Today's Brew highlights states where suspended legislative sessions have affected legislatively referred ballot measures + reviews turnout in last week’s Democratic primaries
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Welcome to the Monday, March 23, Brew. Here’s what’s in store for you as you start your day:

* Coronavirus update: How adjourned legislative sessions are affecting ballot measures
* Democratic presidential primary turnout falls in Illinois
* Kansas governor announces supreme court appointment

_Updates on stories related to the coronavirus outbreak are current through Sunday afternoon. Click here for the latest news ([link removed]) ._
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** CORONAVIRUS UPDATE: HOW ADJOURNED LEGISLATIVE SESSIONS ARE AFFECTING BALLOT MEASURES
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In Friday's _Brew_, we discussed how citizen initiative signature petition efforts have been affected by the coronavirus pandemic. Today let’s explore how changes in the length and timing of state legislative sessions have affected legislatively referred ballot measures.

At least 23 states have suspended or partially suspended their legislative sessions and at least two have adjourned their legislative sessions early in response to the coronavirus pandemic. One effect of suspended or shortened legislative sessions is that some state legislatures are either accelerating, or abandoning, certain ballot measures. Often, state legislatures will approve bills like these in the waning days of a legislative session. Let’s take a look at two states in particular.


** MARYLAND
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In Maryland, the legislature was scheduled to adjourn on April 6 but adjourned on March 18 in response to the coronavirus pandemic. On that date, the state House gave final approval to a constitutional amendment authorizing the Maryland General Assembly to increase, decrease, or add items to the state budget as long as such measures do not exceed the total proposed budget submitted by the governor.


** MAINE
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The Maine State Legislature was scheduled to adjourn April 15. In response to the coronavirus pandemic, they instead adjourned on March 17. The legislature is expected to return for a special session in the summer.

Before adjourning, the legislature approved two bond issues for the ballot: a $105 million transportation bond issue and a $15 million high-speed internet infrastructure bond issue.

An indirect initiative with enough verified signatures to qualify for the ballot went before the Maine State Legislature prior to its adjournment. This measure would require the Public Utilities Commission to deny certification of the NECEC transmission project. The state constitution says that such measures shall go before voters unless enacted without change by the Legislature ”at the session at which it is presented.” The website of the legislature stated that this indirect initiative can still be considered during the special session.

There are currently 73 statewide measures certified for 2020 ballots—Six on pre-November ballots and the remaining 67 on Nov. 3. Of the total, 54 were referred to the ballot by state legislators. From 2010 through 2018, 81 MEASURES ON AVERAGE HAD BEEN CERTIFIED FOR THE BALLOT DURING EVEN-NUMBERED YEARS AT THIS POINT IN THE CYCLE. Overall, an average of 100 measures were referred to even-numbered year ballots by state legislatures from 2012 through 2018.

Additionally, here are other notable coronavirus-related updates since Friday's _Brew_:

* Sen. Rand Paul (R-Ky.) tested positive for coronavirus. Paul said he was not experiencing any symptoms and was tested as a precaution. Utah Senators Mike Lee (R) and Mitt Romney (R) announced they were self-quarantining because of contact with Paul.
* Louisiana Gov. John Bel Edwards (D), New Jersey Gov. Phil Murphy (D), and Ohio Gov. Mike DeWine (R) issued orders directing residents of their respective states to stay at home. These orders close certain businesses and place restrictions on others and ask residents to leave their homes only for essential activities.

Finally, in Friday's _Brew_, we asked readers to share their stories about how their communities are responding to these extraordinary times.

One Ballotpedia staffer reported a neighborhood Facebook group began gathering information from people needing help, and matching those who had extra items with those who had none.

We invite you to share what's happening where you live — whether it's a personal anecdote, a link to a story in your local media, or even a photo. You can send them to me directly at [email protected] (mailto:[email protected]) . And please let me know if you wish to share your story with your fellow _Brew _readers.

Learn more ([link removed])

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** DEMOCRATIC PRESIDENTIAL PRIMARY TURNOUT FALLS IN ILLINOIS
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Of the three states that held presidential primaries on March 17 ([link removed]) , two contained Pivot Counties ([link removed]) — Florida ([link removed]) and Illinois ([link removed]) .

Pivot Counties are the 206 counties that Ballotpedia identified that voted for President Barack Obama in both 2008 and 2012 and President Trump in 2016.

Ballotpedia has been looking at the change in Democratic raw voter turnout from 2016 to 2020 in Pivot Counties across the country. To catch you up, here’s where things stood heading into the March 17 primaries.

* Sixteen states with Pivot Counties held presidential primaries or caucuses between February 3 and March 10.
* In 11 of the 12 states with full returns available, Democratic voter turnout in Pivot Counties was lower than it was statewide. New Hampshire ([link removed]) was the only state where an increase in voter turnout in Pivot Counties (18.6%) exceeded that of non-Pivot Counties (17.7%).
* Minnesota, which switched from a caucus in 2016 to a primary in 2020, saw the largest surge in Democratic turnout in both Pivot Counties (244%) and statewide (263%).

Here’s what happened on March 17:

* DEMOCRATIC VOTER TURNOUT IN FLORIDA INCREASED IN ITS FOUR PIVOT COUNTIES BY 3.7%, SLIGHTLY OUTPACING THE STATEWIDE INCREASE IN DEMOCRATIC TURNOUT OF 1.6%. Florida’s turnout saw more than 1.1 million Democratic ballots cast early or by mail ([link removed]) .

* In Illinois, based on 99% of precincts reporting, Democratic voter turnout decreased 23.0% across 10 of the state’s Pivot Counties. Results were not available for one Pivot County. STATEWIDE DEMOCRATIC TURNOUT DECREASED 24.9%, MARKING THE LARGEST DROP IN DEMOCRATIC TURNOUT FROM 2016 TO 2020 IN A STATE SO FAR.

Learn more→ ([link removed])
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** FIFTH DEMOCRATIC-APPOINTED JUSTICE JOINS KANSAS SUPREME COURT
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Courts may be closed ([link removed]) , but that doesn’t mean court appointments are halting. Kansas Governor Laura Kelly (D) appointed Judge Kenyen Wall to succeed Justice Lawton Nuss on the Kansas Supreme Court March 11. Nuss, who was previously appointed by Gov. Bill Graves (R) in 2002, retired on December 17, 2019.

WALL IS THE FIFTH DEMOCRATIC-APPOINTED JUSTICE ON THE SEVEN-MEMBER COURT and Kelly’s second nominee. The governor also appointed Justice Evelyn Z. Wilson in December 2019. Gov. Kathleen Sebelius (D) appointed the other three.

Wall was a partner at the Forbes Law Group when he was appointed to the Kansas Supreme Court. He previously worked as deputy general counsel for Chief Justice Nuss, as senior legal counsel at Federated Insurance, as an attorney in private practice, and as a law clerk to Judge John Lungstrum of the United States District Court for the District of Kansas. Wall earned his J.D. from the University of Kansas School of Law in 2001.

In the event of a vacancy on the Kansas Supreme Court, the governor selects a replacement from a list of three individuals submitted by the Kansas Supreme Court Nominating Commission. Newly appointed justices serve for at least one year, after which they must run for retention in the next general election. Subsequent terms last for six years.

The Kansas Supreme Court Nominating Commission is a nine-member independent body created by the Kansas Constitution. The commission has nine members: four non-attorneys appointed by the governor and four attorneys selected by members of the bar in each of the state’s four congressional districts. The chair of the commission, the ninth member, is a lawyer chosen in a statewide vote of attorneys who are members of the Kansas Bar Association.

Founded in 1861, the Kansas Supreme Court is the state’s court of last resort.

THERE HAVE BEEN NINE SUPREME COURT VACANCIES IN EIGHT OF THE 29 STATES where replacement justices are appointed instead of elected in 2020. The vacancies were caused by retirements.

Learn more→ ([link removed]))
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