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Seven more states close schools for remainder of academic year due to coronavirus

• Mississippi Gov. Tate Reeves (R) and Utah Gov. Gary Herbert (R) both closed schools in their states for the remainder of the academic year. Prior to the announcement, Mississippi schools had been closed since March 16 and were set to be closed until April 17. Utah schools had been closed since March 16 and were set to be closed until May 1.

• Five other states—Louisiana, New Hampshire, Tennessee, Texas, and Wisconsin—also closed schools for the remainder of the year this week. Across the country, 28 states have ended their school years. Those states account for 60.5% of the 50.6 million public school students in the country. All 50 states have ordered a statewide school closure in some form.

Karofsky wins Wisconsin Supreme Court election

• Jill Karofsky defeated incumbent Daniel Kelly in the spring election for a 10-year term on the Wisconsin Supreme Court, according to vote totals released Monday. Karofsky received 55.3% of the vote to Kelly’s 44.7%. Although the election was officially nonpartisan, Kelly is a member of the court’s conservative majority while Karofsky has indicated she will join the liberal minority.

• Karofsky’s win will reduce the size of the court’s conservative majority to 4-3. Assuming no justices leave the bench early, the 2023 election will determine control of the court. Had Kelly won re-election, liberals would not have had a chance at winning a majority until 2026.

• Recent elections to the Wisconsin Supreme Court have been decided by narrow margins. In 2019, conservative Brian Hagedorn defeated liberal Lisa Neubauer 50.2% to 49.7%. In 2018, liberal Rebecca Dallet defeated conservative Michael Screnock 55.8% to 44.2%. 

• Kelly is the eighth Supreme Court justice to lose a re-election bid in state history and the second in the past 50 years.

Seven states extend stay-at-home orders

• The governors of Missouri, New York, and Wisconsin extended their states' stay-at-home orders. The Missouri order was extended through May 3 (original end date of April 24), the New York order was extended through May 15 (originally set to last indefinitely) and the Wisconsin order was extended through May 26 (original end date of April 24).

• This week, seven total states extended their stay-at-home orders: Alaska, Idaho, Kansas, Missouri, New York, Tennessee, and Wisconsin. Across the country, 43 states are currently under a stay-at-home order.

• Although the stay-at-home orders 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.

Maine postpones statewide primary election to July 14

• On April 10, Governor Janet Mills (D) issued Executive Order No. 39 FY 19/20, postponing Maine's statewide primary election, originally scheduled for June 9, 2020, to July 14, 2020.

• Maine is one of 14 states that have postponed state-level primary or special elections in response to the coronavirus (COVID-19) pandemic. 

  • Alabama: Primary runoff postponed to July 14.

  • Georgia: Primary postponed to June 9; primary runoff postponed to August 11.

  • Indiana: Primary postponed to June 2.

  • Kentucky: Primary postponed to June 23.

  • Maine: Primary postponed to July 14.

  • 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.

  • New Jersey: Primary postponed to July 7.

  • New York: Special elections in the following districts postponed to June 23: State Senate District 50, State Assembly District 12, State Assembly District 31, State Assembly District 136.

  • Ohio: Absentee voting in the state's primary extended to April 27; final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, set for April 28.

  • Pennsylvania: Primary postponed to June 2.

  • Texas: Special election for Texas State Senate District 14 postponed to July 14; primary runoff postponed to July 14.

  • Virginia: Primary postponed to June 23.

  • West Virginia: Primary postponed to June 9.

Wisconsin voters approve Marsy’s Law amendment

• Wisconsin voters approved a Marsy's Law crime victims rights amendment 75% to 25%, making Wisconsin the 13th state to pass a Marsy's Law measure. There was an executive order and a series of court rulings concerning the timing and conduct of the election in response to the coronavirus (COVID-19) pandemic. Ultimately, voting took place on April 7, but a U.S. district court ruling prevented state officials from reporting results until April 13.

• Including Wisconsin, 13 states have passed Marsy’s Law measures. Two measures—one in Montana and one in Kentucky—were later overturned by court rulings. The Kentucky State Legislature voted to put a second Marsy’s Law measure on the 2020 ballot last week. The official outcome of Pennsylvania’s 2019 Marsy’s Law measure is pending a court ruling; 74% of voters were in favor of it. On average, voter support for the 14 Marsy’s Law measures appearing on statewide ballots was 68%.

• The organization Marsy’s Law for All advocates for Marsy’s Law constitutional amendments, stating that Marsy’s Law makes crime victims’ rights co-equal with criminal defendants’ rights in state constitutions. The ACLU of Wisconsin opposed the Marsy’s Law constitutional amendment, saying victims’ rights and defendants rights are not legally equivalent. Whereas defendants rights are rights against the state, according to the ACLU, victims’ rights are rights against an individual.

• Ballotpedia identified $113.2 million in total contributions to the support campaigns for the 14 Marsy's Law ballot measures. Henry Nicholas and the organization Marsy's Law for All provided 91%—about 103.2 million—of the total contributions.

Idaho becomes latest state to restrict out-of-state travelers due to coronavirus 

• On April 15, Gov. Brad Little (R) issued a travel restriction that requires out-of-state visitors to self-quarantine for 14 days. The travel restriction was included in an extension to Idaho’s stay home order. The order was set to expire on April 15 and was extended to April 30.

  • The travel restriction exempts workers engaged in essential activities.

• The last state after Idaho to issue a travel restriction was Utah, on April 8. Visitors to Utah are required to complete a travel declaration within three hours of entering the state. 

• So far, 19 governors or state agencies have issued orders placing restrictions on out-of-state visitors. 

Wisconsin reports results from April 7 municipal elections

• Although Wisconsin held spring elections for municipal, county, and judicial offices on April 7, results from those elections were not released until April 13 due to court orders made regarding the coronavirus outbreak.

• Milwaukee held elections for mayor, city attorney, city comptroller, city treasurer, and all 15 common council members. 

  • Mayor Tom Barrett won re-election with 62.5% of the vote.

  • City Treasurer Spencer Coggs won re-election with 66.8% of the vote.

  • The city comptroller seat was open and saw Aycha Sawa defeat Jason Fields with 50.4% of the vote.

  • City Attorney Grant Langley was defeated by challenger Tearman Spencer, receiving 38.6%  of the vote to Spencer’s 61.1%.

  • Thirteen common council members were on the general election ballot. Eight faced challengers, and none were defeated. 

• Madison held a special election for the District 8 alderperson after Avra Reddy resigned from the Common Council on September 30, 2019. Max Prestigiacomo was the only candidate to file for the seat and won without opposition.

• Dane County held elections for all 37 county board supervisors and a circuit court judgeship. 

  • Twenty-six supervisors sought re-election. Two incumbents were opposed on the general ballot, and neither lost their bids for re-election. 

  • Dane County Circuit Court Judge William Hanrahan was unopposed for re-election. 

• Milwaukee County held elections for county executive, county comptroller, all 18 county board supervisors, and eight circuit court judgeships. 

  • The county executive seat was open and saw State Rep. David Crowley (D) defeat State Sen. Chris Larson (D) with 51.8% of the vote. 

  • County Comptroller Scott Manske won re-election without opposition. 

  • Thirteen county board supervisors were on the general election ballot, and all were unopposed in their bids for re-election. 

  • All eight circuit court judges sought re-election. Two judges faced challengers, and both were defeated. Judge Paul Dedinsky lost with 41.2% of the vote, and Judge Daniel Gabler lost with 29.1% of the vote.

• Milwaukee County and Milwaukee Public Schools voters also decided local ballot measures: a nonbinding advisory question concerning statewide redistricting and a revenue limit increase measure.

Six states extend court closures due to coronavirus outbreak 

• Six state courts, including Delaware, issued extensions to their prior orders on April 14 restricting in-person proceedings and suspending jury trials. The Idaho Supreme Court extended restrictions on in-person proceedings through April 22, and suspended jury trials through June 1. In Kentucky, in-person proceedings and jury trials are suspended through May 31. In Maine, certain in-person proceedings, such as eviction cases and small claims, are suspended through May 1, while jury trials are postponed through May 29. The Washington Supreme Court extended its restrictions on in-person proceedings and suspension of jury trials through May 4. Maryland Court of Appeals Chief Justice Mary Ellen Barera ordered all courts closed to the public through June 5.  

• Delaware Chief Justice Collins Seitz Jr. extended court closures in the state through May 14, except for Delaware’s three Justice of the Peace courts. The three 24-hour courts will remain open to accept bail payments for all courts and Justice of the Peace Court emergency criminal and civil filings. More courts are issuing extensions to their prior orders, moving their original dates to reopen to late April, May, June, or in some cases, such as in South Carolina, until further notice. 

• So far 20 state courts have issued orders extending their prior orders at least once. 

Pennsylvania among states to temporarily releases prison inmates due to the coronavirus pandemic

• Pennsylvania Gov. Tom Wolf (D) issued temporary reprieves for the first group of Pennsylvania state inmates who qualified under criteria established through Wolf’s April 10 order. Inmates considered for release under Wolf’s order are nonviolent inmates due to be released within the next nine months, or vulnerable inmates who are within 12 months of their release date. The inmates would return to prison upon the expiration of the disaster emergency to serve the remainder of their sentences.

• Two other states, Illinois and New Jersey, announced that some inmates would be released on a temporary basis. On April 7, Illinois Gov. J.B. signed an order that allowed the Illinois Department of Corrections to temporarily release "medically vulnerable" inmates as long as the governor's disaster proclamation was in effect. In New Jersey, Gov. Phil Murphy (D)  issued an executive order that established a process for certain inmates to be released to temporary home confinement or to be granted parole due to coronavirus. Those qualified for release include low-risk incarcerated individuals vulnerable to the disease based on age and health status, and low-risk inmates who have been denied parole within the last year, or whose sentences are set to expire in the next three months

• So far, 31 states have authorized the release of inmates due to the coronavirus pandemic on either the state or local level.  Fourteen states have not released inmates due to the coronavirus pandemic. 

• On April 14, Oregon Gov. Kate Brown (D) announced that she would not release inmates due to the coronavirus pandemic. During a press conference, Brown stated that she was concerned about coronavirus in state prisons and that she had reviewed the Oregon Department of Corrections plan for containment. The governor said, "Whether an adult in custody should be released before the end of their sentence or not is a decision that must be weighed based on the individual merits of their situation...I want to be clear: at this time, I have no specific plans to abandon that case-by-case approach.

Virginia House of Delegates member diagnosed with COVID-19

• Delores McQuinn (D), a member of the Virginia House of Delegates representing District 70, announced she had tested positive for COVID-19, the disease caused by the novel coronavirus. 

  • McQuinn said her daughter, with whom she shares a house, first tested positive for the virus. Later, McQuinn and her husband came down with symptoms.

  • McQuinn has represented District 70 since 2009.

• Since the beginning of the pandemic, Ballotpedia has tracked 28 state officials diagnosed with coronavirus, and 66 state officials quarantined

  • 10 state senators have been diagnosed with coronavirus, and 51 have entered quarantine. No state senators have died as a result of the coronavirus. 

  • 18 state representatives have been diagnosed with coronavirus, and 17 have entered quarantine. Two state representatives have died as a result of the coronavirus.

Candidate filing period to end for state and judicial races in Michigan and Florida 

• The major party filing deadline to run for elected office in Michigan is April 21. In Michigan, prospective candidates may file for the following state offices:

  • State Board of Education (2 seats)

  • University of Michigan Board of Regents (2 seats)

  • Michigan State University Board of Trustees (2 seats)

  • Wayne State University Board of Governors (2 seats)

  • Michigan House of Representatives (all 110 seats)

  • Michigan House of Representatives District 4 special election

• Ballotpedia is also covering local elections in Wayne County.

• The primary is scheduled for August 4, 2020, and the general election is scheduled for November 3, 2020.

• Meanwhile, the filing deadline to run for certain local judicial offices in Florida is on April 24. Ballotpedia is covering local elections in the following areas:

  • Orange County: Public Defender and State Attorney

  • Jacksonville: 4th Circuit Court judges (12 seats) and Duval County Court judges (5 seats) 

• In 2020, Florida will also hold retention elections for one seat on the Florida Supreme Court and 23 seats on the Florida District Court of Appeals.

• The primary is scheduled for August 18, 2020, while the general election is scheduled for November 3, 2020.

• The filing deadline to run for state legislative offices in Florida is June 12, 2020.

• Michigan and Florida’s statewide filing deadlines are the 35th and 36th to take place in the 2020 election cycle.

Ballot Measures Update

2020:

• Seventy-six statewide measures in 31 states have been certified for the 2020 ballot so far.

  • Eighteen of the certified measures are citizen-initiated measures. Fifty-seven are legislative referrals. One is an automatic constitutional revision commission question.

  • Three measures were on the March 3 ballot, one was on the April 7 ballot in Wisconsin, two measures are on the July 14 ballot in Maine, and the remaining 70 are on the November ballot.

  • On April 7, Wisconsin voters approved a Marsy’s Law Amendment, making Wisconsin the 13th state to do so.

  • Two new measures were certified for the 2020 ballot last week, both constitutional amendments approved for the ballot by the Kentucky State Legislature: 

    • One measure is a Marsy’s Law measure that would add specific rights of crime victims, together known as Marsy's Law, to the state Constitution. Kentucky voters approved a Marsy's Law amendment in 2018 with 63 percent of the vote, but it was overturned in KACDL v. Grimes and Board of Elections. The Kentucky Supreme Court ruled that the ballot language did not provide enough information to voters, making the Marsy's Law constitutional amendment invalid.

    • The other would make the following changes to judicial office terms and requirements:

      • Increase terms of circuit court clerks and commonwealth's attorneys from six years to eight years starting in 2030;

      • Increase terms of county attorneys and district judges from four years to eight years starting in 2022; and

      • change attorney licensing requirements for district attorneys from two years to eight years beginning in 2022.

  • Proponents of four additional ballot initiatives in California, Colorado, and Michigan submitted signatures, which are pending verification by state officials.

Special Elections

• So far this year, 42 state legislative special elections have been scheduled in 20 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:

May 12

• California State Senate District 28

May 19

• Massachusetts State Senate 2nd Hampden & Hampshire District

• Massachusetts State Senate Plymouth & Barnstable District

States in Session

Nine states—Arkansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania, and Vermont—are in regular session. 

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