On Aug. 2, Louisiana Gov. John Bel Edwards (D) signed an executive order reinstating the indoor mask requirement for vaccinated and unvaccinated individuals. Louisiana was the only state to reintroduce a statewide indoor mask policy between July 30 and August 5.
Gov. Edwards said the order would be in place until Sept. 1, and could be extended beyond that date. The requirement came after the CDC updated its masking guidance, recommending fully vaccinated people wear masks while indoors in parts of the country with substantial or high transmission.
Five states currently have statewide mask orders for unvaccinated individuals, and 3 states have statewide mask orders for vaccinated and unvaccinated individuals. All 8 of the states have Democratic governors.
In total, 39 states have issued statewide mask requirements. Thirty-two states (16 states with Republican governors and 16 states with Democratic governors) have allowed statewide orders to expire. One state (Louisiana) that allowed a statewide order to expire later reinstated a mask order.
Election officials have scheduled the special elections for the District 16 seat in the Louisiana House of Representatives and the District 27 seat in the Louisiana State Senate for Nov. 13. The seats became vacant after Frederick D. Jones (D) resigned on July 16 after his election to a Louisiana District Court judgeship, and Ronnie Johns (R) resigned to become chairman of the Louisiana State Gaming Control Board. The primaries are on Oct. 9, and the filing deadline is on July 30.
The filing deadline to run for office in New Orleans passed on July 16. The city is holding general elections for mayor, sheriff, assessor, coroner, civil district court clerk, criminal district court clerk, and seven city council seats on Nov. 13. A primary is scheduled for Oct. 9.
A total of 71 candidates filed to run for these 13 seats. The races for civil district court clerk and coroner were both canceled when the incumbents were the only candidates to file. Both were automatically re-elected to their positions.
The mayoral race attracted 14 candidates, including incumbent Mayor LaToya Cantrell (D). She was first elected to the position in the general election on Nov. 18, 2017. In her bid for re-election, Cantrell is running against four Democrats, one Republican, four independents, and four candidates who indicated they had no party preference in the primary election.
Louisiana elections use the majority-vote system. All candidates compete in the same primary, and a candidate can win the election outright by receiving more than 50% of the vote. If no candidate does, the top two vote recipients from the primary advance to the general election, regardless of their partisan affiliation.
Democratic mayors oversaw 64 of the 100 largest cities at the beginning of 2021. New Orleans is the largest city in Louisiana and the 51st-largest city in the U.S. by population.
Election officials have scheduled a special election for the District 102 seat in the Louisiana House of Representatives for Nov. 13. The seat became vacant after former incumbent Gary Carter Jr. (D) was elected to the state Senate on June 12. The primary is on Oct. 9, and the filing deadline is on July 16.
Louisiana state Rep. Malinda White switched from the Democratic Party to no party on July 1. According to the Advocate, White said, “this decision came after many years of consideration for the people I represent. It was not a snap decision but one I have struggled with for a while.”
White was first elected to House District 75 in 2015 and was re-elected in 2019.
Of the 105 members in the Louisiana House, 33 are Democrats, 68 are Republicans, 3 are independents, and one seat is vacant.
Ballotpedia has been tracking state legislators who have switched parties since 1994. White is the thirteenth state legislator in Louisiana we’ve identified that has switched parties and the only one to switch to independent. The other 12 legislators switched to the Republican party.
Nationwide, Ballotpedia has identified 22 state legislators who have switched from the Democratic Party to independent since 1994.
The Colorado Independent Congressional Redistricting Commission released preliminary congressional district maps on June 23, making Colorado the first state in the current redistricting cycle to produce a draft congressional plan. The commission will now conduct at least three public hearings on the proposed maps in each of the state’s current congressional districts. This makes for a total of at least 21 public hearings, all of which must also be broadcast online.
After public hearings conclude, the commission can take a vote on the preliminary map or ask commission staff to make revisions. In order to enact a map, eight of the commission’s 12 members (including at least two unaffiliated members) must approve of it. The Colorado Supreme Court must also approve the map.
The Speaker of the Louisiana House of Representatives and the President of the Louisiana State Senate signed HCR90 on June 10, a concurrent resolution outlining the “minimally acceptable criteria for consideration of redistricting plans.” The resolution prohibits district-to-district population deviations exceeding 5% of the ideal district population for state legislative district plans. The resolution also requires that lawmakers use census data for redistricting purposes (not American Community Survey data, which some states have used or are considering using).
On June 21, the Michigan Supreme Court heard oral arguments over a request by the Michigan Independent Citizens Redistricting Commission to extend the state’s constitutional deadline for adopting new redistricting plans.
Under the Michigan Constitution, the commission is required to adopt new redistricting plans by November 1. It is also required to publish plans for public comment by September 17. However, in light of the delayed delivery of detailed redistricting data by the U.S. Census Bureau, the commission argues that it will “not be able to comply with the constitutionally imposed timeline.” Instead, the commission is asking that the state supreme court issue an order directing the commission to propose plans within 72 days of the receipt of redistricting data and to approve plans within 45 days thereafter.
The state supreme court asked the Office of the Attorney General to assemble two separate teams to make arguments, one team in support of the commission’s request and another opposed. The court heard oral arguments on June 21. Deputy Solicitor General Ann Sherman, speaking in support of the proposed deadline extensions, said, “The very maps themselves could be challenged if they are drawn after the November 1 deadline.” Assistant Attorney General Kyla Barranco, speaking in opposition, said, “There isn’t harm in telling the commission at this point, ‘Try your best with the data that you might be able to use and come September 17, maybe we’ll have a different case.'”
The court did not indicate when it would issue a decision in the matter.
The Louisiana State Legislature adjourned its 2021 session on June 10, 2021. It referred two constitutional amendments to the 2021 ballot and seven to the 2022 ballot.
The Louisiana Constitution limits legislation and constitutional amendments in odd-numbered years to matters concerning the state’s budget, government finance, and taxation.
2021 amendments:
The two 2021 constitutional amendments will be on the statewide ballot on October 9, 2021. In odd-numbered years from 1999 to 2019, 52 constitutional amendments appeared on the statewide ballot in Louisiana, of which, 36 (69.23%) were approved and 16 (30.77%) were defeated. There was an average of 4.7 amendments on odd-year ballots from 1999 through 2019.
Louisiana Changes to Taxing Authority of Levee Districts Amendment (2021):
The Louisiana Constitution authorizes levee districts, with district voter approval, to impose a tax of up to five mills ($5 per $1,000 of assessed value) for the purpose of constructing and maintaining levees. This amendment would remove the voter approval requirement for levee districts created between January 1, 2006, and October 9, 2021, and that vote in favor of this amendment in October. Levee districts created after October 9, 2021, would require voter approval to levy a tax.
The Board of Levee Commissioners of the Orleans Levee District may impose a tax of up to two and a half mills ($2.50 per $1,000 of assessed value). Voter approval is not required in this district. This constitutional amendment would not affect the Orleans Levee District.
Louisiana Increase Limit on Funding Reductions and Redirections During Budget Deficits Amendment (2021):
The amendment would increase from 5% to 10% the funds that can be redirected to a purpose other than what was originally provided for by law or as stated in the constitution during a projected budget deficit.
2022 amendments:
During the 2021 legislative session, the Louisiana Legislature referred seven constitutional amendments to November 8, 2022 ballot. In even-numbered years from 2000 to 2020, 96 constitutional amendments appeared on the statewide ballot in Louisiana, of which, 69 (71.88%) were approved and 27 (28.13%) were defeated. There was an average of 8.7 amendments on even-year ballots from 2000 through 2020. The legislature can refer additional amendments to the ballot in 2022.
Louisiana Adjustment of Ad Valorem Tax Rates Amendment (2022):
Currently, the state constitution provides for the adjustment of ad valorem tax rates up to the maximum authorized rate in effect the prior year. The maximum authorized rate is adjusted every four years in a statewide reassessment and may also be adjusted if the homestead exemption change.
The amendment would provide that ad valorem tax rates can be increased by a two-thirds vote of a taxing authority up to the maximum rate allowed by the constitution until the authorized rate expires.
Louisiana Reduction of the Maximum Individual Income Tax Rate Amendment (2022):
The amendment would decrease the maximum individual income tax rate from 6% to 4.75% for tax years beginning in 2022. The tax brackets for an individual would be 2% on the first $12,500 of net income, 4% on the next net income up to $37,500, and 4.75% on income above $50,000. The amendment would permit, (instead of require) a deduction for federal income taxes paid.
Louisiana Waiving Water Charges Amendment (2022):
The Louisiana Constitution currently prohibits the state or any local government from “loaning, pledging, or donating its funds, credit, property, or things of value,” though it provides certain exceptions. The amendment would add a new exception to this requirement in order to allow local governments to waive water charges for customers if water is lost due to water delivery infrastructure damages if such damages are not caused by the customer’s actions or the customer’s failure to act.
Louisiana Limit on Assessed Value Increase of Reappraised Property in Orleans Parish Amendment (2022):
The amendment would limit the increase in the assessed value of residential property in Orleans Parish to 10% of the property’s assessed value from the prior year. The effective date of the amendment is January 1, 2023.
Louisiana Increase Maximum Amount Invested in Equities for Certain State Funds Amendment (2022):
The amendment would increase the portion of money in certain state funds that could be invested in equities (stocks) from 35% to 65%. The increase would apply to the following funds:
1. Louisiana Education Quality Trust Fund;
2. Artificial Reef Development Fund;
3. Lifetime License Endowment Trust Fund;
4. Rockefeller Wildlife Refuge Trust and Protection Fund; and
5. Russell Sage or Marsh Island Refuge Fund.
The amendment would also remove a provision in the constitution that limits the legislature’s ability to increase the amount of money in the Millennium Trust that may be invested in stock and instead allows the legislature to provide for investments by general law.
Louisiana Creation of the State and Local Streamlined Sales and Use Tax Commission Amendment (2022):
The amendment would create the State and Local Streamlined Sales and Use Tax Commission. The commission would have eight members. The role of the commission would be to provide streamlined electronic filing and remittance of all sales and use taxes. It would also be responsible for promulgating rules related to all sales and use taxes levied by any taxing authority in the state. The administration of the commission would be funded by sales and use tax revenue. The amendment would require the state legislature to enact any laws related to the duties and funding of the commission. The commission would replace the Louisiana Sales and Use Tax Commission for Remote Sellers and the Louisiana Uniform Local Sales Tax Board after one year with all employees transferred to the new commission.
Louisiana Classified Civil Service Employee Public Support of Family Members’ Campaigns Amendment (2022):
The amendment would allow civil service employees to publicly support the election campaigns of individuals in their immediate family when off duty.
Click here for vote totals for each amendment broken down by political party.
A special election primary is being held on June 12 for District 7 of the Louisiana State Senate. Joanna Cappiello-Leopold (D), Gary Carter Jr. (D), Mack Cormier (D), and Patricia McCarty (R) are running in the primary. Louisiana elections use the majority-vote system. All candidates compete in the same primary, and a candidate can win the election outright by receiving more than 50% of the vote. If no candidate does, the top two vote recipients from the primary advance to the general election, regardless of their partisan affiliation.
The District 7 seat became vacant after Troy Carter (D) won a special election for Louisiana’s 2nd Congressional District on April 24. Carter had represented District 7 since 2016. He resigned on May 10, a day prior to his swearing-in as a member of Congress.
Heading into the special election, Republicans have a 27-11 majority in the Louisiana Senate with one vacancy. Louisiana has a divided government, and no political party holds a state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.
As of June, 38 state legislative special elections have been scheduled for 2021 in 16 states. Between 2011 and 2020, an average of 75 special elections took place each year. Louisiana held 36 state legislative special elections from 2011 to 2020.
The Louisiana Legislature voted to put two amendments on the Nov. 2022 ballot last week.
Louisiana Increase Maximum Amount Invested in Equities for Certain State Funds Amendment (2022)
This amendment would increase the portion of money in certain state funds that could be invested in equities (stocks) from 35% to 65%. The increase would apply to the following funds:
Louisiana Education Quality Trust Fund;
Artificial Reef Development Fund;
Lifetime License Endowment Trust Fund;
Rockefeller Wildlife Refuge Trust and Protection Fund; and
Russell Sage or Marsh Island Refuge Fund.
The amendment would also remove a provision in the constitution that limits the legislature’s ability to increase the amount of money in the Millennium Trust that may be invested in stock and instead allows the legislature to provide for investments by general law.
The legislature passed House Bill 154 on June 2 by a vote of 36-0 in the Senate and 100-0 in the House. In Louisiana, a two-thirds vote is needed in each chamber of the Louisiana State Legislature to refer an amendment to the ballot.
Louisiana Creation of the State and Local Streamlined Sales and Use Tax Commission Amendment (2022)
This amendment would create the State and Local Streamlined Sales and Use Tax Commission. The commission would be comprised of eight members. The purpose of the commission would be to provide streamlined electronic filing and remittance of all sales and use taxes. It would also be responsible for promulgating rules related to all sales and use taxes levied by any taxing authority in the state. The administration of the commission would be funded by sales and use tax revenue. The amendment would require a two-thirds (66.67 percent) supermajority vote by the state legislature to enact any laws related to the duties and funding of the commission. The commission would replace the Louisiana Sales and Use Tax Commission for Remote Sellers and the Louisiana Uniform Local Sales Tax Board after one year with all employees transferred to the new commission.
This amendment was introduced as House Bill 199 (HB 199) on March 26, 2021. On April 21, 2021, the House passed HB 199 in a vote of 97-4 with three absent. The Senate unanimously passed the bill with amendments on May 12, 2021. The House rejected the Senate’s amendments and a conference committee was called. Both houses adopted the conference committee’s version of the bill unanimously on June 3, 2021.
Potential 2021 and 2022 Louisiana ballot measures
There are eight other constitutional amendments for the 2022 ballot and three amendments for the 2021 ballot that have passed one chamber of the Louisiana Legislature. They would appear on the statewide ballot if passed in the second chamber.
Louisiana historical ballot measure statistics
From 2000 to 2020, a total of 132 constitutional amendments appeared on the statewide ballot in Louisiana. A total of 96 amendments appeared on the ballot during even-numbered years, and 36 amendments appeared on the ballot during odd-numbered years. The average number of amendments appearing on the statewide ballot was 10 in even-numbered years and 4 in odd-numbered years. Voters approved 71.88% (69 of 96) and rejected 28.13% (27 of 96) of the amendments during even years. Voters approved 69.44% (25 of 36) and rejected 30.56% (11 of 36) of the amendments during odd years.
Last week, the U.S. Census Bureau released apportionment counts for the U.S. House of Representatives, kicking off the 2021-2022 redistricting cycle. Throughout this year and next, policymakers (including state legislators, governors, and special redistricting commissions) will draft and implement new state legislative and congressional district maps, which will remain in force for the next 10 years. Beginning today, we will provide weekly updates on major redistricting events across all 50 states.
• Oklahoma lawmakers unveil draft maps for state legislature: On April 21, Oklahoma lawmakers released their proposed district maps for the state senate and house of representatives, making Oklahoma the first state in the 2021-2022 cycle to produce draft maps. In lieu of final 2020 census data, which has not yet been made available to the states, lawmakers used the U.S. Census Bureau’s American Community Survey data for 2015 through 2019 to draft their proposals.
• Release of apportionment counts triggers lawsuits in Louisiana, Minnesota, and Pennsylvania: On April 26, Democracy Docket filed three separate lawsuits on behalf of registered voters in three states, asking courts in Louisiana, Minnesota, and Pennsylvania to intervene and set up timelines for enacting court-drawn maps for the 2022 election cycle “in the near-certain event” that governors and legislatures in each state fail to do so. The substantive language used in the three suits is similar. All three allege that “there is no reasonable prospect that … political branches will reach consensus to enact” lawful district maps in a timely manner because the three states operate under divided governments (i.e., both the Democratic and Republican parties control at least one of the following: the governorship, the upper chamber of the state legislature, and the lower chamber).
• New York Gov. Cuomo mulls legal challenge over loss of congressional seat: On April 27, Gov. Andrew Cuomo (D) told reporters that he was considering the state’s “legal options” with respect to New York’s loss of one congressional seat to reapportionment. According to estimates by the U.S. Census Bureau, the state could have kept the seat if 89 additional New York residents had been counted. Cuomo said, “Do I think it was accurate within 89? No. And we’re looking at legal options. Because when you’re talking about 89, that could be a minor mistake in counting.” According to Janna Johnson, an assistant professor at the University of Minnesota Humphrey School of Public Affairs, no state has ever succeeded in challenging apportionment counts in court.
• Pennsylvania Supreme Court appoints chairman of state legislative redistricting commission: On May 3, the Pennsylvania Supreme Court announced the appointment of Mark Nordenberg as chairman of the Pennsylvania Legislative Reapportionment Commission. Nordenberg, Chair of the University of Pittsburgh’s Institute of Politics, joins Sen. Majority Leader Kim Ward (R), Sen. Minority Leader Jay Costa (D), House Majority Leader Kerry Benninghoff (R), and House Minority Leader Joanna McClinton (D). The state supreme court appointed Nordenberg as chairman after the four other members of the commission failed to agree on an appointment. The commission has the sole authority to draft and implement new state legislative district maps.
