The Iowa Supreme Court issued two opinions from May 15-21. As of May 21, the court issued 56 opinions in 2023 — five fewer than this point a year ago. Both of the opinions are below:
Sutton v. Council Bluffs Water Works, where the court “affirmed the judgment of the district court denying the motion filed by the Council Bluffs Water Works’ to dismiss the claim brought by Jim and Angela Sutton for strict liability, holding that the district court did not err in failing to dismiss Suttons’ strict liability claim.”
Venckus v. City of Iowa City, where the court “affirmed the judgment of the district court granting summary judgment to a police detective and his city employer in this case alleging defamation, abuse of process, and malicious prosecution, holding that there was no error.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The Iowa Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Susan Christensen. The court issued 110 opinions in 2022 and 112 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Iowa is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.
The Colorado Supreme Court issued four opinions from May 15-21. As of May 21, the court issued 25 opinions in 2023 — one more than this point a year ago. Three of four opinions are below:
Arvada Village Gardens v. Garate, where the court concluded that the federal 30-day notice provision enacted under the CARES Act is still in effect for covered properties.
In the Matter of: Former Judge Mark D. Thompson, where the court publicly censured Former Judge Mark D. Thompson of the Fifth Judicial District and upheld the recommendations of the Colorado Commission on Judicial Discipline.
Liggett v. Colorado, where the court affirmed that “when a defendant presents psychiatric evidence supporting their insanity defense, they can open the door to the admission of psychiatric evidence rebutting that defense, even if the evidence includes the defendant’s voluntary but non-Miranda-compliant statements. Additionally, the Court held that § 16-8-103.6(2)(a), C.R.S. (2022)’s waiver of privilege as to ‘communications made by the defendant to a physician or psychologist’ includes communications made to a physician’s or psychologist’s agents.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The Colorado Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Brian Boatright. The court issued 61 opinions in 2022 and 59 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Colorado is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.
State legislators have introduced more legislation regulating the availability and security of absentee ballot drop boxes this year than in 2022. Legislators have introduced 34 bills related to ballot drop boxes in 2023. Three (9%) of these bills have become law. At this point in 2022, legislators had introduced 26 bills, and two (8%) had been enacted.
These bills can generally fit into two subcategories: drop box availability and drop box security. Bills concerning drop box availability regulate the allowance, availability, or placement of ballot drop boxes. Drop box security bills contain set or alter requirements for the physical security of drop boxes, such as requiring security cameras or in-person staffing.
Democrats have introduced more drop box availability bills overall, sponsoring 38 bills since the start of 2022 compared to Republicans’ 31. Republicans have introduced more drop box security bills, sponsoring 19 compared to Democrats’ 13. Republicans sponsored all seven bills introduced during this time to prohibit drop boxes entirely.
Drop box availability
State legislatures have considered five more bills dealing with drop-box availability this year (29 bills) than at this point in 2022 (23 bills). Two states have enacted drop box availability bills so far in 2023, the same number as this point in 2022. Nine drop box availability bills were enacted in 2022.
Of the two drop box availability bills enacted this year, Arkansas’ Republican-sponsored bill, SB258, prohibits election officials from establishing or using a drop box to collect absentee ballots. New Mexico’s Democratic-sponsored bill, SB180, prohibits anyone other than the secretary of state or the county clerk from providing or operating a drop box. In 2022, Utah (HB0313) and Washington (HB1716) had each enacted a bill on the topic. Republicans sponsored the Utah bill, which required election officials to designate at least one ballot drop box in each municipality and reservation located in the jurisdiction to which the election relates. Democrats sponsored the Washington bill, which required county auditors to open a voting center with a ballot drop box for any special elections the county may hold.
Drop box security
Eighteen of the bills introduced this year deal with drop box security compared with eight bills at this time last year and 21 introduced throughout 2022. Two bills introduced this year have been enacted, two bills had also been enacted at this point in 2022, and three bills on the topic were enacted throughout all of 2022.
Republicans and Democrats each enacted one drop box security bill in both 2022 and 2023. Utah has enacted one Republican-sponsored bill so far this year. HB0347 makes it a third-degree felony to tamper, destroy, or remove a drop box or its contents. New Mexico enacted the Democrat-sponsored SB180, which in addition to regulating drop box availability, also makes the unlawful operation of absentee ballot drop boxes a fourth-degree felony.
The two drop-box security bills enacted by this point in 2022 were Republican-sponsored Utah HB0313, which required drop boxes to be monitored by recorded video surveillance at all times, and Washington HB1716, which prohibited interfering with voters or disrupting the administration of a voting center, including ballot drop boxes. Ohio later enacted Republican-sponsored HB458, requiring drop boxes to be monitored by recorded video surveillance.
Ballotpedia’s comprehensive Election Administration Legislation Tracker is the basis for the data and analysis in this report. This user-friendly tracker covers thousands of election-related bills in state legislatures and organizes them by topic with neutral, expert analysis from Ballotpedia’s election administration researchers.
The Indiana Supreme Court issued one opinion from May 15-21. As of May 21, the court issued 16 opinions in 2023 — 12 fewer than this point a year ago. The one opinion is below:
Oberhansley v. State, where the court “affirmed Defendant’s sentence of life imprisonment without the possibility of parole (LWOP) in connection with his conviction for the murder and burglary of his ex-girlfriend, holding that Defendant’s LWOP sentence was not inappropriate.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The Indiana Supreme Court is the state’s court of last resort and has five judgeships. The current chief of the court is Loretta H. Rush. The court issued 44 opinions in 2022 and 50 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Indiana is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.
The State of New York Court of Appeals issued four opinions from May 15-21. As of May 21, the court issued 30 opinions in 2023 — 10 fewer than this point a year ago. Three of four opinions are below:
People v. Johnson, where the court “reversed the denial of Defendant’s motion to suppress evidence seized as a result of a stop and frisk, holding that the circumstances of this case did not warrant a level three stop and frisk under People v. De Bour, 40 N.Y.2d 210 (1976).”
People v. Saenger, where the court “affirmed in part and reversed in part Defendant’s criminal convictions, holding that the count of the indictment charging Defendant with aggravated family offense was jurisdictionally defective and must be dismissed but that there was no error as to Defendant’s conviction of criminal contempt in the first degree.”
Hoehmann v. Town of Clarkstown, where the court “affirmed the order of the appellate division concluding that the underlying challenge to Local Law No. 9-2014 was not time-barred by either a four-month or a six-year statute of limitations, holding that there was no error.” Local Law No. 9-2014 “purportedly set an eight-year term limit for all Clarkstown elected officials and required a supermajority vote of the Town Board to repeal.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current chief of the court is Rowan Wilson. The court issued 85 opinions in 2022 and 69 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.
The Florida Supreme Court issued two opinions from May 15-21. As of May 21, the court issued 38 opinions in 2023 — 13 fewer than this point a year ago. Both of the opinions are below:
Orme v. State, where the court “affirmed the sentence of death imposed at Defendant’s second resentencing for first-degree murder, holding that … (1) Defendant’s sentence did not violate the Eighth Amendment; and (2) Defendant’s remaining arguments lacked merit.”
Foley v. State, where the court “dismissed Petitioner’s pro se petition for writ of mandamus and sanctioned him for his repeated misuse of the judicial system’s resources, holding that … Petitioner’s petition was frivolous and that Petitioner demonstrated a pattern of vexatious filing of meritless pro se requests for relief.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The Florida Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Carlos Muñiz. The court issued 108 opinions in 2022 and 115 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.
The Texas Court of Criminal Appeals issued eight opinions from May 15-21. The Texas Supreme Court issued seven opinions from May 15-21. Both courts are the state’s courts of last resort. As of May 21, the court of criminal appeals issued 138 opinions in 2023 — 25 more than this point a year ago. The supreme court issued 64 opinions as of May 21, 2023 — nine fewer than this point a year ago. Three of 15 opinions are below:
Pecos County Appraisal District v. Iraan-Sheffield Independent School District (Opinion), where the court “held that no statute expressly authorizes a school district to retain a lawyer on a contingent-fee basis to prosecute litigation designed to increase the appraised value of property so as to generate more tax receipts for the school district and that authority for such an arrangement cannot be implied from a school district’s express authority to bring litigation regarding appraisals.”
USA Lending Group, Inc. v. Winstead PC (Opinion), where the court “reversed the judgment of the court of appeals reversing the decision of the district court denying Winstead PC’s motion to dismiss USA Lending Group, Inc.’s malpractice claim brought under the Texas Citizens Participation Act in this legal malpractice case, holding that Winstead presented prima facie evidence sufficient to survive a motion to dismiss.”
From May 15-21, state supreme courts issued 186 opinions nationally. The Supreme Court of Appeals of West Virginia issued the most with 21. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 121 opinions, while courts whose members are appointed have issued 65.
The Texas Court of Criminal Appeals and the Texas Supreme Court are the state’s courts of last resort. The former is the state’s court of last resort for criminal matters, while the latter is the state’s court of last resort for civil matters; both have nine judgeships. Sharon Keller and Nathan Hecht are the current chiefs of the criminal and supreme courts, respectively. Combined, the courts issued 413 opinions in 2022 and 536 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,660 opinions in 2023. Courts where judges are elected have issued 1,511 opinions, while courts whose members are appointed have issued 1,149. Texas is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.
All three candidates running in the June 20, 2023, Democratic primary for Virginia House of Delegates District 54 — Bellamy Brown, Katrina Callsen, and David Norris — completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to run for office.
Here are the candidates’ responses to the question: Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?
Brown:
“I have a track record of service, governing, and leading in ways that have brought positive value to the 54th District.
I am the only Charlottesville native; and with that, bring an understanding of where our district has come from and where we should be headed in the future.
I have the ability to work across the aisle and get work done on behalf of our district whether in the majority or minority.”
Callsen:
“Codify and protect access to abortion and reproductive healthcare. …
Pass gun safety laws and make sure domestic violence and child safety are a part of the conversation (mandatory gun storage laws, stronger gun protection and enforcement in protective orders, higher fidelity of enforcement with red flag laws).
Strengthen and support access to high quality, inclusive public education. I would love to see a focus on teacher retention, increased pay, and recruitment to include deliberate work to recruit teachers from diverse backgrounds.”
Norris:
“I believe that the people of Charlottesville/Albemarle deserve a representative who has been in the trenches fighting for them — for you! — on the most important issues of our time.
Affordable housing, living wage jobs, racial justice, reproductive freedom, LGBTQ+ rights, quality schools, entrepreneurship, environmental sustainability, clean energy, fiscal responsibility – these issues are at the core of who I am and what I’ve done as a public and community servant for the past three decades, both as Charlottesville Mayor & City Councilor and as a longtime non-profit leader.
Looking for a proven leader with a bold vision for positive, progressive change? Vote for Dave.”
Click on the candidates’ profile pages below to read their full responses to this and other questions.
We ask all federal, state, and local candidates with profiles on Ballotpedia to complete a survey and share what motivates them on political and personal levels. Ask the candidates in your area to fill out the survey.
40 people declared candidacies for federal or statewide offices in the past week, two fewer than last week. All of these candidates declared before their state’s official filing deadline.
Twenty-two of those candidates were Democratic, while 18 were Republican.
Twenty-eight candidates are running for Congress, four for governorship, and eight for a lower state executive office.
Since the beginning of the year, Ballotpedia has identified 912 declared candidates for federal and statewide offices. At this time in 2021, Ballotpedia had identified 1,794 declared candidates for 2022, 2023, and 2024 races.
An official candidate is someone who registers with a federal or state campaign finance agency before the candidate filing deadline or appears on candidate lists released by government election agencies. A declared candidate is someone who has not completed the steps to become an official candidate but who might have done one or more of the following:
Appeared in candidate forums or debates
Published a campaign website
Published campaign social media pages
Advertised online, on television, or through print
Issued press releases
Interviewed with media publications
For more on Ballotpedia’s definition of candidacy, click here.
As of May 21, Ballotpedia has tracked 147 election-related bills in the New York State Senate since the beginning of the year. Of the 147, Ballotpedia tracked five from May 15-21. Democrats sponsored four, while Republicans sponsored one. The five bills are:
NY S06933: Increases the term of office of an election commissioner from two to four years beginning January first of each odd numbered year, Sen. Lea Webb (D).
As introduced, this bill increases the term of office of an election commissioner from two years to four years beginning January first of each odd numbered year.
NY S06740: Provides for requirements for officers, boards and judges making determinations as to the sufficiency of a designating or nominating petition, Sen. Rachel May (D).
Provides that when determining the sufficiency of a petition, the officer or board making a determination shall construe all election laws, rules, and regulations liberally so as not to deprive an individual of their right to run for office, or the voters of their right to elect a candidate of their choice.
Stipulates that a petition may be invalidated if the witness statement is inaccurate, the public office for which a candidate was designated for nomination is misstated, or if some voter signatures are older than the date on the witness statement.
Provides that when deciding whether to accept or reject a petition, the court shall construe all election laws, rules, and regulations liberally so as not to deprive an individual of their right to run for office, or the voters of their right to elect a candidate of their choice.
Provides that a petition shall not be invalidated because the stated number of signatures in the witness statement is inaccurate, and a petition shall not be rejected by the board of elections for not having the minimum number of signatures required.
NY S06875: Relates to voting rights and access for incarcerated individuals, Sen. Zellnor Myrie (D).
Establishes that, by majority vote, an election board may establish a polling place in a correctional facility in lieu of absentee voting at the facility, and outlines requirements and operation hours.
Outlines procedures for handling and delivery of completed voter registration forms and absentee ballot applications collected by the board of inspectors.
Modifies a deadline and adds requirements for the local board to communicate with a facility regarding absentee ballot voting and changing the deadline from 20 days before an election to 45 days before the election.
Furnishes requirements and procedures for implementing absentee ballot voting at facilities in counties with at least 100,000 registered voters.
Provides procedures and timelines for registering qualified voters, providing absentee ballot applications, and providing non-partisan educational materials in correctional facilities.
Establishes that qualified individuals in correctional facilities have the right to register and vote, including electronic access to certain election procedures, and provides procedures and remedies if an individual feels his or her rights are violated.
NY S06735: Relates to allowing pre-registered voters to apply for an absentee ballot, Sen. Rachel May (D).
As introduced, this bill allows voters who are pre-registered, but will qualify to vote by the next election, to apply for an absentee ballot.
NY S06928: Requires the county seat in Madison county to have at least one polling place designated for early voting, Sen. Joseph Griffo (R).
As introduced, this bill requires the county seat in Madison county to have at least one polling place for early voting.
During the week of May 15-21, Ballotpedia tracked 26 Senate election-related bills nationally. As of May 21, Ballotpedia has tracked 963 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 147, while Ballotpedia tracked the fewest Senate bills in the Massachusetts State Senate with zero.
As of May 21, Ballotpedia has tracked 447 Senate bills in Democratic trifectas and 398 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 118 Senate bills in states where neither party holds trifecta control.
The New York Senate is scheduled to be in session from Jan. 4 to June 8 this year. In 2022, Ballotpedia tracked 190 Senate bills related to election administration. Ten of these bills passed both chambers and eight were enacted into law. New York is a Democratic trifecta.