Two states ended statewide public mask requirements for vaccinated and unvaccinated people between June 5-11.
Illinois Governor J.B. Pritzker (D) moved the state to Phase 5 of reopening June 11, ending the statewide mask mandate. The state still requires masks in schools, on public transit, in hospitals, and at congregate facilities like prisons and homeless shelters. Masks are also recommended in indoor public spaces for individuals who are not fully vaccinated.
Kentucky Governor Andy Beshear (D) ended the statewide mask requirement, remaining social distancing requirements, and all capacity restrictions June 11. Vaccinated and unvaccinated people still have to wear masks on public transit, at schools, and in healthcare settings.
In total, 39 states issued statewide public mask requirements during the pandemic. At the time of writing, 13 states had statewide mask orders, including 11 of the 23 states with Democratic governors and two of the 27 states with Republican governors. Of those 13 states, at least 11 exempted fully vaccinated people.
Of the 26 states that have fully ended statewide public mask requirements, 14 have Republican governors and 12 have Democratic governors. Twenty-three states ended mask requirements through executive order, two (Kansas and Utah) ended mask requirements through legislative action, and one (Wisconsin) ended its mandate through court order.
On June 4, Gov. J.B. Pritzker (D) signed into law new maps for the Illinois state Senate, the Illinois House of Representatives, and the Illinois Supreme Court, making Illinois the first state to enact new district maps in this redistricting cycle.
Upon signing the maps into law, Pritzker said, “Illinois’ strength is in our diversity and these maps help to ensure that communities that have been left out and left behind have fair representation in our government. These district boundaries align with both the federal and state Voting Rights Acts, which help to ensure our diverse communities have electoral power and fair representation.” House Minority Leader Jim Durkin (R), who voted against the new maps, said, “Gov. Pritzker, you sold out. You sold out independents, you sold out Republicans, you sold out Democrats, to the partisan Democrat machine which has destroyed Illinois.”
State supreme court districts were last redrawn in 1964. Illinois is divided into five supreme court districts. Cook County (home to Chicago) forms a single district, but it is allocated three seats on the seven-member court. Downstate Illinois is divided into four districts, each with one seat on the court. The state constitution allows state lawmakers to redraw supreme court districts at any time. However, according to The Chicago Tribune, “lawmakers have traditionally used boundaries for the circuit, appellate and Supreme Court laid out in a 1964 overhaul of the state’s court system.”
In Illinois, the General Assembly is responsible for redistricting. Maps are subject to gubernatorial veto. Illinois is a Democratic trifecta, meaning that Democrats control the governorship and majorities in both chambers of the General Assembly. The General Assembly approved the state legislative redistricting plan (HB2777) and the supreme court redistricting plan (SB0642) on May 28. In both chambers, the votes split along party lines, with all Democrats voting ‘yea’ and all Republicans present voting ‘nay.’
Because the U.S. Census Bureau does not expect to deliver granular redistricting data to the states until mid-August, and in light of the state constitution’s June 30 deadline for state legislative redistricting, Illinois lawmakers used population estimates from the American Community Survey to draft the new maps.
It is not clear when lawmakers will begin the congressional redistricting process. The state constitution sets no deadline for congressional redistricting.
Last week, Illinois lawmakers approved revised maps for the Illinois state Senate, the Illinois House of Representatives, and the Illinois Supreme Court. Both sets of maps were approved along party lines, with all Democrats voting ‘yea’ and all Republicans present voting ‘nay.’
In Illinois, the General Assembly is responsible for redistricting. Maps are subject to gubernatorial veto. Illinois is a Democratic trifecta, meaning that Democrats control the governorship and majorities in both chambers of the General Assembly. Gov. J.B. Pritzker (D) has not indicated whether he intends to sign HB2777 and SB0642 into law.
Illinois lawmakers released the proposed maps on May 21. Sen. Omar Aquino (D), chair of the Senate Redistricting Committee, said, “Redistricting is about making sure all voices are heard, and that’s exactly what this map accomplishes. This is a fair map that reflects the great diversity of our state and ensures every person receives equal representation in the General Assembly.”
Rep. Tim Butler (R) criticized the proposals: “Tonight’s drop of partisan maps is yet another attempt to mislead voters in an effort to block fair elections. We continue our call upon Governor Pritzker to live up to his pledge to the people of Illinois and veto a map that was drawn by politicians like what we see here today.”
Illinois lawmakers also released proposed maps for state supreme court districts, which were last redrawn in 1964. Illinois is divided into five supreme court districts. Cook County (home to Chicago) forms a single district, but it is allocated three seats on the seven-member court. Downstate Illinois is divided into four districts, each with one seat on the court.
The state constitution allows state lawmakers to redraw supreme court districts at any time. However, according to _The Chicago Tribune_, “lawmakers have traditionally used boundaries for the circuit, appellate and Supreme Court laid out in a 1964 overhaul of the state’s court system.”
Rep. Lisa Hernandez (D), chair of the House Redistricting Committee, said it was necessary to redraw the court’s district maps to ensure more equal populations between districts: “This map is about equal representation in the state’s most important court. As we strive for all to be equal before the law, we must ensure we all have an equal voice in choosing those who uphold it.”
The state Republican Party opposed the redrawn the state supreme court map: “This is a brazen abuse of our judicial system and nothing more than political gamesmanship with what should be an independent court, free of corrupt influence.”
In 2022, voters in Illinois will decide a constitutional amendment to make collective bargaining a right. The ballot measure would also prohibit a future right-to-work law in Illinois.
In the General Assembly, the constitutional amendment needed to receive 36 votes in the Senate and 71 votes in the House. The Illinois Senate voted 49 to 7 on May 21, 2021. Senate Democrats and 11 Senate Republicans supported the resolution, while seven Senate Republicans opposed it. The Illinois House of Representatives voted in favor of the amendment 80 to 30 on May 26, 2021. House Democrats and 9 House Republicans supported the resolution. Thirty House Republicans voted against the proposal. During committee hearings, representatives from the Associated Fire Fighters of Illinois, Chicago Teachers, and Illinois AFL-CIO advocated for the constitutional amendment, and representatives from the Illinois Association of School Boards, Illinois Chamber of Commerce, and National Federation of Independent Business advocated against it.
Currently, 27 states have right-to-work laws, which mandate that no person can be required to pay dues to a labor union or join a labor union as a condition of employment.
In 2018, Missouri voters repealed the right-to-work law through a veto referendum. Missouri was the last state in which voters directly voted on a right-to-work law.
In 2022, Tennessee voters will decide a measure to put a right-to-work provision into the state’s constitution. Tennessee enacted a right-to-work law in state statute 1947.
Since 1995, Illinois voters have decided 7 constitutional amendments, approving 5 of them. The most recent defeated measure was in 2020, when 53% of voters opposed a constitutional amendment to repeal the requirement that the state personal income tax be a flat rate and instead allow the state to enact legislation for a graduated income tax. The 2020 tax amendment saw more than $123 million in contributions, with supporters and opponents evenly split in terms of campaign cash.
The Illinois General Assembly is expected to adjourn on May 31, 2021. Additional constitutional amendments can be referred to the 2022 general election ballot during the remainder of this year’s legislative session or during next year’s legislative session.
Ohio: On May 25, Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau’s plan to deliver redistricting data to the states by September 30, 2021, instead of April 1, 2021, the deadline set forth in federal law. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021. The legacy format would present the data in raw form, without the data tables and other access tools the Census Bureau will ultimately prepare for the states. The Census Bureau also agreed to deliver biweekly updates (and, in August, weekly updates) on its progress. Yost said, “This administration tried to drag its feet and bog this down in court, but Ohio always had the law on its side and now the federal government has finally agreed. It’s time to cough up the data.” As of May 26, the Census Bureau had not commented publicly on the settlement.
The Census Bureau had previously indicated that redistricting data would be made available to states in a legacy format in mid-to-late August 2021, saying the following in a statement released on March 15, 2021: “In declarations recently filed in the case of Ohio v. Raimondo, the U.S. Census Bureau made clear that we can provide a legacy format summary redistricting data file to all states by mid-to-late August 2021. Because we recognize that most states lack the capacity or resources to tabulate the data from these summary files on their own, we reaffirm our commitment to providing all states tabulated data in our user-friendly system by Sept. 30, 2021.”
Illinois: State lawmakers in Illinois released their proposed maps on May 21 for the Illinois State Senate and the Illinois House of Representatives, becoming the second state (after Oklahoma) in the 2020 redistricting cycle to produce draft maps.
Upon announcing the release of the proposed maps, Sen. Omar Aquino (D) said, “Redistricting is about making sure all voices are heard, and that’s exactly what this map accomplishes. This is a fair map that reflects the great diversity of our state and ensures every person receives equal representation in the General Assembly.”
Rep. Tim Butler (R) criticized the proposed maps: “Tonight’s drop of partisan maps is yet another attempt to mislead voters in an effort to block fair elections. We continue our call upon Governor Pritzker to live up to his pledge to the people of Illinois and veto a map that was drawn by politicians like what we see here today.”
In Illinois, the General Assembly is responsible for both congressional and state legislative redistricting. Redistricting plans are subject to gubernatorial veto. Illinois is a Democratic trifecta, meaning that Democrats control the governorship and majorities in both chambers of the General Assembly.
Wisconsin: On May 14, the Supreme Court of Wisconsin denied a petition for a proposed rule by which the state supreme court would have assumed original jurisdiction over redistricting lawsuits. When a court assumes original jurisdiction, it has the “power to hear and decide a matter before any other court can review the manner.”
On June 3, 2020, Attorney Richard M. Esenberg, Brian McGrath, and Anthony F. LoCoco, on behalf of Scott Jensen and the Wisconsin Institute for Law and Liberty, filed the petition for the proposed rule, saying that the state supreme court had, in Jensen v. Wisconsin Elections Board (2002), “noted that redistricting was primarily a state and not a federal responsibility … but nevertheless deferred to the federal courts because of the perceived procedural problem of a lack of rules for such a case in [the state supreme court.” The petitioners asked the court to adopt the proposed rule “to cure the perceived procedural problems it noted in Jensen.”
In an unsigned order denying the petition, the court said, “The court determined that, as drafted, the procedures proposed in this administrative rule petition are unlikely to materially aid this court’s consideration of an as yet undefined future redistricting challenge, and voted to deny the petition.” The court added, “Our decision in this rule matter should not be deemed predictive of this court’s response to a petition for review asking this court to review a lower court’s ruling on a redistricting challenge or a request that we assume original jurisdiction over a future redistricting case or controversy.”
U.S. Representative Cheri Bustos (D-IL) announced on April 30 that she would not run for re-election in 2022.
Bustos was first elected to the U.S. House to represent Illinois’ 17th Congressional District in 2012. She most recently won re-election in 2020, defeating Esther Joy King (R), 52% to 48%.
As of April 30, eight members of the U.S. House—three Democrats and five Republicans—have announced they will not seek re-election in 2022. Five members of the U.S. Senate—all Republicans—have announced they will not run for re-election.
Thirty-six members of the U.S. House did not run for re-election in 2020—26 Republicans, nine Democrats, and one Libertarian. In 2018, 52 members of the U.S. House did not run for re-election, including 34 Republicans and 18 Democrats.
On April 26, 2021, the U.S. Census Bureau released it post-2020 census apportionment counts. Six states—Texas (two seats), Colorado, Florida, Montana, North Carolina, and Oregon—gained seats. Seven states—California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia—each lost a seat.
Of the six states that gained congressional seats, three are Republican trifectas (Texas, Florida, and Montana), meaning Republicans control the governorship and majorities in both state legislative chambers in each. Two (Colorado and Oregon) are Democratic trifectas, and one (North Carolina) is a divided government.
Of the seven states that lost congressional seats, three (California, Illinois, and New York) are Democratic trifectas, two (Ohio and West Virginia) are Republican trifectas, and two (Michigan and Pennsylvania) are divided governments.
What is apportionment, and how does it work? Every ten years, the nation conducts the census, a complete count of the U.S. population. The data gleaned from the census determines congressional apportionment. Apportionment is the process by which the 435 seats in the U.S. House of Representatives are allotted to the states on the basis of population, as required under Article I, Section 2, of the U.S. Constitution. A state can gain seats in the House if its population grows – or lose seats if its population decreases – relative to populations in other states.
After the first census (1790), the 105 members of U.S. House represented about 34,000 residents each. Now, the 435 members of the House will represent an average of 761,169 residents each.
The 2020 census: According to the 2020 census, the resident population of the United States, as of April 1, 2020, was 331,449,281, representing a 7.4 percent increase over the 2010 population. California remained the most populous state with 39,538,223 residents. The population of Texas, the only state to gain multiple congressional seats from apportionment, grew by nearly 4 million residents between 2010 and 2020, reaching 29,145,505. Utah was the fastest-growing state: its population increased by 18.4 percent between 2010 and 2020, reaching 3,271,616.
The census is a complex undertaking. First, the Census Bureau collects data. This involves making a list of every residence (including houses, apartments, dorms, etc.) in the 50 states, the District of Columbia, and the five U.S. territories; asking members of each household in the country to complete the census survey; and following up with those households that did not submit surveys. The Census Bureau then must process the data. This involves making a final list of residential addresses, cross-checking for duplicate responses, and processing write-in responses. The Census Bureau also uses imputation, a statistical method applied “in rare instances” that enables the Census Bureau “to fill in missing information using what we already know about an address and its nearest, similar neighbor.” Typically, upon final processing of the data, the Census Bureau delivers state population and apportionment counts by December 31 in the year of the census. Detailed redistricting data follows by April 1 of the next year.
On November 19, 2020, Census Bureau Director Steve Dillingham announced that, “during post-collection processing, certain processing anomalies [had] been discovered.” Dillingham said that he had directed the bureau “to utilize all resources available to resolve this as expeditiously as possible.” On January 27, 2021, Kathleen Styles, a Census Bureau official, announced that the final apportionment report would be delivered by April 30, 2021.
What comes next: The Census Bureau has not yet delivered redistricting data to the states. Upon announcing the 2020 apportionment counts, Acting Census Bureau Director Ron Jarmin said, “Our work doesn’t stop here. Now that the apportionment counts are delivered, we will begin the additional activities needed to create and deliver the redistricting data that were previously delayed due to COVID-19.” The Census Bureau expects to deliver the raw data to the states by August 16. The “full redistricting data with toolkits for ease of us” will be delivered by September 30.
On Feb. 25, Angelica Guerrero-Cuellar (D) was appointed to represent District 22 in the Illinois House of Representatives, replacing Edward Guerra Kodatt (D), who resigned on Feb. 24 after three days in office. Former Illinois House Speaker Michael Madigan (D) held the seat for fifty years prior to his resignation earlier this year.
Kodatt had been appointed on Feb. 21 after an endorsement by Madigan, who held 56% of the weighted vote in choosing his successor due to his role as 13th Ward Democratic committeeman. Three days later, Madigan called on Kodatt to resign due to allegations of misconduct. Kodatt worked for Chicago’s 13th Ward Alderman Marty Quinn at the time of his appointment.
“After learning of alleged questionable conduct by Mr. Kodatt, it was suggested that he resign as state representative for the 22nd District,” Madigan and Quinn said in a joint statement. “We are committed to a zero-tolerance policy in the workplace.”
The 22nd District’s ward and township committeemen chose Guerrero-Cuellar, who had received the second-highest vote total when Kodatt was appointed, after Madigan threw his support to her following Kodatt’s resignation. At the time of her appointment, Guerrero-Cuellar worked in community services on COVID-19 education and contact tracing.
The Illinois House of Representatives is the lower chamber of the Illinois General Assembly. With Guerrero-Cuellar’s appointment, the partisan breakdown of the chamber is 73 Democrats and 45 Republicans.
Illinois state Rep. Michael Madigan (D) announced on Feb. 18 that he would resign from the Illinois General Assembly. Madigan has been a member of the state House since 1971, representing District 22.
“Fifty years ago, I decided to dedicate my life to public service,” Madigan said in a statement. “Simply put, I knew I wanted to make a difference in people’s lives. I believed then and still do today that it is our duty as public servants to improve the lives of the most vulnerable and help hardworking people build a good life. These ideals have been the cornerstone of my work on behalf of the people of Illinois and the driving force throughout my time in the Illinois House.”
Madigan served as House speaker from 1983 until 1995, when the Republican Party gained control of the chamber, and again from 1997 to 2021. In 2017, Madigan became the longest-serving state House speaker in U.S. history. In 2021, he was not re-elected as speaker after Illinois utility company Commonwealth Edison admitted its involvement in an effort to influence Madigan to pass favorable legislation through offering jobs, contracts, and payments to his associates. Madigan was not charged with a crime and has denied any wrongdoing or knowledge of the scheme. Chris Welch (D) was elected to succeed Madigan as speaker on Jan. 13.
Vacancies in the Illinois General Assembly are filled by appointment by the party which last held the seat. Vacancies must be filled within 30 days by the respective party organizations covering the legislative district. As a member of the Cook County Democratic Party, Madigan has a role in choosing his successor.
The Illinois House of Representatives is the lower chamber of the Illinois General Assembly. With Madigan’s resignation, the partisan breakdown of the chamber will be 72 Democrats, 45 Republicans, and one vacancy.
On Feb. 6, two new state legislators were appointed to fill vacancies in the Illinois state Senate. Doris Turner (D) was appointed by the Democratic county chairs of the 48th Legislative District Committee to fill the seat formerly occupied by Andy Manar (D). Manar left office in January in order to take a position as senior advisor to Illinois Governor J.B. Pritzker (D).
At the time of her appointment, Turner served as Ward 3 Alderman for the city of Springfield, Illinois. She previously worked for the State of Illinois for 33 years, 22 of which were with the Illinois Department of Public Health.
Mike Simmons (D) was appointed by the Cook County Democratic Party committee to fill the District 7 seat left vacant by the retirement of Heather Steans (D) in January. Steans cited a need for “fresh eyes and fresh energy,” and that it was “time to pass the baton.” Simmons is the founder of Blue Sky Strategies & Co. and previously worked as a policy director for Chicago mayor Rahm Emanuel, and for U.S. Senator Dick Durbin (D-IL).
When a vacancy occurs in the Illinois state Senate, the Illinois Constitution requires that it be filled by appointment by the political party that last held the seat. The new legislator must be chosen by the party organization covering the legislative district within 30 days.
The Illinois state Senate is the upper chamber of the Illinois General Assembly. With the appointments of Turner and Simmons, the current partisan breakdown of the chamber is 41 Democrats, 18 Republicans, and no vacancies.