Category: State
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Death of Massachusetts chief justice creates second vacancy on state supreme court
Massachusetts Supreme Judicial Court Chief Justice Ralph D. Gants died while in office on September 14, 2020, causing a second vacancy in the state’s court of last resort. The other vacancy will occur on December 1, 2020, when Supreme Judicial Court Justice Barbara Lenk is scheduled to retire from the court, one day prior to…
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Arizona judge declines to rule on constitutional challenge to agency adjudication process
Maricopa County Superior Court Judge Douglas Gerlach on September 9 upheld a decision by then-Arizona Department of Child Safety (DCS) Director Gregory McKay in a case challenging the constitutionality of the procedural due process protections available to individuals during the agency’s adjudication of child abuse allegations. McKay placed Phillip B. (the only name provided) on the child abuse registry…
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Three Maryland Court of Appeals justices seek retention in November
Maryland Court of Appeals Justices Brynja McDivitt Booth, Jonathan Biran, and Mary Ellen Barbera are all seeking retention on November 3, 2020. Booth and Biran were appointed by Gov. Larry Hogan (R) while Barbera was appointed by Gov. Martin O’Malley (D). Currently, three of the seven justices on the court were appointed by a Democratic…
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State legislative special elections to be held in Mississippi
Special elections are being held on September 22 for two districts in the Mississippi State Senate and two districts in the Mississippi House of Representatives. Runoff elections will be held for each race if no candidate earns more than 50% of the vote in the general election. Candidates in Mississippi state legislative special elections run…
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Ballotpedia study shows that 29 state APAs require administrative agencies to accept oral evidence during adjudicative hearings
A Ballotpedia study of all 50 state constitutions and administrative procedure acts (APAs) showed that 29 state APAs require administrative agencies to accept oral evidence during adjudicative hearings, as of August 2020. Administrative agencies in those states hear oral testimony during hearings like a state court. Adjudication proceedings include agency determinations outside of the rulemaking…
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What states allow absentee/mail-in ballots to be counted before polls close?
The rules and procedures governing absentee or mail-in ballots vary widely from state to state. One key difference is when states are allowed to begin counting absentee or mail-in ballots. Thirty-four states do not allow absentee/mail-in ballot counting to begin either until Election Day or after polls close. Sixteen states allow officials to begin counting…
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Washington Supreme Court allows sheriff recall to move forward
The Washington Supreme Court ruled on September 10, 2020, that a recall effort against Snohomish County Sheriff Adam Fortney could begin circulating petitions. It is the second recall effort against Fortney to be approved for circulation this year. The efforts began after Fortney announced in April 2020 that his office would not enforce restrictions Gov.…
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Florida Supreme Court nullifies appointment, orders governor to select new nominee
Five members of the Florida Supreme Court unanimously ruled against the appointment of Renatha Francis. Justice John Couriel recused himself. The court ordered Gov. Ron DeSantis (R) to select a new nominee from a list of seven recommended by a judicial nominating commission. Gov. Ron DeSantis (R) had appointed Francis to the state supreme court…
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Voters to decide Delaware’s congressional primaries
The statewide primary for Delaware is on September 15, 2020. The filing deadline to run passed on July 14, 2020. Candidates are running in congressional elections for one seat in the U.S. House and one seat in the U.S. Senate. Primary winners will advance to the general election scheduled for November 3, 2020. Delaware’s primary…
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New Hampshire, Rhode Island hold congressional primaries on September 8
On September 8, New Hampshire and Rhode Island held statewide primaries. A total of six congressional seats—two U.S. Senate seats and four U.S. House seats—were on the ballot. All six incumbents filed for re-election and won their respective primaries. The primary winners advanced to the general election on November 3. New Hampshire Incumbent Jeanne Shaheen…