CategoryState

Washington voters to decide on state affirmative action policy in November through a veto referendum petition

By Jackie Mitchell
In State
August 8, 2019 at 5:14 PM
Washington voters will decide in November whether or not to allow affirmative action to be used when considering a person for public education or public employment opportunities. The petition effort for Referendum Measure 88 (R-88) targeted Initiative 1000 (I-1000). After I-1000 qualified for the ballot through a successful initiative petition drive, the measure was approved by the legislature on April 28, 2019, thereby precluding an election. The R-88 petition requires that I-1000, instead, must be placed on the 2019 ballot in Washington for a statewide vote of the people.
 
R-88 was certified for the ballot on August 7, 2019. In a random sample check of 6,399 signatures, the secretary of state’s office found that 5,528 were valid, projecting a signature validity rate of 86.4%. This means that of 213,268 signatures submitted by proponents, 184,239 were deemed valid through the random sample verification. To qualify for the ballot, 129,811 valid signatures were required.
 
Initiative 1000 was designed to allow affirmative action without the use of quotas by the state of Washington. This means that characteristics such as race, sex, color, ethnicity, national origin, age, sexual orientation, disability, or veteran status could be used as factors when considering a person for public education or public employment opportunities. I-1000 would ban preferential treatment, meaning those characteristics could not be the sole or deciding factor when considering a person for education or employment opportunities. Initiative 200 (I-200), approved by voters in 1998, banned discrimination and preferential treatment by the state. I-200 was sponsored by Washington initiative activist Tim Eyman. Eyman said, “Voters have accepted the principle that the government should treat everyone equally, without different rules for different races.”
 
I-1000 was sponsored by the One WA Equality Campaign and was supported by Washington Governor Jay Inslee (D) and the NAACP. Regarding I-1000, Inslee said, “We know systemic inequities remain that cause communities of color, veterans, people with disabilities and women to face persistent barriers to work and education opportunities. I-1000 is a well-considered approach to updating our state’s policies and ensuring diversity, equity and inclusion in government contracts, employment and schools. This policy will help provide the pathways to opportunity that all our communities deserve. It embraces the parts of the 20-year-old I-200 initiative that work well while recognizing what we can do better to address the challenges facing businesses, workers and students today.”
 
As an Initiative to the Legislature—the name of indirect initiatives in Washington—the state legislature could either approve I-1000 or send it to the voters once it had qualified through a sufficient signature petition. The state legislature approved I-1000 on April 28, 2019, largely along party lines with all votes in favor coming from Democratic legislators. In the House, one Democrat, Brian Blake of District 19b, joined all House Republicans in voting no. Two Senate Democrats, Mark Mullet of District 5 and Tim Sheldon of District 35, joined the 20 Senate Republicans in voting no. Senator Guy Palumbo (D-1) was excused from voting.
 
Let People Vote led the R-88 petition drive and is leading the campaign for a vote against I-1000 at the November election. Let People Vote argued, “I-1000 can be summed up in one sentence: It would abolish the standard of equality for all, regardless of races, sex, color, age, ethnicity, or national origin, as required by Washington Civil Rights Act, and replace it with a system that uses different rules for people of different races. Initiative 1000 seeks to repeal Washington Civil Rights Act (I-200) and was enacted by the Legislature on the last day of the session in order to deny a public vote on the matter. Voter[s] approved I-200 by more than 58% of votes in 1998. Why shouldn’t voters be allowed to decide whether to change it?”
 
Of the 38 Initiatives to the Legislature (ITLs) that have been certified and presented to the legislature, five were approved by legislators instead of being sent to the ballot. Veto referendum efforts were subsequently filed against two of the ITLs and succeeded in overturning them.
 
Since the first in 1914, Washington voters have decided 37 statewide veto referendum measures at the ballot. The most recent veto referendum was on the ballot in Washington in 2012. In 81% of cases (30 of 37), the veto referendum resulted in the targeted bill being repealed. Conversely, 19% (seven of 37) of veto referendum measures resulted in the targeted law being upheld. In Washington, successful veto referendum petitions suspend the targeted law until the veto referendum is placed on the ballot and voted on in an election.
 
Nation-wide since the first in 1906, 521 veto referendums appeared on the ballot in 23 states. Voters repealed 340 (65.3 percent) of the targeted laws. Voters upheld 181 (34.7 percent) of the targeted laws. The states with the most veto referendums on the ballot were North Dakota (75), Oregon (68), and California(48). The states that allowed for veto referendums but had the least number of them were Wyoming (1), Nevada (2), and New Mexico (3).
 


Two Republicans competing in South Carolina special primary runoff

By Jaclyn Beran
In State
August 7, 2019 at 11:34 PM
A special primary runoff for District 84 of the South Carolina House of Representatives is scheduled for August 13. Melissa Oremus and Alvin Padgett are running in the Republican primary runoff; they advanced to the runoff after defeating Cody Anderson, Danny Feagin, Ralph Gunter, and Sean Pumphrey in the July 30 primary. The winner of the primary runoff will be unopposed in the October 1 special election since no Democratic candidates filed for the seat.
 
The seat became vacant after Ronnie Young (R) passed away on May 19, 2019. Young had served in the state House since he won a special election in 2017. He won re-election in 2018 with 65% of the vote in the general election.
 
Heading into the special election, Republicans control the state House with a 78-44 majority with two vacancies. The other vacancy will be filled in a special election on August 20. Republicans also control the state Senate by a 27-19 margin. South Carolina has a Republican state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.
 
As of August, 70 state legislative special elections have been scheduled or held in 24 states. Between 2011 and 2018, an average of 77 special elections took place each year.
 


Reeves, Waller advance to runoff in Republican primary for governor of Mississippi

By David Luchs
In State
August 7, 2019 at 12:54 PM
Lt. Gov. Tate Reeves and former state Supreme Court Chief Justice Bill Waller Jr. advanced to an August 27 runoff in the Republican primary for governor of Mississippi.
 
With 97% of precincts reporting, Reeves received 48.9% of the vote (short of the 50% needed to win outright) and Waller received 33.4%. State Rep. Robert Foster finished third with 17.8 percent of the vote.
 
The winner will face Attorney General Jim Hood (D) in the November 5 general election to succeed term-limited Gov. Phil Bryant (R).
 
To win election as governor of Mississippi, a candidate must win both a majority of the statewide vote and a majority of state House districts. If no candidate meets both requirements, the state House decides the winner.
 
Elections for all 52 seats in the state Senate and all 122 seats in the state House of Representatives will also take place on November 5.
 
Mississippi is one of 22 Republican state government trifectas, a term that describes when one party controls the governorship and both chambers of the state legislature. It has been a Republican trifecta since 2012.


Jim Hood wins Democratic nomination for governor of Mississippi

By David Luchs
In State
August 6, 2019 at 10:49 PM

Attorney General Jim Hood won the Democratic nomination for governor of Mississippi, according to the Associated Press. As of 10:30 p.m. Central Time, Hood had received 70.1% of the vote with 40% of precincts reporting. Hood was followed by Michael Brown at 9.9% of the vote and Hinds County District Attorney Robert Shuler Smith at 7.6%.

Hood has served as state attorney general since 2004. He says that he will focus on the state economy and public education system and would expand Medicaid if elected. Smith has said that his candidacy was based in part on Hood’s office having brought him to trial on criminal charges three times between 2016 and 2018. Smith said the charges had a racial motivation. His policy priorities included expanding access to healthcare and raising the minimum wage.

Hood will face the winner of the Republican primary in the November 5 general election. In order to win election as governor of Mississippi, a candidate must win both a majority of the statewide vote and a majority of state House districts. If no candidate meets both requirements, the state House decides the winner. No Democrat has won election as governor of Mississippi since Ronnie Musgrove in 1999.



Mississippi legislative primaries to decide nominees for November general elections

By Janie Valentine
In State
August 5, 2019 at 4:04 PM
Mississippi will hold primaries for the state Senate and House of Representatives on August 6, 2019.
 
Mississippi has been a Republican trifecta since 2012. Term-limited Gov. Phil Bryant is a Republican, and Republicans hold a 31-18 majority in the Senate (with 3 vacancies) and a 74-44 majority in the House (with 2 independents and 2 vacancies).
 
General elections will take place for all 52 seats in the Senate and all 122 seats in the House on November 5.
 
In the Senate, there are 11 contested Democratic primaries and 16 contested Republican primaries. In the House, there are 23 contested Democratic primaries and 26 contested Republican primaries.
 
Fifteen Democratic and 25 Republican incumbents are running for re-election in the Senate. Eight Democratic and 19 Republican incumbent senators are running unopposed. Four Democratic and eight Republican incumbents are not running for re-election.
 
In the House, 40 Democratic and 67 Republican incumbents are running for re-election. Five Democratic and seven Republican incumbent representatives are not running for re-election. Twenty-three Democratic and 47 Republican incumbent representatives are unopposed.
 
 


Eleven contested state executive primaries on Mississippi voters’ ballots Tuesday

By David Luchs
In State
August 5, 2019 at 12:54 PM
Mississippi is holding state executive and legislative primary elections Tuesday. Of the eleven state executive offices on the ballot this year, seven feature a contested Republican primary and four feature a contested Democratic primary.
 
Gov. Phil Bryant (R) is term-limited, leaving his seat open for the first time since 2011. Lt. Gov. Tate Reeves, former state Supreme Court Chief Justice Bill Waller Jr., and state Rep. Robert Foster are seeking the Republican nomination to succeed Bryant. On the Democratic side, eight candidates including Attorney General Jim Hood and Hinds County District Attorney Robert Shuler Smith are running. Mississippi has elected a Republican governor in every election since 2003.
 
Voters in both primaries will also nominate a candidate for secretary of state, responsible for management and oversight of Mississippi’s elections. In the Democratic primary, Maryra Hunt faces former Hattiesburg Mayor Johnny DuPree, while the Republican contest features Sen. Michael Watson and Public Service Commissioner Sam Britton.
 
Republican voters will nominate candidates in the contested primaries for lieutenant governor and attorney general. In the lieutenant gubernatorial primary, Secretary of State Delbert Hosemann and Shane Quick are running. Meanwhile, state Rep. Mark Baker, state Treasurer Lynn Fitch, and attorney Andy Taggart, a former chief of staff to Gov. Kirk Fordice (R), are running for the Republican nomination for attorney general. No Republican has served as attorney general of Mississippi since 1878.
 
The only downballot statewide race with a contested primary is the Republican primary to succeed Lynn Fitch as treasurer. Former state Sen. Eugene Clark and attorney and businessman David McRae are running in that election.
 
Candidates for the Central and Southern Public Service Commission districts will also be selected. Those offices are responsible for management and oversight of utilities in Mississippi. In the Central district, four candidates are seeking the Democratic nomination and two are seeking the Republican nomination to succeed Cecil Brown (D). In the Southern district, two Democrats and two Republicans are running for the seat currently held by secretary of state candidate Sam Britton (R).
 
In order to win their party’s nomination, candidates must receive a majority of all votes cast. If no candidate wins a majority of votes, the top two finishers will advance to an August 27 runoff. The winners will advance to the November 5 general election.
 


Five Democrats competing in Arkansas House special primary

By Tyler King
In State
August 5, 2019 at 12:39 PM
A special primary for District 36 of the Arkansas House of Representatives is scheduled on August 6. Denise Ennett, Philip Hood, Darrell Stephens, Roderick Talley, and Russell Williams III are running in the Democratic primary. No Republican candidates filed for the election. A primary runoff will take place on September 3 if no candidate receives more than 50% of the primary vote. The general election is on November 5.
 
The seat became vacant when Charles Blake (D) resigned his seat on May 16 to take a job as chief of staff to the mayor of Little Rock. Blake had served in the state House since 2015.
 
Heading into the special election, Republicans have a 76-23 majority in the state House with one vacancy. Arkansas has a Republican state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.
 
As of August, 70 state legislative special elections have been scheduled or held in 24 states. Between 2011 and 2018, an average of 77 special elections took place each year.
 


California enacts law requiring presidential, gubernatorial candidates to disclose tax returns

By Jerrick Adams
In State
August 5, 2019 at 12:04 PM
On July 30, 2019, Governor Gavin Newsom (D) signed into law SB 27, requiring presidential and gubernatorial candidates to file copies of their last five federal income tax returns with the California secretary of state in order to qualify for placement on the primary election ballot. The law was set to take immediate effect.
 
In a statement, Newsom said, “The disclosure required by this bill will shed light on conflicts of interest, self-dealing, or influence from domestic and foreign business interest. The United States Constitution grants states the authority to determine how their electors are chosen, and California is well within its constitutional right to include this requirement.”
 
Later that day, Republican presidential candidate Roque De La Fuente filed suit against Secretary of State Alex Padilla (D) in federal district court, alleging that SB 27 violated Article II, Section 1, Clause 5 and the First and Fourteenth Amendments to the United States Constitution. Jay Sekulow, an attorney for President Donald Trump (R), also suggested the possibility of further legal action, saying, “The State of California’s attempt to circumvent the Constitution will be answered in court.”
 
Legal professionals differed in their initial assessment of the legality of SB 27. Adam Winkler, a constitutional law professor at the University of California, Los Angeles, said, “This new law raises some very interesting and novel constitutional issues. Because it is novel, it is hard to know how the courts would go, but there is plenty of reason to think courts will be hostile to California’s requirements.”
 
Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law, said, “Although most cases dealing with ballot access have involved state and local elections, the constitutional principles are the same: State governments may set conditions for being listed on the ballot so long as they serve important interests and do not discriminate based on wealth or ideology.”
 
Gene Schaerr, a constitutional lawyer who has argued before the Supreme Court of the United States, said, “I see it as a serious problem on both constitutional grounds and especially on policy. You can imagine a host of other disclosures that states might want to adopt. If California could do this, some people would undoubtedly want to know whether candidates have ever been treated for a mental illness or denied insurance.”
 


Signatures submitted for veto referendum to keep Colorado from joining the National Popular Vote Interstate Compact (NPVIC)

By Jackie Mitchell
In State
August 2, 2019 at 2:59 PM
Veto referendum sponsors Coloradans Vote reported submitting over 227,000 signatures to the secretary of state on the August 1 deadline. To qualify the measure for the 2020 ballot, 124,632 signatures must be verified as valid.
 
The referendum petition effort seeks to put Senate Bill 42 (SB 42) to a statewide vote of the people in the hopes that voters will reject the bill. SB 42 would add Colorado into the National Popular Vote Interstate Compact (NPVIC), awarding all of Colorado’s nine electoral votes to the presidential candidate who wins the national popular vote.
 
A yes vote on the referendum would be a vote to approve Senate Bill 42, allowing Colorado to become a part of the NPVIC. A no vote on the referendum would be a vote to reject Senate Bill 42, stopping Colorado from becoming a part of the NPVIC.
 
The National Popular Vote Interstate Compact (NPVIC) is an interstate compact to award member states’ presidential electors to the winner of the national popular vote. The NPVIC would go into effect if states representing at least 270 electoral college votes adopt the legislation. As of August 1, 2019, 15 states and Washington, D.C., (representing a total of 196 electoral votes) had joined the NPVIC.
 
Most states use a winner-take-all system for awarding electoral votes—a candidate who receives 51 percent of the popular vote in a state would receive 100 percent of that state’s electoral votes. In 2016, Donald Trump won the presidential election with 304 electoral votes compared to Hillary Clinton’s 227 electoral votes. Clinton won the national popular vote with 65.84 million votes compared to Trump’s 62.98 million votes. The 2016 election was not the only instance in which the winner of the electoral college did not receive the most popular votes; it happened in five of the 58 presidential elections in U.S. history.
 
State Sen. Mike Foote (D-17) and Reps. Emily Sirota (D-9) and Jennifer Arndt (D-53) sponsored SB 42 in the Colorado State Legislature. SB 42 passed the Senate on January 29, 2019, in a vote of 19 to 16. On February 21, 2019, the House approved the bill in a vote of 34 to 29. Colorado Governor Jared Polis (D) signed the bill into law on March 15, 2019.
 
Coloradans Vote is leading the campaign in support of a no vote. Coloradans Vote sponsored the referendum petition and hopes voters will reject Senate Bill 42. The group argued that “demanding Colorado’s electors cast their votes this way is theft of our votes for president and gives them to more populated areas like New York City, Los Angeles, and Chicago. [The current Electoral College system] ensures that the minority always has a voice by allowing smaller, less populated states to have a more proportionate voice in electing our president.”
 
Colorado National Popular Vote (Colorado NPV) is advocating for a yes vote on the referendum. The campaign supports Colorado being a part of the National Popular Vote Interstate Compact and hopes voters will approve Senate Bill 42. In a statement to Ballotpedia, Co-Chair of Colorado NPV Sylvia Bernstein said, “The Electoral College system has resulted in 5 out of 45 American presidents not winning the popular vote. This does not fairly reflect the will of the voters and is harmful to a modern democracy … We believe every vote by every American for the President should count equally, no matter where you live.”
 
In addition to Colorado, three other states joined the NPVIC in 2019: Delaware, New Mexico, and Oregon. The first state to join was Maryland in 2007. Colorado is a Democratic trifecta. Thirteen of the 15 states to join the NPVIC and Washington, D.C., were controlled by Democratic trifectas at the time. Two were controlled by divided governments.
 
The most recent veto referendum on the ballot in Colorado appeared on the ballot in 1932. From 1912 to 1932, 13 veto referendums were on the ballot. Of the 13 referendum efforts, 10 were successful in overturning the targeted legislation. The targeted legislation was upheld by voters on three occasions.
 
Nation-wide since the first in 1906, 521 veto referendums appeared on the ballot in 23 states. Voters repealed 340 (65.3 percent) of the targeted laws. Voters upheld 181 (34.7 percent) of the targeted laws. The states with the most veto referendums on the ballot were North Dakota (75), Oregon (68), and California(48). The states that allowed for veto referendums but had the least number of them were Wyoming(1), Nevada (2), and New Mexico (3).
 
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