Utah Legislature repeals tax law that triggered veto referendum

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** UTAH LEGISLATURE REPEALS TAX LAW THAT TRIGGERED VETO REFERENDUM
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A veto referendum targeting ([link removed])) the repeal of Utah Senate Bill 2001 qualified for the ballot. On the same day, the Utah State Legislature passed and the governor signed a repeal of the targeted bill. Lieutenant Governor Spencer Cox said the referendum would not be placed on the ballot since the bill it was targeting was repealed by the legislature.

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A veto referendum is a type of citizen-initiated ballot measure that asks voters whether to uphold or repeal a law passed by the state legislature. There are 23 states that have a process for veto referendums at the statewide level.

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SB 2001, titled Tax Restructuring Revisions, was designed to make changes to the state tax code. SB 2001 was sponsored by Republican Sen. Lyle Hillyard and was passed by the Utah Legislature in a special session on December 12, 2019. The bill was designed to do the following, among other changes:

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decrease the individual income tax rate;

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decrease the corporate franchise tax and corporate income tax rate;

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change how the personal exemption tax credit is calculated;

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create a nonrefundable tax credit for social security benefits;

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increase the sales tax on food and food ingredients;

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create a refundable grocery tax credit;

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create a sales tax exemption for menstrual products;

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create a tax on gasoline (motor fuel) and special fuels, add a new tax on diesel fuel; and

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repeal certain appropriations from the General Fund to the Education Fund.

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Supporters of the referendum effort submitted 152,000 signatures on January 21. To qualify for the ballot, 115,869 valid signatures were required. County clerks verified that more than the required number of submitted signatures were valid.

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Sponsors of the referendum petition effort included former state Representative Fred Cox (R), Darcy Van Orden of Utah Justice Coalition, Gina Cornia of Utahns Against Hunger, Jeffrey C. White, and Judy Rohner. It was also supported by the Utah Parent Teacher Association.

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Rep. Francis Gibson (R) and Sen. Lyle Hillyard (R) introduced House Bill 185 to repeal the tax bill. The House voted 70-1 in favor of HB 185 on January 28, 2020. Republican Rep. Keven Stratton voted against repealing the tax bill. The Senate voted unanimously to repeal the bill. Governor Gary Herbert (R) signed HB 185 on January 29. When the plan to repeal SB 2001 was announced, Herbert and legislative leaders stated, “Once the repeal is signed into law, the legislature will begin work under the reinstated tax code to prepare the fiscal year 2021 state budget. Repealing SB 2001 will enable the legislature to draft the budget without the uncertainty of a referendum potentially changing the tax code midway through the budget year.”

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There have been four veto referendums on the ballot in Utah ([link removed]) in the past, with the first two on the ballot in 1954 and the most recent in 2007. Voters decided to repeal each of the four bills put before them through veto referendums. Across the 23 states with a statewide veto referendum process, there have been 522 veto referendums ([link removed]) since the first in 1906. Utah is the only state where voters have repealed every law put before them through the veto referendum process.

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** GATES WINS CLOSELY WATCHED RUNOFF FOR TEXAS STATE HOUSE SEAT
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Gary Gates ([link removed]) (R) defeated Elizabeth Markowitz ([link removed]) (D) 58-42 in the runoff election ([link removed])) for the District 28 seat in the Texas House of Representatives. Before the runoff, The Hayride, a conservative political commentary site, described the race as "a test case to see if [Republicans] can hold turf in the 'urban suburbs' of Houston." ABC 13 said that Democrats could use this race to "create a domino effect that alters more seats, which shifts control in Austin."

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The race gained national attention when several Democratic presidential candidates endorsed Markowitz. Gates was endorsed by Gov. Greg Abbott (R), and both candidates received funding by outside national groups affiliated with their political party: the Democratic Legislative Campaign Committee for Markowitz and the Republican State Leadership Committee for Gates.

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The two candidates advanced from a field of seven in a November 5, 2019, general election. Markowitz, the lone Democrat in the race, received 39.1 percent of the vote. Gates received 28.4 percent of the vote, while three other Republican candidates split another 30 percent of the vote. In the 2018 general election, then-incumbent Rep. John Zerwas (R) defeated Meghan Scoggins (D) 54-46.

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The candidates could potentially face off again in the November general election. Markowitz is unopposed in the Democratic primary, and Gates faces Schell Hammel in the Republican primary. That primary will take place on March 3.

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The seat became vacant after Zerwas resigned on September 30, 2019, to take an executive position with the University of Texas System. Heading into the election, Republicans held an 82-64 majority in the House with three seats vacant. All 150 seats in the chamber are up for election in November 2020.

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** BRANCH APPOINTED TO MARYLAND HOUSE OF DELEGATES
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Chanel Branch ([link removed]) (D) was appointed to represent District 45 in the Maryland House of Delegates ([link removed]) , filling the vacancy left by the resignation of Cheryl Glenn ([link removed]) (D) in December 2019. 

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Members of the district’s Democratic Central Committee, which Branch chairs, nominated her for Glenn’s former seat on January 13, 2020. Her nomination was then sent to Gov. Larry Hogan (R), who appointed Branch to the seat. She was sworn in the following day.

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Glenn resigned from the House of Delegates on December 18, 2019, and was subsequently charged with bribery and wire fraud. She pleaded guilty to the charges on January 22, 2020. 

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Branch works at the Maryland Department of Human Services, serving as the Director of Operations for Strategy and Administration at the state agency. She joins Delegates Talmadge Branch (D) and Stephanie Smith (D) in representing District 45. Talmadge Branch, who is a candidate for Maryland’s 7th Congressional District, is Chanel Branch’s father.

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There is currently one other vacancy in the Maryland House of Delegates, and a nomination for the position has already been sent to the governor for consideration. The current partisan composition of the state House is 98 Democrats, 42 Republicans, and one vacancy. 

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** IOWA GOVERNOR APPOINTS OXLEY TO STATE SUPREME COURT
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Iowa Governor Kim Reynolds (R) appointed attorney Dana Oxley ([link removed])) to the Iowa Supreme Court. Oxley succeeded Chief Justice Mark Cady, who died of a heart attack on November 15, 2019. Oxley was Gov. Reynolds' third nominee to the seven-member supreme court.

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Selection of state supreme court justices in Iowa occurs through gubernatorial appointment with input from the state Judicial Nominating Commission (JNC). Within 60 days of receiving notice of the vacancy from the secretary of state, the commission submits the names of three nominees to the governor, who appoints one nominee to the court. Newly appointed judges serve for one year. They must run in a yes-no retention election (occurring during the regularly scheduled general election) if they wish to continue serving.

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The JNC is a 17-member body that evaluates candidates who apply for a state supreme court vacancy. The group includes one chairperson (the senior associate justice of the Iowa Supreme Court, other than the chief justice), eight lawyers selected by licensed Iowa lawyers, and eight non-lawyers appointed by the governor and confirmed by the Iowa State Senate.

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Founded in 1846, the Iowa Supreme Court is the state's court of last resort and has seven judgeships. As of Oxley's appointment, the court had the following other members:

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Brent Appel - Appointed by Gov. Tom Vilsack (D) in 2006

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Susan Christensen - Appointed by Gov. Kim Reynolds (R) in 2018

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Edward Mansfield - Appointed by Gov. Terry E. Branstad (R) in 2011

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Christopher McDonald - Appointed by Gov. Reynolds in 2019

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Thomas Waterman - Appointed by Gov. Branstad in 2011

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David Wiggins - Appointed by Gov. Vilsack in 2003

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In 2020, there have been six supreme court vacancies in five of the 29 states where replacement justices are appointed instead of elected. The vacancies were caused by retirements. Gov. Reynolds will appoint a fourth member of the Iowa Supreme Court in 2020 following Justice David Wiggins' retirement in March.

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In 2019, there were 22 supreme court vacancies across 14 of the 29 states where replacement justices are appointed instead of elected. Retirements caused 14 of the vacancies. Two former justices took jobs in the private sector. One vacancy occurred when a justice was elevated to chief justice of the court, one occurred when a chief justice died, and four vacancies occurred when the justices were elevated to federal judicial positions.

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** CANDIDATE FILING PERIOD FOR STATE EXECUTIVE AND LEGISLATIVE OFFICES TO END IN INDIANA
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On Friday, February 7th, themajor-party filing deadline ([link removed]) will pass to run for elected office in Indiana ([link removed]) . In Indiana, prospective candidates may file for the following state offices:

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Governor

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Lieutenant Governor

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Attorney General

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State Senate (25 seats)

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House of Representatives (100 seats)

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Supreme Court (one seat up for retention election)

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Court of Appeals (six seats up for retention election)

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The primary is scheduled for May 5, and the general election is scheduled for November 3, 2020. The judicial retention elections are also scheduled for November 3.

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Indiana’s statewide filing deadline is the 12th to take place ([link removed]) in the 2020 election cycle. The next statewide filing deadline is on February 18 in Pennsylvania.

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Indiana has a Republican state government trifecta ([link removed]) . A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

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** WILSON RESIGNS FROM ALASKA HOUSE OF REPRESENTATIVES
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Former Rep. Tammie Wilson ([link removed]) ’s (R) resignation from the Alaska House of Representatives ([link removed]) took effect at the end of the day on Jan. 25. Wilson announced her resignation a day earlier. She left her District 3 seat to take a job as a policy adviser with the Office of Children’s Services at the Alaska Department of Health and Social Services. 

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Wilson first assumed office in the state House in December 2009. She previously served as an Assembly Member for Fairbanks North Star Borough from 2008 to 2009. She also worked as an owner of an antique collection store and automotive shop.

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Wilson’s departure creates the first vacancy of the year in Alaska’s legislature and the 23rd vacancy overall in state legislatures in 2020. Members of the Alaska Republican Party will recommend a replacement to Gov. Mike Dunleavy (R), who has 30 days from Wilson’s departure to make an appointment to fill the seat. After Wilson’s resignation, the party composition of the Alaska House of Representatives was 22 Republicans, 15 Democrats, two independents, and one vacancy.

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** NEW YORK CITY COUNCIL MEMBER ESPINAL RESIGNS
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On January 26, 2020, New York City Council ([link removed]) member Rafael Espinal ([link removed]) (D) resigned his seat after representing New York City Council District 37 ([link removed]) for seven years. 

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Espinal stepped down to become the executive director of the Freelancers’ Union.

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Espinal had two years remaining on his second consecutive four-year term as a New York City Council member. 

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New York City Council members are limited to two consecutive four-year terms.

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A special election will be held to fill the vacancy created by Espinal’s resignation. Details about the special election, including when it will be held, have not yet been released.

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The New York City Council is the city’s primary legislative body. It is responsible for adopting the city budget, approving mayoral appointees, overseeing the use of municipal properties, levying taxes and making or amending city laws, policies and ordinances.

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Before his resignation from the New York City Council, Espinal served as a member of the New York State Assembly.

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** 2020 BALLOT MEASURES UPDATE
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Fifty-four statewide measures ([link removed]) in 24 states have been certified for the 2020 ballot so far.

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Seventeen of the 54 certified measures are citizen-initiated measures. Thirty-six are legislative referrals. One is an automatic constitutional revision commission question.

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Two measures ([link removed]) were certified for the 2020 ballot last week.

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Proponents of four additional ballot initiatives or veto referendums ([link removed]) in Alaska, California, and Michigan submitted signatures, which are pending verification by state officials.

 
[The Tuesday Count]

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** SPECIAL ELECTIONS
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So far this year, 28 state legislative special elections ([link removed]) have been scheduled in 13 states. Special elections have been held for six seats so far; heading into those races, Democrats had previously controlled one of the seats while Republicans previously controlled five.

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In special elections between 2011 and 2019, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.

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An average of 55 seats were filled through special elections in each of the past five even years (2010 ([link removed]) : 26, 2012 ([link removed]) : 45, 2014 ([link removed]) : 40, 2016 ([link removed]) : 65, 2018 ([link removed]) : 99).

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An average of 88 seats were filled through special elections in each of the past five odd years (2011 ([link removed]) : 94, 2013 ([link removed]) : 84, 2015 ([link removed]) : 88, 2017 ([link removed]) : 98, 2019 ([link removed]) : 77).

UPCOMING SPECIAL ELECTIONS INCLUDE:

February 4

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Georgia State Senate District 13 ([link removed])

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Massachusetts House of Delegates 32nd Middlesex District (primary) ([link removed])

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Minnesota House of Representatives District 30A ([link removed])

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Minnesota House of Representatives District 60A ([link removed])

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Rhode Island House of Representatives District 56 (primary) ([link removed])

February 11

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Arkansas House of Representatives District 34 (primary runoff) ([link removed])

February 25

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Kentucky House of Representatives District 67 ([link removed])

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Kentucky House of Representatives District 99 ([link removed])

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Pennsylvania House of Representatives District 190 ([link removed])

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[States in session]

Thirty-seven states—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 ([link removed]) . 

BALLOTPEDIA DEPENDS ON THE SUPPORT OF OUR READERS.

The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.
 

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