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Federal Register weekly update: 87 new final rules

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The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s overall regulatory activity, accounting for both regulatory and deregulatory actions.

From June 7 through June 11, the Federal Register grew by 1,296 pages for a year-to-date total of 31,426 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 543 documents:

• 406 notices

• 13 presidential documents

• 37 proposed rules

• 87 final rules

One proposed rule concerning hazardous air pollutants and two final rules regarding the Federal Aviation Administration’s (FAA) pilot records database and grants authorized under the Juvenile Justice and Delinquency Prevention Act were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 20 significant proposed rules and 12 significant final rules as of June 11.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Click here to find more information about weekly additions to the Federal Register in 2020, 2019, 2018, and 2017: Changes to the Federal Register 

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Click here to find yearly information about additions to the Federal Register from 1936 to 2018: Historical additions to the Federal Register, 1936-2018



Mike Nearman expelled from OR state House

The Oregon House of Representatives voted to expel state Rep. Mike Nearman (R) on June 10. Nearman’s colleagues expelled him due to video footage that showed him helping protesters, some of whom were armed, enter the state Capitol building on December 21, 2020. This led to a struggle between the protesters and police officers, causing injuries and property damage.

The resolution to expel Nearman passed 59-1, with only Nearman voting against. According to Oregon Public Broadcasting, Nearman is the first person to have ever been expelled from the Oregon Legislature.

Nearman was first elected to represent District 23 in the Oregon state House in 2014, defeating incumbent Jim Thompson (R) in the Republican primary. Before he entered politics, Nearman worked in software engineering and tech support.

There have been 52 state legislative vacancies in 30 states so far in 2021. Thirty-seven of those vacancies have been filled. Two other state legislators have been expelled this year; Luke Simons (R-ND), and Rick Roeber (R-MO).

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Texas Supreme Court Justice Eva Guzman resigns

Texas Supreme Court Justice Eva Guzman resigned on June 11, 2021. Guzman’s replacement will be Gov. Greg Abbott’s (R) fifth nominee to the nine-member supreme court. At the time of Guzman’s resignation, all nine judges on the court identified with the Republican party. 

Guzman was appointed to the court by Gov. Rick Perry (R) in 2009. She was elected to a full term in 2010, becoming the first Latina woman elected to statewide office in Texas. Guzman was re-elected in 2016, defeating Democrat Savannah Robinson, 56% to 39%.

Before she was appointed to the state supreme court, Guzman served as a district judge for Texas’ 309th District Court and as an appellate judge for Texas’ Fourteenth Court of Appeals.

The Texas Supreme Court is the state’s court of last resort for civil matters and has nine judgeships. Under Texas law, in the event of a midterm vacancy, the governor appoints a replacement. The appointment is subject to confirmation from the Texas State Senate. Once confirmed, the judge will serve until the next general election, at which point they must run in a partisan election to remain on the bench for the rest of the unexpired term.

In 2021, there have been 13 supreme court vacancies in 11 of the 29 states where replacement justices are appointed instead of elected.

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State and Local Tap: Newsom signature removal deadline passes

Intro: Our weekly summary of state & local news brings you an update on the Gavin Newsom recall effort and the statewide Democratic nominees from Virginia. Read all about it in this week’s edition of the State & Local Tap.

Ballot Measures Update

Twenty-eight statewide measures have been certified for the 2021 ballot in seven states so far.

Three new measures were certified for the 2021 ballot last week: 

Forty-four statewide measures have been certified for the 2022 ballot in 26 states so far.

Six new measures were certified for the 2022 ballot last week:

Signatures have been submitted and are pending verification for three additional 2022 initiatives in California and Michigan.

States in session

Thirteen states—Arizona, California, Delaware, Massachusetts, Michigan, New Hampshire,  New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Wisconsin—are in regular session.

Local Ballot Measures: The Week in Review

In 2021, Ballotpedia is providing comprehensive coverage of elections in America’s 100 largest cities by population and all state capitals. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections, as well as all local ballot measures in California and a selection of notable local ballot measures about elections and police-related policies. Recent and upcoming local ballot measure elections are listed below:

Special Elections

Thirty-nine state legislative special elections have been scheduled in 17 states so far this year. Twenty-eight (28) specials have taken place already. Heading into those races, Democrats had previously controlled 14 seats, and Republicans previously controlled 14. No seats have changed party hands as a result of the special elections.

  • In special elections between 2011 and 2020, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
  • An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
  • An average of 88 seats were filled through special elections in each of the past five odd years (2011: 94, 2013: 84, 2015: 89, 2017: 98, 2019: 77).

Upcoming special elections include:

June 12

June 15

June 22

Jack Ciattarelli wins New Jersey gubernatorial Republican primary

Former New Jersey Assemblyman Jack Ciattarelli defeated Philip Rizzo, Hirsh Singh, and Brian Levine for the Republican nomination in New Jersey’s gubernatorial election. Ciattarelli received 49.4% of the vote, followed by Rizzo with 25.9%, Singh with 21.5%, and Levine with 3.2%.

Ciattarelli will face Gov. Phil Murphy (D) in the general election on Nov. 2, along with Gregg Mele (L), Joanna Kuniansky (Socialist Workers), Justin Maldonado (I), and David Winkler (I).

The general election will determine New Jersey’s trifecta status for the next four years. A Murphy victory would maintain Democratic trifecta control, while a Ciattarelli victory would create a divided government. Election forecasters expect the Democratic party to retain control of the state legislature.

As of June 1, two of the three major race rating outlets rated the general election as Solid Democratic, and the third rated it as Likely Democratic. Still, Republicans have had success in the state’s gubernatorial races in the recent past. Between 1992 and 2021, Republicans held the governorship for 16 years, and Democrats held the governorship for 14 years.

Newsom signature removal deadline passes; counties have until June 22 to verify the number of remaining signatures

June 8 was the deadline for voters who signed the petition to recall California Gov. Gavin Newsom (D) to request their names be removed from the petitions. County election offices now have until June 22 to report the number of remaining signatures to the California Secretary of State. If at least 1,495,709 signatures remain, the recall process will move forward. Supporters turned in 1,719,943 valid signatures by the March 17 submission deadline.

If sufficient signatures remain following the removal request deadline, the recall will be certified and move to a budgeting and scheduling phase. Based on the remaining procedural steps required by state law for the recall campaign, an election is likely to take place in October or November 2021.

Newsom was elected as California’s governor in 2018 with 61.9% of the vote. Since 1911, there have been 55 attempts to recall a sitting California governor. The only successful recall campaign was in 2003 when voters recalled then-Gov. Gray Davis (D). Arnold Schwarzenegger (R) was chosen as Davis’ replacement.

A recall election would present voters with two questions. The first would ask whether Newsom should be recalled from the office of governor. The second would ask who should succeed Newsom if he is recalled. A majority vote is required on the first question for the governor to be recalled. The candidate with the most votes on the second question would win the election, no majority required. In the 2003 recall of Davis, 135 candidates ran and the winner received 48.58 percent of the vote.

South Carolina ends COVID-19 emergency orders

South Carolina Gov. Henry McMaster (R) declined to extend the statewide COVID-19 state of emergency, allowing it to expire on June 6. McMaster first declared a state of emergency in response to the pandemic on March 13, 2020, and extended it every 15 days as required by South Carolina law.  

Governors and state agencies in all 50 states issued orders declaring active emergencies in response to the coronavirus pandemic. These orders allowed officials to access resources unavailable to them during non-emergencies, like stockpiles of medical goods and equipment, and to waive or suspend certain rules and regulations. Governors and state agencies relied on emergency power authority to enact lockdown and stay-at-home orders, mask mandates, and other restrictions on businesses and individuals.

South Carolina is the eighth state to end a statewide COVID-19 emergency. Before that, on June 4, New Jersey Gov. Phil Murphy (D) signed Assembly, No. 5820. This bill ended the statewide public health emergency while allowing Murphy to retain some emergency power authority related to vaccination efforts, testing, and coordination of local health departments. 

Statewide mask orders end in Illinois, Kentucky

Illinois Gov. J.B. Pritzker (D) moved the state to Phase 5 of reopening June 11, ending the statewide mask mandate. The state still requires masks in schools, public transit, hospitals, and congregate facilities like prisons and homeless shelters. Masks are also recommended in indoor public spaces for individuals who are not fully vaccinated. 

Kentucky Gov. Andy Beshear (D) ended the statewide mask requirement, remaining social distancing requirements, and all capacity restrictions June 11. However, vaccinated and unvaccinated people still have to wear masks on public transit, at schools, and in healthcare settings.

In total, 39 states issued statewide public mask requirements during the pandemic. As of June 11, 13 states had statewide mask orders, including 11 of the 23 states with Democratic governors and two of the 27 states with Republican governors. Of those 13 states, at least 11 exempted fully vaccinated people.

Virginia Democrats pick statewide nominees

Virginia Democrats picked their statewide nominees for governor, lieutenant governor, and attorney general on June 8. Democrats have won every statewide election in Virginia since 2012. 

Governor

Former Gov. Terry McAuliffe (D) defeated four candidates to win the gubernatorial nomination. McAuliffe received 62% of the vote, followed by former Del. Jennifer Carrol Foy (D) and state Sen. Jennifer McClellan (D), who received 20% and 12% of the vote respectively. Lieutenant Governor Justin Fairfax (D) and Del. Lee Carter (D) both received less than 5% of the vote. McAuliffe will face Glenn Youngkin (R) in the general election.

McAuliffe previously served as Governor of Virginia from 2014 to 2018. Virginia’s constitution prevents the governor from running for a second consecutive term, though former governors may serve non-consecutive terms. Mills Goodwin (D), elected in 1965 and 1973, is the most recent governor to serve non-consecutive terms.

This was the fourth contested Democratic gubernatorial primary in Virginia since 1977. It was also the largest Democratic primary field for a gubernatorial nomination in the state’s history. The outcome of this race will affect Virginia’s trifecta status. In 2019, Virginia became a Democratic trifecta after winning majorities in the state House and Senate. In addition to the statewide elections, all 100 House seats are up for election this year.

Lieutenant governor

Delegate Hala Ayala (D) defeated five other candidates to win the lieutenant gubernatorial nomination, receiving 39% of the vote, followed by Del. Sam Rasoul’s 25%. No other candidate received over 15% of the vote. Ayala will face Winsome Sears (R) in the general election.

Of the four lieutenant governors elected since 2002, three were Democrats, and one was a Republican. Two of them, Tim Kaine (D) and Ralph Northam (D), later became governor. The lieutenant governor is popularly elected every four years and, unlike the governor, may seek re-election.

Attorney general

Incumbent Mark Herring (D) defeated Del. Jerrauld “Jay” Jones to win the attorney general nomination. Herring received 56.5% of the vote to Jones’ 43.5%. Herring will face Del. Jason Miyares (R) in the general election.

Voters first elected Herring to the attorney general position in 2013. He won re-election in 2017 and is seeking re-election to a third consecutive term. No Virginia attorney general has served three consecutive terms since the 1945 re-election of Abram Penn Staples (D).

Illinois enacts state legislative, supreme court maps

Illinois became the first state to enact new district maps in this redistricting cycle on June 4, when Gov. J.B. Pritzker (D) signed into law new maps for the Illinois state Senate, the Illinois House of Representatives, and the Illinois Supreme Court.

Illinois’ five state supreme court districts were last redrawn in 1964. Cook County (home to Chicago) forms a single district, but it is allocated three seats on the seven-member court. Downstate Illinois is divided into four districts, each with one seat on the court. The state constitution allows state lawmakers to redraw supreme court districts at any time. According to The Chicago Tribune, “lawmakers have traditionally used boundaries for the circuit, appellate and Supreme Court laid out in a 1964 overhaul of the state’s court system.” 

In Illinois, the General Assembly is responsible for redistricting. On May 28, the General Assembly approved the state legislative redistricting plan (HB2777) and the supreme court redistricting plan (SB0642). 

Because the U.S. Census Bureau does not expect to deliver granular redistricting data to the states until mid-August, Illinois lawmakers used population estimates from the American Community Survey (ACS) to draft the new maps before the June 30 deadline set by the state’s constitution.

On June 9, Durkin and Senate Republican Leader Dan McConchie filed suit in U.S. district court, challenging the use of ACS data during the drafting process. The plaintiffs argue that “[ACS] estimates are not intended to be, and are not, a proper substitute for the official census counts.” They go on to allege that “because it uses ACS estimates for population data, the Redistricting Plan does not ensure that the Senate and Representative Districts satisfy the constitutional mandate of substantially equal populations [among districts].” They are asking the court to declare the enacted maps unconstitutional and to appoint either a bipartisan legislative commission or a special master (an outside expert) to draft new maps. 

It is not clear when lawmakers will begin the congressional redistricting process. The state constitution sets no deadline for congressional redistricting.

Texas Supreme Court Justice Eva Guzman resigns

Texas Supreme Court Justice Eva Guzman resigned on June 11. Guzman’s replacement will be Gov. Greg Abbott‘s (R) fifth nominee to the nine-member supreme court. At the time of Guzman’s resignation, all nine judges on the court identified with the Republican party. 

Governor Rick Perry (R) appointed Guzman in 2009. She was elected to a full term in 2010, becoming the first Latina woman elected to statewide office in Texas. Guzman was re-elected in 2016, defeating Democrat Savannah Robinson, 56% to 39%.

Before she was appointed to the state supreme court, Guzman served as a district judge for Texas’ 309th District Court and an appellate judge for Texas’ Fourteenth Court of Appeals.

Under Texas law, in the event of a midterm vacancy, the governor appoints a replacement. The Texas State Senate must then confirm the nominee. Appointees serve until the next general election, in which he or she must participate in a partisan election to remain on the bench for the remainder of the unexpired term.

Mike Nearman expelled from OR state House

The Oregon House of Representatives voted to expel state Rep. Mike Nearman (R) on June 10. Nearman’s colleagues expelled him due to video footage that showed him helping protesters, some of whom were armed, enter the state Capitol building on December 21, 2020. This led to a struggle between the protesters and police officers, causing injuries and property damage. 

The resolution to expel Nearman passed 59-1, with only Nearman voting against. According to Oregon Public Broadcasting, Nearman is the first person to have ever been expelled from the Oregon Legislature. 

Nearman was first elected to represent District 23 in the Oregon state House in 2014, defeating incumbent Jim Thompson (R) in the Republican primary. Before he entered politics, Nearman worked in software engineering and tech support. 

There have been 52 state legislative vacancies in 30 states so far in 2021. Thirty-seven of those vacancies have been filled. Two other state legislators have been expelled this year; Luke Simons (R-ND) and Rick Roeber (R-MO). 



Federal Tap: Senate confirms first Biden-appointed judges

Our weekly summary of federal news highlights Biden’s first judges confirmed by the U.S. Senate and Val Demings’ announcement that she’s running for the U.S. Senate seat from Florida. Read all about it in this week’s edition of the Federal Tap.

Status of the Federal Branches

Is Congress in session?

Both the House and Senate are in session next week. Click here to see the full calendar for the first session of the 117th Congress.

Is the Supreme Court in session?

The Supreme Court will not hear oral arguments next week. To learn about the 2020-2021 term, click here.

Where was the president last week?

  • On Monday and Tuesday, Biden remained in Washington, D.C.
  • On Wednesday, Biden delivered remarks to U.S. Air Force personnel and their families stationed at Royal Air Force Mildenhall, United Kingdom.
  • On Thursday, Biden participated in a bilateral meeting with U.K. Prime Minister Boris Johnson in Carbis Bay, United Kingdom.

What’s the latest with the federal judiciary?

  • 83 federal judicial vacancies
  • 15 pending nominations
  • 30 future federal judicial vacancies

U.S. Supreme Court accepts case for next term

The U.S. Supreme Court issued orders on June 7 emanating from their June 3 conference. The court accepted one new case to be argued during the upcoming 2021-2022 term: Federal Bureau of Investigation v. Fazaga. The case concerns the state-secrets privilege and originated from the U.S. Court of Appeals for the 9th Circuit. 

Three residents of Southern California who practice Islam filed a class-action lawsuit in U.S. district court against the Federal Bureau of Investigation (FBI). They alleged that the FBI paid a confidential informant to surveil Muslims based solely on their religious identity for more than a year as part of a counterterrorism investigation and that the program included unlawful searches and anti-Muslim discrimination. The FBI asserted the state-secrets privilege and moved to dismiss the case. The district court dismissed all but one of the plaintiffs’ claims. On appeal, the 9th Circuit upheld in part and reversed in part the district court’s judgment and remanded the case for further proceedings to review the case’s evidence for privilege.

To date, the court has accepted 19 cases for argument next term. Including FBI v. Fazaga, the court has granted review in four cases originating from the 9th Circuit. 

SCOTUS issues rulings in two cases

The U.S. Supreme Court has issued rulings in two cases. Sanchez v. Mayorkas was decided on Monday, June 7, and Borden v. United States was decided by the court on Thursday, June 10.

Sanchez v. Mayorkas concerned grants of Temporary Protected Status (TPS) to non-citizens. In a unanimous ruling, SCOTUS upheld the U.S. Court of Appeals for the 9th Circuit’s ruling, holding that a TPS recipient who unlawfully entered the country is not eligible for lawful-permanent-resident (LPR) status solely based on their TPS grant. Justice Elena Kagan authored the court’s majority opinion. 

Borden v. United States concerned the “use of force” clause in the Armed Career Criminal Act (ACCA). In a 5-4 opinion, the court reversed the U.S. Court of Appeals for the 6th Circuit’s ruling and remanded the case for further proceedings, holding that a reckless offense cannot qualify as a “violent felony” if it only requires a mens rea of recklessness–a less culpable mental state than purpose or knowledge. Justice Elena Kagan delivered the court’s majority opinion, joined by Justices Stephen Breyer, Sonia Sotomayor, and Neil Gorsuch. Justice Clarence Thomas filed a concurring opinion. Justice Brett Kavanaugh filed a dissenting opinion, joined by Chief Justice John Roberts and Justices Samuel Alito and Amy Coney Barrett.

To date, the court has decided 44 cases, and 21 are yet to be decided this term.

Senate confirms first Biden-appointed judges

Last week, the U.S. Senate confirmed three of President Joe Biden’s (D) federal judicial nominees to Article III courts, marking the first federal judicial confirmations of the Biden administration. Two were confirmed on June 8, and one nominee was confirmed on June 10.

  • Julien Xavier Neals, U.S. District Court for the District of New Jersey, by a 66-33 vote.
  • Regina Rodriguez, U.S. District Court for the District of Colorado, by a 72-28 vote.
  • Zahid Quraishi, U.S. District Court for the District of New Jersey, by an 81-16 vote.

The three confirmed nominees were officially nominated by Biden on April 19 and had their nomination hearings before the Senate Judiciary Committee on April 28. Each of the nominees was rated as well qualified by the American Bar Association.

The confirmed nominees will join their respective courts upon receiving their judicial commissions and taking their judicial oaths.

Ballotpedia’s polling index shows presidential approval at 53%, congressional approval at 26%

Ballotpedia’s polling index showed President Joe Biden (D) at 53% approval and 41% disapproval as of June 11. At this time last month, his approval rating was also at 53%.

The highest approval rating Biden has received during his tenure is 55%, last seen on May 26. The lowest approval rating he has received is 51% on March 29.

Congressional approval is at 26%, and disapproval is at 60%, according to our index. At this time last month, congressional approval was at 30%.

The highest approval rating the 117th Congress has received is 30%, last seen on May 11. The lowest approval rating it has received is 20%, last seen on March 3.

At this time during the tenure of former President Donald Trump (R), presidential approval was at 42%, and congressional approval was at 18%. To see more comparisons between Biden and Trump administration polling, click here.

Demings announces run for U.S. Senate from Florida

U.S. Rep. Val Demings (D) officially announced her candidacy for the U.S. Senate on June 9. Demings currently represents Florida’s 10th Congressional District. Marco Rubio (R) is Florida’s incumbent U.S. Senator who is up for election in 2022. He was first elected to the Senate in 2010.

Demings announced she was running in a three-minute video in which she discussed how her upbringing and experiences had given her “tireless faith that things can always get better.” Demings said in the video, “I have never tired of representing Florida. Not for one single moment.”

Demings first ran for Florida’s 10th Congressional District seat in 2012, losing to incumbent Daniel Webster (R), 51% to 48%. She ran again in 2016 to represent District 10 after Webster decided to run in the 11th District. Demings defeated Thuy Lowe (R), 65% to 35% in 2016. She was re-elected in 2018 and 2020.

Demings is the 12th member of the House of Representatives to announce they are retiring or seeking another office. Six of those are Democrats, and six are Republicans. Demings is one of four members who are seeking a seat in the U.S. Senate.

Biden makes first overseas trip to Europe as president

President Joe Biden (D) began his first trip abroad as president on June 9 with a trip to the United Kingdom, where he met British Prime Minister Boris Johnson the following day. Biden will remain overseas until June 16. Here’s the rest of his schedule:

  • June 11-13: Biden will attend the G7 summit and hold bilateral meanings with other G7 leaders. He will also meet with Queen Elizabeth II.
  • June 14: Biden will be in Brussels, meeting with NATO leaders and holding a private session with Turkish President Tayyip Erdogan.
  • June 15: Biden will continue to attend NATO meetings before flying to Geneva.
  • June 16: Biden will meet with Russian President Vladimir Putin. 



Massachusetts voters will decide measure in 2022 creating additional income tax on income above $1 million

On June 9, the Massachusetts General Court convened a joint session and passed Senate Bill 5 (SB 5) by a vote of 159-41, which sent an increase in the state’s income tax for top earners to state voters in 2022.

SB 5 is a constitutional amendment that would create an additional 4% income tax on income above $1 million, increasing the rate from 5% to 9%. The additional tax revenue would be dedicated “to provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges, and public transportation.” Currently, Massachusetts is one of nine states with a flat income tax rate (5%).

The amendment would also authorize the $1 million threshold to be adjusted according to any changes in the cost of living in Massachusetts using the same method used to establish federal income tax brackets. The tax would take effect on January 1, 2023.

The amendment is identical to a 2018 citizen initiative that initially qualified for the ballot but was later removed by the Massachusetts Supreme Court following a lawsuit where they ruled that the measure violated a provision of the state constitution that requires an initiative “contains only subjects … which are related or which are mutually dependent.” The ballot initiative, according to the ruling, encompassed two subjects—a tax and a dedication of revenue, which were not mutually dependent in their judgment. The state’s single-subject rule does not apply to legislative referrals.

Representative James O’Day (D) introduced House Bill 86 (HB 86) during the 2019 legislative session. In Massachusetts, both chambers of the state General Court meet as a single convention to vote on amendments to the Massachusetts Constitution. An amendment needs to receive the vote of 101 of 200 state legislators during two successive sessions to appear on the ballot. During the 2019 legislative session, the bill was approved by a vote of 147 to 48 with five Democratic members absent or not voting. During the joint session convened Wednesday, the bill was approved by a vote of 159-41. All but one Republican, Sen. Patrick O’Connor, voted against the amendment, and all but nine Democrats favored it. The sole Independent member, Rep. Susannah Whipps, voted in favor of it.

On the eve of the vote, Democratic Representatives James O’Day and Jason Lewis wrote, “The reason why the Fair Share Amendment is so popular is that most people recognize that our wealthiest residents can afford to pay a bit more in taxes to help fund investments that expand opportunity and make our Commonwealth more just and equitable for all. … In fact, investments in a stronger education system and improved transportation infrastructure will strengthen our economy, expand opportunity, and make Massachusetts an even more desirable place to live, work, raise a family, and build a business.”

Raise Up Massachusetts, the non-profit coalition that sponsored the 2018 amendment, tweeted after the vote Wednesday, “We applaud the state legislature for their vote and thank our many grassroots partners for making this possible.”

In opposition to the amendment, Christopher Carlozzi, state director of the National Federation of Independent Business (NFIB) in Massachusetts, said, “A millionaire’s tax could also send wealthy people fleeing the state and leave Massachusetts with less revenue, which would place a financial burden upon the remaining residents who would see taxes go up, small business owners included.” 

The amendment is the first ballot measure to be referred to statewide ballots in Massachusetts. Between 1962 and 2020, Massachusetts voters decided on 11 ballot measures related to state income tax. Nine measures were defeated, and two were approved.

Additional reading:



Two state legislative incumbents defeated in New Jersey primary elections, a decade-high

Two members of New Jersey’s General Assembly lost to primary challengers on June 8, 2021, a decade-high number for the legislature.

Serena DiMaso (R) in the multi-member District 13 lost to Gerard Scharfenberger (R) and Victoria Flynn (R). Nicholas Chiaravalloti (D) from Assembly District 31 unofficially withdrew from the race before the primary, but his name remained on the ballot.

The Democratic primary in Assembly District 18 and the Republican primary in District 26, both featuring two incumbents each, remain too close to call as of June 11.

All four state Senate incumbents facing primary challenges won.

Primary defeats for incumbents in the New Jersey State Legislature are uncommon. Before 2021, only one state legislative incumbent had lost in a primary election: Assm. Joe Howarth (R) in 2019. No incumbent state Senator has lost in a primary since 2003.

In addition to the two primary defeats, five Democrats and three Republicans chose not to seek re-election in the General Assembly. In the state Senate, one Democrat and three Republicans opted against re-election.

Use the following links to learn more about New Jersey’s 2021 state legislative elections:



Decade-high number of incumbents defeated in Virginia House of Delegates primaries

Challengers defeated a decade-high four incumbents in the June 8 primaries for Virginia’s House of Delegates. Those incumbents are:

• Charles Poindexter (R) – House District 9

• Mark Levine (D) – House District 45

• Lee Carter (D) – House District 50

• Steve Heretick (D) – House District 79

These House incumbents were the first to lose in primaries since 2015, when two incumbents lost to challengers. Two incumbents also lost in the 2013 primaries, and none lost in 2011.

Two of the four incumbents—Levine and Carter—also appeared on statewide primary ballots. Levine was a candidate for lieutenant governor and Carter was a candidate for governor. Both lost in their respective statewide primaries, as well.

The Democratic primary in House District 86 between incumbent Del. Ibraheem Samirah and Irene Shin is too close to call as of June 11.

In addition to the four incumbents defeated in primary elections, six incumbents—one Democrat and five Republicans—did not seek re-election, meaning at least ten newcomers will be elected to the 100-person chamber in November.

Democrats currently hold a 55-45 majority in the chamber following its flip in 2019. Fifty Democratic incumbents and 39 Republicans are slated to appear on general election ballots in November.

To learn more about Virginia’s 2021 House of Delegates elections, click here: Virginia House of Delegates elections, 2021



Redistricting review: Illinois enacts state leg., supreme court maps

On June 4, Gov. J.B. Pritzker (D) signed into law new maps for the Illinois state Senate, the Illinois House of Representatives, and the Illinois Supreme Court, making Illinois the first state to enact new district maps in this redistricting cycle.

Upon signing the maps into law, Pritzker said, “Illinois’ strength is in our diversity and these maps help to ensure that communities that have been left out and left behind have fair representation in our government. These district boundaries align with both the federal and state Voting Rights Acts, which help to ensure our diverse communities have electoral power and fair representation.” House Minority Leader Jim Durkin (R), who voted against the new maps, said, “Gov. Pritzker, you sold out. You sold out independents, you sold out Republicans, you sold out Democrats, to the partisan Democrat machine which has destroyed Illinois.”

State supreme court districts were last redrawn in 1964. Illinois is divided into five supreme court districts. Cook County (home to Chicago) forms a single district, but it is allocated three seats on the seven-member court. Downstate Illinois is divided into four districts, each with one seat on the court. The state constitution allows state lawmakers to redraw supreme court districts at any time. However, according to The Chicago Tribune, “lawmakers have traditionally used boundaries for the circuit, appellate and Supreme Court laid out in a 1964 overhaul of the state’s court system.” 

In Illinois, the General Assembly is responsible for redistricting. Maps are subject to gubernatorial veto. Illinois is a Democratic trifecta, meaning that Democrats control the governorship and majorities in both chambers of the General Assembly. The General Assembly approved the state legislative redistricting plan (HB2777) and the supreme court redistricting plan (SB0642) on May 28. In both chambers, the votes split along party lines, with all Democrats voting ‘yea’ and all Republicans present voting ‘nay.’

Because the U.S. Census Bureau does not expect to deliver granular redistricting data to the states until mid-August, and in light of the state constitution’s June 30 deadline for state legislative redistricting, Illinois lawmakers used population estimates from the American Community Survey to draft the new maps.

It is not clear when lawmakers will begin the congressional redistricting process. The state constitution sets no deadline for congressional redistricting.

Additional reading:



Documenting America’s Path to Recovery #265: June 11, 2021

Welcome to Documenting America’s Path to Recovery. Today we look at:

  • Mask requirements ending in Illinois and Kentucky
  • Pandemic-related unemployment benefits ending in Alaska, Iowa, Mississippi, and Missouri
  • COVID-19 policy changes from this time last year 

We are committed to keeping you updated on everything from mask requirements to vaccine-related policies. We will keep you abreast of major developments—especially those affecting your daily life. Want to know what we covered yesterday? Click here.

The next 72 hours

What is changing in the next 72 hours?

Alaska (divided government): The state will stop participating in pandemic-related federal unemployment benefit programs starting June 12. Gov. Mike Dunleavy (R) made the announcement May 14.

Iowa (Republican trifecta): The state will stop participating in pandemic-related federal unemployment benefit programs starting June 12. Gov. Kim Reynolds (R) made the announcement May 10.

Kansas (divided government): All state government offices will return to in-person operations starting June 13. Masks will still be required in state buildings.

Mississippi (Republican trifecta): The state will stop participating in pandemic-related federal unemployment benefit programs starting June 12. Gov. Tate Reeves (R) made the announcement May 10.

Missouri (Republican trifecta): The state will stop participating in pandemic-related federal unemployment benefit programs starting June 12. Gov. Mike Parson (R) made the announcement May 11. 

Vermont (divided government): On June 11, Gov. Phil Scott (R) announced there would be new walk-in vaccination clinics open across the state over the weekend. A full list of vaccination sites can be found here.

Since our last edition

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

Illinois (Democratic trifecta): The state is entering Phase 5 of reopening June 11. The statewide mask requirement is ending, and all remaining businesses and events can expand to full capacity.

Kentucky (divided government):

  • Gov. Andy Beshear (D) is ending the statewide mask requirement, remaining social distancing requirements, and all capacity restrictions June 11. 
  • Senior centers in the state will reopen at full capacity on June 11.

North Carolina (divided government): On June 10, Gov. Roy Cooper (D) announced a vaccine incentive program that will run from June 23 to Aug. 4. Adults who receive a vaccination starting on June 10 will be entered into four drawings for a $1 million cash prize, and people between the ages of 12 and 17 will be entered into four drawings for a $125,000 scholarship prize towards the post-secondary education of their choice.

Pennsylvania (divided government): 

  • The General Assembly voted to end Gov. Tom Wolf’s (D) coronavirus emergency declaration June 10. HR106 passed 30-20 in the state Senate June 10. The state House voted 121-81 to approve the Senate version later in the day. The change is effective immediately. Wolf already ended all remaining mitigation measures May 31 except the requirement for unvaccinated individuals to wear masks indoors. HR106 does not affect the health secretary’s authority to require masks. 
  • Voters passed two ballot measures on May 18 to limit a governor’s emergency powers. Pennsylvania governors can now only issue 21-day state of emergency orders. After 21 days, the General Assembly can extend or end emergency orders through a majority vote. Previously, the legislature needed a two-thirds majority to overturn an emergency order.

Rhode Island (Democratic trifecta): Gov. Dan McKee (D) extended the state’s coronavirus emergency order until July 9.

This time last year: Thursday, June 11, 2020

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

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

Thursday, June 11, 2020:

  • Travel restrictions
    • Hawaii Gov. David Ige (D) extended the quarantine requirement for out-of-state and returning travelers through July 31. Ige first issued the two-week quarantine requirement on March 17.
  • Election changes:
    • Louisiana Gov. John Bel Edwards (D) signed HB167 into law, extending the deadline for a ballot-qualified party to notify the state of its presidential nominee from Aug. 18 to Aug. 25.