TagDaily Brew

New maps from the Pacific Northwest

By David Luchs
In Newsletters
December 9, 2021 at 6:26 AM

Welcome to the Thursday, December 9, Brew. 

By: David Luchs

Here’s what’s in store for you as you start your day:

  1. Washington Supreme Court accepts redistricting commission’s maps, Oregon’s maps finalized
  2. With vote-counting still underway, recall of Seattle City Councilwoman Kshama Sawant appears too close to call
  3. SCOTUS holds second week of December argument session

Washington Supreme Court accepts redistricting commission’s maps, Oregon’s maps finalized

As of Dec. 9, 17 states have adopted new congressional maps following the 2020 census and 21 states have adopted new state legislative maps. At this point in 2011, 27 states had adopted new congressional maps and 21 had adopted new state legislative maps. No states have enacted maps since Illinois adopted its congressional map on Nov. 24. Three states—Maryland, New Mexico, and South Carolina—are holding special legislative sessions this week to consider redistricting plans.

Washington: The Washington Supreme Court ruled on Dec. 3 that it would not exercise its authority to enact new congressional and legislative district boundaries despite the state Redistricting Commission’s announcement that it did not meet its Nov. 15 deadline. The Commission said that it had agreed on map plans on Nov. 16, and had submitted these plans to the Supreme Court for consideration.

In its decision, the Supreme Court wrote that “the plan adopted by the Washington State Redistricting Commission met the constitutional deadline and substantially complied with the statutory deadline to transmit the matter to the legislature. Accordingly, the Washington State Redistricting Commission shall complete any remaining tasks necessary to complete its work so that the process for finalizing the redistricting plan…may proceed.” The legislature may amend the commission’s maps by a two-thirds vote of each chamber.

Congressional and state legislative district boundaries in Washington are drawn by a five-member non-politician commission that was established by a 1983 constitutional amendment. The majority and minority leaders of both legislative chambers each appoint one registered voter to the commission, and those four commissioners appoint a fifth, non-voting member to serve as the commission’s chair. 

Oregon: The Oregon Supreme Court announced that no challenges were filed to the state’s congressional map by the Nov. 29 deadline, meaning that those district boundaries will stand as enacted by the legislature. This was the third time the Oregon legislature successfully enacted a congressional redistricting map since 1910 without gubernatorial veto, court-ordered re-drawing, or authority for map drawing being passed to the secretary of state. 

The Court had previously announced that it had dismissed all cases challenging the state’s legislative maps and ruled that those boundaries would stand as enacted as well. Oregon Gov. Kate Brown (D) signed new congressional and legislative redistricting plans on Sept. 27. 

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With vote-counting still underway, recall of Seattle City Councilwoman Kshama Sawant appears too close to call

Seattle City Councilwoman Kshama Sawant, first elected in 2019, faced a recall election Dec. 7. As of 4:00 p.m. Pacific Time on Dec. 8, with just over 39,000 ballots counted, support for the recall led opposition 50.3% to 49.7%. King County Elections reported that ballots had been counted from 50.6% of registered voters, with approximately 50% participation expected.

According to The Seattle Times, this was the first recall against a city council member to make the ballot in city history. Supporters of the recall said Sawant had relinquished her official authority, misused her office, disregarded COVID-related regulations, and misused city funds for electioneering. Although the Seattle City Council is officially nonpartisan, Sawant is a member of the Socialist Alternative Party.

If the recall against Sawant is approved, members of the city council will appoint a replacement member who will serve until a special election can be held in 2022.

Also Dec. 7, voters in Labette County, Kansas, approved a recall of County Commissioner Brian Kinzie (R), voting 59% to 41% in favor. Supporters of the recall said Kinzie had pursued his own personal interests during negotiations with a wind energy company looking to build turbines in the county.

So far this year, Ballotpedia has tracked 324 recall efforts against 491 officials. City council recalls made up around 25% of that total, with 80 recall efforts targeting 140 city council members. Including the recall targeting Sawant, twelve city council recall efforts took place across the 100 largest cities in the country in 2021.

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SCOTUS holds second week of December argument session

From Dec. 6 to Dec. 8, the Supreme Court of the United States (SCOTUS) heard arguments in the final week of the 2021-2022 term’s December sitting. The court heard arguments in person and provided audio livestreams.

This week, SCOTUS heard arguments in five cases. Click the links below to learn more about these cases:

Dec. 6

  1. Patel v. Garland involved federal courts’ authority and jurisdiction to review eligibility findings in immigration appeals. The case originated from the U.S. Court of Appeals for the 11th Circuit.
  2. Hughes v. Northwestern University came on an appeal from the U.S. Court of Appeals for the 7th Circuit and concerned Employee Retirement Income Security Act of 1974 (ERISA) defined-contribution retirement plans.

Dec. 7

  1. United States v. Taylor involved the Hobbs Act and the definition of a crime of violence. The Hobbs Act was enacted in 1946 and prohibits interference with commerce by threats or violence. The case originated from the U.S. Court of Appeals for the 4th Circuit.

Dec. 8

  1. Carson v. Makin concerned public education funding, religious education, and the U.S. Supreme Court’s decision in Espinoza v. Montana Department of Revenue (2020). The case was appealed from the U.S. Court of Appeals for the 1st Circuit.
  2. Shinn v. Ramirez involved the scope of evidence a federal appellate court can consider when reviewing a petition for habeas relief. Shinn originated from the U.S. Court of Appeals for the 9th Circuit.

SCOTUS is scheduled to begin its next argument sitting on Jan. 10.

To date, the court has agreed to hear 50 cases this term. Four cases were dismissed, and one case was removed from the argument calendar. Nine cases have not yet been scheduled for argument.

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A sneak peek at 2022 local elections

By Samuel Wonacott
In Newsletters
December 7, 2021 at 6:17 AM

Welcome to the Wednesday, December 8, Brew. 

By: Samuel Wonacott

Here’s what’s in store for you as you start your day:

  1. Local elections in 2022—a sneak peek
  2. The Department of Justice sues Texas over its congressional, state legislative maps
  3. Biden’s Article III judicial nominations   

Looking ahead to 2022 local elections

Last week, we looked at 2022 statewide filing deadlines, so today we’re going to take a look at next year’s local elections. Local election dates and deadlines are often unavailable until a few months until the election. Hence, we’re in the process of completing our 2022 local election research, but here’s a sneak peek at a few dates on the horizon: 

  • Oklahoma: The deadline to run in school board elections will pass today, Dec. 8. Nonpartisan primary elections are scheduled for Feb. 8, and general elections will take place Apr. 5. The filing deadline to run in the mayoral election in Oklahoma City also passes on Dec. 8. 
  • Texas: The filing deadline to run in county elections in Bexar, Dallas, El Paso, Fort Bend, Harris, Travis, and Tarrant Counties passes on Dec. 13. The filing deadline to run in special city council elections in Houston and Austin passes on Dec. 16.
  • North Carolina: The filing deadline to run for several school districts, the mayor and city council in Charlotte and Greensboro, and county offices in Durham, Forsyth, Guilford, Mecklenburg, and Wake Counties will pass on Dec. 17.
  • Missouri: The deadline to fill to run in school board elections and city council elections in Jefferson City passes on Dec. 28.

In other election news this week, a panel of three judges on the North Carolina Court of Appeals temporarily suspended the start of candidate filing for state legislative and U.S. House elections on Dec. 6. The order came in response to a lawsuit alleging that North Carolina’s newly drawn district maps violate the right to free and fair elections by being gerrymandered in favor of Republican candidates. The court later reversed the suspension, re-opened candidate filing, and ordered that the full 15-member court rehear the case. The decision did not affect candidate filing for local elections.

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Justice Department sues over new district maps in Texas 

In case you missed it, the U.S. Department of Justice filed a lawsuit against Texas on Dec. 6, alleging the state’s newly enacted congressional and legislative maps violate Section 2 of the Voting Rights Act. So far, we’ve tracked 34 redistricting-related lawsuits in 16 states. Seven of those lawsuits concern Texas’ redistricting process.  

“The Legislature refused to recognize the state’s growing minority electorate,” the Department of Justice’s complaint states. “Although the Texas congressional delegation expanded from 36 to 38 seats, Texas designed the two new seats to have Anglo voting majorities.”

In a press conference, U.S. Attorney General Merrick Garland said, “The complaint we filed today alleges that Texas has violated Section Two by creating redistricting plans that deny or bridge the rights of Latino and Black voters to vote on account of their race, color or membership in a language-minority group.”

Texas Attorney General Ken Paxton (R) said the lawsuit was the “Biden Administration’s latest ploy to control Texas voters” and he was “confident that our legislature’s redistricting decisions will be proven lawful, and this preposterous attempt to sway democracy will fail.”

The lawsuit is the first legal action the department has taken against a state in the 2020 redistricting cycle. We tracked lawsuits in 37 states related to redistricting following the 2010 census. So far, 22 states have adopted legislative district maps and 18 states have adopted congressional district maps.

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Biden has nominated 62 judges to Article III judgeships

President Joe Biden has nominated 62 judges to Article III judgeships, as of Dec. 1, 2021—316 days in office. Here’s how his predecessors stacked up at this point in their presidencies: 

  • President Donald Trump (R) had nominated 60 individuals, 35 of which were ultimately confirmed to their positions.
  • President Barack Obama (D) had nominated 29 individuals, 27 of which were confirmed. 
  • President George W. Bush (R) had nominated 104 individuals, 51 of which were confirmed.

Through Dec. 1, there were 890 authorized federal judicial posts and 78 vacancies. Seventy-four of those vacancies were for Article III judgeships. In the past month, no new judges have been confirmed and 11 new judges have been nominated.

The following data visualization tracks the number of Article III judicial nominations by president by days in office during the Biden, Trump, Obama, and W. Bush administrations (2001-present). This chart is limited to successful nominations, where the nominee was ultimately confirmed to their respective court:

The chart below counts all Article III nominations, including unsuccessful nominations (for example, the nomination was withdrawn or the U.S. Senate did not vote on the nomination), renominations of individuals to the same court, and recess appointments. A recess appointment is when the president appoints a federal official while the Senate is in recess.

 Click below to learn more about federal judicial vacancies!

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Revisiting the 2015 SCOTUS decision allowing redistricting commissions

By Douglas Kronaizl
In Newsletters
December 7, 2021 at 5:57 AM

Welcome to the Tuesday, December 6, Brew. 

By: Douglas Kronaizl

Here’s what’s in store for you as you start your day:

  1. In 2015, the U.S. Supreme Court ruled that voters could use initiatives to create redistricting commissions
  2. Kshama Sawant recall today in Seattle, Wash.
  3. 54.2% of the nation’s state legislators are Republicans

In 2015, U.S. Supreme Court ruled voters could use initiatives to create redistricting commissions

With so much in the news (and in The Brew!) lately about redistricting, you may have heard the terms “independent redistricting commission” or “non-politician commission” quite a bit. Both refer to third-party commissions that draft maps instead of a state’s legislature. Nine states currently use redistricting commissions at the congressional level.

It wasn’t until 2015 that the U.S. Supreme Court weighed in on their constitutionality. That year, SCOTUS ruled in Arizona State Legislature v. Arizona Independent Redistricting Commission that such commissions were constitutional. Arizona voters had approved a commission to handle legislative and congressional redistricting through Proposition 106 in 2000. The commission produced maps during the 2010 redistricting cycle. The Arizona Legislature filed suit against the congressional maps on July 7, 2012.

Article 1, Section 4, of the U.S. Constitution says, “the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof.” The Arizona Legislature argued the use of the word legislature in this context was literal, meaning only a state legislature may redraw congressional lines. The commission argued the word legislature ought to be interpreted more broadly to mean “the legislative powers of the state,” which includes things like voter initiatives and referenda.

The Supreme Court ultimately ruled that “redistricting is a legislative function, to be performed in accordance with the state’s prescriptions for lawmaking, which may include the referendum and the governor’s veto.”

Justice Ruth Bader Ginsburg wrote in the court’s majority opinion: “The people of Arizona turned to the initiative to curb the practice of gerrymandering and, thereby, to ensure that Members of Congress would have an habitual recollection of their dependence on the people.” Justices Anthony Kennedy, Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined Ginsburg in the majority opinion.

Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented. In his dissent, Roberts wrote the word legislature in Article 1 of the U.S. Constitution ought to be interpreted to mean the “representative body which makes the laws of the people.” Roberts wrote: “For better or for worse, the Elections Clause of the Constitution does not allow [the people of Arizona] to address those concerns by displacing their legislature.”

At the time of the Court’s decision, six states had commissions responsible for congressional redistricting: Arizona, California, Hawaii, Idaho, New Jersey, and Washington. Since then, two states—Colorado and Virginia—both created commissions. Montana had a commission in place at the time of the Court decision, but it was not responsible for congressional redistricting until the state was apportioned a second district following the 2020 census.

Keep reading 

Kshama Sawant recall today in Seattle, Wash.

Voters in Seattle, Wash, are deciding whether to recall District 3 City Councilwoman Kshama Sawant today.

Sawant is a member of the Socialist Alternative Party. When she won election in 2013, she became the first socialist elected to Seattle city government in 97 years. 

Petitioners supporting the recall allege three grounds for recalling Sawant: misusing city funds for electioneering purposes, disregarding regulations related to the coronavirus pandemic, and misusing her official positions. Sawant said the recall was politically motivated and asked a state superior court to dismiss the petition. The Washington Supreme Court ultimately ruled the recall could proceed.

During her 2019 re-election campaign, Sawant completed Ballotpedia’s Candidate Connection survey, writing:

“I wear the badge of socialist with honor … [M]illions of Americans are looking for a different kind of politics, based on the needs of working people and the environment, not the interests of the billionaire class and big business. I think a key part of that process is building a new political party completely independent of corporate money, that fights unapologetically for working people and the oppressed, and is rooted in social movements, community organizations, and labor unions.”

Ballotpedia has tracked 324 recall efforts against 491 officials in 2021. About 25% of the efforts were against city council members (80 efforts against 140 members). Recalls of 27 city council members have made it to the ballot in 2021. Fourteen were removed from office and 13 kept their seats. Since Ballotpedia began tracking recalls in 2008, we have not tracked a successful recall of a city council member in Washington.

In addition to the Sawant recall, there are county-level recalls in the coming week, both involving energy issues.

In Labette County, Kansas, voters are deciding today whether to recall Commissioner Brian Kinzie (R). Organizers began the effort after Kinzie voted in favor of a motion to enter final negotiations to allow a wind energy company to place 50 to 70 turbines in the county in April 2021. 

On Dec. 14, voters in Saunders County, Neb., will decide whether to recall Supervisor Doris Karloff (R). Rhonda Carritt, the resident who began the recall effort, said she did so, in part, in response to a conditional use permit the board of supervisors granted to a solar energy project in the county.

Keep reading 

54.2% of the nation’s state legislators are Republicans

Ballotpedia’s November count of the 7,383 state legislators found that 54.2% of all state legislators are Republicans and 44.7% are Democrats.

Republicans control 61 of the country’s 99 legislative chambers, while Democrats control 37. The Alaska House of Representatives is the only chamber controlled by a multipartisan, power-sharing coalition.

In November, Democrats had a net decrease of one seat, and Republicans had a net increase of eight seats. New legislators elected in New Jersey and Virginia on Nov. 2 will be sworn in during the second week of January 2022. Compared to November of last year, the state legislatures are 1.9% less Democratic (46.6% to 44.7%) and 1.8% more Republican (52.4% to 54.2%).

Republicans have controlled a majority of state legislative seats since 2011, making this the party’s longest period of majority control in over 100 years. From 1921 to 2021, Democrats controlled a majority of state legislative seats for 74 years while Republicans held control for 26. Democrats’ longest period of majority control lasted 48 years from 1955 to 2003.

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As we enter the midterms…let’s review the history of wave elections

By Samuel Wonacott
In Newsletters
December 6, 2021 at 6:12 AM

Welcome to the Monday, December 6, Brew. 

By: Samuel Wonacott

Here’s what’s in store for you as you start your day:

  1. Defining wave elections
  2. U.S. House elections with multiple incumbents
  3. Learn about petition blocking

An introduction to wave elections

As we draw closer to the 2022 midterm elections, you might encounter the term wave election. The term is frequently used to describe an election in which one party makes significant electoral gains. But is there an objective definition of a wave election?

This was a question we sought to answer a few years ago. In 2018 we published a study in which we examined the results of the 50 election cycles between 1918 and 2016—spanning President Woodrow Wilson’s (D) second midterm in 1918 to Donald Trump’s (R) first presidential election in 2016. We defined wave elections as the 20 percent of elections in that period resulting in the greatest swing against the president’s party. According to this definition, a U.S. House election cycle qualifies as a wave election if the president’s party loses at least 48 seats.

Based on this definition, between 1918 and 2016, 11 wave elections took place in the U.S. House. Six of them occurred during a president’s first midterm election. There were four waves when a Democrat was president (Obama, Clinton, Johnson, and Truman) and two with a Republican president (Harding and Hoover). The president’s party lost an average of 58 seats in the U.S. House during these six elections.

There are currently 221 Democrats in the U.S. House. In an average wave election, Democrats would lose 48 members, leaving them with 173. Since the House was expanded to 435 members in 1913, Democrats have had fewer than 173 members twice: 131 during the 67th Congress (1921-1923) and 164 during the 71st Congress (1929-1931).

The 2018 U.S. House elections were the most recent first midterm election. Democrats won a majority in the chamber, winning 40 additional districts—eight less than needed to qualify as a wave election.

The entire House is up for election in 2022. Democrats currently hold a majority in the chamber with 221 seats to Republicans’ 213. In the U.S. Senate, 34 of the chamber’s 100 seats are up for election. Demcorats currently control the Senste, with 48 members plus two independents who caucus with them. Republicans hold the remaining 50 seats. Vice President Kamala Harris (D) serves as a tie-breaking vote. Of the 34 seats up for election, 14 are held by Democrats and 20 by Republicans.

Keep reading

U.S. House elections with multiple incumbents

Every decade following the U.S. census, states redraw their congressional district boundaries. When that happens, it’s not uncommon to see some U.S. House races with multiple incumbents. This can happen because the home addresses of multiple incumbents were drawn in the same district or because multiple incumbents decide the new district boundaries are more favorable for re-election.

So far this year, we’ve identified three 2022 congressional races with multiple incumbents:

Twenty-five states are still in the process of redrawing their congressional district maps, so we could see yet more races with multiple incumbents in 2022. 

In 2012, there were 13 U.S. House races with multiple incumbents. 

Here’s a fact you can pocket for your next trivia night: U.S. Representatives aren’t required to live in the districts they represent. The Constitution does, however, stipulate that they must be residents of the state in which they’re elected. 

Keep reading 

What is petition blocking?

Here’s a quick deep dive into the world of ballot measures. In 2022, voters will decide not only thousands of federal, state, and local races but also a raft of ballot measures. So far, 63 statewide ballot measures have been certified in 30 states for the 2022 ballot. That number doesn’t, however, include the hundreds of potential measures that could still end up on the ballot. 

With all this activity, we thought it’d be a good idea to review the concept of petition blocking. Petition blocking refers to organized efforts to prevent citizen-initiated measures or candidates from collecting sufficient signatures to meet ballot access requirements. This can take several forms, including: 

  • Physical blockages
  • Financial incentives
  • Legal complaints and lawsuits
  • Administrative actions

Here’s a recent instance of petition blocking:

On Nov. 29, Politico reported: “The Seminole Tribe of Florida is paying petition gathering firms to not work in Florida during the 2022 midterms as part of an effort to block rival proposed gaming constitutional amendments — a strategy that also includes running a separate informal signature gathering operation and hiring workers that interfere with other petition gatherers.”

Click the link below to read more recent and historical examples of petition blocking.

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Certified results show 16 state legislative seats changed party control in 2021

By Douglas Kronaizl
In Newsletters
December 3, 2021 at 6:01 AM

Welcome to the Friday, December 3, Brew. 

By: Douglas Kronaizl

Here’s what’s in store for you as you start your day:

  1. Sixteen seats changed party control, including 14 incumbents who lost in state legislative general elections
  2. Sacramento, Calif., nears its final stages of redistricting after coronavirus-related delay
  3. #FridayTrivia: Which state has the earliest primary election candidate filing deadline in the 2022 election cycle?

Sixteen seats changed party control, including 14 incumbents who lost in state legislative general elections

Three of the country’s 99 state legislative chambers held regularly-scheduled elections on Nov. 2: the New Jersey State Senate and General Assembly and the Virginia House of Delegates. Elections in these chambers represented 220 of the country’s 7,383 state legislative seats (2.9%).

Final results from the Nov. 2, 2021, elections were recently certified in both states, though recounts recently began in two Virginia House of Delegates elections.

Overall, 16 state legislative seats changed party control. In 2019, 33 seats changed party control, though most, 23, took place in Louisiana and Mississippi while 10 changed control in New Jersey and Virginia.

Fifteen seats changed from Democratic to Republican control and one seat changed from Republican to Democratic control. By state, nine changes took place in New Jersey and seven took place in Virginia. 

Looking just at incumbent defeats, 14 incumbents—seven in New Jersey and seven in Virginia—lost in general elections, all of whom were Democrats. This ties 2021 with 2017 for the largest number of incumbents defeated in general elections across these three chambers. It also represents the largest number of Democratic incumbents defeated with the next-closest election cycle being 2009 when seven Democrats lost in general elections.

In New Jersey, these party changes narrowed the Democratic majorities in both legislative chambers, but the party remains in control. In Virginia, Democrats lost majority control of the House, which changed from a 55-45 Democratic majority to a 52-48 Republican majority. Democrats maintain control in the Senate, which did not hold elections in 2021.

Virginia’s final tally is still subject to change. Certified results in House District 85 and 91 showed the winning candidates’ margins of victory within 1% of the total votes cast. Democratic candidates in both races requested recounts, which began on Dec. 2.

Keep reading

Sacramento, Calif., nears its final stages of redistricting after coronavirus-related delay

It’s not just congressional and state legislative redistricting this year. Local governments also periodically update their political district lines with census numbers. In Sacramento, Calif., the city’s independent redistricting commission is set to select its 2022 redistricting map on Dec. 6 with final adoption scheduled for Dec. 16.

In November 2020, voters in Sacramento approved Measure B by a vote of 67% in favor and 34% opposed. This measure, which was proposed by the Sacramento City Council, amended the city’s charter authorizing a one-time delay in the redistricting process. The amendment moved the deadline for map adoption to 130 days before the 2022 primary election, which is scheduled for June 7, moving the deadline to Jan. 28, 2022.

Typically, Sacramento requires redistricting to be completed no later than six months after census data is delivered and at least six months before the city’s primary election. Voters made this one-time change because census data delivery was delayed due to the coronavirus pandemic.

The Sacramento Independent Redistricting Commission was created by a public vote on Measure L in 2016. The commission is made up of 13 members: one from each of the eight existing districts and five appointed by the first eight commissioners. The city’s redistricting process begins with public map submissions, which are then narrowed down by the commission and altered to meet statutory requirements.

Keep reading 

#FridayTrivia: Which state has the earliest primary election candidate filing deadline in the 2022 election cycle?

We are officially 10 days away from the first statewide filing deadline for the 2022 election cycle! States set filing deadlines to establish when candidates must submit the necessary materials required to run for office. Stay tuned next week for a sneak peek at some local election filing deadlines.

In the meantime, what state’s candidate filing deadline is the earliest, currently scheduled for Dec. 13, 2021?

  1. Texas
  2. Louisiana
  3. North Carolina
  4. Oregon


Biden nominates Shalanda Young for final empty Cabinet post

By David Luchs
In Newsletters
December 2, 2021 at 6:20 AM

Welcome to the Thursday, December 2, Brew. 

By: David Luchs

Here’s what’s in store for you as you start your day:

  1. Biden nominates Shalanda Young for director of Office of Management and Budget
  2. Tracking school board elections by 2020 presidential results
  3. Andre Dickens elected mayor of Atlanta

Biden nominates Shalanda Young for director of Office of Management and Budget

President Joe Biden (D) announced Shalanda Young as his nominee for director of the Office of Management and Budget (OMB) on Nov. 24, 2021. Young was confirmed as deputy director of the OMB on March 2 and has been serving as the agency’s acting director. 

Earlier this year, Biden nominated Neera Tanden as OMB Director. Tanden withdrew her nomination on March 2 before the Senate voted on her confirmation. The position was last held by Russell Vought, who served from 2020-2021 during Donald Trump’s (R) administration.

OMB Director has been Biden’s last remaining unfilled Cabinet position. The Senate has confirmed 22 of Biden’s other Cabinet members. Young’s path to confirmation will require hearings before the Senate committees on Budget, and Homeland Security and Governmental Affairs, followed by confirmation by the full Senate.

With the exception of Bernie Sanders (I-Vt.), who voted against Tom Vilsack’s nomination as Secretary of Agriculture, no members of the Senate’s Democratic caucus have voted against any of Joe Biden’s Cabinet nominees. 

Sen. Susan Collins (R-Maine) is the only Republican who has voted for all of Biden’s Cabinet nominees. Sen. Josh Hawley (R-Mo.) has voted against 19 of Biden’s nominees—more than any other Senator.

While not explicitly identified in the Constitution, the Cabinet secretaries are the 15 agency heads who are in the presidential line of succession. The vice president is also part of the Cabinet. Biden identified an additional nine positions as Cabinet-rank in his administration.

Before Young’s confirmation as deputy director of the OMB, she was Democratic staff director for the House Appropriations Committee, where she had worked since 2007. 

The Office of Management and Budget is a United States executive agency formed in 1970 to “serve the President of the United States in implementing his vision across the Executive Branch.” Its chief responsibilities are managing the development and execution of the annual federal budget, overseeing federal agencies and executive branch operations, and coordinating and reviewing agency regulations.

Keep reading

Tracking school board elections by 2020 presidential results

Ballotpedia tracked 96 school districts across 16 states that held elections on Nov. 2 where candidates took a stance on race in education, coronavirus responses, or sex and gender in schools. There were 310 seats up for election, all but seven of which have been called.

Of the 96 school districts we tracked, 65 are located in counties that Joe Biden (D) won in 2020 and 31 are located in counties won by Donald Trump (R). Overall, there were 60 counties with an identified school district.

Note that county and school board boundaries do not perfectly align. A county might contain multiple school districts. As a result, in this analysis, voters in a school district might represent only a portion of all the voters in the county in which it is located.

In each county, we also tracked whether the winner incorporated a stance opposing race in education (or critical race theory), coronavirus restrictions or mitigation efforts, or issues regarding sex and gender into his or her campaign. For shorthand, we categorize them as an anti-CRT candidate. Other candidates are categorized as not anti-CRT, or unclear.

Of the 65 school districts located in Biden counties, 26 (40%) elected at least one anti-CRT candidate on Nov. 2 compared to 18 of the 31 (58%) located in Trump counties.

In districts located in Biden counties, 50 anti-CRT candidates won (23%) versus 139 not anti-CRT candidates (65%). In districts located in Trump counties, 39 anti-CRT candidates won (44%) versus 30 not anti-CRT candidates (34%).

Keep reading 

Andre Dickens elected mayor of Atlanta

Andre Dickens defeated Felicia Moore in the nonpartisan runoff for mayor of Atlanta, Georgia, on Nov. 30. Dickens won 64% of the vote to Moore’s 36%.

Dickens and Moore were the top two finishers in the Nov. 2 general election. Moore finished first in that round of voting, winning 41% to Dickens’ 23%. The number of votes cast in the runoff decreased by 18.1% compared to the general election, the largest decrease since the 1993 election. This was the seventh mayoral runoff in Atlanta since 1973 and the second in which the candidate who placed second in the general election went on to win.

Both candidates are members of the city council. Dickens was first elected in 2013. Moore was first elected in 1997 and was elected council president in 2017. Although the election was officially nonpartisan, both candidates are Democrats. Incumbent Keisha Lance Bottoms did not run for re-election, the second Atlanta mayor since World War II to not run for a second term.

Two of the nine seats on the Atlanta Public Schools school board also went to runoffs. Tamara Jones defeated KaCey Venning 67% to 33% for an at-large seat, while Aretta Baldon defeated Keisha Carey 51% to 49% for the District 2 seat.

Keep reading



The latest on state and congressional redistricting

By Samuel Wonacott
In Newsletters
December 1, 2021 at 5:55 AM

Welcome to the Wednesday, December 1, Brew. 

By: Samuel Wonacott

Here’s what’s in store for you as you start your day:

  1. Redistricting roundup—Connecticut and Illinois
  2. Do you know your state’s unemployment tax rate?
  3. New York’s Rep. Suozzi (D) announces a run for governor

The latest redistricting news

Last week, just before the long Thanksgiving Day weekend, Connecticut and Illinois became the latest to complete state legislative or congressional redistricting. Let’s take a look at what happened in both states. 

Illinois

Governor J.B. Pritzer (D) enacted new congressional districts on Nov. 24. In late October, the state House approved the maps 71-43 and the state Senate approved the maps 41-18. Illinois was apportioned 17 districts in the U.S. House of Representatives after the 2020 census, one less than it was apportioned after the 2010 census.

According to The Chicago Tribune’s Rick Pearson, the maps place the following pairs of incumbents into the same district:

After the legislature approved the new district boundaries on Oct. 29, Kinzinger announced he would not seek re-election in 2022. Additionally, Newman said she would seek re-election not against Garcia but Rep. Sean Casten (D), since Casten’s new district consists of many areas Newman represented before redistricting. Bost announced he would run for re-election in the 12th District on Oct. 29, while Miller has not yet declared her plans.

Congressional redistricting has been completed in 18 states and for 159 of the 435 districts (36.6%) in the U.S. House of Representatives.

Connecticut

Connecticut completed its state legislative redistricting process on Nov. 23, when the state’s Reapportionment Commission voted 8-0 in favor of new maps for the state’s 36 Senate districts. The Commission enacted new House maps on Nov. 18. These maps will be in effect for Connecticut’s 2022 state legislative elections.

The Reapportionment Commission, made up of four Democratic lawmakers, four Republican lawmakers, and a ninth member selected by the other commissioners, took over the redistricting process after the state’s Reapportionment Committee did not meet its Sept. 15 deadline. Census data was not delivered to the state until Sept. 16. Unlike the maps the committee would have adopted, the Reapportionment Commission’s maps did not need to win two-thirds approval from both chambers of the Connecticut General Assembly, allowing the Commission to enact its maps outright.

According to the CT Mirror’s Mark Pazniokas, “Passage of the Senate map came without debate in an 11-minute meeting conducted via Zoom, a reflection that the maps in Connecticut are resolved by negotiation.” Senate Minority Leader Kevin Kelly (R) said, “It’s truly a bipartisan effort,” and Senate President Pro Tempore Martin Looney (D) said, “We have a much better approach than most the country does on this.”

Nationwide, legislative redistricting has been completed in 22 states and for 771 of 1,972 state Senate districts (39.1%) and 2,032 of 5,411 state House districts (37.6%).

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What is your state’s unemployment tax rate? 

Unemployment benefits have been a steady topic in the news cycle throughout the past few years. Our Policy team has been compiling state-by-state comparative data on unemployment insurance programs. 

First, let’s define an unemployment tax. State unemployment taxes are taxes employers must pay to support the joint federal-state unemployment insurance program. These taxes are also known as SUTA taxes (named after the State Unemployment Tax Act), state unemployment insurance (SUI) taxes, or reemployment taxes. 

Employers usually pay a percentage of an employee’s salary in SUTA taxes up to a certain amount, known as the wage base. The wage base is the maximum amount of wages per employee on which an employer must pay unemployment taxes. The SUTA tax rate varies by state and by the employer’s experience rating.  This lets states collect unemployment taxes from employers according to the amount of unemployment insurance benefits drawn by their former employees. In general, the more unemployment claims an employer has, the higher their experience rating and unemployment tax rate.

For example, Alabama’s wage base is $8,000 and the maximum SUTA tax rate is 6.8% (for employers with many unemployment claims). Consequently, the maximum SUTA tax an Alabama employer could pay per employee would be $544.

New employers usually start out paying a flat SUTA tax rate for the first few years until they become experience-rated.

Here is  a summary of the range of SUTA taxes in 2021:

  • Regular rates range from 0% for employers with the lowest experience rating in seven states up to 20.6% of each employee’s base wage in Arizona for employers with the highest experience ratings.
  • The new employer rate ranges from 0.55% in South Carolina to 3.69% in Pennsylvania.
  • Arizona, California, Florida, Georgia, and Tennessee have the lowest wage bases at $7,000.
  • Washington has the highest wage base at $56,500.

To learn more about state unemployment taxes and the federal-state unemployment program, click the link below. 

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Rep. Suozzi announces gubernatorial campaign

On Nov. 29, Rep. Tom Suozzi (D-N.Y.) announced he will make a run for governor in 2022, becoming the latest member of the U.S. House of Representatives to seek a different office next year. 

Suozzi represents New York’s 3rd Congressional District. He was first elected in 2016.

Fifteen members of Congress have announced they are running for other offices, including seven Republicans and eight Democrats. Like Suozzi, Reps. Charlie Crist (D-Fla.) and Lee Zeldin (R-N.Y.) have announced plans to run for governor in their respective states. 

Overall, 35 members of Congress—six members of the U.S. Senate and 29 members of the U.S. House—have announced they will not seek re-election. 

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The Ballotpedia Podcast…brought to you by GivingTuesday

By Douglas Kronaizl
In Newsletters
November 30, 2021 at 6:57 AM

Welcome to the Tuesday, November 30, Brew. 

By: Douglas Kronaizl

Here’s what’s in store for you as you start your day:

  1. The Ballotpedia Podcast…brought to you by GivingTuesday
  2. One week until the recall election for Seattle City Councilwoman Kshama Sawant
  3. Elections tonight in Georgia and Massachusetts

The Ballotpedia Podcast…brought to you by GivingTuesday

GivingTuesday 2021 is here! During the next 24 hours, people around the world are coming together to celebrate causes near and dear to their hearts and make a difference. We hope you will choose Ballotpedia as your cause and help us launch an exciting new dimension to our platform.

In an effort to expand into the audience of politically involved individuals who prefer to get their information by listening, we are excited to announce the upcoming launch of a Ballotpedia podcast.

With your support, this podcast will enable us to share our content in a new way and engage with new and existing audiences on a deeper level. It will bring our content to life, including in-depth conversations on the stories we’re watching; interviews with noted scholars, political experts, and special guests; and, deep dives into the context surrounding current events with the same neutrality Ballotpedia is known for.

Today only, your gift can go TWICE as far, thanks to a generous donor who will match the first $10,000 raised!

Please click the link below and help us launch this groundbreaking new podcast today.

Donate today! 

One week until the recall election for Seattle City Councilwoman Kshama Sawant

On Dec. 7, 2021, voters in Seattle, Wash., will decide whether to recall District 3 City Councilwoman Kshama Sawant.

Sawant is a member of the Socialist Alternative Party and, upon her election in 2013, was the first socialist elected to Seattle city government in 97 years.

Petitioners allege three grounds for recalling Sawant: misusing city funds for electioneering purposes, disregarding regulations related to the coronavirus pandemic, and misusing her official positions. Sawant said the recall effort was politically motivated and asked a state superior court to dismiss the petition. The Washington Supreme Court ultimately ruled the recall could proceed.

Ballotpedia has tracked 324 recall efforts against 491 officials in 2021. City council recalls made up around 25% of that total with 80 efforts targeting 140 city council members. Thus far, 27 city council members’ recalls made it to the ballot: 14 were removed from office and 13 kept their seats. Looking just at the 100 largest cities, there have been 12 recall efforts against city council members in 2021. In addition to Sawant’s, two recalls in Anchorage, Alaska, made it onto the ballot, both of which were defeated.

Both opponents and supporters of the recall collected signatures to place the election on the ballot. 

Sawant’s supporters, who oppose the recall, gathered signatures in an effort to place the election on the Nov. 2 general election ballot, which typically sees higher turnout. Sawant said recall organizers did not want the recall to be held on Nov. 2 “because they don’t want ordinary working people to vote.” 

The recall’s official organizers, who support the effort, said they welcomed Sawant’s assistance but added they were “concerned that third parties who collect signatures are confusing the voters.” King County election officials said it was legal for Sawant’s supporters to gather signatures, but that those signatures needed to be given to the official recall organizers for submission. The official organizers submitted signatures on Sept. 8.

As of Nov. 17, the Kshama Solidarity Campaign, which opposes the recall, had raised $844,362. The two groups registered as supporting the recall had raised $825,375.

Since Ballotpedia began tracking recalls in 2008, we have not tracked a successful recall of a city council member in Washington.

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Elections tonight in Georgia and Massachusetts

Elections take place all year long! Ballotpedia is covering a series of municipal runoff elections in Atlanta, Ga., and a special state legislative election in Massachusetts tonight. Here’s a closer look:

Atlanta, Ga. is holding 10 runoff elections following the city’s Nov. 2 general election. In Atlanta, if no candidate receives more than 50% of the vote in the general election, the top-two finishers advance to a runoff. Voters will decide two school board races, seven city council races, and the mayorship. In the mayoral race, City Councilman Andre Dickens and City Council President Felicia Moore, both Democrats, are seeking the city’s top spot. Last May, incumbent Mayor Keisha Lance Bottoms (D) announced she would not seek re-election, making her the first Atlanta mayor since World War II to choose not to seek a second term. 

In Massachusetts’ House 4th Essex District, voters will cast ballots in a special state legislative election to select the replacement for Rep. Bradford Hill (R), who resigned earlier this year after being appointed to the Massachusetts Gaming Commission. Jamie Zahlaway Belsito (D) and Robert Snow (R) won their respective party primaries on Nov. 2 in order to appear on the Nov. 30 ballot.

As a reminder, you can view all of the upcoming elections covered by Ballotpedia using our elections calendar.

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Our new tool helps you make sense of redistricting

By Samuel Wonacott
In Newsletters
November 24, 2021 at 7:52 AM

Welcome to the Wednesday, November 24, Brew. 

By: Samuel Wonacott

Here’s what’s in store for you as you start your day:

  1. Our new map comparison tool for visualizing redistricting 
  2. A roundup of the latest redistricting news 
  3. Major party campaign committee fundraising

See what redistricting looks like in every state

Over the last few months, we’ve brought you periodic updates on the latest state legislative and congressional redistricting news. Now, we’re bringing you a tool that will allow you to immediately see what redistricting looks like in your state—and in all the others. 

Our side-by-side map widget, developed with Stadia Maps, helps you see and understand how redistricting changed—and is changing—district boundaries. For example, here’s the tool on Indiana’s redistricting page:

As shown below, if you select a district on one map, the widget highlights the corresponding district on the other map! Additionally, because zooming is synchronized, you can really see how districts compare to one another! For example, here’s Indiana’s 5th Congressional District before and after redistricting:

The redistricting process can be complicated and confusing for even the most informed voters, reporters, and researchers. That’s why we believe this new visual tool will be so helpful to you. After all, a picture is worth…well, you know how the saying goes. 

We’re installing these widgets as we obtain each state’s detailed district boundaries, so click here to see if your state’s map is ready to explore!

Keep reading 

Three more states adopt congressional maps 

Speaking of redistricting…

Three more states—Massachusetts, Ohio, and Oklahoma—recently enacted congressional redistricting plans, bringing the total number of states that have adopted such plans to 17. On this date in 2011, 27 states had adopted new congressional maps following the 2010 census.

  • Massachusetts: Gov. Charlie Baker (R) signed that state’s new congressional maps on Nov. 22 after the legislature approved it on Nov. 17. The state House approved the plan by a vote of 151-8 and the state Senate approved it, 26-13. In the previous redistricting cycle, Massachusetts adopted its congressional map almost 10 years ago to the day—on Nov. 21, 2011.
  • Ohio: Governor Mike Dewine (R) signed that state’s new congressional redistricting plan into law on Nov. 20. The Ohio Senate voted 24-7 along party lines to approve the redistricting measure on Nov. 16, and the state House approved it 55-36 on Nov. 18. In the House, 55 Republicans voted to approve the map, while five Republicans and 31 Democrats voted against the map. Since the map did not receive approval from one-half of the Democratic lawmakers, and in accordance with the Congressional Redistricting Procedures Amendment voters approved in 2018, the plan will last for two general election cycles—or four years—rather than 10. 
  • Oklahoma: Gov. Kevin Stitt (R) signed that state’s congressional maps on Nov. 22. The legislature approved it in a special session that began Nov. 15. The state House passed the plan 75-19 on Nov. 17 and the state Senate passed it 36-10 on Nov. 19. After the 2010 census, Oklahoma enacted its congressional redistricting plan on May 10, 2011.

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Major party campaign committees raised $63 million in October

According to the most recent Federal Election Commission reports, the six major party committees raised a combined $63 million in October. In the first 10 months of the 2022 election cycle, they’ve raised a combined $662 million.

The Republican National Committee (RNC) raised and spent more than the Democratic National Committee (DNC) in October. The RNC raised $13.8 million and spent $16.5 million, while the DNC raised $11.5 million and spent $13.0 million. So far in the 2022 election cycle, the RNC has raised 2.7% more than the DNC ($136.7 million to $133.0 million).

At this time in the 2020 election cycle, the RNC led the DNC in fundraising by a larger 89.0% margin ($194.0 million to $74.5 million).

So far in the 2022 election cycle, the RNC, National Republican Senatorial Committee, and National Republican Congressional Committee have raised 3.4% more than the DNC, Democratic Senatorial Campaign Committee, and Democratic Congressional Campaign Committee ($336.7 million to $325.4 million). Republicans had a 3% fundraising advantage over Democrats in September. 

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SCOTUS releases January argument calendar

By Douglas Kronaizl
In Newsletters
November 23, 2021 at 6:16 AM

Welcome to the Tuesday, November 23, Brew. 

By: Doug Kronaizl

Here’s what’s in store for you as you start your day:

  1. U.S. Supreme Court releases January argument calendar
  2. Biden announces two new federal judicial nominees
  3. Tax-related ballot measures have been certified for the 2022 ballot in Arizona and Colorado

U.S. Supreme Court releases January argument calendar

Last week the U.S. Supreme Court released its January argument calendar for the 2021-2022 term. The eight cases set for argument range from immigration to campaign finance. Click on the case names below to learn more.

Jan. 10

Jan. 11

  • Johnson v. Arteaga-Martinez concerns the right of non-citizens in immigration detention to a bond hearing.
  • Garland v. Gonzalez concerns the right of non-citizens in immigration detention to a bond hearing and the jurisdiction of federal courts to grant certain types of relief in such cases.

Jan. 12

Jan. 18

Jan. 19

To date, the court has agreed to hear 49 cases during its 2021-2022 term. Four cases were dismissed and one case was removed from the argument calendar. Eight cases have not yet been scheduled for argument. The chart below compares the 2021-2022 term to previous terms. The figure for 2021-22 will change as new cases are scheduled.

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Biden announces two new federal judicial nominees

Speaking of federal courts, here is an update on judicial nominations. President Joe Biden (D) nominated two individuals to lifetime Article III judgeships on Nov. 18. The two nominees are:

With the addition of these two, Biden has nominated a total of 62 individuals to Article III judgeships since the start of his term. To date, the U.S. Senate has confirmed 28 of Biden’s nominees: nine to appeals courts and 19 to district courts. As of Nov. 1 of his first year, Biden has made both the most appeals and district court appointments compared to every president since at least Ronald Reagan (R).

As of Nov. 17, 73 of the 870 Article III judgeships were vacant. Article III of the Constitution created and enumerated the judiciary’s powers. Article III judges are appointed for what are effectively life terms. A vacancy occurs only when a judge resigns, retires, assumes senior status, or dies. 

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Tax-related ballot measures have been certified for the 2022 ballot in Arizona and Colorado

Voters in Arizona and Colorado will decide measures regarding the income tax in their respective states in 2022. Last week, citizen-initiated ballot measures in both states were certified to appear on the Nov. 8, 2022, ballot. In Arizona, which has a Republican trifecta, voters placed a veto referendum on the ballot that would overturn a tax decrease the legislature passed earlier this year. In Colorado, which has a Democratic trifecta, voters will decide a citizen initiative that would reduce the state’s income tax rate.

Arizona

The veto referendum would repeal Sections 13 and 15 of Senate Bill 1828 (SB 1828), which would reduce the number of income tax brackets in the state from four to two. SB 1828 would also further reduce the tax brackets to a flat rate when state revenue exceeds a certain amount. 

As of 2021, for single filers, the lower income tax rate in Arizona is 2.59% on income below $26,501 and the highest is 4.50% on income above $159,000. Under SB 1828, the tax rates for a single filer would be 2.55% on income between $695 and $27,272 and 2.98% on income above $27,272. Those brackets would be reduced to a flat rate of 2.5% when state revenue exceeds $12.976 billion.

A vote “yes” would uphold SB 1828 and reduce the number of brackets while a vote “no” would repeal SB 1828 and maintain the state’s existing four brackets.

Colorado

The initiative would decrease Colorado’s state income tax rate from 4.55% to 4.40% for tax years commencing on or after Jan. 1, 2022. The measure would also reduce the tax rate for corporations operating in Colorado from 4.55% of their net income earned in the state to 4.40%.

This is the second tax-related initiative Jon Caldara of the Independence Institute and state Sen. Jerry Sonnenberg (R) have introduced in recent years. The two also sponsored Proposition 116 in 2020, which decreased the state income tax rate for individuals, estates, trusts, and the corporations mentioned above from 4.63% of federal table income to 4.55%. Voters approved that measure 58% to 42%

A vote “yes” would lower the state’s income tax rate to 4.40% while a vote “no” would maintain the state’s existing rate of 4.55%.

Overview

To date, 63 ballot measures have been certified for 2022 ballots across 30 states. Of that total, 52 are constitutional amendments or statutes referred to a public vote by a state legislature, three were automatically referred to the ballot, and eight were placed on the ballot through signature petitions. Keep an eye out for these numbers to change as legislators return for their 2022 sessions and signature gathering deadlines pass.

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