On March 2, St. Louis, Missouri, will hold a mayoral primary using an electoral system called approval voting for the first time in the city’s history. Candidates of all political affiliations will appear on the ballot without partisan labels and voters may choose any number of candidates to vote for. The two candidates receiving the most votes will advance to the general election on April 6. Voters approved the method through the passage of Proposition D in November 2020.
Mayor Lyda Krewson (D) is not running for re-election. Four candidates are running in the primary: 2017 mayoral candidate Andrew Jones, St. Louis Treasurer Tishaura Jones, Aldermen President Lewis Reed, and Alderwoman Cara Spencer. Each has a partisan affiliation: A. Jones ran as a Republican in 2017, and the other three candidates have previously run for office as Democrats.
The St. Louis Post Dispatch endorsed both Spencer and Reed. T. Jones was endorsed by Saint Louis County Executive Sam Page, Democracy for America, and the state council of the Service Employees International Union (SEIU). Spencer was endorsed by former Mayor Vincent Schoemehl Jr. and former Aldermanic President James Shrewsbury.
Through Feb. 22, Spencer raised the most money of all the candidates ($356,000), followed by T. Jones ($333,000), Reed ($271,000), and A. Jones ($20,000).
Candidates have each made crime a key priority in this campaign. A. Jones said that the city’s violent crime problem made it harder for the city to attract new businesses and retain existing ones, so addressing crime would improve safety while also improving the city’s business climate. T. Jones said she supported restructuring the police department’s budget to reallocate funding for mental health services, job training programs, and treating substance abuse. Reed’s campaign website called for a focus on violent crime, using a strategy called focused deterrence with groups most likely to commit violent crimes. Spencer, citing her background in mathematics and modeling, said she would implement a data-driven strategy for crime reduction in the city.
The city of St. Louis utilizes a strong mayor and city council system. In this form of municipal government, the city council serves as the city’s primary legislative body and the mayor serves as the city’s chief executive.
In November, South Dakota became the first state to vote on recreational and medical marijuana at the same election. Voters approved Initiated Measure 26 by a vote of 70% to 30% and Constitutional Amendment A by a vote of 54% to 46%.
IM 26 was designed to establish a medical marijuana program in South Dakota for individuals who have a debilitating medical condition as certified by a physician. The initiative was set to take effect on July 1, 2021, with deadlines for certain implementation steps to take place in the fall. The state House is considering a bill to change the effective date from July 1, 2021, to January 1, 2022, and to delay the deadlines for certain provisions from Fall 2021 (under IM 26) to Spring 2022. The delays are supported by Governor Kristi Noem, who announced plans for delaying implementation of the program by one year. Sponsors of IM 26 proposed an alternative implementation schedule to shorten the delays.
Under the IM 26, patients will be allowed to possess a maximum of three ounces of marijuana. Limits on the cannabis products a person may possess would be set by the Department of Health. According to the measure, patients registered to cultivate marijuana at home could grow three plants at minimum, or another amount as prescribed by a physician.
Constitutional Amendment A was designed to legalize the recreational use of marijuana and require the South Dakota State Legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022. Amendment A was ruled unconstitutional by the Hughes County Circuit Court. Sponsors appealed to the state supreme court.
On February 10, South Dakota Governor Kristi Noem (R) announced a plan to delay the implementation of the state’s medical marijuana program until July 1, 2022, a year later than the dates set forth under the IM 26. Noem said, “We are working diligently to get IM 26 implemented safely and correctly. The feasibility of getting this program up and running well will take additional time.”
House Bill 1100 was introduced in the South Dakota House of Representatives on January 27, 2021, and was passed by the state affairs committee on February 17, 2021. The bill would amend IM 26 to change the effective dates from 2021 to 2022. The bill stated that “Due to the pending litigation [surrounding Constitutional Amendment A], the Department of Health’s continued efforts against COVID-19, and the complexity of marijuana’s status under federal law, the State needs more time to establish a medical marijuana program with integrity and prudency than its current effective date of July 1, 2021.”
On February 22, 2021, New Approach South Dakota and South Dakotans for Better Marijuana Laws announced their proposal for an alternative implementation schedule in response to House Bill 1100. Matthew Schweich, director of South Dakotans for Better Marijuana Laws said, “A delay to implementation is partly justified due to the Department of Health’s important role in managing South Dakota’s pandemic response. That is one of the reasons why we are proposing this compromise. However, the primary motivation is the prospect of enactment of HB 1100A, which defies the will of the people, harshly re-criminalizes medical marijuana patients, and provides a vehicle for repealing and replacing the law.”
The proposed compromise legislation would extend the deadlines for certain parts of the medical marijuana program’s implementation to January 2022 in order to give the state more time to implement the measure. The proposed compromise bill would require legal protections for potential medical marijuana patients prior to registry ID cards being issued to take effect on July 1, 2021 (the date set forth under IM 26). HB 1100 initially proposed enacting the legal protections for potential medical marijuana patients starting on July 1, 2022, but it was amended to move that date up to January 1, 2022.
South Dakota is one of eleven states (out of 21 with a process for initiated state statutes) with no restrictions on how soon or with what majority state legislators can repeal or amend initiated statutes.
As of November 2020, 35 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 15 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.
Fifteen states and the District of Columbia have legalized marijuana for recreational purposes: 12 states and D.C. through ballot initiatives, one state through a legislatively referred ballot measure, and two through bills approved by state legislatures and signed by governors.
The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.
New Jersey Sen. Gerald Cardinale (R) passed away on Feb. 20, after being hospitalized with an illness unrelated to COVID-19. The second-longest-serving New Jersey legislator, Cardinale was first elected to Senate District 39 in 1981, serving until his death. Prior to joining the state Senate, Cardinale was a member of the New Jersey General Assembly from 1980 to 1982.
During his Senate tenure, Cardinale served as deputy majority leader (1994-2001), majority whip (1992-1993), assistant minority leader (1987-1989), and minority whip (1985-1986). He was also a district-level delegate to the 2016 Republican National Convention from New Jersey. Cardinale was one of 51 delegates from New Jersey bound by state party rules to support Donald Trump at the convention.
If there is a vacancy in the New Jersey Legislature, the vacancy will be filled by an interim appointment by the county leadership of the political party that holds the seat. The office will be on the ballot in the next general election unless the vacancy occurs within 51 days of the election. If that is the case, the appointment would stand until the following general election. This is not the case for Cardinale’s seat, which will be up for election in November 2021.
As of Feb. 23, there have been 27 state legislative vacancies in 20 states during 2021. Ten of those vacancies have been filled. Of the 27 vacancies, 15 are Republican and 12 are Democratic. Democrats have filled seven vacancies, while Republicans have filled three.
Voters in Maine could decide a ballot initiative designed to stop a 145-mile long, high-voltage transmission project, known as the New England Clean Energy Connect (NECEC), that would transmit hydroelectric power from Quebec to utilities in Massachusetts and Maine. The ballot initiative would also require a two-thirds vote of each state legislative chamber to approve future high-impact (defined) electric transmission corridors and prohibit new transmission corridors in the Upper Kennebec Region.
On February 22, 2021, Secretary of State Shenna Bellows announced that the initiative’s proponents had collected 80,506 valid signatures—17,439 more than the minimum needed for the initiative to go before voters on November 2, 2021. Proponents filed 95,622 unverified signatures on January 21. As ballot initiatives are indirect in Maine, the state legislature has the option to approve the initiative rather than having the issue placed on the November 2021 ballot.
The ballot initiative is the second attempt by NECEC opponents to stop the project at the ballot box. In 2020, the No CMP Corridor PAC, which is also behind this year’s effort, qualified a ballot initiative to require the state’s public utilities commission to reverse an order granting the project with a needed permit. On August 13, 2020, the Maine Supreme Court issued an opinion that the ballot initiative was not a legislative action and therefore exceeded “the scope of the people’s legislative power.” Ten weeks later, No CMP Corridor’s Thomas Saviello, a former Republican state senator, filed the new proposal.
NECEC was proposed by Central Maine Power (CMP) and Hydro-Québec, a Quebec state-owned enterprise. NECEC received its final federal or state permit from the U.S. Department of Energy on January 15, 2021. However, the U.S. First Circuit Court of Appeals issued an injunction to prevent the construction of Segment 1 of NECEC, a 54-mile stretch of new corridor in northern Maine, pending a future court decision. Construction was permitted to begin on other segments, which will utilize existing corridors.
No CMP Corridor, along with the Mainers for Local Power PAC, raised $6.29 million in contributions through December 31, 2021. Most—$6.05 million—was received by Mainers for Local Power. Contributions included $3.78 million from NextEra Energy Resources, LLC, which owns a natural gas-fired plant in Cumberland, Maine, and six solar fields or projects in southern and central Maine; $1.15 million from Vistra Energy Corp., which owns a natural gas-fired plant in Veazie, Maine; and $1.12 million from Calpine Corp., which owns a natural gas-fired plant in Westbrook, Maine.
Two PACs—Clean Energy Matters and Hydro-Québec Maine Partnership—registered to oppose the ballot measure. Together, the committees have raised $25.68 million, including $16.28 million from Central Maine Power (CMP) and CMP’s parent firm Avangrid and $8.28 million from H.Q. Energy Services (U.S.) Inc., which is a subsidiary of Hydro-Québec.
No CMP Corridor was the only campaign to filed signatures to get an initiative on the ballot for November 2, 2021. The general election could also feature legislatively referred constitutional amendments and bond issues, as well as citizen-initiated veto referendums proposed after a bill is passed.
February 24, 2021: Two Senate committees postponed scheduled votes on Neera Tanden’s nomination for director of the Office of Management and Budget.
President Joe Biden (D) and his team have been preparing for the transition between presidential administrations since the election, including selecting senior White House staff and appointees to top government positions.
In 2020, there were 1,472 government positions subject to presidential appointment: 1,118 positions required Senate confirmation and 354 did not. The new administration is also responsible for filling thousands of other positions across the federal government, including in operations and policy. Every weekday, Ballotpedia is tracking potential Cabinet nominees, appointments, and news related to the Biden administration.
The Senate confirmed Linda Thomas-Greenfield to serve as U.S. ambassador to the United Nations on Tuesday by a vote of 78-20.
The Senate also confirmed Tom Vilsackto serve as secretary of agriculture on Tuesday by a vote of 92-7. Six Republicans voted against his confirmation: Sens. Ted Cruz (R-Texas), Josh Hawley (R-Mo.), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Rick Scott (R-Fla.), and Dan Sullivan (R-Alaska). Sen. Bernie Sanders (I-Vt.) also voted against Vilsack, marking the first time a Democrat or independent who caucuses with Democrats voted against a Biden nominee.
The Senate Committee on Energy and Natural Resources is holding a second day of hearings for Debra Haaland for secretary of the interior.
The Senate Finance Committee is holding a hearing for Xavier Becerra for secretary of health and human services.
The Senate Committee on Small Business and Entrepreneurship will vote on Isabel Guzman’s nomination for administrator of the Small Business Administration.
The Senate Committee on Homeland Security and Governmental Affairs postponed a planned vote on Neera Tanden’s nomination for director of the Office of Management and Budget on Wednesday. The Washington Post reported that the Senate Budget Committee, which was also scheduled to vote on Tanden’s nomination on Wednesday, also planned to delay their vote.
Drew Tipton, a federal judge on the United States District Court for the Southern District of Texas, granted a preliminary injunction blocking the Biden administration’s 100-day moratorium on deportations. The injunction applies to all states. Tipton is a Trump appointee.
Biden is expected to sign an executive order on Wednesday calling for the review of global supply chains for computer chips, large-capacity batteries used in electric vehicles, pharmaceuticals and related products, and critical minerals.
Transition in Context
The following chart compares the pace of Senate confirmations for the main Cabinet members—the 15 agency heads in the presidential line of succession—following the inaugurations of Presidents Donald Trump (R) and Joe Biden (D). It does not include Cabinet-rank officials that vary by administration.
Five weeks after their respective inaugurations, Trump had nine of these secretaries confirmed and Biden had seven.
Welcome to the Wednesday, Feb. 24, Brew. Here’s what’s in store for you as you start your day:
April 4 is the deadline for Congress to repeal regulatory activity from the end of the Trump administration
Register for our Feb. 25 briefing on incumbency in last year’s state legislative elections
Indiana secretary of state announces resignation
Yesterday, Texas Gov. Greg Abbott (R) set the special election in Texas’ 6th Congressional District for May 1. The seat became vacant when Rep. Ron Wright (R) died on Feb. 7. In Texas, all special election candidates appear on the same ballot, regardless of party. If no candidate receives more than 50% of the vote, the top two finishers compete in a runoff election on a date that will be determined after the runoff results are certified. Candidates that wish to run must file with the secretary of state by March 3.
April 4 is the deadline for Congress to repeal regulatory activity from the end of the Trump administration
The Biden administration has until April 4 to use the provisions of the Congressional Review Act (CRA) to repeal final rules issued at the end of the Trump administration. Here’s how this works.
The CRA is a 1996 federal law that creates a 60-day review period during which Congress can overturn a new federal agency rule. To do this, Congress must pass a joint resolution of disapproval which the president must then sign.
The Feb. 3 edition of the Congressional Recordstated that Congress has 60 days from Feb. 3 to use the CRA to rescind regulations and informal rules issued at the end of the Trump administration. Daniel Pérez, a senior policy analyst at the George Washington University Regulatory Studies Center, estimates there may be as many as 1,354 of these rules.
The law defines this 60-day period as days where Congress is in continuous session. This means the projected deadline to block end-of-term regulatory activity from the Trump administration is April 4. That date could move later into April if either chamber of Congress adjourns for longer than three days before then.
Since the law’s creation in 1996, Congress has used the CRA to repeal 17 rules published in the Federal Register. Before 2017, Congress had used the CRA successfully one time—in 2001—to overturn a rule on ergonomics in the workplace. In the first four months of his administration, President Donald Trump (R) signed 14 CRA resolutions from Congress undoing a variety of rules issued near the end of Barack Obama’s (D) presidency. Congress ultimately repealed 16 rules using the CRA during the Trump administration.
To stay informed about whether Congress uses the CRA during the Biden administration, you can bookmark and visit the page linked below, or subscribe to our monthly Checks and Balances newsletter, which covers the latest information on federal rulemaking and regulatory activity.
Register for our Feb. 25 briefing on incumbency in last year’s state legislative elections
Voters in 44 states decided state legislative elections last year, with partisan control changing in two chambers. The National Conference of State Legislatures reported that this was the fewest changes in party control on Election Day since at least 1944.
We’re hosting a briefing on Thursday—Feb. 25—that examines these results, and specifically, how incumbents performed in last year’s state legislative elections. Here’s a sneak preview of some of the data points we’ll be discussing:
227 state legislative incumbents lost in last year’s general elections, the lowest number since at least 2010. This was a 29.5% decrease from the 322 defeated in 2018 and was 54.8% lower than the decade-high 502 incumbents defeated in the 2010 general election.
Since 2010, an average of 307 incumbents have been defeated in even-year general elections.
In the 2020 cycle, 381 incumbents lost re-election in total, with 154 defeated in a primary or nominating convention.
The chart below shows all state legislative incumbent losses in even-numbered years from 2010 to 2020:
Join me at 11 a.m. Central Time as Doug Kronaizl from our marquee team looks closer at this data, identifies those states that had the most defeated incumbents, and what it all means for this year’s state legislative sessions.
Click here or on the link below to register, and if you can’t attend live, we’ll send you a link to the recording so you can watch it on your schedule. Hope to see you there!
Indiana Secretary of State Connie Lawson (R) announced on Feb. 15 that she would resign, citing health and family reasons. Lawson said she will leave office after Gov. Eric Holcomb (R) appoints her successor, and that person is ready to take office.
Gov. Mitch Daniels (R) first appointed Lawson as secretary of state in March 2012 to fill the vacancy created when Charlie White (R) resigned. Lawson was elected to the position in 2014 and 2018. Her tenure of nearly nine years is the second-longest in the history of the office. Indiana’s first secretary of state, Robert New, served for nine years and one month from 1816 to 1825.
The Indiana secretary of state is one of five statewide elected offices established by Indiana’s Constitution. The secretary of state is responsible for maintaining state records, overseeing elections, chartering new businesses, and overseeing the state’s securities and motor vehicle dealership industries.
Lawson’s replacement will serve until the office’s next scheduled election in November 2022. Last year, eight state executives nationwide left office before their terms expired.
The office of secretary of state exists in 47 states. It does not exist in Alaska, Hawaii, and Utah. Voters elect the secretary of state directly in 35 states. In the other 12, the governor or state legislature appoints the secretary of state. The current partisan composition of the nation’s secretaries of state is 25 Republicans, 21 Democrats, and one independent. Pennsylvania’s acting secretary of state—Veronica Degraffenreid—is not affiliated with either party. Gov. Tom Wolf (D) appointed Degraffenreid on Feb. 1.
North Carolina (divided government): On Wednesday, Feb. 24, teachers and staff, including bus drivers and custodial staff, can register to receive a coronavirus vaccine.
Since our last edition
What rules and restrictions are changing in each state? For a continually updated article, click here.
Arizona (Republican trifecta):Gov. Doug Ducey (R) announced the state is opening a vaccination site at Chandler-Gilbert Community College on March 3. At full capacity, the site will administer 12,000 vaccinations a day.
Connecticut (Democratic trifecta): Gov. Ned Lamont (D) announced a schedule for the state’s age-based distribution expansion. Lamont also said clinics will open in March to focus on vaccinating teachers. The state will release more details on school staff vaccinations closer to the clinics’ opening. The age-based expansion is scheduled as follows:
Eligibility expands to individuals ages 55 to 64 on March 1, 2021
Eligibility expands to individuals ages 45 to 54 on March 22, 2021
Eligibility expands to individuals ages 35 to 44 on April 12, 2021
Eligibility expands to individuals ages 16 to 34 on May 3, 2021
New Jersey (Democratic trifecta): On Feb. 22, Gov. Phil Murphy (D) announced religious services can operate at 50% of a room’s capacity. Previously, religious services were limited to the lesser of 35% capacity or 150 individuals. Murphy also said up to two parents per student can attend collegiate sports practices and competitions, as long as the number of spectators does not exceed 35% of the event room’s capacity (if the event is indoors). Sports stadiums and entertainment venues with a capacity of 5,000 people or more can operate at 10% capacity indoors or 15% outdoors. The changes were effective immediately.
Gov. Andrew Cuomo (D) announced billiard halls statewide and movie theaters in New York City will be allowed to reopen starting March 5. Billiard halls will open at 35% capacity in NYC and 50% capacity in the rest of the state. NYC movie theaters will open at 25% capacity, with a maximum of 50 people per screen.
The governor also said the state will release detailed guidance for weddings and other catered events, which are scheduled to resume on March 15. Venues will be restricted to the lesser of 50% capacity or 150 people.
On Monday, Feb. 22, Gov. Doug Burgum (R) ended several coronavirus executive orders issued between March 25, 2020, and July 29, 2020. Among other things, the orders suspended the eligibility requirements for funeral directors applying for workers compensation and allowed state agencies to transfer surplus property, such as medical supplies and personal protective equipment, to other agencies.
On Monday, Feb. 22, the state House passed a bill 50-44 that would prohibit state and local officials from mandating masks. The bill now goes to the Senate.
Tennessee (Republican trifecta): On Monday, Feb. 22, the Tennessee state Senate voted 27-5 to pass SB 0103, a bill that would give the governor authority to reopen public schools to in-person instruction during a state of emergency. The bill specifies that in the absence of an order from a local health board or the governor, school boards determine whether to open or close schools during emergencies. The bill goes to the House for consideration.
Utah (Republican trifecta): On Monday, Feb. 22, the state House voted 66-2 to pass HB308, a bill that would prohibit state agencies from requiring employees to receive a coronavirus vaccine. The bill goes to the Senate for consideration.
Vermont (divided government): On Friday, Feb. 19, Gov. Phil Scott (R) announced that fully vaccinated residents who travel to another state will no longer need to quarantine when returning to Vermont beginning Feb. 23. Fully vaccinated residents will receive cards that they can display upon request when traveling in or out of the state. Scott also said that fully vaccinated out-of-state travelers will not need to quarantine if they can provide proof of vaccination. Additionally, Agency of Human Services Secretary Mike Smith announced that fully vaccinated residents at long-term care facilities where there is no outbreak may participate in congregate activities if the facility is within the federal guidance for COVID-19 positivity rates.
To date, Ballotpedia has tracked 1,664 lawsuits, in 50 states, dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 483 of those lawsuits.
Since Feb. 16, we have added 12 lawsuits to our database. We have also tracked an additional three court orders and/or settlements.
Chase v. Republican Party of Virginia: On Feb. 19, Judge Margaret Spencer of the Richmond Circuit Court dismissed a lawsuit that sought to prevent Virginia’s Republican Party from using in-person nominating conventions to select gubernatorial and other candidates. State Sen. Amanda Chase (R), a gubernatorial candidate, filed the lawsuit, arguing that the party’s plan to host a nominating convention would violate state coronavirus restrictions. Spencer ruled from the bench that Chase lacked standing to sue because she was not authorized to enforce Virginia’s COVID-19 restrictions. Chase posted on Twitter that, “Apparently the Richmond Circuit Court is going to hand the noose to the [Republican Party of Virginia] so they can go hang themselves. Sadly, the people of Virginia lost today.” Chase has yet to decide whether she will file an appeal.
State mask requirements
We last looked at face coverings in the Feb. 16 edition of the newsletter. Since then, no new states have adopted a statewide public mask mandate or let a face-covering requirement expire.
Diagnosed or quarantined politicians identified by Ballotpedia
Fifty-eight members of Congress have been diagnosed with COVID-19.
Forty-one federal officials have quarantined after possible exposure to COVID-19.
Eight state-level incumbents or candidates have died of COVID-19.
Two-hundred and seven state-level incumbents or candidates have been diagnosed with COVID-19
Eighty-four state-level incumbents or candidates have quarantined after possible exposure to COVID-19.
At least five local incumbents or candidates have died of COVID-19.
At least 43 local incumbents or candidates have been diagnosed with COVID-19.
At least 26 local incumbents or candidates have quarantined after possible exposure to COVID-19.
Since Feb. 16, two state senators and one state representative have tested positive for COVID-19. One governor tested negative for the virus.
On Feb. 15, South Dakota state Rep. Hugh Bartels (R) announced he tested positive for COVID-19.
On Feb. 16, Idaho state Sen. Steve Bair (R) announced he tested positive for COVID-19.
On Feb. 22, New York state Sen. Susan Serino (R) announced she tested positive for COVID-19.
On Feb. 22, Florida state Rep. Dan Daley (D) announced he tested positive for COVID-19.
On Feb. 22, Alaska Gov. Mike Dunleavy (R) announced he tested negative for COVID-19 after coming into contact with someone who later tested positive for the virus. Dunleavy said he would work from home over the next seven days.
ICYMI: Scott Rasmussen’s Number of the Day
Each weekday, Ballotpedia publishes Scott Rasmussen’s Number of the Day, which explores interesting and newsworthy topics at the intersection of culture, politics, and technology.
In today’s edition:
Thirty-nine percent (39%) of voters now believe the worst of the coronavirus pandemic is behind us. A Scott Rasmussen national survey found that 31% disagree and believe the worst is still to come.
Rasmussen has been tracking this question throughout the pandemic, and this is the first time ever that a plurality offered a positive view.
Click here to read the full article, and here to subscribe to receive the Number of the Day in your inbox.
In the 59 state legislative special elections held in 2020, eight seats changed partisan control. Democrats flipped seven seats and Republicans flipped one.
Between 2010 and 2020, an average of 71 state legislative special elections took place each year. In those 782 elections, 103 seats (13.2%) changed partisan control. Democrats flipped 56 seats, Republicans flipped 41, and independent and third-party candidates flipped six.
2017 had the highest number of flips during this time period, with Democrats flipping 14 seats and Republicans flipping three. This was also the year with the highest net change for Democrats, who gained a net of 11 seats out of 98 special elections. Republicans’ highest net gain was five seats in 2013.
Since 2010, Democrats have gained a net of 12 state legislative seats in special elections, and Republicans have lost a net of 17 seats.
No seats changed partisan control in 2010, when only 30 special elections were held.
The state with the highest number of flips since 2010 is New Hampshire, where 11 seats have changed partisan control. Massachusetts and Connecticut follow with 9 flips each.
Twenty-five states use special elections to fill state legislative vacancies and four other states (Kansas, New Jersey, Tennessee, and Washington) use special elections in some circumstances. Twenty-seven states held state legislative special elections in 2020.
Last week, South Dakota state lawmakers advanced two separate bills limiting the disclosure of identifying information about donors to nonprofits: HB1079 and SB103.
What the bills propose
HB1079 would prohibit any executive branch entity (e.g., the governor, the secretary of state, etc.) from requiring “any annual filing or reporting of a nonprofit corporation or charitable trust that is more stringent, restrictive, or expansive than that required by state or federal law.” The legislation would not apply to information required “to determine eligibility for or compliance with a state grant or contract.” The bill also exempts information required for, or obtained during a state fraud investigation or enforcement action.
SB103 would bar any public agency (including state and municipal government units and courts) from:
Requiring a tax-exempt nonprofit to provide a public agency with “personal affiliation information,” which is defined as “any list, record, register, registry, roll, roster, or other compilation of any kind that directly or indirectly identifies a natural person as a member, supporter, volunteer, or donor of financial or nonfinancial support to any nonprofit corporation.”
Publicly disclosing any such information a public agency might possess.
Requiring a current or prospective contractor to provide a public agency with a list of the nonprofits “to which it has provided financial or nonfinancial support.”
The legislation does not bar public agencies from furnishing personal information about a nonprofit’s donors, supporters, etc., for:
Campaign finance reporting requirements.
A lawful warrant for personal affiliation information.
A lawful request for discovery of personal affiliation information in litigation, if the requestor “demonstrates a compelling need” for the information and “obtains a protective order barring disclosure” of information to anyone not named in the litigation.
A sales or use tax audit of a nonprofit by the Department of Revenue.
An audit, examination, or investigation of a nonprofit corporation conducted under state law.
Although the bills deal with similar subject matter, the bills are not companions. If enacted, they would be signed into law separately.
HB1079: The House Judiciary Committee, at the request of Gov. Kristi Noem (R), introduced the bill on Jan. 22. The House approved it 62-8 on Feb. 2. The Senate approved an amended version 32-3 on Feb. 16. The amended bill is pending in the House. Republicans voted unanimously in favor of the bill. Democrats voted unanimously against it.
SB103: Sens. Casey Crabtree (R) and James Bolin (R) and Reps. Kirk Chaffee (R), Tim Goodwin (R), and Tim Reed (R) introduced the legislation on Jan. 26. On Feb. 17, the state Senate voted 33-2 in favor of the bill. All Republicans and one Democrat voted in favor of the bill. Two Democrats opposed it. Sb103 is currently pending in the state House, where it has been referred to the House State Affairs Committee.
Political context: South Dakota is a Republican trifecta, meaning that Republicans control the governorship and both chambers of the state legislature. South Dakota has been a Republican trifecta since 1995.
Mark Miller, an attorney for Noem, said the following in support of HB1079: “What is this bill about? It’s really about the American way of life. … It’s also meant to return us to the traditional role of anonymity in support for certain causes that one believes in.”
Rep. Ryan Cwach (D), who voted against HB1079, said, “We expect accountability and we expect transparency from our government, and so the idea that we want to try and keep how people are influencing our government anonymous goes against the whole bedrock of our society.”
What other states are doing: At least three other states are considering similar legislation this year: Iowa (HF309, HSB28, and SSB1036), Nebraska (LB370), and Tennessee (HB0159 and SB1608). All three states are Republican trifectas.
Number of relevant bills by state: We’re currently tracking 29 pieces of legislation dealing with donor disclosure. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking.
Number of relevant bills by current legislative status:
Number of relevant bills by partisan status of sponsor(s):
Recent legislative actions
For complete information on all of the bills we are tracking, click here.
New Hampshire HB105: This bill would require that political contributions from domestic or foreign limited liability companies be allocated to their individual members for the purposes of campaign finance reporting.
The bill died in committee after the House Election Law Committee reported it “inexpedient to legislate” on Feb. 17.
South Dakota HB1079: This bill would prohibit executive agencies and officials from requiring nonprofits to make disclosures beyond those required under state and federal law.
The Senate adopted an amended version of the bill on Feb. 16 and returned it to the House.
South Dakota SB103: This bill would prohibit public agencies from requiring any person or nonprofit to provide identifying information about a nonprofit’s donors. It would also prohibit the disclosure of any such information currently in the possession of a public agency.
The Senate adopted the bill on Feb. 17 and passed it to the House.
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