Five states have closed schools statewide due to COVID-19 outbreak

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The State and Local Tap

We appreciate you spending part of your weekend with us! You can find out more about the week in state and local politics below. 

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23 states have issued stay-at-home orders in response to coronavirus

  • An additional 19 states joined California, Illinois, New Jersey, and New York in issuing stay-at-home orders, bringing the total of states with such orders across the country to 23. The 19 states were: Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Vermont, Washington, West Virginia, and Wisconsin.
     
  • Although the names of the orders—shelter-in-place, stay-at-home, stay home, stay safe—vary from state to state, they include at least two common elements: the closure of all nonessential businesses in the state and requesting all residents to stay home except for essential trips for supplies or outdoor exercise.
     
  • In addition to calling for nonessential businesses to close, the orders also call for workers in a critical industry to continue working. The exact definitions of nonessential businesses and critical industries vary from state to state, but a memo released by the Cybersecurity and Infrastructure Security Agency (CISA) on March 19 outlined "the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response." To read the industries listed by the CISA, click here.

Four more states close schools for remainder of school year due to coronavirus pandemic

  • On March 23, Virginia Gov. Ralph Northam (D) announced that all schools statewide would remain closed for the rest of the school year due to the coronavirus outbreak. This was an extension of a previous order on March 13 when Northam ordered all schools to close from March 16 to March 27.
     
  • On March 25, the Oklahoma Department of Education announced that schools would remain closed for the remainder of the academic year. Schools were initially closed from March 17 to April 6.
     
  • On March 26, Alabama Gov. Kay Ivey (R) announced that schools statewide would remain closed for the remainder of the academic year. Prior to the announcement, schools were scheduled to reopen on April 6.
     
  • On March 27, New Mexico Gov. Michelle Lujan Grisham (D) announced that schools would be closed for the remainder of the academic year. Prior to the announcement, schools were scheduled to reopen on April 6.
     
  • So far, five states have ended their school years amid the coronavirus pandemic. Kansas ended its school year on March 17 under an executive order from Gov. Laura Kelly (D).
     
  • Across the country, 47 states have ordered a statewide school closure in response to the coronavirus outbreak. Schools in those states served 49.6 million public school students in the 2016-2017 academic year, of the 50.6 million public school students in the United States.

Thirty-four states have suspended in-person court proceedings statewide

  • On Sunday, March 22, the West Virginia Supreme Court declared a judicial emergency and suspended all in-person proceedings (with a few exceptions) and jury trials through April 10, 2020.  On the same day, Wisconsin also suspended jury trials and halted in-person proceedings in favor of phone and video conferences during the pandemic. Last week, the Wyoming Supreme Court suspended in-person proceedings, except in certain specified instances, and closed the supreme court building to the public on March 23. 
     
  • Wisconsin, Wyoming and West Virginia join a majority of states whose judicial branches have decided to suspend certain court operations and jury trials due to the coronavirus pandemic. To date, 34 states have suspended in-person proceedings on a statewide level, including Virginia, Colorado, and Connecticut.  Sixteen states, including Georgia and South Carolina, have empowered judges to decide how to handle courtroom restrictions on the local level. While there are no statewide restrictions in Nevada, courthouses in Las Vegas are limiting public access in light of the coronavirus pandemic.
     
  • Many courts are amending or extending their original orders to either tighten restrictions or push suspended operations to dates further in the future. On March 24, Florida’s Supreme Court extended its original March 13 order, which would have opened courtrooms to the public by March 30, through April 17.  Alaska’s Supreme Court extended its suspensions, including all trial court proceedings and civil marriage ceremonies, through May 1.

Oregon Firearm Storage and Transfer Initiative campaign abandons signature drive for 2020

  • Henry Wessinger, who filed an initiative petition on behalf of State of Safety Action, announced that the campaign would not circulate its initiative petition targeting the 2020 ballot due to the coronavirus pandemic. The initiative would have provided regulations regarding firearms and firearm storage. Wessinger said, "We’ve made what is a disappointing, but I think correct, decision to not proceed with signature gathering on IP 40."


Fourteen states have postponed elections for state and local offices

  • Pennsylvania Governor Tom Wolf (D) signed into law legislation postponing the state primary election to June 2, 2020. On the same day, Ohio Governor Mike DeWine (R) signed HB 197 into law, rescheduling that state's primary election for April 28, 2020. To date, the following states have postponed primaries or elections that encompass state or local offices: 
    • Alabama: Primary runoff postponed to July 14
    • Delaware: Select school board and municipal elections postponed
    • Indiana: Primary postponed to June 2
    • Iowa: Three special municipal elections postponed to July 7
    • Kentucky: Primary postponed to June 23
    • Maryland: Primary postponed to June 2
    • Massachusetts: Two special state Senate elections postponed to May 19; two special state House elections postponed to June 2
    • Missouri: Municipal elections originally scheduled for April 7 postponed to June 2
    • New Jersey: Special municipal elections in the townships of Old Bridge and West Amwell and Atlantic City postponed to May 12; all school board elections scheduled for April 21, postponed to May 12
    • Ohio: Primary postponed to April 28
    • Oklahoma: Municipalities authorized to postpone elections originally scheduled for April 7 to a later date
    • Pennsylvania: Primary postponed to June 
    • South Carolina: Municipal elections scheduled for March and April postponed to sometime after May 1
    • Texas: Special election for Texas State Senate District 14 postponed to July 14
    • Texas: Primary runoff elections postponed to July 14

Michigan Graduated Income Tax Initiative campaign suspends signature gathering 

  • Eli Isaguirre, campaign manager of Fair Tax Michigan, announced that the campaign was suspending efforts to place its initiative on the ballot for November 3, 2020. Instead, Fair Tax Michigan will aim to place the initiative on the ballot for 2022. The measure would establish a graduated income tax rate.  Isaguirre wrote, “This decision was made due to the need to follow the advice of public health officials and the order of Governor Gretchen Whitmer to practice social distancing. The campaign also recognizes the immediate need of many of our members to assist frontline communities in dealing with the effects of the crisis.”

Minnesota’s governor self-quarantines after COVID-19 exposure

  • Gov. Tim Walz (D) announced the decision to isolate on March 23 after learning a member of his security detail tested positive for coronavirus. He will remain quarantined for 14 days.
     
  • There are at least two other state executives self-quarantined for COVID-19. Georgia Lt. Gov. Geoff Duncan (R) announced his quarantine last week, and Montana Lt. Gov. Mike Cooney (D) announced on March 5.
     
  • As of publication, at least 17 state lawmakers have been diagnosed with COVID-19. Nineteen or more self-quarantined due to an exposure risk or symptoms similar to COVID-19.

Longest-serving legislator in U.S. history announces he isn’t running for re-election

  • Wisconsin State Senator Fred Risser (D) announced that he will not run for re-election this year for the first time in more than six decades. After 64 years as a member of the Wisconsin legislature, Risser is the longest-serving legislator at the state or national level in United States history. He is also the only remaining World War II veteran serving in a state or national legislature.
     
  • Born in 1927, Risser was first elected to the Wisconsin State Assembly in 1956. He has represented District 26 in the state Senate since his election to the chamber in 1962.
     
  • Throughout his time in the senate, Risser served as Senate Minority Leader and spent 25 years total as Senate President. His announcement noted that he has worked alongside 13 governors, seven Democratic and six Republican, and that he has never missed a legislative roll call.
     
  • Risser is the fourth generation in his family to represent Madison in the state legislature and the only Democrat in the family legacy. Risser will be 93 years old when he retires at the end of his current term on January 3, 2021.

California Stem Cell Research Institute Bond Initiative campaign suspends signature gathering

  • Sarah Melbostad, a spokeswoman for Californians for Stem Cell Research, Treatments, and Cures, reported that the campaign's initiative signature drive was suspended due to the coronavirus. The initiative would issue $5.5 billion in general obligation bonds for the state's stem cell research institute. Melbostad said, "In keeping with the governor’s statewide order for non-essential businesses to close and residents to remain at home, we’ve suspended all signature gathering for the time being. ... We’re confident that we still have time to qualify and plan to proceed accordingly." At least 623,212 signatures need to be verified before June 25, 2020.


Candidate filing period for state executive, legislative, and judicial offices to end in six states

  • The filing deadlines to run for elected office in New Jersey, South Carolina, Missouri, South Dakota, New York, and Tennessee are approaching. In New Jersey and South Carolina, the filing deadline for state office is March 30. In Missouri and South Dakota, the filing deadline for state office is March 31. In New York and Tennessee, the filing deadline is April 2. 
    • New Jersey
      • No state offices are up for election in New Jersey in 2020. 
      • Ballotpedia is covering the following local school board elections:
        • Newark Public Schools (3 seats)
        • Jersey City Public Schools (1 seat)
           
    • South Carolina
      • In South Carolina, prospective candidates may file for the following state offices:
      • Ballotpedia is covering the following local school board elections:
        • Berkeley County School District (5 seats)
        • Charleston County School District (5 seats)
        • Greenville County School District (5 seats)
        • Horry County Schools (5 seats)
           
    • Missouri
    • South Dakota
    • New York
      • In New York, prospective candidates may file for the following offices:
      • Ballotpedia is covering one local school board election:
        • Lackawanna City School District (2 seats)
      • Ballotpedia is covering local elections in the following areas:
        • New York, New York
        • Erie County, New York
        • Queens County, New York
           
    • Tennessee
      • In Tennessee, prospective candidates may file for the following offices:
      • Ballotpedia is covering the following local school board elections:
        • Clarksville-Montgomery County School System (3 seats)
        • Hamilton County School District (4 seats)
        • Knox County School District (4 seats)
        • Metropolitan Nashville Public Schools (5 seats)
        • Rutherford County Schools (4 seats)
        • Shelby County Schools (4 seats)
        • Williamson County Schools (5 seats)
      • Ballotpedia is covering local elections in the following areas:
        • Nashville, Tennessee
        • Shelby County, Tennessee
      • Additionally, Tennessee will hold retention elections for one Court of Appeals justice.
         
  • New Jersey, South Carolina, Missouri, South Dakota, New York, and Tennessee’s statewide filing deadlines are the 26th, 27th, 28th, 29th, 30th, and 31st to take place in the 2020 election cycle. The next statewide filing deadline is on April 6, 2020, in Arizona.

Oregon Drug Decriminalization Initiative campaign suspends in-person signature gathering

  • Yes on IP 44, the campaign sponsoring a drug decriminalization initiative in Oregon, announced that it was suspending in-person signature gathering efforts. In the announcement, the campaign said, "It has been part of our campaign strategy all along to move to digital signature gathering at some point. COVID just accelerated that transition." At the time of the announcement, the campaign needed 8,000 more signatures to qualify for the November ballot and therefore was requesting that supporters download the petition to sign and mail it to their campaign.

Kemp appoints Carla McMillian to Georgia Supreme Court

  • Georgia Gov. Brian Kemp (R) appointed Judge Carla McMillian to serve as the first Asian American justice on the Georgia Supreme Court. 
    • McMillian will fill the vacancy created by Justice Robert Benham’s resignation on March 1, 2020.
  • McMillian currently serves as a judge on the Georgia Court of Appeals
    • She was appointed to the court by Gov. Nathan Deal (R) on January 16, 2013. 
    • She also served on the Fayette County State Court bench for three years. 
    • Prior to serving as a judge, McMillian served as a federal law clerk for the U.S. District Court for the Northern District of Georgia Judge William O’Kelley and as an attorney and partner for Sutherland Asbill & Brennan LLP.

Arizona Right to Know Source of Campaign Contributions Initiative campaign suspends signature gathering

  • Former Attorney General Terry Goddard, co-chair of the campaign Outlaw Dirty Money, announced that the campaign suspended its signature drive. The initiative would provide people with a right to know the identity of the original source of an aggregate contribution of $5,000 or more used for campaign media spending. He called on the Arizona State Legislature to allow for signatures to be gathered online. He said the issue was basic fairness because legislators authorized the collection of candidate nominating petitions online.

Ballot Measures Update

2020:

  • Seventy-three statewide measures in 29 states have been certified for the 2020 ballot so far.
    • Eighteen of the certified measures are citizen-initiated measures. Fifty-four are legislative referrals. One is an automatic constitutional revision commission question.
    • Three measures were on the March 3 ballot, one is on the April 7 ballot in Wisconsin, two measures are on the June 9 ballot in Maine, and the remaining 67 are on the November ballot.
    • On April 7, Wisconsin voters will decide a Marsy’s Law Amendment, which would add specific rights of crime victims to the state constitution.
    • No new measures were certified for the 2020 ballot last week.
  • Proponents of three additional ballot initiatives in Alaska, Colorado, and Michigan submitted signatures, which are pending verification by state officials.
Ballot measure certification chart

Special Elections

  • So far this year, 37 state legislative special elections have been scheduled in 18 states. Special elections have been held for 22 seats so far; heading into those races, Democrats had previously controlled 10 of the seats while Republicans previously controlled 12. One seat has flipped from Democratic control to Republican control. One seat has flipped from Republican control to Democratic control.
    • In special elections between 2011 and 2019, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
    • An average of 55 seats were filled through special elections in each of the past five even years (2010: 26, 2012: 45, 2014: 40, 2016: 65, 2018: 99).
    • An average of 88 seats were filled through special elections in each of the past five odd years (2011: 94, 2013: 84, 2015: 88, 2017: 98, 2019: 77).

Upcoming special elections include:

April 21

April 28


States in session

Nine states—Alabama, Alaska, Kentucky, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Vermont—are in regular session

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