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Buttigieg issues $700B childcare and education platform
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House Democrats announce two articles of impeachment against Trump
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Trump rallies in Pennsylvania swing county
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U.S. Supreme Court to review truncated immigration enforcement procedures
The U.S. Supreme Court will decide a case next year that may restrict the ability of the executive branch to use expedited procedures in some asylum cases. At issue is whether asylum seekers may challenge the procedures used by immigration officials to deny an asylum application.
In Department of Homeland Security (DHS) v. Thuraissigiam, the U.S. Supreme Court will review a decision by the 9th Circuit Court of Appeals that allowed a man to challenge in court the expedited procedures that an immigration judge and other executive branch officials used to deny his asylum application.
DHS argues that people who apply to enter and stay in the United States are only entitled to the procedural rights Congress grants to them. The agency also argued that the administrative procedures followed by officials in this case were adequate. Thuraissigiam’s lawyers disagreed, arguing that expedited removal procedures “drastically limit the administrative and judicial review that is ordinarily available.”
Allowing Thuraissigiam to sue in court “hinders the Trump administration’s desire to more quickly deport undocumented immigrants after their requests for asylum have been denied,” according to reporter Robert Barnes writing for The Washington Post. “If full habeas review does not cover expedited-removal cases, ICE agents may soon be able to seize immigrants anywhere in the U.S. and hustle them out of the country without any meaningful procedures,” according to writer Garrett Epps at The Atlantic, discussing the potential impact of the case.
The U.S. Supreme Court is scheduled to hear oral argument in this case on March 2, 2020.
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Governor Brad Little says Idaho is the least-regulated state in the nation
Idaho Governor Brad Little says that Idaho became “the least-regulated state in the country by cutting and simplifying 75 percent of regulatory rules in one year,” according to a press release from the governor’s office.
In April of 2019, the Idaho State Legislature failed to pass legislation that would have reauthorized administrative rules in the state—essentially repealing the state’s entire regulatory code.
Governor Little subsequently announced a goal to simplify up to 60 percent of the state’s regulations by the end of 2019. He said he directed agencies to get rid of duplication and not to change fundamental policies.
Little said that since January he has worked with the state legislature to cut 1,804 pages from the administrative code. He calculated that for every chapter he and the legislature added to the code they cut another 83 chapters.
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Federal Register weekly update; a week without significant regulations
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity.
During the week of December 2 to December 6, the Federal Register increased by 1,262 pages, bringing the year-to-date total to 67,168 pages. The week’s Federal Register featured a total of 444 documents, including 364 notices, four presidential documents, 36 proposed rules, and 40 final rules.
No proposed or final rules were deemed significant under E.O. 12866—meaning that they could have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules.
During the same week in 2018, the number of pages in the Federal Register increased by 1,142 pages for a year-to-date total of 63,382 pages. As of December 6, the 2019 total led the 2018 total by 3,786 pages.
The Trump administration has added an average of 1,371 pages to the Federal Register each week in 2019 as of December 6. Over the course of 2018, the Trump administration added an average of 1,301 pages to the Federal Register each week. During the Obama administration, the Federal Register increased by an average of 1,658 pages per week.
According to government data, the Federal Register hit an all-time high of 95,894 pages in 2016.
Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.
Click here to find more information about weekly additions to the Federal Register in 2018 and 2017. Click here to find yearly information about additions to the Federal Register from 1936 to 2016.
Previewing the 2020 gubernatorial elections: a look back at the most recent election by state
Eleven states are holding elections for governor in 2020, including seven of the 26 states with Republican governors and four of the 24 states with Democratic governors. New Hampshire and Vermont last elected a governor in 2018, while the other nine last held a gubernatorial election in 2016.
Here’s what happened in the most recent gubernatorial election in each state:
- In Delaware’s 2016 election, Rep. John Carney Jr. (D) defeated state Sen. Colin Bonini (R) by a margin of 19.2 percentage points. Incumbent Jack Markell (D) was term-limited. Carney’s margin of victory was the smallest in Delaware gubernatorial elections since 2004.
- In Indiana’s 2016 election, Lieutenant Governor Eric Holcomb (R) defeated former state House Speaker John Gregg (D) by a 6.0 percent margin. Holcomb replaced incumbent Mike Pence (R) on the ticket after he dropped out in July to serve as Donald Trump’s running mate. Holcomb expanded on Pence’s margin of 2.9 percentage points in 2012 when Pence also ran against Gregg.
- In Missouri, nonprofit executive Eric Greitens (R) defeated state Attorney General Chris Koster (D) by a 5.9 percent margin. This was the widest margin of victory for a Republican governor of Missouri since 1988. Greitens’ win gave the Republican party control of the governorship—and a trifecta in Missouri—for the first time since 2008.
- In Montana, incumbent Steve Bullock (D) defeated businessman Greg Gianforte (R) by a 3.9 percent margin. Bullock expanded on his margin from 2012 when he won by 1.6 percentage points. It was the fourth consecutive Democratic victory in a Montana gubernatorial election.
- In the 2018 New Hampshire gubernatorial election, incumbent Chris Sununu defeated former state Sen. Molly Kelly (D) by a 7.0 percent margin. Sununu expanded on his 2.3 percent margin in 2016, when he became the first Republican to win election as governor of New Hampshire since 2002.
- North Carolina’s 2016 gubernatorial election was the closest of the year. State Attorney General Roy Cooper (D) defeated incumbent Pat McCrory (R) by a margin of 0.2 percentage points. McCrory was the first governor in North Carolina history to lose re-election.
- In North Dakota, businessman Doug Burgum (R) defeated state Rep. Marvin Nelson (D) by a 57.1 percent margin. Incumbent Jack Dalrymple (R) did not run for re-election. It was the seventh consecutive Republican win in a North Dakota gubernatorial election.
- In Utah, incumbent Gary Herbert (R) defeated businessman Mike Weinholtz (D) by a 38.1 percent margin. This was Republicans’ tenth consecutive win in a Utah gubernatorial election. The longest current winning streak by a single party in gubernatorial elections is 11 elections, set by Oregon Democrats in 2018. Utah Republicans will match this streak if they win the 2020 election.
- In Vermont’s 2018 gubernatorial election, incumbent Phil Scott (R) defeated businesswoman Christine Hallquist (D) by a 14.9 percent margin. Scott was first elected in 2016 by an 8.8 percent margin.
- In Washington, incumbent Jay Inslee (D) defeated Seattle port commissioner Bill Bryant (R) by an 8.8 percent margin. This was the tenth consecutive win for a Democratic candidate for governor of Washington and the widest margin of victory there since 2000.
- In West Virginia, businessman Jim Justice (D) defeated state Senate President Bill Cole (R) by a margin of 6.8 percent. Incumbent Earl Ray Tomblin (D) was term-limited. Justice, who joined the Republican Party in 2017, was the fifth consecutive Democrat to win a West Virginia gubernatorial election.
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Oklahoma City voters to decide sales tax proposition Dec. 10
On Dec. 10, OKC voters will decide whether to approve a 1% sales tax proposition to fund the city’s MAPS 4 program of city infrastructure and facility projects. The tax was designed to go into effect in April 2020 when the city’s existing 1% transportation sales tax expires, thereby leaving the total sales tax rate in the city unchanged at 8.625% (state and local). It would expire in eight years and raise an estimated $978 million over that time. The three largest funded projects would be Parks ($140 million), Youth Centers ($110 million), and the Chesapeake Energy Arena and related facilities ($115 million).
The measure was put on the ballot by the city council, which approved the proposed tax ordinance on September 24, 2019.
Another sales tax measure, a 0.125% tax to provide about $15 million per year for parks, could be on the ballot for city voters next year. Former City Council Member Ed Shadid filed signatures for a city citizen initiative proposing the tax on December 2. If more than the required 6,499 signatures are found valid by city officials, voters would see the measure in March 2020.
The state sales tax rate in Oklahoma is 4.5%. The total Oklahoma City sales tax rate is 4.125%. There are no county-wide or other local sales taxes in Oklahoma City.
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Three 2020 Congressional retirements announced last week; more than 2,200 candidates filed to run for House or Senate
In the past week, three members of Congress announced 2020 retirements: Reps. Denny Heck (D-Wash.), Tom Graves (R-Ga.), and George Holding (R-N.C.). To date, four Senators (three Republicans and one Democrat) and 31 Representatives (22 Republicans and nine Democrats) are not running for re-election. In 2018, 55 members of Congress—18 Democrats and 37 Republicans—did not seek re-election.
As of December 9, 2019, 308 candidates are filed with the Federal Elections Commission (FEC) to run for U.S. Senate in 2020. Of those, 265—141 Democrats and 124 Republicans—are from one of the two major political parties. In 2018, 527 candidates filed with the FEC to run for U.S. Senate, including 137 Democrats and 240 Republicans.
1,923 candidates are filed with the FEC to run for U.S. House in 2020. Of those, 1,802—895 Democrats and 907 Republicans—are from one of the two major political parties. In 2018, 3,244 candidates filed with the FEC, including 1,566 Democrats and 1,155 Republicans.
On November 3, 2020, 35 Senate seats and all 435 House seats are up for election. Of those Senate seats, 33 are regularly-scheduled elections, while the other two are special elections in Arizona and Georgia. Twelve are Democratic-held seats and 23 are Republican-held seats. In the House, where all the seats are up for election, Democrats currently hold a 233-seat majority.
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Top-Two Primaries measure is the third amendment to be certified for Florida’s 2020 ballot
A measure to establish a top-two open primary system in Florida was certified on Dec. 6 to appear on the 2020 ballot. All Voters Vote, Inc. submitted 769,545 valid signatures for the initiative. To qualify, 766,200 valid signatures were required.
The measure would establish a top-two open primary system for primary elections for state legislators, the governor, and other state offices in Florida.
Currently, in Florida, primaries are closed, meaning a voter must be registered with a political party to vote in that party’s primary election. Under the measure, all candidates would be placed on one ballot regardless of political affiliation and the top two candidates with the most votes would advance to the general election. Under the measure, anyone, regardless of political affiliation, could vote in the primary election.
In cases where only two candidates qualify for the primary election, the primary would be canceled and the election winner would be decided in the general election.
If approved by 60% of voters at the 2020 general election, the measure would become effective on January 1, 2024.
All Voters Vote wrote, “The vast majority of races in Florida are decided in the closed party primaries—which excludes most voters. Those closed primaries are decided by the small, extreme wings of each party. Because of this, our elected leaders no longer have to answer to the majority of people, but only to a very small group of hyper-partisan voters. By giving all voters a chance to vote, politicians will become answerable to the majority of voters, not just a select few.”
In a poll by St. Pete Polls conducted in October, 3,283 registered Florida voters were asked if they supported the measure. 47.6% of respondents said they opposed the measure; 38.1% said they supported it, and 14.3% were unsure.
In 2004, Washington became the first state to adopt a top-two primary system for congressional and state-level elections. California followed suit in 2010. In Nebraska, a top-two primary system is utilized for state legislative elections. Twenty-one (21) states conduct open primaries for congressional and state-level offices. In Alaska, the law stipulates that political parties can determine for themselves who may participate in their primary elections.
Two other measures are certified to appear on Florida’s 2020 ballot. Amendment 1 would state in the constitution that only U.S. citizens can vote in federal, state, local, or school elections. Amendment 2 would raise the minimum wage to $15 per hour by 2026.
From 1996 to 2018, a total of 91 measures appeared on the statewide ballot in Florida, of which 75.8% (69 of 91) were approved and 24.2% (22 of 91) were defeated. Between 1996 and 2018, an average of between seven and eight measures appeared on the ballot during even-numbered years in Florida.
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