Our weekly summary of state & local news highlights the start of Texas’ early voting and an update on redistricting. Read all about it in this week’s edition of the State & Local Tap.
Today’s edition is the final version of the State & Local Tap. We are so grateful for your readership over the years. Please check out our Weekly Brew to stay connected with some of Ballotpedia’s most popular stories from each week. Looking for in-depth information about school board elections and recall efforts, including candidate filing deadlines and election results? Our weekly Hall Pass newsletter might be perfect for you. Click here to learn more.
Ballot Measures Update
Sixty-eight (68) statewide measures have been certified for the 2022 ballot in 31 states so far. Two new measures were certified for the ballot last week:
Enough signatures were verified for four initiatives in Massachusetts and Ohio to certify them to the legislature. If the legislature doesn’t enact them, proponents will need to gather a second round of signatures.
Forty-three state legislatures—Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming—are in regular session.
Local Ballot Measures: The Week in Review
In 2022, Ballotpedia is providing comprehensive coverage of elections in America’s 100 largest cities by population and all state capitals. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections, as well as all local ballot measures in California and a selection of notable local ballot measures about elections and police-related policies. Recent and upcoming local ballot measure elections are listed below:
Feb. 8:Voters in the Seattle Public School district approved two property tax levy measures.
Special Elections
Thirty-eight (38) state legislative special elections have been scheduled in 19 states this year. Twelve specials have taken place already. Heading into those races, Democrats had controlled 10 of the seats, and Republicans controlled two.
In special elections between 2011 and 2021, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
An average of 85 seats were filled through special elections in each of the past six odd years (2011: 95, 2013: 84, 2015: 89, 2017:98, 2019: 77, 2021: 66).
Minnesota enacts new legislative district boundaries
Minnesota enacted new state legislative district boundaries on Feb. 15 when a special judicial redistricting panel issued an order adopting final maps. Minnesota Supreme Court Chief Justice Lorie Gildea established the five-judge special redistricting panel in June 2021 to hear legal challenges regarding redistricting and adopt maps should the legislature not agree on them. The panel consisted of two state court of appeals justices and three state district court judges. Republican governors originally appointed two of the five justices, Democratic governors first appointed two, and former Gov. Jesse Ventura (Reform) originally appointed one justice.
After the 2010 census, Gov. Mark Dayton (D) vetoed state legislative district boundaries in May 2011 that the Republican-controlled legislature had adopted, and the Minnesota Supreme Court appointed a judicial panel to draw the lines. That panel issued its map on Feb. 21, 2012.
Early voting in the Texas primary started Feb. 14, making Texas the first state in the 2022 election cycle to open the polls.
This year, 44 states and the District of Columbia offer some form of no-excuse early voting, meaning that any eligible voter can vote early, in person, without being required to cite an approved excuse. Early voting is sometimes referred to as in-person absentee voting. Six states do not offer no-excuse early voting: Alabama, Connecticut, Mississippi, Missouri, New Hampshire, and South Carolina.
In the last midterm election cycle (2018), 37 states offered some form of no-excuse early voting. In the 2018 general election, approximately 16.2 million Americans cast their ballots early in person, representing about 19.5 percent of total turnout, according to the United States Elections Project.
No additional states are scheduled to open early voting periods until April. In April, six states will begin early voting: Indiana and Ohio on April 5, Nebraska on April 11, South Dakota on April 23, West Virginia on April 27, and North Carolina on April 28.
Thirty-eight state legislatures—Alabama, Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin—are in regular session.
Special Elections
Thirty state legislative special elections have been scheduled in 15 states so far this year. Seven specials have taken place already. Heading into those races, Democrats had previously controlled six of the seats, and Republicans previously controlled one.
In special elections between 2011 and 2021, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
An average of 85 seats were filled through special elections in each of the past six odd years (2011: 95, 2013: 84, 2015: 89, 2017:98, 2019: 77, 2021: 66).
New Hampshire Secretary of State retirement triggers triplex status change
On Jan. 10, 2022, New Hampshire Secretary of State William Gardner (D), the longest-serving secretary of state in U.S. history, retired. The New Hampshire legislature first elected Gardner to the position in 1976.
Deputy Secretary of State David Scanlan (R) was sworn in after Gardner resigned. According to the New Hampshire Constitution, the deputy secretary of state replaces the secretary until a new secretary is appointed. Scanlan will serve the remainder of Gardner’s term, which ends in December 2022.
Scanlan’s swearing-in created a Republican triplex in New Hampshire, meaning that Republicans control the executive offices of governor, attorney general, and secretary of state. In New Hampshire, a joint session of the state legislature chooses the secretary of state.
In 2022, 27 states are holding an election for secretary of state. Click here to read more about those elections. There are 21 Democratic secretaries of state and 26 Republican secretaries of state. The position does not exist in Alaska, Hawaii, or Utah.
Marijuana policy could be on numerous statewide ballots this year
Ballotpedia is tracking 20 citizen-initiated measures in nine states related to marijuana that could appear before voters in 2022. As of 2022, recreational marijuana is legal in 18 states and Washington, D.C., and medical marijuana is legal in 36 states and D.C.
In Ohio, sponsors of an initiative to legalize recreational marijuana submitted an additional 29,918 signatures on January 13, after the secretary of state verified their initial petition contained 119,825 valid signatures–13,062 less than the number required. If enough of the additional signatures are found to be valid, the initiative will go before the state legislature. If the state legislature does not enact it outright, sponsors will have to collect a second round of 132,887 signatures to place it on the 2022 ballot. In 2015, Ohio voters defeated Issue 3 with a margin of 63.65% to 36.35%.
In Arkansas, voters could decide on two marijuana initiatives. One initiative would decriminalize marijuana, give limited immunity to cannabis businesses, and create regulations on the cannabis industry. The other would legalize marijuana use for individuals 21 years of age and older regardless of residency. Both campaigns have until July 8, 2022, to collect 89,151 valid signatures.
Florida voters could decide changes to the state’s medical marijuana amendment approved by voters in 2016 with two separate initiatives. Initiative #18-02 would add nine mental health disorders to the list of qualifying conditions to purchase and use medical marijuana. Initiative #18-05 would redefine medical use under the measure to include growing up to nine marijuana plants.
Nebraska has four initiatives cleared for circulation related to marijuana. Three of the initiatives would establish a state medical marijuana program and are sponsored by State Senators Anna Wishart (D) and Adam Morfeld (D). One initiative is a constitutional amendment, and the other two are state statutes. The Nebraska Hemp Company filed a constitutional amendment to legalize recreational marijuana. The Nebraska signature deadline is July 7, 2022.
In North Dakota, an initiative was cleared for signature gathering that would legalize marijuana use for residents 21 years of age and older and allow a person to possess, grow, process, or transport up to 12 cannabis plants for personal use. In 2018, North Dakota voters defeated Measure 3, an initiative that would have legalized marijuana, in a vote of 59.45% to 40.55%.
Kind Idaho filed an initiative to establish a state medical marijuana program. Sponsors attempted to qualify an identical initiative for the 2020 Idaho ballot but suspended their signature-gathering campaign in April 2020 due to the coronavirus pandemic. Voters could also decide on an initiative to legalize recreational marijuana. The initiative is sponsored by The Idaho Way. The campaigns need to submit 64,945 valid signatures by May 1, 2022.
In Missouri, there are three initiatives cleared for circulation that would legalize and regulate recreational marijuana. The initiatives were filed by three different sponsors. A constitutional amendment to change the state’s medical marijuana program approved by voters in 2018 was also cleared for circulation. It would allow medical marijuana patients to grow marijuana for personal use, decrease the cost of a patient identification card from $100 to $25, and allow up to three primary caregivers for a medical marijuana patient. The signature requirement for constitutional amendments is 160,199 signatures by May 8, 2022.
Oklahomans for Responsible Cannabis Action filed three initiatives. Two initiatives would (1) amend the state constitution to legalize marijuana for persons 21 years old and older and (2) impose a 15% excise tax on marijuana sales for purchases by an individual without a medical marijuana license. The third initiative would make changes to the state’s medical marijuana program to create the State Cannabis Commission to replace the Oklahoma Medical Marijuana Authority.
In South Dakota, an initiative to legalize marijuana was cleared for signature gathering. In 2020, 54.18% of voters approved Amendment A, which would have legalized marijuana, but it was later overturned by a supreme court ruling that found the initiative violated the state’s single-subject rule and constituted a revision of the constitution rather than an amendment. The 2022 initiative was filed by New Approach South Dakota, which also sponsored the 2020 amendment.
Click here to keep up-to-date on marijuana-related statewide ballot measures in 2022.
Ohio Redistricting Commission meets to develop new legislative maps
The Ohio Redistricting Commission met Jan. 18 and 20 ahead of a court-established Jan. 22 deadline to create new legislative maps. The Ohio Supreme Court ruled on Jan. 12 that state legislative district maps approved by the commission were partisan gerrymanders in violation of the state constitution. The Republican-controlled commission voted 5-2 along party lines to approve the maps on Sept. 16, 2021.
In its ruling, the court cited a constitutional amendment approved by Ohio voters in 2015 that revamped the state’s redistricting process by creating the bipartisan commission responsible for drawing state legislative maps without partisan bias. Voters approved the amendment with 71% of the vote.
The amendment also included a proportionality requirement, which directed the commission to try to match districts with statewide vote totals over the past decade. During the redistricting process, it was determined that Republicans had won 54% of the statewide vote since 2010 and Democrats had won 46%. The court said the commission’s maps favored Republicans in 68% of the House districts and 70% of the Senate districts, in violation of the amendment.
Kentucky adopts new legislative district boundaries
Kentucky adopted new legislative district boundaries this week after the General Assembly overrode Gov. Andy Beshear’s (D) veto of legislation establishing new state House districts on Jan. 20. The vote to override the governor’s veto was 24-10 in the state Senate with all votes in favor by Republicans and eight Democrats and two Republicans voting against. The override vote was 69-23 in the state House, with all votes cast in favor by Republicans and 22 Democrats and one Republican voting to sustain Beshear’s veto.
In his veto statement, Gov. Beshear said he felt the redistricting plan split counties for partisan reasons. He also said, “Moreover, according to the demographic data the House released after it passed this bill, this plan appears to dilute the voices of certain minority communities.”
After the House voted to override the governor’s veto, state Representative Jerry Miller (R) said, “This is constitutional, it fully meets the voting [rights act]. And I think he was foolish to veto it.”
Gov. Beshear allowed the redistricting proposal for new state Senate districts to become law without his signature on Jan. 21. That legislation passed the state Senate on Jan. 6, 28-4, and the state House on Jan. 8, 67-23.
Kentucky statewide filing deadline is Jan. 25
Kentucky’s filing deadline for candidates seeking to run for office this year is Jan. 25. The deadline was originally Jan. 7, but Gov. Andy Beshear (D) and the Kentucky General Assembly pushed back the date to give themselves more time to enact new state legislative and congressional maps.
The deadline applies to candidates running in U.S. Senate and House races, as well as state Senate and state House races.
The only state whose filing deadline has passed is Texas, where candidates had until Dec. 13 to file. Texas will be holding the earliest primaries of the 2022 election season, scheduled for March 1. Kentucky, Alabama, and West Virginia are among the 12 states holding primaries in May.
After Kentucky, the next deadline for candidates running in state and federal offices will be in Alabama, on Jan. 28, followed by Jan. 29 for candidates in West Virginia.
Happy New Year! Our weekly summary of state & local news highlights an overview of last year’s state legislative vacancies and an update on California’s mask mandate. Read all about it in this week’s edition of the State & Local Tap.
Ballot Measures Update
Sixty-four statewide measures have been certified for the 2022 ballot in 30 states so far. One new measure was certified for the ballot last week:
Fourteen state legislatures—California, Illinois, Indiana, Kentucky, Maine, Massachusetts, Mississippi, Missouri, Nebraska, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont—are in regular session. New Jersey’s 2021 state legislative session is scheduled to adjourn on Jan. 11, 2022.
Special Elections
Nineteen state legislative special elections have been scheduled in 12 states so far this year. Two of those specials were canceled due to lack of opposition.
In special elections between 2011 and 2021, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
An average of 85 seats were filled through special elections in each of the past six odd years (2011: 95, 2013: 84, 2015: 89, 2017:99, 2019: 77, 2021: 66).
Ballotpedia identified 171 state legislative vacancies across 43 states in 2021. One hundred and twenty-nine (129) of those vacancies have been filled.
One hundred and twenty-four (124) vacancies occurred in state Houses and 47 occurred in state Senates. Ninety (90) of the vacant seats were originally held by Democrats and 81 were originally held by Republicans.
Seventy-nine (79) vacancies occurred in states that fill vacancies through appointments, 81 occurred in states that fill vacancies through special elections, and 11 occurred in states that fill vacancies through a hybrid system that uses both appointments and special elections.
Arizona had the highest number of vacancies (13), followed by New Hampshire (11) and Oregon (10).
The most common reasons for a state legislative vacancy include an officeholder resigning, dying, leaving for a new job, being elected or appointed to a different office, or receiving a legal conviction. In 2021, Ballotpedia identified 90 state legislative vacancies that were caused by resignations, 52 caused by officeholders being appointed or elected to other offices, 25 caused by deaths, and four caused by removal.
Ballotpedia identified 146 state legislative vacancies in 42 states in 2020 and 177 vacancies in 45 states in 2019.
Two Nebraska school districts to hold recall elections Jan. 11
The Waverly and Leyton school districts in Nebraska are holding recall elections on Jan. 11 against a total of three school board members. Voters will be asked whether they are in favor of recalling the members from office with the option of voting yes or no.
Ward 4 Rep. Andy Grosshans is on the ballot in the Waverly school district. Recall supporters said they began the effort due to Grosshans’ vote to extend an emergency resolution giving the superintendent the power to “develop rules and regulations deemed necessary for the government and health of the district’s students and devise any means as may seem best to secure regular attendance and progress of students at school,” according to The Waverly News. The school board initially passed the emergency resolution in April 2020 in response to the COVID-19 pandemic. In July 2021, the board voted to extend the resolution through the 2021-2022 school year.
In response to the recall effort, Grosshans said, “For 12+ years, I have worked hard to make well-informed decisions to provide the students of District 145 with a safe environment in which to receive an outstanding education. In these difficult times, I hope for continued understanding and patience as we use key resources and area experts to do what’s in the best interest of all students.”
Suzy Ernest and Roland Rushman are on the ballot in the Leyton school district. The recall petitions listed the district’s increased legal fees since January 2021 as reasons for the recall against both Ernest and Rushman. The petition against Ernest said she took action without the full board’s approval on two items: placing the superintendent on paid administrative leave and signing an acceptance for asbestos removal. The petition against Rushman said he failed to follow the Board Code of Ethics and slandered district administrators.
In response to the recall effort against her, Ernest said her action to place the superintendent on paid administrative leave was authorized in the superintendent’s contract. Both Ernest and Rushman said the decision to place the superintendent on paid administrative leave occurred after the board received serious complaints. They said those complaints were the reason behind the district’s increased legal fees. Ernest also said that she signed the acceptance for asbestos removal under the direction of the then-interim superintendent.
Ballotpedia tracked 91 school board recall efforts against 235 board members in 2021—the highest number of school board recall efforts we tracked in one year. The next-highest year was in 2010 with 38 recall efforts against 91 school board members.
In 2021, Ballotpedia covered a total of 339 recall efforts against 529 elected officials. This was the highest number of recall efforts and officials targeted since we started compiling data on recalls in 2012.
Redistricting update: New Mexico enacts new state Senate map
New Mexico Gov. Michelle Lujan Grisham (D) signed a new state Senate map into law on Jan. 6, 2022, which will take effect for New Mexico’s 2022 legislative elections. The New Mexico State Senate voted 25-13 to approve the map on Dec. 16, 2021, and the New Mexico House of Representatives approved the map 38-22 on Dec. 17. State Sens. Daniel Ivey-Soto (D) and Linda Lopez (D) introduced the map bill on December 8 during a special session of the state legislature.
Lujan Grisham previously signed a new state House map into law on Dec. 29. New Mexico was the second state this cycle to approve a state House map on a different date than its state Senate map. The first was Connecticut, which approved its House map on Nov. 18, and its Senate map on Nov. 23. New Mexico completed its congressional redistricting on Dec. 17.
As of Jan. 7, 29 states have adopted new state legislative maps for both chambers and 21 states have not yet adopted state legislative maps. As of Jan. 7, 2012, 32 states had enacted legislative redistricting plans after the 2010 census. Nationwide, state legislative redistricting has been completed for 1,120 of 1,972 state Senate seats (56.8%) and 2,776 of 5,411 state House seats (51.3%).
The New York Independent Redistricting Commission voted 5-5 on two sets of congressional and legislative map proposals on Jan. 3 and submitted both sets of proposed district boundaries to the state legislature. The Democrats on the commission had proposed one set of maps and the Republicans on the commission proposed the other. New York law requires that the commission submit a redistricting plan to the legislature “on or before January 1, 2022, or as soon as practicable thereafter, but no later than January 15, 2022.”
New York voters approved a constitutional amendment in 2014 revising the state’s redistricting procedures and establishing a 10-member commission to approve congressional and legislative district boundaries. The majority and minority leaders of each chamber of the legislature appoint two members each and those eight commissioners appoint two additional members that are not enrolled in either of the top two major political parties in the state.
If the New York legislature does not approve the initial redistricting plan or the governor vetoes it, the commission has 15 days to submit a second plan for consideration. This second plan must be submitted to the legislature no later than Feb. 28.
Kentucky enacted legislation on Jan. 6 extending the deadline for congressional, legislative, judicial, and local candidates to file to run for election this year from Jan. 7 to Jan. 25. The state House passed the legislation on Jan. 5, and Gov. Steve Beshear (D) signed it after the state Senate passed it on Jan. 6.
The delay in the filing deadline was necessary as the state has not yet approved new district boundaries after the 2020 census. Joe Sonka of the Louisville Courier-Journalwrote that “Both chambers are scheduled to remain in session Saturday [Jan. 8] to give final passage to several redistricting bills crafted by the Republican supermajority, including ones making new maps for the state House and Senate, Kentucky’s U.S. House districts and the Kentucky Supreme Court.”
California extends indoor mask mandate
On Jan. 5, the California Department of Health extended the state’s indoor mask requirement through Feb. 15. The California Department of Health first instituted the new statewide indoor mask requirement for vaccinated and unvaccinated individuals on Dec. 15, 2021.
California is one of nine states with statewide mask orders for vaccinated and unvaccinated individuals. One state—has a statewide mask order that applies only to unvaccinated individuals. All 10 states have Democratic governors.
Since the start of the pandemic, 39 states have issued statewide mask requirements, and 32 states (16 states with Republican governors and 16 states with Democratic governors) have allowed statewide orders to expire. Four states—Louisiana, Rhode Island, Illinois, and Oregon—that allowed a statewide order to fully expire later reinstated a mask order.
Various state and local governments have come into conflict over laws preempting municipalities from reducing their police department budgets. Preemption occurs when a law at a higher level of government is used to overrule authority at a lower level. In this case, several states have implemented legislation either prohibiting local governments from reducing their police budgets, or instituting penalties on local governments that do so.
Conflict around this issue emerged in 2020 as some municipalities considered reducing their police department budgets, often as part of a policy response to the May 2020 killing of George Floyd by a Minneapolis police officer.
Florida was the first of the states to recently pass a police department budget reduction preemption law Gov. Ron DeSantis (R) signed HB1 in April 2021. Under the law, a citizen or government official can challenge a police department budget reduction with the Administration Commission. The governor chairs the commission, whose other members are cabinet officials. The Administration Commission would then hold a hearing on the proposed budget change and has the power to approve the budget or amend it. The Commission’s approval or modification of the budget would be final.
In May 2021, Gov. Brian Kemp (R) signed HB286 into law, which prohibits municipalities from reducing police department budgets more than 5% in a year, or cumulatively over five years, with an exception for budget reductions caused by financial hardship. Police department budget reductions had been proposed in Atlanta and Athens-Clarke County in 2020, but neither municipality reduced their policing budgets.
Gov. Greg Abbott (R) signed Texas’ police department budget reduction preemption bill (HB1900) into law on June 1, 2021. The law imposes penalties on populous municipalities that reduce police department budgets, preventing them from collecting several types of tax revenue and requiring they allow recently annexed areas of the city to vote to void their annexation. HB1900 may apply to the city of Austin, which approved a budget in 2020 that planned to reallocate around $150 million from the police department budget to hiring other public safety responders, beginning new public safety programs, and moving certain departments under police department authority to other state agencies. There is uncertainty surrounding the application of the law to Austin, due to questions regarding the state constitutionality of HB1900 and whether all of Austin’s budget reallocation would qualify as a police department budget reduction.
To read more about police department budget reduction preemption laws as they develop, click here. Ballotpedia currently covers twelve policy areas of preemption conflicts, including coronavirus, energy infrastructure, and firearms. To view all of Ballotpedia’s areas of preemption conflict coverage, click here.
Intro: Our weekly summary of state & local news brings you an update on the Gavin Newsom recall effort and the statewide Democratic nominees from Virginia. Read all about it in this week’s edition of the State & Local Tap.
Ballot Measures Update
Twenty-eight statewide measures have been certified for the 2021 ballot in seven states so far.
Three new measures were certified for the 2021 ballot last week:
Thirteen states—Arizona, California, Delaware, Massachusetts, Michigan, New Hampshire, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Wisconsin—are in regular session.
Local Ballot Measures: The Week in Review
In 2021, Ballotpedia is providing comprehensive coverage of elections in America’s 100 largest cities by population and all state capitals. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covers all local recall elections, as well as all local ballot measures in California and a selection of notable local ballot measures about elections and police-related policies. Recent and upcoming local ballot measure elections are listed below:
June 8 – California: Voters in one special district and one city voted on two local ballot measures.
June 15 – Maine: Voters in Augusta will decide a bond issue to fund a new police station.
Special Elections
Thirty-nine state legislative special elections have been scheduled in 17 states so far this year. Twenty-eight (28) specials have taken place already. Heading into those races, Democrats had previously controlled 14 seats, and Republicans previously controlled 14. No seats have changed party hands as a result of the special elections.
In special elections between 2011 and 2020, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 65, 2018: 99, 2020: 59).
An average of 88 seats were filled through special elections in each of the past five odd years (2011: 94, 2013: 84, 2015: 89, 2017: 98, 2019: 77).
Ciattarelli will face Gov. Phil Murphy (D) in the general election on Nov. 2, along with Gregg Mele (L), Joanna Kuniansky (Socialist Workers), Justin Maldonado (I), and David Winkler (I).
The general election will determine New Jersey’s trifecta status for the next four years. A Murphy victory would maintain Democratic trifecta control, while a Ciattarelli victory would create a divided government. Election forecasters expect the Democratic party to retain control of the state legislature.
As of June 1, two of the three major race rating outlets rated the general election as Solid Democratic, and the third rated it as Likely Democratic. Still, Republicans have had success in the state’s gubernatorial races in the recent past. Between 1992 and 2021, Republicans held the governorship for 16 years, and Democrats held the governorship for 14 years.
Newsom signature removal deadline passes; counties have until June 22 to verify the number of remaining signatures
June 8 was the deadline for voters who signed the petition to recall California Gov. Gavin Newsom (D) to request their names be removed from the petitions. County election offices now have until June 22 to report the number of remaining signatures to the California Secretary of State. If at least 1,495,709 signatures remain, the recall process will move forward. Supporters turned in 1,719,943 valid signatures by the March 17 submission deadline.
If sufficient signatures remain following the removal request deadline, the recall will be certified and move to a budgeting and scheduling phase. Based on the remaining procedural steps required by state law for the recall campaign, an election is likely to take place in October or November 2021.
Newsom was elected as California’s governor in 2018 with 61.9% of the vote. Since 1911, there have been 55 attempts to recall a sitting California governor. The only successful recall campaign was in 2003 when voters recalled then-Gov. Gray Davis (D). Arnold Schwarzenegger (R) was chosen as Davis’ replacement.
A recall election would present voters with two questions. The first would ask whether Newsom should be recalled from the office of governor. The second would ask who should succeed Newsom if he is recalled. A majority vote is required on the first question for the governor to be recalled. The candidate with the most votes on the second question would win the election, no majority required. In the 2003 recall of Davis, 135 candidates ran and the winner received 48.58 percent of the vote.
South Carolina ends COVID-19 emergency orders
South Carolina Gov. Henry McMaster (R) declined to extend the statewide COVID-19 state of emergency, allowing it to expire on June 6. McMaster first declared a state of emergency in response to the pandemic on March 13, 2020, and extended it every 15 days as required by South Carolina law.
Governors and state agencies in all 50 states issued orders declaring active emergencies in response to the coronavirus pandemic. These orders allowed officials to access resources unavailable to them during non-emergencies, like stockpiles of medical goods and equipment, and to waive or suspend certain rules and regulations. Governors and state agencies relied on emergency power authority to enact lockdown and stay-at-home orders, mask mandates, and other restrictions on businesses and individuals.
South Carolina is the eighth state to end a statewide COVID-19 emergency. Before that, on June 4, New Jersey Gov. Phil Murphy (D) signed Assembly, No. 5820. This bill ended the statewide public health emergency while allowing Murphy to retain some emergency power authority related to vaccination efforts, testing, and coordination of local health departments.
Statewide mask orders end in Illinois, Kentucky
Illinois Gov. 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, public transit, hospitals, and congregate facilities like prisons and homeless shelters. Masks are also recommended in indoor public spaces for individuals who are not fully vaccinated.
Kentucky Gov. Andy Beshear (D) ended the statewide mask requirement, remaining social distancing requirements, and all capacity restrictions June 11. However, 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. As of June 11, 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.
Virginia Democrats pick statewide nominees
Virginia Democrats picked their statewide nominees for governor, lieutenant governor, and attorney general on June 8. Democrats have won every statewide election in Virginia since 2012.
Governor
Former Gov. Terry McAuliffe (D) defeated four candidates to win the gubernatorial nomination. McAuliffe received 62% of the vote, followed by former Del. Jennifer Carrol Foy (D) and state Sen. Jennifer McClellan (D), who received 20% and 12% of the vote respectively. Lieutenant Governor Justin Fairfax (D) and Del. Lee Carter (D) both received less than 5% of the vote. McAuliffe will face Glenn Youngkin (R) in the general election.
McAuliffe previously served as Governor of Virginia from 2014 to 2018. Virginia’s constitution prevents the governor from running for a second consecutive term, though former governors may serve non-consecutive terms. Mills Goodwin (D), elected in 1965 and 1973, is the most recent governor to serve non-consecutive terms.
This was the fourth contested Democratic gubernatorial primary in Virginia since 1977. It was also the largest Democratic primary field for a gubernatorial nomination in the state’s history. The outcome of this race will affect Virginia’s trifecta status. In 2019, Virginia became a Democratic trifecta after winning majorities in the state House and Senate. In addition to the statewide elections, all 100 House seats are up for election this year.
Lieutenant governor
Delegate Hala Ayala (D) defeated five other candidates to win the lieutenant gubernatorial nomination, receiving 39% of the vote, followed by Del. Sam Rasoul’s 25%. No other candidate received over 15% of the vote. Ayala will face Winsome Sears (R) in the general election.
Of the four lieutenant governors elected since 2002, three were Democrats, and one was a Republican. Two of them, Tim Kaine (D) and Ralph Northam (D), later became governor. The lieutenant governor is popularly elected every four years and, unlike the governor, may seek re-election.
Attorney general
Incumbent Mark Herring (D) defeated Del. Jerrauld “Jay” Jones to win the attorney general nomination. Herring received 56.5% of the vote to Jones’ 43.5%. Herring will face Del. Jason Miyares (R) in the general election.
Voters first elected Herring to the attorney general position in 2013. He won re-election in 2017 and is seeking re-election to a third consecutive term. No Virginia attorney general has served three consecutive terms since the 1945 re-election of Abram Penn Staples (D).
Illinois enacts state legislative, supreme court maps
Illinois became the first state to enact new district maps in this redistricting cycle on June 4, when 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.
Illinois’ five state supreme court districts were last redrawn in 1964. 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. 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. On May 28, the General Assembly approved the state legislative redistricting plan (HB2777) and the supreme court redistricting plan (SB0642).
Because the U.S. Census Bureau does not expect to deliver granular redistricting data to the states until mid-August, Illinois lawmakers used population estimates from the American Community Survey (ACS) to draft the new maps before the June 30 deadline set by the state’s constitution.
On June 9, Durkin and Senate Republican Leader Dan McConchie filed suit in U.S. district court, challenging the use of ACS data during the drafting process. The plaintiffs argue that “[ACS] estimates are not intended to be, and are not, a proper substitute for the official census counts.” They go on to allege that “because it uses ACS estimates for population data, the Redistricting Plan does not ensure that the Senate and Representative Districts satisfy the constitutional mandate of substantially equal populations [among districts].” They are asking the court to declare the enacted maps unconstitutional and to appoint either a bipartisan legislative commission or a special master (an outside expert) to draft new maps.
It is not clear when lawmakers will begin the congressional redistricting process. The state constitution sets no deadline for congressional redistricting.
Texas Supreme Court Justice Eva Guzman resigns
Texas Supreme Court Justice Eva Guzman resigned on June 11. Guzman’s replacement will be Gov. Greg Abbott‘s (R) fifth nominee to the nine-member supreme court. At the time of Guzman’s resignation, all nine judges on the court identified with the Republican party.
Governor Rick Perry (R) appointed Guzman in 2009. She was elected to a full term in 2010, becoming the first Latina woman elected to statewide office in Texas. Guzman was re-elected in 2016, defeating Democrat Savannah Robinson, 56% to 39%.
Before she was appointed to the state supreme court, Guzman served as a district judge for Texas’ 309th District Court and an appellate judge for Texas’ Fourteenth Court of Appeals.
Under Texas law, in the event of a midterm vacancy, the governor appoints a replacement. The Texas State Senate must then confirm the nominee. Appointees serve until the next general election, in which he or she must participate in a partisan election to remain on the bench for the remainder of the unexpired term.
Mike Nearman expelled from OR state House
The Oregon House of Representatives voted to expel state Rep. Mike Nearman (R) on June 10. Nearman’s colleagues expelled him due to video footage that showed him helping protesters, some of whom were armed, enter the state Capitol building on December 21, 2020. This led to a struggle between the protesters and police officers, causing injuries and property damage.
The resolution to expel Nearman passed 59-1, with only Nearman voting against. According to Oregon Public Broadcasting, Nearman is the first person to have ever been expelled from the Oregon Legislature.
Nearman was first elected to represent District 23 in the Oregon state House in 2014, defeating incumbent Jim Thompson (R) in the Republican primary. Before he entered politics, Nearman worked in software engineering and tech support.
There have been 52 state legislative vacancies in 30 states so far in 2021. Thirty-seven of those vacancies have been filled. Two other state legislators have been expelled this year; Luke Simons (R-ND) and Rick Roeber (R-MO).
