and other pregnancy-related matters.
The chart below shows the 10 ballot measures that have received the most contributions so far:
Next in our preview of battleground elections this year is Arizona’s gubernatorial election. Click here for our coverage of other gubernatorial battlegrounds.
Katie Hobbs (D), Kari Lake (R), and seven write-in candidates are running. Incumbent Doug Ducey (R), first elected in 2014, is term-limited.
Hobbs is the current secretary of state, first elected in 2018. That was the first election cycle since 2008 when a Democrat had won statewide office. Earlier, Hobbs served in the state House from 2011 to 2013, and the Senate from 2013 to 2019.
Hobbs said, “Arizonans … want someone who will put the politics aside and get the job done,” adding that she is “committed to protecting women’s reproductive freedom, investing in our public schools … finally addressing our water crisis … and lowering costs on everything from housing to groceries to school supplies.”
Lake is a former news anchor for Fox10 News Phoenix.
In a Candidate Connection survey submitted to Ballotpedia, Lake said she is “a voice for the silent majority suffering at the hands of cancel culture, critical race theory, and the devastating effects progressive policies are piling up on America’s formerly great cities.” Read Lake’s full survey responses here.
Three election forecasters rate this election as one of the nation’s six toss-up gubernatorial contests. An average of five recent polls showed Lake leading Hobbs 49% to 45%.
Democrats currently control 22 governorships to Republicans’ 28. Arizona is one of six governorships Republicans are defending in a state President Joe Biden (D) won in 2020.
In 2020, Biden defeated former President Donald Trump (R), 49.4% to 49.1%, the second-narrowest statewide margin behind Georgia, and one of three states decided by less than one percentage point.
Republicans have controlled the governorship since Jan Brewer (R) assumed office in 2009 after Janet Napolitano (D) resigned to become U.S. Secretary of Homeland Security.
Since 2010, Republicans have defeated Democrats in Arizona’s gubernatorial contests by an average of 54% to 42%.
Write-in candidates in this race include Steph Denny (R), Alice Novoa (R), Liana West (G), William Pounds (Independent-Green), Mikaela Lutes-Burton (L), Anthony Camboni (I), and Rayshawn Merrill (I).
Under Louisiana’s unique voting system, primaries are on Nov. 8
Today is the 46th day of our 50 States in 50 Days series, and we’re featuring Louisiana, the Pelican State!
Technically, the elections on Nov. 8 are primaries rather than general elections.
Louisiana uses a majority-vote system, in which all candidates running for local, state, or federal office appear on the same primary ballot regardless of their partisan affiliations. That’s what’s happening on Nov. 8.
If a candidate wins a majority vote in the primary, they win the election outright. If nobody meets that threshold, the top-two finishers advance to a general election on Dec. 10.
At the federal level, Louisianans will elect one U.S. Senator and six U.S. Representatives.
Louisiana is one of four states—along with Mississippi, New Jersey, and Virginia—that hold most state executive and state legislative elections in odd years, but the state is electing two public service commissioners this year and holding two special state legislative elections to fill vacancies.
One state supreme court justice and 22 intermediate appellate court judges must stand for re-election, though the state supreme court race was canceled after Justice John Weimer ran unopposed.
We are also covering local elections in New Orleans and school board elections in six districts.
Redistricting highlights
The number of U.S. House districts in Louisiana remained the same at six following the 2020 census.
Congressional and elections will take place under new district lines following the census. Our side-by-side map comparison tool allows you to compare each district. Here’s an example of what Louisiana’s congressional map looked like before and after the 2020 census:
You can interact with our map comparison tools by visiting our Louisiana redistricting page here.
Partisan balance
Both of Louisiana’s U.S. Senators—Bill Cassidy and John Kennedy—are Republicans
Democrats represent one U.S. House district and Republicans represent five.
Louisiana has had a Democratic governor since John Bel Edwards (D) assumed office in 2015.
Republicans hold a 26-11 majority in the Senate and a 68-34 majority in the House.
With a Democratic governor and Republican majorities in both legislative chambers, Louisiana is one of 13 states with a divided government, a status it has held since 2016.
Key races
State Senate District 5: state Reps. Royce Duplessis (D) and Mandie Landry (D) are running to fill a vacancy. Since only two candidates are running, voters will decide this race on Nov. 8.
School Board Conflicts: the school board contests in Caddo, East Baton Rouge, Jefferson, Orleans, and St. Tammany Parishes are five of the more than 400 school board races we are tracking this November where candidates or local media have brought up issues relating to race in education, responses to the coronavirus pandemic, and/or sex and gender in schools. Forty-six seats are up for election across these five districts. Learn more about our school board conflicts coverage here.
Ballot measures
Eleven statewide measures were certified to appear on the ballot this year, eight on Nov. 8 and three on Dec. 10, including:
Amendment 2 (Nov. 8), which would expand property tax exemptions for certain veterans with disabilities and extends certain exemptions for their spouses;
Amendment 7 (Nov. 8), which would remove language in the state constitution that allows slavery and involuntary servitude as a punishment for a crime, except as it may be applied lawfully in the administration of criminal justice; and,
Amendment 1(Dec. 10), which would add a section to the state constitution saying “No person who is not a citizen of the United States shall be allowed to register and vote in this state.”
Between 1985 and 2021, 272 measures appeared on statewide ballots. Voters approved 190 (70%) and defeated 82 (30%).
Voting
Polls are open from 6 a.m. to 8 p.m. on Election Day.
Louisiana requires voters to present photo identification while voting. Voters without accepted IDs may complete an identification affidavit to vote. Learn more here.
Early voting began on Oct. 25 and ends today, Nov. 1.
Only certain voters are eligible to vote absentee/by-mail. Requests must be made by Nov. 4 and completed ballots returned by Nov. 7. Learn more about requirements here and check the status of your ballot here.
The in-person and mail-in voter registration deadlines passed on Oct. 11 and Oct. 18.
Want to learn more about the elections you’ll be voting in this year? Click here to use our Sample Ballot Lookup tool!
Full-service community schools offer many types of services to students, such as health care, mental health counseling, nutrition assistance, and programs that involve students in their communities. 
