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Our weekly summary of state & local news highlights a recall effort against LA County DA George Gascón and redistricting updates. Read all about it in this week’s edition of the State & Local Tap.

All good things must come to an end. Ballotpedia will be retiring the State and Local Tap after the Feb. 19th issue.  Don’t worry, Ballotpedia won’t leave you in the dark!  Check out our collection of newsletters designed to keep you up to date no matter what your interests!

Ballot Measures Update

Sixty-four (64) statewide measures have been certified for the 2022 ballot in 30 states so far. No new measures were certified for the ballot last week.

Signatures have been submitted and are pending verification for four additional initiatives in Alaska, Florida, and Ohio:

• Alaska State Recognition of American Indian Tribes Initiative (2022)

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.

• Massachusetts Medical Loss Ratios for Dental Insurance Plans Initiative (2022)
• Massachusetts Changes to Alcohol Retail Licensing Initiative (2022)
• Massachusetts App-Based Drivers as Contractors and Labor Policies Initiative (2022)
• Ohio Marijuana Legalization Initiative (2022)

States in session

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.

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:

• February 8: Voters in the Seattle Public School district will decide two property tax levy measures.

Special Elections

Thirty-three (33) state legislative special elections have been scheduled in 15 states this year. Eight specials have taken place already. Heading into those races, Democrats had controlled seven of the seats, and Republicans 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).

Upcoming special elections include:

Feb. 8

• Arkansas State Senate District 7

Feb. 15

• California State Assembly District 17 (primary)
• California State Assembly District 49 (primary)
• New York State Assembly District 60
• New York State Assembly District 72

Feb. 22

• Connecticut House of Representatives District 71
• Kentucky House of Representatives District 42

Mar. 1

• Connecticut House of Representatives District 5
• Michigan House of Representatives District 15 (primary)
• Michigan House of Representatives District 36 (primary)
• Michigan House of Representatives District 43 (primary)
• Michigan House of Representatives District 74 (primary)

Petitions to recall Los Angeles County District Attorney George Gascón approved for circulation

Petitions to recall George Gascón from his position as the Los Angeles County District Attorney in California were approved for circulation on Jan. 27. To get the recall on the ballot, supporters must collect 566,857 signatures by July 6.

Recall supporters served Gascón with a notice of intent to recall on Dec. 7. They said that crime had risen in the county since Gascón had taken office. They published the following statement on their website about why they were pursuing a recall:

“As soon as he was sworn into office, District Attorney George Gascón began issuing directives to his prosecutors, instructing them to go soft on crime, coddle criminals, and trample upon the dignity and rights of crime victims. To keep our communities safe, to mete out just punishment to those who break our laws, and to provide justice to crime victims throughout Los Angles County, we must recall District Attorney George Gascón.”

At a press conference in December, Gascón defended his policies and said he was not responsible for the rise in homicides and robberies in the county. “We are trying to dramatically change a system that has served no one, not the victims of crime, not those who are accused and not the public,” Gascón said.

Gascón said he was trying to make the criminal justice system more efficient and more equitable. “We’re trying really hard to use the science that is currently available, the data that is currently available, to do our work,” Gascón said. “And I’m not going to be intimidated by political rhetoric.”

An earlier recall attempt against Gascón did not go to a vote in 2021. Recall supporters announced on Sept. 16 that they had not gathered enough signatures to meet the filing deadline.

Gascón was elected to a four-year term in the nonpartisan general election on Nov. 3, 2020, defeating incumbent Jackie Lacey with 53.5% of the vote.

In 2021, Ballotpedia covered a total of 351 recall efforts against 537 elected officials. This was the highest number of recall efforts and officials targeted since we started compiling data on recalls in 2012.

Hawaii, New York enact new legislative district boundaries

Hawaii

Hawaii’s Office of Elections formally published the state’s final legislative redistricting plan on Jan. 31 after the Hawaii Reapportionment Commission voted 8-1 on Jan. 28 to approve a legislative map proposal. The plans were originally approved for public comment on Oct. 28. On Jan. 6, the commission approved a motion to modify the legislative map plans after learning the initial plans had not properly accounted for the number of nonpermanent resident personnel on military installations in the state, who are not included in legislative redistricting. Under the modified proposal, one legislative district moved from Oahu to Hawaii. The maps will take effect for Hawaii’s 2022 state legislative elections.

Commission Chair Mark Mugiishi said the maps were drawn fairly. “I do believe the principle of the democratic process is a fair and well-run election,” Mugiishi said. Commissioner Cal Chipchase said, “They follow a long iteration of taking into account the best available data that we have received, and have been responsive to community concerns and questions where practicable.” Commissioner Robin Kennedy, who cast the only vote against the new maps, said, “I feel the community still doesn’t have the answers it needs.” Sandy Ma of Common Cause Hawaii said, “The proposed final maps do not take community concerns or testimonies into account and it still splits communities of interest.”

New York

New York enacted new state legislative districts on Feb. 3 when Gov. Kathy Hochul (D) signed proposals approved by the legislature into law. Earlier that day, both chambers approved the state Senate and House maps, which were included in a single bill. The state Senate voted 43-20 to approve, and the state House voted 120-27 to approve. The maps will take effect for New York’s 2022 elections.

Following passage of the maps, Hochul said: “These bills are necessary to reapportion districts and to provide certainty and clarity regarding such districts in a timely manner, allowing for efficient administration of the electoral process.” State Republican Party Chairman Nick Langworthy criticized the maps, saying: “There is a wild, partisan gerrymandering that took place here. It violates the state Constitution, and we’re going to try to get justice.”

Voters in New York approved a state constitutional amendment—Proposal 1—in 2014 which created a redistricting commission to draw legislative and congressional districts. On Jan. 3, the New York Independent Redistricting Commission voted 5-5 on two legislative redistricting proposals, one offered by Democrats on the commission and the other proposed by the commission’s Republicans. The New York legislature, which was not able to amend the proposals, rejected both maps on Jan. 10. The commission then had 15 days to draw new maps but announced on Jan. 24 it would not submit any new proposals. Since the commission did not submit a revised map by Jan. 25, the legislature was allowed to amend or create new redistricting proposals.

As of Feb. 4, 31 states have adopted legislative district maps for both chambers, and one state has adopted maps that have not yet gone into effect. The state supreme court in one state has overturned previously enacted maps, and 17 states have not yet adopted legislative redistricting plans after the 2020 census.

Our weekly summary of federal news highlights redistricting updates in Hawaii, New York, and Pennsylvania, and the FDA approving the Moderna COVID-19 vaccine. Read all about it in this week’s edition of the Federal Tap.

All good things must come to an end. Ballotpedia will be retiring the Federal Tap after the Feb. 19th issue.  Don’t worry, Ballotpedia won’t leave you in the dark!  Check out our collection of newsletters designed to keep you up to date no matter what your interests!

Congress is in session

Both the House and Senate are in session next week. Click here to see the full calendar for the second session of the 117th Congress.

Forty-eight members of Congress—six members of the U.S. Senate and 42 members of the U.S. House—have announced they will not seek re-election. Of those, thirty-three members—six senators and 27 representatives—have announced their retirement. Five retiring Senate members are Republicans and one is a Democrat, and of the retiring House members, 21 are Democrats and six are Republicans.

SCOTUS is out of session

The Supreme Court will not hear oral arguments next week. To learn about the 2021-2022 term, click here.

Where was the president last week?

On Monday, Tuesday, and Wednesday, Biden remained in Washington D.C.
On Thursday, Biden traveled to New York City, where he met with New York Mayor Eric Andrews (D) and Gov. Kathy Hochul (D)
On Friday, Biden traveled to Wilmington, Delaware

Federal Judiciary

• 78 federal judicial vacancies
• 29 pending nominations
• 38 future federal judicial vacancies

Upcoming Article III Judicial Vacancies

According to the latest vacancy data from the U.S. Courts, there were 38 total announced upcoming vacancies for Article III judgeships. The earliest vacancy announcement was on Jan. 22, 2021, when U.S. District Court for the District of Maryland Judge Ellen Hollander announced she would assume senior status upon the confirmation of her successor. The most recent was on Jan. 12, 2022, when U.S. Supreme Court Justice Stephen Breyer announced that he would retire from the court following the conclusion of SCOTUS’ current term. Twenty-three vacancy effective dates have not been determined because the judge has not announced the date they will leave the bench. The next upcoming vacancy will occur on Feb. 14, 2022, when U.S. District Court for the Central District of California Judge Virginia Phillips retires. 

For historical comparison, on Feb. 6, 2021, there were 60 federal judicial vacancies and 18 upcoming vacancies in the federal judiciary reported by the U.S. Courts.

SCOTUS releases March argument calendar

The Supreme Court of the United States (SCOTUS) on Jan. 28 released its March argument calendar for the 2021-2022 term, scheduling nine cases for argument. Two of the cases were consolidated for one hour of oral argument. In total, the court will hear eight hours of arguments between March 21 and March 30. 

Click the links below to learn more about the cases:

March 21

• Morgan v. Sundance, Inc. concerns a circuit split regarding arbitration clauses, the Fair Labor Standards Act of 1938 (FLSA), and the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion (2011).
• Berger v. North Carolina State Conference of the NAACP concerns whether North Carolina legislators may intervene to defend the state’s voter identification law in constitutional challenges and lawsuits concerning the Voting Rights Act.

March 22

• Golan v. Saada concerns the interpretation of international law when a minor child is abducted across national borders during a domestic dispute.

March 23

• ZF Automotive US, Inc. v. Luxshare, Ltd. (consolidated with AlixPartners, LLC v. Fund for Protection of Investor Rights in Foreign States) concerns arbitration proceedings generally and, specifically, U.S. district courts’ authority to compel parties to produce evidentiary details in private arbitration for foreign or international tribunals.

March 28

• LeDure v. Union Pacific Railroad Company concerns the meaning of a locomotive being in use for purposes of liability under the Locomotive Inspection Act.
• Southwest Airlines v. Saxon concerns the definition of transportation workers for purposes of exemption from the Federal Arbitration Act.

March 29

• Torres v. Texas Department of Public Safety concerns the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and sovereign immunity.

March 30

• Viking River Cruises, Inc. v. Moriana concerns a potential conflict between federal and state arbitration laws in certain types of arbitration proceedings.

To date, the court has agreed to hear 65 cases during its 2021-2022 term. Four cases were dismissed, and one case was removed from the argument calendar. Nine cases have not yet been scheduled for argument.

Food and Drug Administration approves Moderna coronavirus vaccine, receives authorization requests from Pfizer, Novavax

On Feb. 1, the Food and Drug Administration (FDA) gave full approval for Moderna’s coronavirus vaccine for use in individuals 18 and older. This is the second vaccine to receive approval for that age group, with the first being Pfizer’s on Aug. 23, 2021. Moderna’s vaccine initially received emergency use authorization on Dec. 18, 2020.

Additionally, on Jan. 31, the FDA received emergency use authorization requests from Pfizer and Novavax. Pfizer requested authorization for use of its coronavirus vaccine for children under the age of 5. The Pfizer vaccine is currently the only vaccine to receive authorization from the FDA for use in individuals under the age of 18. The FDA said it would meet to make a recommendation on Feb. 15. In order for the authorization to become effective, the Centers for Disease Control and Prevention (CDC) would also need to meet and authorize the use of the vaccine for that age group.

Novavax submitted a request for emergency use authorization of its coronavirus vaccine for individuals 18 and older. If authorized, it would become the fourth vaccine available to American adults. The last time the FDA issued emergency use authorization for a new vaccine was in Fe. 2021, when it authorized the Johnson & Johnson vaccine.

Hawaii, New York enact new congressional district maps; Pennsylvania Supreme Court assumes control over redistricting

Hawaii

Hawaii’s Office of Elections formally published the state’s final congressional redistricting plan on Jan. 31 after the Hawaii Reapportionment Commission voted 8-1 on Jan. 28 to approve the proposal. 

Two congressional district maps were presented to the commission at their meeting on Sept. 9, 2021. One map kept the congressional lines as they were drawn following the 2010 census. An alternate map slightly adjusted the lines along the western coast of Oahu. On Oct. 14, the commission voted to adopt the alternate proposal. After hearing public testimony, the commission drafted a final proposal on Jan. 26. 

Commissioner Cal Chipchase said the proposals were responsive to public input and followed state statutes. “I am satisfied that the technical committee and that this commission has considered all of the constitutional criteria, as practicable, rather than favoring any one or ignoring any condition,” Chipchase said. Bill Hicks, a Hawaii citizen who submitted proposals to the commission, criticized the commission’s approach to the new maps. “It is best to construct compliant House districts first and use them as building blocks for not only Senate districts, but also for Congressional districts. Construct the Congressional districts last and not first,” Hicks said.

Hawaii was apportioned two seats in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. This map will take effect for Hawaii’s 2022 congressional elections.

New York

New York enacted a new congressional redistricting plan on Feb. 2 after Gov. Kathy Hochul (D) signed a measure approved by the legislature. According to Marina Villeneuve of NBC 4 New York, the congressional map would give the Democratic party “an advantage in 22 of the state’s 26 congressional districts and mean re-election trouble for several Republican members of the U.S. House.” After the 2020 census, New York was apportioned 26 seats in the U.S. House of Representatives, a loss of one seat as compared to apportionment after the 2010 census.

On Jan. 3, the New York Independent Redistricting Commission voted 5-5 on two legislative redistricting proposals, one offered by Democrats on the commission and the other proposed by the commission’s Republicans. The New York legislature, which was not able to amend the proposals, rejected both maps on Jan. 10. The commission then had 15 days to draw new maps but announced on Jan. 24 it would not submit any new proposals. Since the commission did not submit a revised map by Jan. 25, the legislature was allowed to amend or create new redistricting proposals.

Voters in New York approved a state constitutional amendment—Proposal 1—in 2014 which created a redistricting commission to draw legislative and congressional districts. After the commission’s 5-5 vote, The Buffalo News editorial board wrote, “That outcome was baked into the system created by a 2014 constitutional amendment. With both parties angling for advantage, the failure of Republicans and Democrats to agree was inevitable. Balanced is not the same as independent.”

Pennsylvania

The Pennsylvania Supreme Court ruled on Feb. 2 that it would exercise control over the process of selecting the state’s new congressional map. In a 5-2 decision, the court designated Commonwealth Court Justice Patricia McCullough (R) as a special master and directed her to recommend a new congressional map by Feb. 7. McCullough was originally assigned responsibility for redistricting after Gov. Tom Wolf (D) vetoed a map approved by the legislature. Candidates running for U.S. House districts in Pennsylvania may begin gathering signatures on Feb. 15. 

The court’s order stated, “given the impasse between the legislative and executive branches concerning the adoption of congressional districts, and in view of the impact that protracted appeals will have on the election calendar, and time being of the essence, Petitioners’ Emergency Application for Extraordinary Relief is GRANTED, and Extraordinary Jurisdiction under 42 Pa.C.S. § 726 is EXERCISED.”

Five judges on the state supreme court were elected in partisan elections as Democrats, and two were elected as Republicans. Pennsylvania currently has divided government with a Democratic governor and Republicans controlling both chambers of the legislature. Pennsylvania was apportioned 17 seats in the U.S. House of Representatives, a net loss of one seat as compared to apportionment after the 2010 census.

Congressional redistricting has been completed for 299 of the 435 seats (68.7%) in the U.S. House of Representatives.

Our weekly summary of state & local news highlights new indoor mask requirements in three states and five constitutional amendments passed in the Pennsylvania House. Read all about it in this week’s edition of the State & Local Tap.

Note: We will not be publishing The State & Local Tap on Dec. 25 or Jan. 2. We’ll return to your inboxes on Jan. 8. Happy Holidays to you and your loved ones from all of us at Ballotpedia!

Ballot Measures Update

2021 review

Voters in nine states decided 39 statewide ballot measures on four different election dates in 2021. Twenty-six were approved and 13 were defeated. Four of the measures were citizen initiatives, three were advisory questions about taxes in Washington, eight were bond issues, one was a legislatively referred statute, and the remaining 23 were legislatively referred constitutional amendments.

2022 ballot measures

Sixty-three statewide measures have been certified for the 2022 ballot in 30 states so far. No new measures were certified for the ballot last week.

Proponents of three additional citizen initiatives in South Dakota and Massachusetts have submitted signatures:

• South Dakota Medicaid Expansion Amendment Initiative (2022)
• Massachusetts App-Based Drivers as Contractors and Labor Policies Initiative (2022)
• Massachusetts Changes to Alcohol Retail Licensing Initiative (2022)

Three candidates file for South Carolina Senate special election

Three candidates have filed to run in the special election for District 31 in the South Carolina State Senate. State Rep. Jay Jordan (R), Mike Reichenbach (R), and Suzanne La Rochelle (D) all filed before the Dec. 11 filing deadline. Jordan and Reichenbach will face off in the Republican primary on Jan. 25. The winner of the Republican primary will face La Rochelle in the special election on March 29.

The seat became vacant after the death of Hugh Leatherman (R) on Nov. 12. He had served in the state Senate since 1981. He was unopposed in his re-election bid in 2020.

Heading into the special election, Republicans have a 29-16 majority in the state Senate with one vacancy. South Carolina has a Republican 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 December, 15 state legislative special elections have been scheduled to take place in 2022. Between 2011 and 2020, an average of 75 special elections took place each year. South Carolina held 33 state legislative special elections from 2010 to 2020.

States in session

Seven state legislatures—Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and 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:

• Dec. 11 – Louisiana: Voters in New Orleans decided two property tax measures to fund housing and libraries, respectively. The libraries tax measure was approved, and the housing tax measure was defeated.
• Nov. 13 – Louisiana: Voters in Baton Rouge approved a property tax measure to fund public transportation.
• Nov. 9 – Arkansas: Voters in Little Rock approved a property tax increase for libraries.
• Nov. 2 – Ballotpedia covered 156 local ballot measures on the Nov. 2 ballot in 18 states.  The outcome of the final measure was called on Dec. 6 after a recount was finalized in Colorado Springs, Colorado. Voters approved 109 measures and defeated 47.

Special Elections

Sixty-six state legislative special elections took place in 21 states this year. Heading into those races, Democrats had previously controlled 33 of the seats, and Republicans previously controlled 33. Three seats flipped from Democratic control to Republican control, and three seats flipped from Republican control to Democratic control.

Another 15 state legislative special elections have been scheduled for 2022 in nine states.

• 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 five odd years (2011: 95, 2013: 84, 2015: 89, 2017: 98, 2019: 77, 2021: 66).

Upcoming special elections include:

Jan. 11

• Florida State Senate District 33 (primary)
• Florida House of Representatives District 88 (primary)
• Florida House of Representatives District 94 (primary)
• Maine House of Representatives District 27
• Massachusetts State Senate First Suffolk & Middlesex District

Jan. 25

• Connecticut House of Representatives District 144
• South Carolina State Senate District 31 (primary)

Voters recall Nebraska county supervisor

A recall election against Doris Karloff (R), District 2 representative of the seven-member Saunders County Board of Supervisors in Nebraska, was held on Dec. 14. A majority of voters cast ballots in favor of the recall to remove Karloff from office.

The recall effort was started by Rhonda Carritt, a resident of Wahoo, Nebraska, which is represented by Karloff on the county board of supervisors. Carritt said Karloff was not representing “the best interests of the district.” Carritt confirmed with the Wahoo Newspaper that the recall was related to a solar farm project in the county among other things.

Karloff’s son went into contract with the company starting the solar farm. Because of that connection, Karloff said she abstained from all discussions on the permit and did not vote on any actions related to the solar farm. “I have tried to do my best to make sure that I was doing everything legally correct,” Karloff said.

In the first half of 2021, Ballotpedia tracked 165 recall efforts against 263 officials. This was the most recall efforts for this point in the year since the first half of 2016, when we tracked 189 recall efforts against 265 officials. In comparison, we tracked between 72 and 155 efforts by the midpoints of 2017, 2018, 2019, and 2020.

Ballotpedia’s The Heart of the Primaries delivered weekly starting Jan. 6

Texas will hold the first primary elections of the 2022 midterms on March 1. North Carolina was scheduled to hold the second statewide primary on March 8, but a recent state supreme court decision postponed those primaries until May. 

What do these primaries—and the hundreds of others approaching—mean for the direction of the major parties and the nation?

We have stories on these primaries and more in our third issue of The Heart of the Primaries, which went out Dec. 16. Starting in January, we’ll send out one Democratic version and one Republican version of The Heart of the Primaries each week, allowing you to follow stories happening within the party you care most about (or both!).

Click here to subscribe and to read previous issues.

Kshama Sawant defeats recall effort

District 3 City Councilmember Kshama Sawant defeated a recall effort in Seattle, Washington. The election was held Dec. 7. As of Dec. 16, there were 306 more votes opposed to the recall than supporting it. Results will be certified Dec. 17. 

The Seattle Times reported, “Any challenged ballots resolved between the time votes were counted on Thursday afternoon and the 4:30 p.m. deadline — about a two-hour window — were to be added to the count before certification, according to King County Elections Chief of Staff Kendall Hodson. That number is unlikely to change the results.”

Recall organizers alleged that Sawant misused city funds in support of a ballot initiative, disregarded regulations related to COVID-19 by admitting people into City Hall for a rally, and misused her official position by disclosing Mayor Jenny Durkan’s residents to protesters. Sawant referred to the effort as a “right-wing recall” and called the charges dishonest. See our coverage below to read the full sample ballot and court filings from both parties.

Sawant is a member of the Socialist Alternative Party. The city council office is officially nonpartisan.

Three states enact indoor mask requirements

Since Dec. 10, three states have announced new indoor mask requirements: 

• New York: A new mask requirement took effect Dec. 13. Gov. Kathy Hochul (D) made the announcement Dec. 10. Under the order, masks are required regardless of vaccination status at indoor public settings, unless the business or venue mandates proof of vaccination.
• California: The California Department of Health issued an order requiring indoor mask requirements for vaccinated and unvaccinated people in some parts of the state. The requirement, which went into effect Dec. 15, only applies to local health jurisdictions that did not previously have a universal indoor mask requirement, meaning the order does not affect localities with pre-existing universal mask requirements.
• Rhode Island: On Dec. 15, Gov. Dan McKee (D) announced a new statewide mask requirement would go into effect on Dec. 20. Under the order, masks will be required regardless of vaccination status at indoor venues with a capacity of 250 or more. For smaller indoor venues and businesses with indoor operations, establishments will have to either require masks for all individuals, require vaccines for all individuals, or allow individuals to either wear a mask or show proof of vaccination.

As of Dec. 17, masks were required in ten states with Democratic governors. Thirteen states with Democratic governors and all 27 states with Republican governors had no state-level mask requirements in effect.

Redistricting updates in Alaska, South Carolina, and Virginia

Alaska

The cities of Skagway and Valdez, the Matanuska-Susitna Borough, and three Anchorage residents filed four lawsuits challenging Alaska’s legislative redistricting plan. The deadline to file challenges was Dec. 10 All four lawsuits request the Alaska Redistricting Board revise its Nov. 10 map.  

Three of the challenges allege the redistricting plan does not adhere to the state’s requirement that each district contains an “integrated socio-economic area.” The Matanuska-Susitna Borough lawsuit contends that each of the borough’s state House districts is overpopulated and dilutes the borough’s votes.

Alaska has had a five-member independent redistricting commission since 1998. Two commissioners are appointed by the governor, one by the state Senate majority leader, one by the state House majority leader, and one by the chief justice of the Alaska Supreme Court. The commission voted 3-2 to approve the maps. The three Republican-appointed members voted in favor of the maps, while the two members without a party affiliation voted against.

South Carolina

South Carolina enacted new state legislative district maps on Dec. 10 when Gov. Henry McMaster (R) signed a proposal approved by the South Carolina House and Senate into law. The South Carolina Senate approved House and Senate map proposals in a 43-1 vote on Dec. 7, and the House approved the new districts in a 75-27 vote on Dec. 9. Gov. McMaster signed the bill into law the next day. This map will take effect for South Carolina’s 2022 state legislative elections.

Rep. Wendy Brawley (D) said the proposal was “highly gerrymandered…to the disadvantage of most Democrats and to the disadvantage of many minorities — it protects Republicans.” Rep. Jay Jordan (R) said, “We worked very hard to make sure that was not the case, and I feel very comfortable in saying that was not the case.”

Virginia 

The Supreme Court of Virginia is expected to approve final congressional and legislative maps on Dec. 19. Two special masters that the court had selected on Nov. 19 released proposed district boundaries on Dec. 8. Virginia Mercury’s Peter Galuszka wrote that the maps “tend to favor Democrats more than Republicans because they are concentrated around natural social centers, such as cities.”

This was the first redistricting cycle after Virginia voters approved a constitutional amendment in 2020 establishing a commission-led redistricting process. However, that commission missed its deadlines, sending authority to the Supreme Court of Virginia, which, in turn, named the two special masters—one nominated by Democrats and one by Republicans. 

Pennsylvania House passes five constitutional amendments; bill heads back to state Senate

The Pennsylvania House of Representatives approved a bill that contains five constitutional amendments, which voters would decide as distinct ballot measures, on Dec. 15. In April, the state Senate approved the bill as a single constitutional amendment. Since the House changed the bill to include more constitutional amendments, the bill returns to the Senate for final first-session approval during the 2021-2022 legislative session. Topics include the lieutenant governor election, executive order time limits, legislative disapproval of regulations, election audits, and voter identification.

In Pennsylvania, constitutional amendments require legislative approval during two successive legislative sessions. The legislation would need to be approved again during the 2023-2024 legislative session before voters would decide the changes. The earliest possible date for the amendments is the spring municipal elections on May 16, 2023.

The original version of the bill was a constitutional amendment to allow a political party’s candidate for governor to choose their own candidate for lieutenant governor. Currently, a party’s nominees for governor and lieutenant governor run on a joint ticket during the general election but in separate primaries. On April 27, 2021, the Senate voted 43-4 to pass the bill. The four votes against the amendment were two Democrats and two Republicans.

On Dec. 14, the House voted to add the four additional constitutional amendments to the bill. The lieutenant governor amendment also received a grammatical change. Votes on two amendments were along party lines, with all 113 Republicans supporting and all 90 Democrats opposing. On the other two amendments, one Democrat joined Republicans in supporting the changes. Along with the lieutenant governor amendment, the amended bill includes:

• a constitutional amendment to provide that executive orders and proclamations with the force and effect of law cannot last more than 21 days without legislative approval; 
• a constitutional amendment to allow the legislature to pass a resolution, which the governor cannot veto, by a simple majority to disapprove regulations;
• a constitutional amendment to require election audits, including elections administration, election machine certification, the list of registered voters, and election results; and
• a constitutional amendment to require voter identification, regardless of the voting method.

In the 50-seat Senate, Democrats hold 21 seats, Republicans hold 28 seats, and an independent holds one seat.

Our weekly summary of federal news highlights the Fifth Circuit’s decision to stay the Biden administration’s vaccine or testing requirement and SCOTUS’ accepting three more cases for argument. Read all about it in this week’s edition of the Federal Tap.

Congress is in session

Both the House and Senate are in session next week. Click here to see the full calendar for the first session of the 117th Congress.

SCOTUS is out of session

The Supreme Court will not hear oral arguments next week. To learn about the 2021-2022 term, click here.

Where was the president last week?

On Monday, Biden returned to Washington, D.C., from Rehoboth Beach, Delaware. 

On Tuesday, Biden remained in Washington, D.C. 

On Wednesday, Biden met with President of the European Commission Ursula von der Leyen in Washington, D.C. He also attended former Governor Ruth Ann Minner’s funeral in Milford, Delaware, and delivered remarks on the infrastructure deal at the Dundalk-Marine Terminal at the Port of Baltimore, Maryland. 

On Thursday, Biden participated in the centennial anniversary of the Tomb of the Unknown Soldier in Arlington National Cemetery, Virginia.

On Friday, Biden departed Washington, D.C., for Camp David, Maryland. 

Opinion polling comparison during the Trump and Biden administrations

President Biden’s approval rating for the 41st week of his term was 43.8%, down 0.3 percentage points from the week before. President Trump’s approval rating at the same point in his term was 38.3%, down 0.4 percentage points from the week before.

Federal Judiciary

• 77 federal judicial vacancies
• 26 pending nominations
• 33 future federal judicial vacancies

Upcoming Article III Judicial Vacancies

According to the latest vacancy data from the U.S. Courts, there were 33 total announced upcoming vacancies for Article III judgeships. The earliest vacancy announcement was on Jan. 21, 2021, when U.S. District Court for the Southern District of Texas Judge Vanessa Gilmore announced that she would retire on Jan. 2, 2022. The most recent announcement was on Nov. 4, when U.S. Court of Appeals for the 2nd Circuit Judge Susan Carney announced that she would assume senior status upon the confirmation of her successor. As of Nov. 12, sixteen vacancy effective dates are unknown because the judge has not announced the date they will leave the bench. The next upcoming vacancy is scheduled to occur on Nov. 23, when U.S. District Court for the Eastern District of Virginia Judge Raymond Alvin Jackson assumes senior status.

For historical comparison, the week of Nov. 8-14, 2020, there were 65 federal judicial vacancies and three upcoming vacancies in the federal judiciary reported by the U.S. Courts.

SCOTUS accepts three cases for argument during the 2021-2022 term

The Supreme Court of the United States (SCOTUS) on Nov. 5 accepted three additional cases for argument during its 2021-2022 term:

• Ruan v. United States (Consolidated with Kahn v. United States)
• Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita, Inc.
• Egbert v. Boule

Ruan concerns the good faith defense available to defendants charged under the U.S. Controlled Substances Act. The question presented to the court in the case is: “[W]hether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted under Section 841(a)(1) without regard to whether, in good faith, he ‘reasonably believed’ or ‘subjectively intended’ that his prescriptions fall within that course of professional practice.” Ruan originated from the U.S. Court of Appeals for the 11th Circuit, and Kahn came from the U.S. Court of Appeals for the 10th Circuit.

Marietta Memorial Hospital originated from the U.S. Court of Appeals for the 6th Circuit and concerns the Medicare Secondary Payer Act. The Act prohibits group health plans from considering a plan participant’s eligibility when the individual has end-stage renal disease, and from providing different benefits to these individuals compared to other covered participants. 

Egbert came from the U.S. Court of Appeals for the 9th Circuit and concerns the U.S. Supreme Court’s ruling in Bivens v. Six Unknown Federal Narcotics Agents (1971). In Bivens claims, private individuals may sue FBI agents for violating their Fourth, Fifth, and/or Eighth Amendment rights. 

The court had agreed to hear 48 cases during its 2021-2022 term as of Nov. 5. Three cases were dismissed, and one case was removed from the argument calendar. Fifteen cases had not yet been scheduled for argument. To date, the court has issued decisions in two cases, both of which were decided without argument.

Fifth Circuit stays Biden administration coronavirus vaccine or testing requirement for companies with more than 100 employees

On Nov. 6, the United States Court of Appeals for the Fifth Circuit stayed the implementation of the Biden administration’s coronavirus vaccine or testing requirement for companies with more than 100 employees, which was set to take effect on Jan. 4, 2022. The Occupational Safety and Health Administration (OSHA) issued the rule as an emergency regulation on Nov. 5, 2021.

On the same day the rule was released, five states, led by Texas, filed a lawsuit against OSHA and the U.S. Department of Labor. In the plaintiffs’ motion to stay, they argued the rule exceeded OSHA’s scope of authority and its enactment violated administrative law standards. Louisiana, Mississippi, South Carolina, and Utah are also plaintiffs in the suit.

This lawsuit is one of four multistate lawsuits filed against the OSHA emergency regulation. As of Nov. 11, there were at least five additional multistate lawsuits filed against the Biden administration’s vaccine requirement rules for federal contractors and healthcare workers.

Redistricting Roundup

Montana

On Nov. 12, the Montana Districting and Apportionment Commission enacted a new congressional map following the 2020 redistricting cycle. The commissioners voted 3-2 to approve the map and to transmit it to the Montana Secretary of State. Both Republican commissioners and Maylinn Smith, the nonpartisan tiebreaker, voted in favor of the map, and the two Democratic commissioners voted against the map.

A version of the congressional map enacted by the commission had previously been approved on Nov. 4. The map that received final approval on Nov. 12 made a minor change in Pondera County, allocating a smaller portion of it to the western district.

Following the 2020 census, population increases in Montana gave the state two congressional districts. Previously, the state was an at-large congressional district. The next deadline ahead of the commission will be preparing a legislative redistricting plan by the 10th day of the upcoming regular legislative session.

Ohio

On Nov. 10, the Ohio Joint Committee on Congressional Redistricting held the first of two required public hearings on congressional redistricting proposals. The deadline for enacting new maps is Nov. 30. For any map to be put in place for a full 10 years, support from at least a third of the members of the minority party is required, and any approved plan that does not meet this threshold will only be effective for four years. The joint committee consists of three state Senators and three state Representatives and has four Republicans and two Democrats.

The Ohio Redistricting Commission did not meet an Oct. 31 deadline to draw and approve a congressional district plan, meaning the authority to create such districts passed to the state legislature. Dan Tierney, a spokesperson for Gov. Mike DeWine (R), said the delayed release of U.S. Census Bureau data “essentially took five months out of the process,” and did not leave sufficient time for the commission to draft and debate new congressional districts. 

Virginia

On Nov. 12, the Virginia Supreme Court disqualified one of the Republican nominees for the position of Special Master as the court began its process for deciding the state’s congressional redistricting plan. According to the order, “the Court believes that [Thomas Bryan’s] work for the Senate Republican Caucus related to the very subject matter for which the Court is called upon to appoint Special Masters creates a conflict.” The court also expressed concerns about the other two Republican nominees and unanimously ordered party leaders to submit three or more additional nominees by Nov. 15. 
The state supreme court is now responsible for drawing new maps after the Virginia Redistricting Commission missed a Nov. 8 deadline to produce an approved congressional district plan. Under the constitutional amendment that established the state’s redistricting process, party leaders of the House of Delegates and Senate are each required to nominate three special masters to assist the court in the redistricting process. The court will then select one special master from each party’s list of nominees. The special masters will have 30 days to draft a proposal to submit to the court for review.

Our weekly summary of state & local news highlights Gov. Abbott’s state supreme court justice appointment and Louisiana’s upcoming primaries. Read all about it in this week’s edition of the State & Local Tap.

Ballot Measures Update

Nov. 13 preview

Voters in Louisiana will decide four statewide measures on Nov. 13.

• Louisiana Amendment 1, Creation of the State and Local Streamlined Sales and Use Tax Commission Measure (2021) 
• Louisiana Amendment 2, Reduction of the Maximum Individual Income Tax Rate Measure (2021) 
• Louisiana Amendment 3, Authorize Certain Levee Districts to Collect a Five-Mill Annual Property Tax Measure (2021) 
• Louisiana Amendment 4, Increase Limit on Funding Reductions and Redirections During Budget Deficits Measure (2021)

Nov. 2 review

Voters in six states decided 24 statewide ballot measures on Nov. 2. Fourteen (14) measures were approved and 10 were defeated. Four of the measures were citizen initiatives, three were advisory questions about taxes in Washington, one was a bond issue for transportation, and the remaining 16 were legislatively referred constitutional amendments. Click here to see election results.

2022 ballot measures

Sixty-one (61) statewide measures have been certified for the 2022 ballot in 29 states so far.No new measures were certified for the ballot last week.

States in session

Seven state legislatures—Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, and 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:

• Nov. 13 – Louisiana: Voters in Baton Rouge will decide on a property tax measure to fund public transportation.
• Nov. 9 – Arkansas: Voters in Little Rock approved a property tax increase for libraries.
• Nov. 2 – Ballotpedia covered 156 local ballot measures on the Nov. 2 ballot in 18 states. At least 100 were approved, at least 42 were defeated, and the remaining 14 were too close to call as of Nov. 11.

Special Elections

Sixty-six (66) state legislative special elections have been scheduled in 21 states so far this year. Fifty-eight (58) specials have taken place already. Heading into those races, Democrats had previously controlled 29 of the seats, and Republicans previously controlled 29. Three seats flipped from Democratic control to Republican control, and two seats flipped from Republican control to Democratic control.

• 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).

Upcoming special elections include:

Nov. 13

• Louisiana State Senate District 27 (primary)
• Louisiana House of Representatives District 16 (primary)
• Louisiana House of Representatives District 102 (primary)

Nov. 23

• Mississippi State Senate District 32 (general runoff)

Nov. 30

• Massachusetts House of Representatives Fourth Essex District (primary)

Dec. 7

• New Hampshire House of Representatives Rockingham 6 District

Signatures submitted to Loudoun County Circuit Court to recall school board member Brenda Sheridan

Supporters of a recall against six of the nine members of the Loudoun County Public Schools school board in Virginia submitted signatures against Chairwoman Brenda Sheridan on Nov. 9. Supporters said they filed 1,859 signatures. A total of 803 signatures are required to move the recall forward.

The signatures were submitted to the Loudoun County Circuit Court, where the petition will be reviewed by a judge. If the case is accepted, a trial will be held. At the trial, recall supporters must “demonstrate the officer engaged in neglect of duty, misuse of office, or incompetence in the performance” in order to remove Sheridan from office.

Five other members were also included in the recall effort. One member passed away in August, and another resigned in November before a trial could take place. Petitions against the other three members have not been filed.

The recall effort is sponsored by the Fight For Schools political action committee (PAC). Recall supporters said they launched the effort due to school board members’ involvement in a private Facebook group, which they said was a violation of Virginia’s Freedom of Information Act as well as the school board’s Code of Conduct because the members discussed public matters in a private setting. Recall supporters also alleged that the district was using Critical Race Theory in its employee training and student curriculum, which they opposed.

Interim Superintendent Scott Ziegler said the district uses a Culturally Responsive Framework that “speaks to providing a welcoming, affirming environment and developing cultural competence through culturally responsive instruction, deeper learning, equitable classroom practices and social-emotional needs for a focus on the whole child.” He said the district did not use Critical Race Theory in its staff training or student curriculum. 

A group called Loudoun For All formed a political action committee to counteract the recall effort. “There is no reason equity in our schools should be this controversial,” Rasha Saad, president of Loudoun For All, said in a statement.

Ballotpedia has tracked 84 school board recall efforts against 215 board members so far in 2021—the highest number of school board recall efforts we have tracked in one year.

Texas Gov. Abbott appoints Evan Young as state supreme court justice

Texas Gov. Gregg Abbott (R) appointed Evan Young (R) to the Texas State Supreme court on Nov. 1. Young assumed office on Nov. 9. Young was appointed to succeed Eva Guzman (R), who resigned from the court in June 2021 to run for Texas attorney general. 

Before he was appointed to the state supreme court, Young was a partner at the law firm Baker Botts LLP and a professor at the University of Texas School of Law.

Under Texas law, the governor appoints a replacement to the Texas Supreme Court in the event of a midterm vacancy. The Texas State Senate must then confirm the nominee. Appointees serve until the next general election, in which they must participate in a partisan election to remain on the bench for the remainder of the unexpired term.

In 2021, there have been 18 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. Seventeen (17) of the vacancies have been caused by retirements, and one vacancy was caused by a justice’s death. To date, 14 of those vacancies have been filled.

South Dakotans Decide Healthcare submits signatures for Medicaid expansion initiative

South Dakotans Decide Healthcare submitted 47,000 signatures for their Medicaid expansion initiative on Nov. 8. To qualify for the ballot, 33,921 valid signatures are required.

The measure would amend the constitution to require the state to provide Medicaid benefits to adults between ages 18 and 65 whose incomes are below 133% of the federal poverty level. Because the Affordable Care Act includes a 5% income disregard, this measure would effectively expand Medicaid to cover those with incomes at or below 138% of the federal poverty level.

As of November 2021, a total of 38 states and Washington, D.C. had expanded or voted to expand Medicaid, while 13 states had not. Six states have expanded Medicaid through citizen initiatives.

Dakotans 4 Health also circulated a Medicaid expansion initiated amendment but did not submit signatures by the deadline. Dakotans 4 Health filed a Medicaid expansion initiative to amend state law (rather than the state constitution). Since the deadlines for initiated measures that amend state law was extended to May 3, 2022, Dakotans 4 Health said they would collect signatures for that measure and would support South Dakotans Decide Healthcare’s constitutional amendment.

Alaska, South Dakota, North Dakota enact new legislative maps

Three states enacted new legislative maps this week.

Alaska

The Alaska Redistricting Board adopted a new legislative map on Nov. 10 for the state’s 20 Senate and 40 House districts after the 2020 census. While the new map has been enacted, there will now be a 30-day period during which time interested parties may file legal challenges against the new map. The board’s three Republican-appointed members—John Binkley, Bethan Marcum, and Budd Simpson— voted in favor of the final map while the two nonpartisan members—Melanie Bahnke and Nicole Borromeo—voted against it.

KTOO’s Andrew Kitchenman reported that, since the new map largely altered the state’s Senate districts, 19 of the 20 districts will hold elections in 2022. Alaska normally staggers elections to its Senate, with half the chamber holding elections in one even-year cycle and the other half holding elections in the next, and all members would serve four-year terms. In 2022, certain districts will elect senators to two-year terms while others will elect them to four-year terms in order to restart the staggered process under the new district lines. Alaska’s House districts hold elections every two years.

North Dakota

North Dakota Gov. Doug Burgum (R) signed new state legislative maps into law on Nov. 11. The House approved the maps in a 73-18 vote on Nov. 9, and the Senate approved the maps in a 40-7 vote on Nov. 10. Since North Dakota was apportioned a single at-large U.S. House seat, they do not need to draft a congressional map.

The state legislature completed legislative redistricting during a special session that began on Nov. 8. The map was drafted by the Legislative Redistricting Committee, which had fourteen Republican members and two Democratic members. The state maintained its 47 legislative districts, but three new districts were placed near more populous areas and three districts were removed from less populous rural areas.

South Dakota

South Dakota Gov. Kristi Noem (R) signed legislation enacting the state’s new legislative districts on Nov. 10. Both chambers of the legislature approved the final proposal, known as the Sparrow map, on that day. The state House approved the new districts by a 37-31 vote and the Senate by a vote of 30-2. The South Dakota legislature began a special session to consider redistricting proposals on Nov. 8. 

The Sparrow map was a compromise proposal between two other district plans that each chamber had previously passed. The two proposals mainly differed in their approach to Native American reservations and the rural areas around Rapid City. The Sparrow map preserves Native American districts and redraws the districts covering Rapid City. 

Voters in Dover to decide city council special election on Nov. 16

The city of Dover, D.E., is holding a nonpartisan special election for District 1 on the city council on Nov. 16. The filing deadline for this election was Nov. 1.

Julia Pillsbury and Brandy Walker are running in the special election. The special election was called after Matthew Lindell resigned from his seat on the nine-seat city council after deciding to move from the district. Lindell served from 2017 to 2021.

Dover is the capital city of Delaware and the second-largest city in the state. It had an estimated population of 39,403 in 2020, according to the U.S. Census Bureau. Ballotpedia covers elections for mayor, city council, and district attorney in all capital cities in the U.S.

Louisiana to hold primaries ahead of the fall general election

Louisiana voters will decide four statewide ballot measures on Nov. 13. In addition to the ballot measures, special election primaries are being held for three seats in the Louisiana State Legislature. Ballotpedia is covering municipal elections in Baton Rouge and New Orleans. We are also covering a special election primary for a seat on the Caddo Parish Public Schools school board.

Four statewide ballot measures are certified to appear on the ballot. The measures concern taxes and the state budget. The Louisiana Constitution limits legislation and constitutional amendments in odd-numbered years to matters concerning the state’s budget, government finance, and taxation.

Special election primaries are being held for one seat in the Louisiana State Senate and two seats in the Louisiana House of Representatives. The winners of the special elections will serve until Jan. 8, 2024.

In New Orleans, primaries are being held for mayor, city council, sheriff, assessor, coroner, civil district court clerk, and criminal district court clerk. Two local judicial seats are on the ballot in Baton Rouge.

A special election primary is being held for one seat on the Caddo Parish Public Schools school board. The District 7 seat became vacant on Apr. 6 when Raymond Green resigned to spend more time with his family.

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.

Gov. Edwards signed an executive order on Sept. 9 postponing the state’s fall elections due to damage from Hurricane Ida. The primary, originally scheduled for Oct. 9, was changed to Nov. 13. The general election, originally scheduled for Nov. 13, was changed to Dec. 11.