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Colorado governor recall effort does not make ballot
A recall effort targeting Colorado Gov. Jared Polis did not make the ballot after recall supporters announced September 6 that they had not collected the required number of signatures. The group leading the effort—Dismiss Polis—needed to submit 631,266 signatures for the recall election to occur. They collected about 300,000, according to spokesperson Karen Kataline.
According to the petition, Dismiss Polis targeted Polis for recall because he signed legislation related to firearms, oil and gas, the national popular vote, and sex education during the 2019 legislative session.
- The firearms bill was designed to temporarily remove firearms from people who were deemed a threat to themselves or others. Polis signed this bill in April 2019.
- The oil and gas bill was designed to give local governments more control over regulating the industry. It also mandates that the state emphasize safety over promoting oil and gas production. Polis signed this bill in April 2019.
- The national popular vote bill was designed to award Colorado’s electoral college votes in the presidential election to the winner of the national popular vote. Polis signed this bill in March 2019.
- The sex education bill was designed to update the state’s curriculum for school districts that offer that education. The bill added instruction on such things as sexual orientation, consent, STDs, and pregnancy prevention. Polis signed this bill in May 2019.
After the recall effort ended, Polis stated: “After all that fuss, I was pleasantly surprised that they didn’t turn in a single signature on the recall. I hope the remaining misguided efforts against others see the same results as Tom Sullivan’s did before. Recalls should not be used for partisan gamesmanship.”
From 2003 to 2018, Ballotpedia tracked 17 gubernatorial recall efforts. During that time, two recalls made the ballot and one governor was successfully recalled. Former California Gov. Gray Davis (D) was recalled in 2003 and replaced by Arnold Schwarzenegger (R). In 2012, former Wisconsin Gov. Scott Walker (R) was retained in a recall election. The only other governor to be successfully recalled was former North Dakota Gov. Lynn Frazier (R) in 1921. Four gubernatorial recall efforts are currently underway in 2019.
Three Colorado state senators—Leroy Garcia (D), Brittany Pettersen (D), and Pete Lee (D)—are also facing official recall campaigns in 2019. Two state representatives—Rochelle Galindo (D) and Tom Sullivan (D)—were previously targeted for recall earlier this year. The recall targeting Galindo ended after she resigned in May 2019; while the recall targeting Sullivan ended in June 2019 after recall supporters abandoned the effort.
Colorado became a Democratic trifecta in 2019 after Democrats flipped the state Senate in the 2018 elections. Democrats control the state House 41-24 and the state Senate 19-16. Polis succeeded John Hickenlooper (D) as governor in 2019 after winning the 2018 election with 53.4% of the vote.
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Flint City Council recall effort fails to make ballot
The recall effort targeting Flint Councilwoman Kate Fields has ended after more than half of the submitted signatures were ruled invalid. Genesee County Clerk John Gleason found 332 of the 825 signatures submitted by recall organizers valid. Petitioners needed 556 valid signatures in order to put the recall on the ballot.
Fields is one of four Flint City Council members who had recall efforts initiated against them in June. Council members Monica Galloway, Santino Guerra, and Allan Griggs are also facing potential recalls. Petitions against all four officials were approved for circulation in June, although at different points of the month. Petitioners have 180 days from the time when each petition was approved to begin gathering signatures, at which point they have 60 days to submit enough signatures to put each recall on the ballot.
The recall efforts against Fields, Guerra, and Griggs began in response to their vote to extend a $12 million waste removal project with Republic Services. Galloway was targeted for recall after she missed a vote on a $5.6 million contract with W.T. Stevens Inc. to replace lead service lines.
In 2018, Ballotpedia covered a total of 206 recall efforts against 299 elected officials. Of the 123 officials whose recalls made it to the ballot, 77 were recalled for a rate of 62.6 percent. That was higher than the 56.9 percent rate and 56.3 percent rate for 2017 and 2016 recalls, respectively.
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Signatures submitted for Mississippi medical marijuana amendment targeting 2020 ballot
Mississippians for Compassionate Care, proponents of an initiative to legalize medical marijuana, reported submitting more than 214,000 signatures as of September 5, 2019; 105,686 of which have already been certified by county clerks. Once the clerks have certified the signatures, proponents must file the entire petition with the secretary of state for signature verification. 86,185 valid signatures are required to qualify for the November 2020 ballot. Moreover, signatures must be from voters distributed across the state’s congressional districts. If enough signatures are found valid, the initiative goes to the state legislature, which cannot prevent the measure from going onto the ballot but can put an alternative measure on the ballot along with the initiative.
The measure was filed by Ashley Durval, the mother of Harper Grace Durval. In 2014, the Mississippi Legislature passed Harper Grace’s Law, which removed marijuana extract oil (CBD oil) from Mississippi’s list of controlled substances and allowed its prescription for medicinal applications. Harper Grace Durval has Davet Syndrome, a type of epilepsy that causes seizures.
This measure would provide for a medical marijuana program in Mississippi under the direction of the Mississippi Department of Health. Individuals with a debilitating medical condition could seek a certification from a Mississippi-licensed physician to obtain medical marijuana.
The measure specifies that no qualified patient could possess more than 2.5 ounces of medical marijuana at one time and that no more than 2.5 ounces could be provided to a patient in a 14-day period. The weight limit would not include ingredients combined with medical marijuana to prepare edible products, topical products, ointments, oils, tinctures, or other products. Under the measure, no medical marijuana treatment center could be located within 500 feet of a school, church, or child-care establishment.
The measure defines debilitating medical condition as “cancer, epilepsy or other seizures, Parkinson’s disease, Huntington’s disease, muscular dystrophy, multiple sclerosis, cachexia, post-traumatic stress disorder, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, chronic or debilitating pain, amyotrophic lateral sclerosis, glaucoma, agitation of dementias, Crohn’s disease, ulcerative colitis, sickle-cell anemia, autism with aggressive or self-injurious behaviors, pain refractory to appropriate opioid management, spinal cord disease or severe injury, intractable nausea, severe muscle spasticity, or another medical condition of the same kind or class to those herein enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks.”
The last time Mississippi voters had a statewide measure on the ballot was in 2015, when they defeated both a citizen-initiated constitutional amendment and its alternative put on the ballot by the legislature.
Mississippi candidate petitioning judge for special re-election after 1-vote margin race
On August 6, Mississippi held its statewide primary. In the Republican primary for the District 50 seat in the state Senate, candidate Scott DeLano’s vote totals initially led his opponent’s, Dixie Newman. However, after the affidavit ballots were counted, Newman took the lead with one vote. This one-vote lead persisted after the results were certified and a recount was conducted.
On September 3, the Republican Executive Committee of Harrison County, Mississippi, met to consider a petition filed by DeLano that contested the certified results and claimed that not all votes cast in the district were counted. The committee stated that it did not have the power to call a new special election, but it did vote to allow DeLano to petition a judge for a special election in five of the district’s 16 precincts. If the judge orders a new election, any registered voter in the five precincts would be eligible to vote.
In a Facebook post, DeLano wrote, “Both candidates have agreed to re-voting in the five split precincts. The actions of today will require a petition to the court and a special judge will have to be appointed. The date of a special election will be determined after the court hearing. We are committed, as we have always been, to see this through. We are pleased that the voice of the voters will be heard.”
Newman wrote in a Facebook post, “I won the primary election. I was still ahead after the recount/certification. Today, the Harrison County Republican Executive Committee took no action on Mr. DeLano’s petition for a new election. I understand that he will continue his quest to overturn this election through the courts. However, I am continuing to prepare myself to represent the voters of Senate District 50 when the Legislature convenes in January.”
In District 50, incumbent Tommy Gollott (R) did not file for re-election and retired before the end of his term on July 1, 2019. The filing deadline for candidates passed on March 1, and the general election for this race was canceled since no Democratic candidates filed to run for the seat. The winner of the Republican primary will automatically win the District 50 seat.
Entering the election, the Mississippi State Senate had 18 Democrats, 31 Republicans, and three vacancies. All 52 seats are up for election. A majority in the chamber requires 27 seats. Mississippi has had a Republican trifecta since the beginning of the 2012 legislative session. A state government trifecta exists when one political party simultaneously holds the governor’s office and both state legislative chambers.
Mississippi is also holding elections for governor and all 122 state House seats in 2019. The general election date is November 5.
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Campaign finance reports published for Colorado Proposition CC
Colorado Proposition CC on the 2019 ballot would allow the state to retain excess revenue it is currently required to refund under the Taxpayer’s Bill of Rights (TABOR) to provide funding for transportation and education.
One committee is registered to support Proposition CC: the Great Education Colorado Issue Committee. The support campaign has reported $51,040 in contributions and $12,773 in expenditures so far. Daniel Ritchie, Chancellor Emeritus of the University of Denver, contributed $50,000 to the support campaign.
Two committees are registered to oppose Proposition CC. Americans for Prosperity Colorado Issue Committee has reported $293,854.71 in in-kind contributions, all of which came from Americans for Prosperity. Citizens Against CC had not yet reported campaign finance activity.
The reports covered through August 28, 2019. The deadline for the next scheduled reports is September 16, 2019.
Also on the 2019 ballot in Colorado is Proposition DD, which would authorize sports betting in Colorado and authorize the legislature to levy a tax of 10% on those conducting sports betting operations. Ballotpedia did not identify any committees registered to support Proposition DD.
One committee is registered to oppose Proposition DD: Coloradans for Climate Justice. The committee had not reported any campaign finance activity.
Both propositions were referred to the ballot by the state legislature. In 2018, the legislature referred six measures to the ballot in the form of constitutional amendments. Campaigns supporting those measures raised funds ranging from under $5,000 to over $5.8 million in the case of Amendments Y and Z designed to create independent redistricting commissions.
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New Jersey court rules school district cannot pay salaries of union representatives
In a unanimous decision issued Aug. 21, a New Jersey appellate court ruled the Jersey City Board of Education cannot use public funds to pay the salaries of union representatives.
Who are the parties to the suit?
Plaintiffs Moshe Rozenblit and Won Kyu Rim reside within the Jersey City school district. They were represented by the Goldwater Institute. The defendants were the Jersey City Public Schools, the Jersey City Board of Education, and the Jersey City Education Association (the union representing the district’s teachers).
What was at issue?
The plaintiffs challenged a section of the collective bargaining agreement between the Jersey City Board of Education and the Jersey City Education Association that requires the board to pay the salaries of two teachers working full-time as union representatives. The plaintiffs specifically alleged that this section of the agreement violated Article VIII, Section 3, Paragraph 3 of the state constitution: “No donation of land or appropriation of money shall be made by the State or any county or municipal corporation to or for the use of any society, association, or corporation whatever.”
Meanwhile, the defendants held that the challenged provision was valid under Section 18A:30-7 of the New Jersey Statutes, which permits local boards of education to pay salaries in cases of absence not constituting sick leave. A lower state court had upheld this provision of the collective bargaining agreement, prompting the plaintiffs to appeal.
How did the court rule?
The panel was made up of Judges Jose L. Fuentes, Francis J. Vernoia, and Scott J. Moynihan. Writing for the court, Fuentes said: “Mindful of the principles of statutory construction, we conclude that N.J.S.A. 18A:30-7 does not empower the Board in this case to continue to pay the salaries and benefits of the president of the JCEA and his or her designee, while they devote their entire work-time to the business and affairs of the union.” The court declined to address the constitutional arguments made by the plaintiffs.
What are the responses?
- Goldwater Institute Director of National Litigation Jon Riches said, “Today is a great day for New Jersey taxpayers, because this puts an end to an egregious form of government cronyism. Today’s decision will help ensure that private unions no longer benefit from public dollars.”
- Jersey City Board of Education President Sudhan Thomas said, “We are intrigued by the ruling which only targets teacher’s unions which constitutes the single largest group of public employees while allowing other non-school staff public employee unions to continue the current release arrangement paid for by tax dollars.”
What comes next?
According to Hudson County View, “sources close to JCEA said that the union plans to fight the appellate court decision at this time.” The case name and number are Rozenblit v. Lyles, A-1611-17T1.
The big picture
Number of relevant bills by state
We are currently tracking 102 pieces of legislation dealing with public-sector employee union policy. 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
Below is a complete list of legislative actions taken since our last issue. Bills are listed in alphabetical order, first by state then by bill number.
- California AB314: This bill would require employers to grant employees paid time for certain union activities.
- Senate Appropriations Committee hearing scheduled Aug. 30.
Looking ahead to two U.S. House special elections in NC
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Ballotpedia’s Weekly Presidential News Briefing: August 31-September 6, 2019
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Voters in Cary, North Carolina, must register by Friday the 13th to vote on two bond measures on October 8
Cary, North Carolina will head to the polls on Tuesday, October 8, for the mayoral and town council election. Voters will also decide two bond issues.
The first measure would authorize the town to issue $112 million in bonds to fund the expansion of existing parks and recreation facilities, as well as, construct and acquire new parks and recreation facilities. The town of Cary currently has more than 30 public parks, seven special use facilities, four sports venues, and nine staffed facilities.
The second measure would authorize the town to issue $113 million in bonds to fund improvements in local transportation. Proposed improvements include streets, sidewalks, bridges, overpasses, traffic controls, streetscape, and bicycle facilities. The bonds would also be used to acquire equipment and land necessary for the improvements.
In their annual budget discussion on May 9, 2019, the Cary Town Council decided that bond issues would not exceed a total of $225 million. The most recent approved bond issues were in 2012 and were used to fund fire, transportation, and park projects. The town reported that these projects are in progress or complete.
The deadline to register to vote in the October 8 election is Friday, September 13. Although the registration deadline is September 13, one-stop-voting, including same-day registration, is available during the early voting period. Early voting for this election begins September 18 and ends October 4. Voters can request a mail-in ballot through Tuesday, October 1, 2019.
During the 2019 election cycle, Ballotpedia is expanding its coverage of North Carolina in order to provide voters with a comprehensive statewide sample ballot. This coverage includes North Carolina elections spanning 503 cities, towns, and villages; nine school districts; and 17 special districts. Voters in many of these local jurisdictions will be voting in primaries or general elections on September 10 and October 8.
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