From Dave Beaudoin <[email protected]>
Subject Ballotpedia's Daily Brew: Changes to federal executive branch policies due to coronavirus
Date March 25, 2020 9:37 AM
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Today's Brew highlights two instances of federal executive agencies responding to the coronavirus outbreak + Colorado abolishes the death penalty
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Welcome to the Wednesday, March 25, Brew. Here’s what’s in store for you as you start your day:

* Coronavirus update: Federal agencies revise policies due to the outbreak
* Colorado governor signs legislation abolishing the death penalty
* Filing deadline roundup

_ Updates on stories related to the coronavirus outbreak are current through Tuesday afternoon. Click here for the latest news ([link removed]) ._
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** CORONAVIRUS UPDATE: FEDERAL AGENCIES REVISE POLICIES DUE TO THE OUTBREAK
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In our ongoing effort to bring you the latest on how the coronavirus is affecting government, policy, and politics, today we take a look at some policy responses from federal agencies. You’ve likely seen updates about ongoing Congressional legislation. TODAY WE’LL HIGHLIGHT SOME POLICIES IMPLEMENTED BY THE FEDERAL EXECUTIVE BRANCH DUE TO CORONAVIRUS.

The White House Office of Management and Budget (OMB) requested $45.8 billion in emergency funding on March 17 to boost its response efforts to the coronavirus outbreak. According to the request ([link removed]) , the funds would be used to help agencies “maintain [full operational] capacity and ensure that resource needs created by the pandemic response are met.”

Much of the requested funding would go toward increasing telework access for agency employees, including investments in devices, software licenses, cybersecurity, and expanded network capacities. OMB issued guidance on March 12 urging agency heads to allow for maximum telework flexibility.

OMB oversees executive agency performance, federal procurement, financial management, and information policy. The agency also reviews significant regulations issued by executive agencies, coordinates agency communications with Congress, and assists the president with executive orders and presidential memoranda.

The U.S. Food and Drug Administration (FDA) announced Friday it would implement coronavirus guidance documents without first holding comment periods to solicit public feedback. The FDA said that it would not be feasible or appropriate to review public comments before implementing coronavirus guidance documents.

Guidance documents, which advise interested parties about how agencies implement regulations, are exempt from the procedural requirements of the Administrative Procedure Act (APA), including public comment periods. However, the FDA encourages members of the public to provide feedback on its draft guidance documents.

The FDA said it would continue to hold public comment periods on the coronavirus guidance documents and retroactively revise guidance as needed based on public feedback. The agency has issued coronavirus-related guidance documents in recent weeks, including guidance on:

* the production of alcohol-based hand sanitizer to help boost supply,
* conducting clinical trials for medical products during the coronavirus outbreak, and
* diagnostic coronavirus tests for clinical laboratories and commercial manufacturers.

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

* The Federal Emergency Management Agency announced it would officially use the Defense Production Act to acquire 60,000 coronavirus testing kits.
* Georgia Secretary of State Brad Raffensperger (R) announced that election officials would mail absentee ballot request forms to all active voters for the May 19, 2020, primary election.
* Massachusetts postponed three state legislative special elections, originally scheduled for March 31.

Learn more ([link removed])

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** COLORADO GOVERNOR SIGNS LEGISLATION ABOLISHING THE DEATH PENALTY
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Colorado Gov. Jared Polis (D) signed legislation Monday repealing the state's death penalty. The law applies to all sentences imposed after July 1, 2020, but does not affect any death sentences issued before that date. The maximum sentence for all Class I felonies in Colorado after July 1 is now life imprisonment.

The Colorado Senate approved the measure 19 to 13 on January 31. Three senators did not vote. Sixteen Democrats and three Republicans voted in favor and 11 Republicans joined two Democrats voting against. The state House passed the bill 38 to 27 on February 26. All 38 “yes” votes were from Democrats. Twenty-four Republicans and three Democrats voted “no.”

Colorado became a Democratic trifecta in 2019, meaning the Democratic Party holds the governorship and a majority in both legislative chambers. Prior to that, the state was under divided government.

THE DEATH PENALTY IS CURRENTLY LEGAL IN 28 STATES. The governors of California, Pennsylvania, and Oregon have placed moratoriums on the death penalty, though the laws allow it to remain. The death penalty is permitted under federal law.

The legislature recessed March 14 due to the coronavirus outbreak. State Sen. Jim Smallwood (R) announced Monday that he had tested positive for the disease.

Learn more→ ([link removed])
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** FILING DEADLINE ROUNDUP
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Seventeen states have filing deadlines this month for congressional, state, and judicial candidates. TOMORROW—MARCH 26—IS THE STATEWIDE FILING DEADLINE FOR VIRGINIA. After that, the last four March deadlines pass next week in South Carolina and New Jersey on March 30, and in South Dakota and Missouri on March 31. On March 20, New Jersey Gov. Phil Murphy (D) issued an executive order allowing congressional candidates to file their nominating petitions online.

Candidates in Virginia can file for:

* The U.S. Senate seat held by Mark Warner (D)
* 11 U.S. House seats

So far, six incumbents have filed for re-election.

Those wishing to run for the U.S. Senate in Virginia must submit 10,000 signatures, including 400 from qualified voters in each congressional district. Candidates for the U.S. House must submit 1,000 signatures. Candidates for both offices must pay a filing fee of $3,480—equal to 2% of the annual salary of a member of Congress.

Omari Faulkner—an announced candidate for the U.S. Senate—filed a lawsuit against Virginia election officials Monday arguing that the state's social distancing guidelines made it too difficult for him to gather enough signatures to qualify. His suit seeks to have the signature requirements invalidated or reduced.

Virginia’s primary election is June 9.

Learn more→ ([link removed])
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