Early voting centers opened in 15 counties in California for the recall election targeting Gov. Gavin Newsom (D) will close on Sept. 10. The election is on Sept. 14.
The counties holding early voting are participating in the Voter’s Choice Act (VCA), which Gov. Jerry Brown (D) signed in 2016. The VCA replaced traditional polling places with vote centers offering additional in-person services. Five counties participated in the VCA in 2018 and all California counties were able to opt in to the VCA beginning in 2020.
According to the secretary of state’s office, these early voting centers offer voter registration, replacement ballots, accessible voting machines, and language assistance. The map below highlights the counties participating in this system. To find early voting and ballot drop locations, click here.
The recall election will present voters with two questions. The first will ask whether Newsom should be recalled from the office of governor. The second will 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.
Forty-six candidates, including nine Democrats and 24 Republicans, are running in the election. The candidates to receive the most media attention and perform best in polls so far are YouTuber Kevin Paffrath (D), 2018 gubernatorial candidate John Cox (R), radio host Larry Elder (R), former San Diego Mayor Kevin Faulconer (R), California State Board of Equalization member Ted Gaines (R), former Olympian and television personality Caitlyn Jenner (R), and Assemblyman Kevin Kiley (R).
On Sept. 7, the Minneapolis City Council held an emergency meeting to adopt language for a citizen-initiated measure to replace the Minneapolis Police Department (MPD) with a Department of Public Safety (DPS). The 12-1 vote came hours after District Court Judge Jamie Anderson struck down the then-existing language as “vague to the point of being misleading.” Sept. 7 was also the deadline for the ballot to be finalized for printing ahead of the election on Nov. 2, 2021.
The language that Judge Anderson enjoined was a 47-word question. The new language includes a 110-word question and an additional 73-word statement addressing several topics not mentioned in the prior version, including:
the DPS employing a “comprehensive public health approach,” with functions determined via ordinance;
the mayor and council, rather than just the mayor, being involved in maintaining and commanding the department; and
the elimination of the police chief and police minimum funding requirement from the city’s charter.
The City Council also changed the phrase strike and replace the MPD with a DPS to remove and replace the MPD with a DPS. Both versions state that the DPS would include licensed police officers should officers be considered necessary.
Judge Anderson said that ambiguities in the prior ballot question “risk creating a ‘chaotic situation’ in Minneapolis.” There were three issues, in particular, that Judge Anderson said were ambiguous: (1) whether the Minneapolis Police Department will cease to exist as of Dec. 2, 2021; (2) whether the position of police chief would be eliminated; and (3) whether a funding mechanism would exist for the new Department of Public Safety.
The citizen-initiated ballot measure followed the Minneapolis City Council’s attempt to craft an ordinance replacing the MPD following the death of George Floyd on May 25, 2020. Derek Chauvin, the police officer who killed Floyd, was charged and sentenced for murder and manslaughter. The Minneapolis City Council approved legislation for a ballot in 2020, but, on Aug. 5, 2020, the city’s charter commission voted 10-5 to take an additional 90 days to evaluate the proposal and not send the proposal back to the City Council, blocking the measure from appearing on the ballot in 2020.
In 2021, the campaign Yes 4 Minneapolis launched a ballot initiative to replace the MPD. Kandace Montgomery, director of Black Visions Collective, is the board chairperson of Yes 4 Minneapolis, and JaNaé Bates, a theologian and communications director of ISAIAH, is the campaign’s communications director. Through July 27, 2021, Yes 4 Minneapolis had received $1.48 million, including $500,000 from Open Society Policy Center and $430,383 from MoveOn.
The ballot initiative has the support of U.S. Rep. Ilhan Omar (D-5) and Minnesota Attorney General Keith Ellison (D). Opponents include U.S. Sen. Amy Klobuchar (D), U.S. Rep. Angie Craig (D-2), Gov. Tim Walz (D), and Mayor Jacob Frey (D). A campaign called All of Mpls is opposing the proposal. Through July 27, All of Mpls raised $109,465.
The ballot initiative is one of three policing-related local measures on the ballot for Nov. 2, 2021, that Ballotpedia is covering. The others include a ballot initiative in Austin, Texas, to require a minimum number of police officers; and a ballot initiative in Cleveland, Ohio, to create a commission to oversee police misconduct investigations and discipline.
On Aug. 27, 2021, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit unanimously affirmed a lower court’s decision finding that a Georgia law requiring voters to pay the price of postage for returning absentee/mail-in ballots does not constitute an illegal poll tax. The plaintiffs had argued that requiring absentee/mail-in voters to pay the price of postage amounted to levying a poll tax, violating the Fourteenth and Twenty-Fourth Amendments to the United States Constitution. The defendants (state and local election officials) moved to dismiss. A U.S. District Court granted the motion to dismiss, citing “[t]he fact that any registered voter may vote in Georgia on election day without purchasing a stamp, and without undertaking any ‘extra steps’ besides showing up at the voting precinct and complying with generally applicable election regulations.” The plaintiffs then appealed to the Eleventh Circuit.
The Eleventh Circuit panel—comprising Judges Elizabeth Branch (a Donald Trump (R) appointee), Britt Grant (another Trump appointee), and Edward Carnes (a George H.W. Bush (R) appointee)—unanimously affirmed the lower court’s ruling. Branch, writing for the court, said, “While voting often involves incidental costs like transportation, parking, child care, taking time off work, and—for those who choose to vote absentee by mail—the cost of a postage stamp, those incidental costs do not mean that Georgia has imposed an unconstitutional poll tax or fee on its voters.”
In response to the ruling, Sean Young, legal director for the Georgia affiliate of the American Civil Liberties Union (which was involved in the suit on behalf of the plaintiffs), said, “We are disappointed in the outcome. The ACLU of Georgia will continue to protect the sacred fundamental right to vote.” Regarding the possibility of an appeal to the Supreme Court of the United States, Young said, “All legal options remain on the table.”
Welcome to the Wednesday, September 8th, Brew. Here’s what’s in store for you as you start your day:
Today in ballot measure history: North Carolina voters approve four constitutional amendments, North Dakota voters consider seven
Texas Legislature refers constitutional amendment to May 2022 ballot
August 2021 breakdown of state legislative party membership
Today in ballot measure history: North Carolina voters approve four constitutional amendments, North Dakota voters consider seven
Sixty-five years ago today, on Sept. 8, 1956, voters in North Carolina approved four amendments to the state constitution. The General Assembly referred each measure to the ballot. Here’s a quick look at what voters approved.
Amendment 1 guaranteed state legislators compensation of $15 for each day the legislature was in session up to 120 days, the equivalent of $149.45 in 2021 dollars. Floor leaders were guaranteed compensation of $20. The amendment was approved 71.3% to 28.7%, the narrowest of any of the four. Today, North Carolina state legislators receive a per diem of $104 in addition to a $13,951 annual salary.
Amendment 2 required the biennial legislative session to begin on the first Wednesday after the first Monday in February. The amendment was approved 81.9% to 18.1%.
Amendment 3 was approved 85.4% to 14.6%. It allowed married women to execute any powers of attorney their husbands specified.
The Special Session Amendment was approved 82.3% to 17.8%. This amendment gave the state government authority to provide funds to help cover the cost of private education and provided a system for residents to call a local election to forbid local private schools from participating in the funding program. The amendment was part of a series of measures known as the Pearsall Plan that shared the objective of limiting court-mandated racial integration of North Carolina schools.
Nearly 20 years later, on Sept. 7, 1976, voters in North Dakota would consider seven constitutional amendments. The state legislature referred all but one of the amendments to the ballot.
Voters approved five of those amendments, including a district residency requirement for state senators, an amendment specifying a time when the state’s legislative session should meet, and an amendment allowing for limited forms of gambling.
Amendment 5, which voters rejected 62.1% to 37.9%, would have abolished the office of superintendent of public instruction and created a board of public education and a board of higher education. The other rejected amendment would have set a hard cap on the legislature’s spending between 1975 and 1979. Today, all 50 states have a statewide superintendent of public instruction, and the position is elected in 12.
Texas Legislature refers constitutional amendment to May 2022 ballot
Speaking of ballot measures, here’s an interesting development from this year’s landscape.
Texas voters will decide on whether to amend the state constitution to reduce property tax rates for elderly and disabled residents in a May 2022 referendum. The state legislature voted to approve the amendment for the ballot on Aug. 26.
This is the first ballot measure to appear on an even-numbered year’s ballot in Texas since 2014. Between 1985 and 2020, there were 10 measures on the Texas ballot in even-numbered years and 251 in odd-numbered years.
State Sen. Paul Bettencourt (R), the author of the amendment, said there had not been enough funding to pass the bill during the regular session and the walkout House Democrats carried out earlier in the summer had delayed the special session’s consideration of the bill. Bettencourt said had the walkout not occurred, the amendment could have been on the November 2021 ballot.
Under Texas law, school property taxes are frozen for property owners when they turn 65 and for disabled owners when they acquired the property. However, because the state approved a reduction in property tax rates in 2019, many elderly and disabled Texans now pay school property tax at higher rates. The amendment on the ballot would reduce those rates to match the statewide cuts.
In the state Senate, all 18 Republicans and 11 of the 13 Democrats voted to approve the measure. In the state House, 80 of the 82 Republicans and 36 of the 66 Democrats voted in favor. No state legislators voted against the measure.
Legislators from both parties criticized the process involved in getting the amendment to the ballot. State Rep. Donna Howard (D) said she had proposed a similar amendment during the regular session and that the Republican majority had defeated it.
August 2021 breakdown of state legislative party membership: 54.26% Republicans, 44.72% Democrats
54.26% of all state legislators are Republicans, and 44.72% are Democrats, according to Ballotpedia’s August partisan count of the nation’s 7,383 state legislators.
Ballotpedia tallies the partisan balance of state legislatures at the end of every month. Partisan balance refers to which political party holds a majority in each chamber. Republicans control 61 chambers, while Democrats hold 37. The Alaska House of Representatives is the nation’s only chamber with a multipartisan power-sharing coalition.
Nationally, state legislatures have 1,957 state senators and 5,363 state representatives. Democrats hold 863 state Senate seats and 2,439 state House seats, a loss of four seats in each chamber since the end of July. Republicans hold 4,006 of the 7,383 total state legislative seats—1,091 state Senate seats (a gain of one since July) and 2,915 state House seats (a decrease of five).
Independent or third-party legislators hold 39 seats, of which 32 are state House seats, and seven are state Senate seats. There are 36 vacancies.
During August, Democrats saw a net decrease of eight seats, and Republicans saw a net decrease of four seats. Compared to August 2020, state legislatures are 2.06% less Democratic (46.78% to 44.72%) and 2.26% more Republican (52.00% to 54.26%).
Maryland Court of Appeals Chief Justice Mary Ellen Barbera is retiring on Sept. 10, upon reaching the state court’s mandatory retirement age of 70 years. Governor Larry Hogan (R) appointed Steven Gould to succeed Barbera on the court on Sept. 3. Gould was Hogan’s fifth nominee to the seven-member supreme court.
Gould is a judge of the Maryland Court of Special Appeals. Gould was appointed to the court by Hogan in 2019. Prior to becoming an appellate judge, Gould was a founding partner of Brown Gould Kiely, LLP.
Under Maryland law, midterm vacancies on the state supreme court are filled via the assisted appointment method. The Maryland Judicial Nominating Commission screens candidates and submits a shortlist to the governor. The governor then appoints a judge from the list. The appointee must be confirmed by the Maryland State Senate. After serving for one year, judges must stand for retention in the next general election if they wish to remain on the court. If retained, a judge is elected to a full 10-year term.
Chief Justice Barbera joined the court in 2008 following an appointment by Governor Martin O’Malley (D). Before serving on the state supreme court, Barbera served as a judge on the Maryland Court of Special Appeals. She served as a law clerk for Court of Special Appeals Judge Robert Karwacki in 1984. In 1985, she became an assistant attorney general. From 1989 to 1998, Barbera worked for the Office of the Attorney General as the deputy chief of the Criminal Appeals Division. Barbera then served as legal counsel to the governor’s office from 1998 until her appointment to the Court of Special Appeals.
Following Barbera’s retirement, the Maryland Court of Appeals will include the following members:
In 2021, there have been 16 court vacancies in 14 of the 29 states where replacement justices are appointed instead of elected. The vacancies have been caused by retirements.
Regulatory scrutiny over ESG-related sustainability claims intensifies
As was noted in last week’s newsletter, the SEC is investigating DWS (the asset management arm of Deutsche Bank) for alleged ESG-related fraud—claims DWS rejects. Many ESG observers believe that the DWS probe is the beginning of a larger SEC crackdown on potentially deceptive ESG promises. On September 1, for example, Bloomberg Green noted the following:
“Pressure is increasing on managers of ESG-labeled investment funds to show they’re being truthful with customers about what they’re selling.
The heat was really turned up last week when the U.S. Securities and Exchange Commission and BaFin, Germany’s financial regulator, initiated a probe into allegations that Deutsche Bank AG’s DWS Group asset-management arm has been misstating the environmental—and possibly the social—credentials of some of its ESG-labeled investment products. Regulators have signaled the review is at an early stage, and DWS has rejected claims it overstated ESG assets.
Since then, researchers have raised questions about the credentials of money managers who claim they are marketing funds designed to address the climate crisis and social injustice.
A London-based nonprofit called InfluenceMap said more than half of climate-themed funds are failing to live up to the goals of the Paris Agreement….
InfluenceMap found that 55% of funds marketed as low carbon, fossil-fuel free and green energy exaggerated their environmental claims, and more than 70% of funds promising ESG goals fell short of their targets.
The SEC formed a task force in March aimed at investigating potential misconduct related to companies’ sustainability claims. Gary Gensler, who took over the agency in April, has said his staff is working on a rule to boost climate disclosures by stock issuers, and that the regulator remains focused on ESG issues.”
On September 3, Bloomberg’s market-news division reported that asset management firms didn’t have to wait long to learn whether DWS would be a one-off investigation or the start of a trend on the federal government’s part:
“U.S. regulators have long said they’re dubious about the green and socially conscious labels that Wall Street applies to $35 trillion in so-called sustainable assets. Now, the watchdogs are hunting for proof that they’re right.
For several months, Securities and Exchange Commission examiners have been demanding that money managers explain the standards they use for classifying funds as environmental, social and governance-focused, said people familiar with the matter. The review is the SEC’s second into possible ESG mislabeling since last year — showing the issue is a priority for the agency and a reason for the industry to worry about a rash of enforcement actions.
The SEC is following the money: Few businesses are booming in high finance like sustainable investing, as governments, pension plans and corporations all seek to lower their carbon footprints and be better public citizens. Amid the rush for dollars, more and more ESG insiders have started sounding alarms that a lot of the marketing is hype, a term known in the industry as greenwashing.
Letters that the SEC sent out earlier this year point to some of the agency’s top concerns, said the people who asked not to be named because the correspondence isn’t public.
Investment advisers were asked to describe in painstaking detail the screening processes they use to ensure assets are worthy of ESG designations, one of the people said. The SEC also wants to know how firms are grappling with different jurisdictions’ requirements. For instance, Europe has specific standards that money managers must adhere to in making sure assets are green or sustainable. But in the U.S., it’s much murkier.
Another SEC query sought information about ESG compliance programs, policies and procedures, a different person said. The SEC additionally asked about statements made by managers in their marketing materials or regulatory filings.
The SEC has shown it’s keen to bring cases, forming a taskforce of enforcement lawyers in March whose focus includes fund managers’ ESG disclosures.”
Both of these stories followed an August 26 piece published by MarketWatch (a Dow Jones & Company financial news site), also suggesting that the DWS matter would be the start of a something longer:
“This is the first of many more to come,” Amy Lynch, a former SEC regulator and president of FrontLine Compliance, told MarketWatch. “The SEC has been letting the industry know that this is an area they’re looking into for the past year. They’ve given every warning.”…
Under the chairmanship of Gary Gensler, the SEC has made it a top priority to regulate what public companies must disclose about risks related to climate change and the environment, new information about its workforce policies and other policies that impact social issues.
At the same time, it has telegraphed its intention to hold investment managers responsible for clearly disclosing the principles they use to develop sustainable investment funds.
“When it comes to sustainability-related investing…there’s currently a huge range of what asset managers might mean by certain terms and what criteria they use,” Gensler said in a speech last month. “I think investors should be able to drill down to see what’s under the hood of these funds.”
Meanwhile, in the United Kingdom
On September 5, London’s Mail on Sunday newspaper reported that British Prime Minister Boris Johnson has decided to heed the advice of Tariq Fancy’s advice to make climate change finances issues a government matter, while, at the same time, maintaining the idea that investments can power a more sustainable economy. Fancy is a former CIO for sustainability at BlackRock, who has spoken publicly about his belief that ESG investing is, at best, in his view, what he describes as a dangerous distraction. The paper reported that:
“Boris Johnson will meet pension and insurance bosses in Downing Street next month to thrash out plans to channel billions of pounds of retirement funds into ‘green’ projects.
A source said there will be in-depth discussions about how pension cash can be diverted into initiatives such as installing solar panels in homes and providing charging points for electric cars.
More than £1trillion is sitting in defined contribution pensions – including workplace schemes.
The Government is hoping to unlock more of this to invest in Britain’s green economy and ‘build back better’ initiative. Another £2trillion is in annuities and defined benefit schemes.
The agenda is expected to include more detail on funnelling pension money into various projects to reach ‘net zero carbon’ by 2050 – the commitment to reduce greenhouse gases to offset carbon emissions in order to combat climate change.
Sources said the trade body the Association of British Insurers is separately meeting with City Minister John Glen this week to talk over the new push.
A source said: ‘This needs a scheme, and the Government is probably best placed to do it because you need a supply chain lined up including investment and the people to implement projects. There is a need to coordinate and get the right types of projects going.’
But the plans are expected to spark controversy as many of these investments are illiquid – meaning they are difficult to buy and sell – which could leave pension savers with some of their cash trapped in assets.”
In the Spotlight
Wages before sustainability?
For much of its history, ESG has been nearly synonymous with the idea of what is often called by its advocates sustainable investing. However, according to a recent study by Cerulli Associates, an American asset management research company based in Boston, when affluent American retail investors identify the factors that most influence their investment decisions, they prefer companies that pay what they deem are fair wages over companies that are keenly environmentally aware. It’s not that they don’t appreciate environmental friendliness, according to the study. It’s just that they appreciate what they deem the fair treatment of workers more:
“While the majority (53%) of affluent respondents indicate that investing in an environmentally responsible firm is important to them, 65% of respondents favor investments in companies that pay their workers a fair/living wage. “This result highlights one of the biggest challenges in promoting ESG or sustainable investing products,” says Smith. “When presented with these offerings, investors and advisors get hung up on the ‘E’ and rarely consider the ‘S’ or ‘G.’” Particularly notable in these results are indications of interest 16 to 25 percentage points higher among respondents in the three oldest cohorts compared with their overall ESG interest levels.”
Welcome to Documenting America’s Path to Recovery. Today we look at:
Changes in coronavirus restrictions in Nevada
An extended vaccine incentive initiative in Wisconsin
Vaccine distribution
Lawsuits about state actions and policies
State-level mask requirements
COVID-19 emergency health orders
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 Thursday? Click here.
Since our last edition
What rules and restrictions are changing in each state? For a continually updated article, click here.
On Sept. 4, Gov. Jared Polis (D) extended a coronavirus executive order that gives tenants with pending applications for rental assistance 30 days to make late rent payments.
On Sept. 2, Polis (D) announced that primary care providers can receive grant funding to support coronavirus vaccination efforts. Polis also announced a testing incentive program for students in Colorado. Students who have opted in to the testing program can receive a $25 gift card for their first coronavirus test, and a $10 gift card for each subsequent test.
Connecticut (Democratic trifecta): On Sept. 3, Gov. Ned Lamont (D) extended the full vaccination deadline for staff in long-term care facilities to Sept. 27. The original deadline was Sept. 7.
Illinois (Democratic trifecta): On Sept. 3, Gov. J.B. Pritzker (D) extended the first dose vaccination deadline for healthcare workers, teachers, and school staff to Sept. 19. The original deadline was Sept. 5.
Kentucky (divided government): On Sept. 7, a special session of the Kentucky State Legislature began to discuss the extension of the state’s coronavirus state of emergency, the governor’s authority to issue indoor mask requirements, and other coronavirus-related issues. Gov. Andy Beshear (D) called the session on Sept. 4.
Maine (Democratic trifecta): On Sept. 2, Gov. Janet Mills (D) extended the full vaccination deadline for healthcare workers to Oct. 29. The previous deadline was Oct. 2.
Nevada (Democratic trifecta): On Thursday, Sept. 2, Gov. Steve Sisolak (D) issued an order allowing conventions with more than 4,000 people not to require masks if all attendees are fully vaccinated. Under the rules, organizers who require proof of vaccination can admit attendees who’ve only received one shot of the Pfizer or Moderna vaccine, but those people must still wear masks indoors.
On Sept. 2, Gov. Kathy Hochul (D) signed a residential and commercial coronavirus-related eviction moratorium into law. The moratorium would be effective through Jan. 15, 2022.
On Sept. 2, the New York Department of Health released a regulation requiring teachers and school staff to be vaccinated or receive regular coronavirus testing.
Rhode Island (Democratic trifecta): On Sept. 3, Gov. Daniel McKee (D) extended Rhode Island’s coronavirus state of emergency through Oct. 2.
South Carolina (Republican trifecta): On Sept. 2, the South Carolina Supreme Court rejected the city of Columbia’s challenge to the state’s ban on mask requirements. In the opinion, the court found that the mask requirement ban, which was established in a state budget amendment, did not violate a rule requiring state laws address a single primary subject.
Tennessee (Republican trifecta): On Friday, Sept. 3, U. S. District Court for the Western District of Tennessee Judge Sheryl H. Lipman ruled in favor of two students who sued Gov. Bill Lee (R) after he issued an order allowing students to opt out of school mask mandates. Lipman ruled Lee’s order violated the students’ rights under the Americans with Disabilities Act (ADA).
Washington (Democratic trifecta): On Friday, Sept. 3, Gov. Jay Inslee (D) issued an order prohibiting local government agencies, officials, and landlords from banning mask requirements or proof-of-vaccination requirements.
Wisconsin (divided government): On Friday, Sept. 3, Gov. Tony Evers (D) extended the statewide vaccine incentive initiative through Sept. 19. The initiative allows anyone 12 and older to claim a $100 Visa gift card if he or she gets the first dose of a COVID-19 vaccine.
Vaccine distribution
We last looked at vaccine distribution in the Sept. 2 edition of the newsletter. As of Sept. 3, the states with the highest vaccination rates as a percentage of total population (including children) were:
To date, Ballotpedia has tracked 1,879 lawsuits in 50 states dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 578 of those lawsuits.
Since Aug. 31, we have added nine lawsuits to our database. We have also tracked an additional four court orders and/or settlements.
Details:
Norris v. Stanley: On Aug. 31, Judge Paul Maloney, of the U.S. District Court for the Western District of Michigan, declined to block Michigan State University’s (MSU) COVID-19 vaccine mandate. MSU employee Jeanna Norris alleged, that she should be exempted from the vaccine mandate because she has natural antibodies from a previous infection. MSU’s vaccine policy requires all MSU faculty, staff, and students “to be vaccinated against COVID-19 with an FDA-authorized or WHO-approved vaccine.” While the mandate does provide for limited medical and religious exceptions, it specifically excludes natural immunity as a qualifying exemption. Norris argued MSU was “forcing me to choose between performing my professional duties to the best of my ability and protecting my personal health” and “between protecting my constitutional right to bodily autonomy, privacy and protection and keeping my job.” Norris alleged “MSU cannot establish a compelling governmental interest in overriding personal autonomy and constitutional rights.” Maloney said Norris did not show a “substantial likelihood of success on the merits.” Jenin Younes, litigation counsel for the New Civil Liberties Alliance, which is representing Norris, said, “We have faith that when the Court has the opportunity to review the insurmountable evidence that supports the existence, durability, and robustness of natural immunity, it will recognize that MSU’s policy violates the constitutional rights of Ms. Norris and others in her position.” Maloney is George W. Bush (R) appointee.
State mask requirements
We last looked at face coverings in the Aug. 31 edition of the newsletter. Since then, no changes to statewide mask requirements occurred. As of Sept. 7, masks were required in ten states with Democratic governors. Thirteen states with Democratic governors and all 27 states with Republican governors had no state-level mask requirements in effect.
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, like stockpiles of medical goods and equipment, unavailable to them during non-emergencies and temporarily waive or suspend certain rules and regulations.
Overview:
COVID-19 emergency orders have expired in 24 states. Emergency orders remain active in 26 states.
Since Aug. 31, no state has ended or enacted a COVID-19 emergency order.
A recall election seeking to remove Jill Ravitch from her position as the district attorney of Sonoma County, California, is on the Sept. 14 ballot. The candidate filing deadline passed on July 1, but no candidates filed to run in the replacement race. However, two write-in candidates—Omar Figueroa and Joey Castagnola—filed to run afterward.
The recall effort began in October 2020. Recall supporters said Ravitch had ignored issues of inequality, injustice, and fire safety; failed to hold corporations accountable for environmental issues; prevented the release of police body camera recordings; disproportionately incarcerated minorities; and abused her powers to pursue personal vendettas.
In response to the recall effort, Ravitch defended her record and said, “I’m so proud of the work the District Attorney’s Office does, and it’s such an honor to lead a dedicated group of professionals who work hard every day to ensure justice. […] These allegations strike not just at me but the work my office does, and that’s unfortunate.” The Sonoma County Democratic Party published a statement on March 9 saying it was opposed to the recall effort.
Ravitch took office as district attorney in 2011. Prior to the filing of the notice of intent to recall, Ravitch had announced that she would not seek re-election when her term ends in 2022.
To get the recall on the ballot, recall supporters had to submit 30,056 signatures in 160 days. The county verified 32,128 signatures, which was sufficient to schedule a recall election.
In the first half of 2021, Ballotpedia tracked 164 recall efforts against 262 officials. This was the most recall efforts for this point in the year since the first half of 2016, when we tracked 189 recall efforts against 265 officials. In comparison, we tracked between 72 and 155 efforts by the midpoints of 2017, 2018, 2019, and 2020.
A special election is being held on Sept. 14 for District 29 of the Tennessee House of Representatives. DeAngelo Jelks (D) and Greg Vital (R) are running in the general election. The winner of the special election will serve until November 2022.
The seat became vacant after the death of Mike Carter (R) on May 15. Carter had represented the district since 2012.
Heading into the special election, Republicans have a 73-26 majority in the Tennessee House. Tennessee 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 September, 58 state legislative special elections have been scheduled for 2021 in 20 states. Between 2011 and 2020, an average of 75 special elections took place each year. Tennessee held 11 state legislative special elections from 2011 to 2020.
Welcome to the Tuesday, September 7, Brew. Here’s what’s in store for you as you start your day:
Texas Legislature adopts bill allowing the postponement of 2022 primary and filing deadlines
One week until California’s gubernatorial recall election
Taking a look at state legislative special elections in 2021 so far
Texas Legislature adopts bill allowing the postponement of 2022 primary and filing deadlines
Last week, the Texas Legislature passed Senate Bill 13 (SB 13), a bill that would allow for the postponement of the state’s 2022 primary election and associated candidate filing deadlines if new district maps are not in place by specific dates specified in the bill.
Under its current schedule, Texas is slated to hold its primary elections on March 1, 2022, the earliest date in the 2022 cycle. The filing deadline is December 13, 2021. Here’s a breakdown of the scenarios, should the bill be implemented as law.
If the Texas Legislature adopts new district lines on or before Nov. 15, 2021, the current primary date and candidate filing deadlines remain unchanged.
If a plan is adopted after Nov. 15 but on or before Dec. 28, 2021, the primary will be moved to April 5, 2022, and the candidate filing deadline changed to Jan. 24, 2022.
At the latest, if a plan is adopted after Dec. 28, 2021, but on or before Feb. 7, 2022, the primary will be postponed to May 24, 2022, and the filing deadline set at March 7, 2022.
On Aug. 27, the Texas House of Representatives voted 96-25 in favor of SB 13 followed by the Texas State Senate, voting 30-1 in favor on Aug. 29. On Aug. 31, the bill was sent to Gov. Greg Abbott (R), who is expected to sign the bill into law.
Regardless of which deadline is met under SB 13, Texas’ primary elections would remain some of the earliest in the 2022 election cycle. The map below shows primary election months for each state during the 2022 election cycle. Under the current schedule, a majority of states (32) are holding primary elections in either June, July, or August.
The Texas State Legislature is responsible for drawing both congressional and state legislative district lines during the redistricting process. These maps are subject to a gubernatorial veto. If the legislature is unable to approve a state legislative redistricting plan, a five-person backup commission must draw the lines, though this commission is not involved in congressional redistricting.
Every month, Ballotpedia brings you the latest developments in election policy at the federal, state, and local level in The Ballot Bulletin. Stay on top of election policy news throughout the states by subscribing here.
One week until California’s gubernatorial recall election
In one week, the polls will close in the recall election targeting California Gov. Gavin Newsom (D). Early voting is underway and all registered voters in the state have been sent absentee/mail-in ballots for the election, which is officially slated for Sept. 14, 2021.
The recall election will present voters with two questions. The first will ask whether Newsom should be recalled from the office of governor. The second will ask who should succeed Newsom if he is recalled. A majority vote supporting the recall is required on the first question for the governor to be recalled. If that occurs, the candidate with the most votes on the second question would win the election, no majority required.
Here are some of the most recent updates:
Fifteen counties are currently operating early voting centers, which will remain open through Sept. 10. These voting centers offer registration, replacement ballots, accessible voting machines, and language assistance. You can find more info about early voting and ballot drop locations here.
Three separate polls were released on Aug. 31, Sept. 1, and Sept. 2. On average, 42% of respondents supported the recall and 54% opposed it.
These same polls found that, for the second question, an average of 27% of respondents supported Larry Elder (R), 23% were undecided, and 20% selected some other response, which includes candidates not listed in the poll as well as leaving the second question blank.
Forty-six candidates, including nine Democrats and 24 Republicans, are running in the election. The candidates who have received the most media attention and best poll performances so far are YouTuber Kevin Paffrath (D), 2018 gubernatorial candidate John Cox (R), radio host Larry Elder (R), former San Diego Mayor Kevin Faulconer (R), California State Board of Equalization member Ted Gaines (R), former Olympian and television personality Caitlyn Jenner (R), and Assemblyman Kevin Kiley (R).
Taking a look at state legislative special elections in 2021 so far
Voters in Alabama and New Hampshire are casting ballots in several state legislative special elections today. We wanted to take a moment to check out how special state legislative elections have played out in 2021 so far.
To start, those three elections being held today, Sept. 7, are taking place in:
Alabama’s House District 78: this seat became vacant after Rep. Kirk Hatcher (D) won election to the Alabama State Senate in a March 2 special election. Voters will elect either Kenyatté Hassell (D) or Loretta Grant (R) as their new representative.
New Hampshire’s House District Hillsborough 7: originally slated as a primary, the special election to fill Rep. David Danielson’s (R) seat was moved to Sept. 7 after only one candidate from each political party filed: Catherine Rombeau (D) and Linda Camarota (R). This seat became vacant after Danielson passed away on May 22.
New Hampshire House District Cheshire 9: there is a Republican primary between Lucille Decker and Rita Mattson. The winner will face Andrew Maneval (D) in the general election on Oct. 26. This seat became vacant after Rep. Douglas Ley (D) passed away on June 10.
There have been 35 special state legislative elections held so far in 2021, almost all of which saw the vacant seats remain under the same party’s control. One seat—Connecticut’s State Senate District 36—flipped from Democratic to Republican control following Ryan Fazio’s (R) victory on August 17.
As it stands today, 68 state legislative special elections have been scheduled throughout 2021 in 20 states. This number is higher than 2020, which saw 59 special elections, but lower than the decade average. Between 2011 and 2020, an average of 75 special elections took place each year.
