Today's Brew highlights the jurisdictions allowing electronic signature-gathering in 2020 + two versions of a MS medical marijuana ballot measure
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Welcome to the Monday, April 20, Brew. Here’s what’s in store for you as you start your day:
* New Jersey allows electronic signatures for candidate filing in response to coronavirus
* Mississippi voters to see two versions of a medical marijuana measure in November
* SCOTUS releases teleconference schedule for May sitting
_ 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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** NEW JERSEY ALLOWS ELECTRONIC SIGNATURES FOR CANDIDATE FILING IN RESPONSE TO CORONAVIRUS
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New Jersey Gov. Phil Murphy (D) issued two executive orders allowing 2020 primary and general election candidates to gather nominating petition signatures electronically in response to the coronavirus pandemic.
SO FAR, NEW JERSEY IS THE ONLY STATE TO CHANGE ITS RULES TO ALLOW ELECTRONIC SIGNATURE-GATHERING DUE TO THE CORONAVIRUS. Most states require campaigns to collect what are typically called wet signatures, or those made with pen and paper. AT LEAST THREE VOTING JURISDICTIONS already allowed candidates to gather petition signatures electronically heading into the 2020 elections:
* ARIZONA voters may sign nominating petitions for federal, statewide, and state legislative candidates from home or anywhere with internet access using the E-Qual platform. The platform may not be used to gather signatures for ballot measures.
* WASHINGTON, D.C. and DENVER, COLORADO allow petition circulators to use mobile devices on which they can collect digitized signatures in person through the eSign app.
We’ve heard in our discussion groups from candidates in Virginia and Texas expressing interest at pursuing these changes in their states. If you're a candidate interested in joining our group, send me an email.
Details on each voting jurisdiction's petition signature rules are below.
** ARIZONA
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In 2012, Arizona implemented the E-Qual electronic nominating petition-signing platform. As of this year, the platform is available for use by federal, statewide, and state legislative candidates.
** DENVER, COLORADO
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In 2015, Denver introduced eSign, a petition-signing application used for candidate nominating petitions. The city stated that this was the first electronic petition app of its kind in the nation. Petition circulators use the app on a mobile device, which voters sign using a stylus or other marking device.
** WASHINGTON, D.C.
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As part of the Fiscal Year 2017 Budget Support Act of 2016, the Council of the District of Columbia amended the district's election code ordering the Board of Elections to "make a mobile application available to all candidates, qualified petition circulators, and proposers to install on a mobile device registered with the Board" for the 2018 general election and all subsequent elections. Washington, D.C. began using the eSign petition-signing app in January 2018.
Ballot access requirements, including signature requirements, vary by state and by level of office. See the link below for detailed information on ballot access requirements for different levels of office by state.
Here are some other notable coronavirus-related updates since Friday's _Brew_:
* House Minority Leader Kevin McCarthy (R-Calif.) announced he had named Rep. French Hill (R-Ark.) to the five-member congressional panel overseeing the implementation of the third coronavirus relief package. Hill is the second member named to the group so far. Senate Minority Leader Chuck Schumer (D-N.Y.) selected Bharat Ramamurti last week. Still remaining to be picked are nominees by Speaker Nancy Pelosi (D-Calif.) and Senate Majority Mitch McConnell (R-Ky.) Pelosi and McConnell must also jointly pick the panel’s fifth member.
* Indiana Gov. Eric Holcomb (R) extended the state’s stay-at-home order from April 20 to May 1.
* Mississippi Gov. Tate Reeves (R) extended the state’s stay-at-home order from April 20 to April 27.
* New Hampshire Gov. Chris Sununu (R) closed schools for the remainder of the academic year. Prior to the announcement, schools had been closed through May 1.
* New Jersey Gov. Phil Murphy (D) announced that schools would be closed until at least May 15. Prior to the announcement, schools had been under an indefinite closure since March 18.
* Ohio Gov. Mike DeWine authorized the release of 105 inmates who were near the end of their sentences. The releases were approved by Ohio's Correctional Institution Inspection Committee.
* Texas Gov. Greg Abbott (R) closed schools for the remainder of the academic year. Prior to the announcement, schools were closed through May 4.
* Wisconsin Gov. Tony Evers (D) closed schools for the remainder of the academic year. Prior to the announcement, schools were closed through April 23.
* Los Angeles County announced a new plan to subsidize rent and expand tenant protection using emergency funding due to coronavirus.
Learn more ([link removed])
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** MISSISSIPPI VOTERS TO SEE TWO VERSIONS OF A MEDICAL MARIJUANA MEASURE IN NOVEMBER
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Initiative 65 and Alternative 65A, two versions of a medical marijuana amendment, will appear on the Mississippi ballot November 3.
Initiative 65 and Alternative 65A would both amend the Mississippi Constitution to provide for the establishment of a medical marijuana program for individuals with a debilitating medical condition.
* Under INITIATIVE 65, medical marijuana could be recommended for patients with at least one of the 22 specified qualifying conditions including cancer, epilepsy or seizures, Parkinson's disease, post-traumatic stress disorder (PTSD), Crohn’s disease, HIV, and more. Patients could possess up to 2.5 ounces of medical marijuana at one time. Smoking marijuana would be prohibited in public places. Marijuana sales under Initiative 65 would be taxed at the state's sales tax rate, which is 7% as of 2020.
* ALTERNATIVE 65A does not specify qualifying conditions, possession limits, or a tax rate, leaving these and other details to be set by the state legislature. Alternative 65A would restrict the ability to smoke marijuana to terminally ill patients. It would require marijuana products to be produced by state-licensed manufacturers at a pharmaceutical grade. It would also require licensed physicians, nurses, and pharmacists to oversee treatment and patients to be enrolled in a registry.
* The ballot language will consist of two questions. The first asks voters if they want to pass "either" version or "neither" version. The second asks voters which measure they prefer. Voters who choose "either" in the first question must answer the second for their ballots to be valid. Voters who answer "neither" can but do not need to answer the second question. If there are more votes for "either" than for "neither" in the first question, the version that receives majority approval in the second question is enacted, provided it receives approval from at least 40% of the ballots cast at the election.
The Medical Marijuana 2020 campaign sponsored Initiative 65 and it was placed on the ballot through a citizen initiative signature petition.
In March 2020, the state legislature voted to refer Alternative 65 to the ballot alongside Initiative 65. ALTERNATIVE 65 WAS APPROVED BY 89% OF REPUBLICANS IN THE STATE LEGISLATURE, WHILE 87% OF DEMOCRATS VOTED AGAINST IT.
Mississippi Rep. Trey Lamar (R) said Initiative 65 "is not a simple medical marijuana program. It is designed to flood the market with marijuana that will lead to the state having recreational marijuana." Lamar said Alternative 65A would place more restrictions on marijuana use.
Mississippi House Democrats said in a press release that Alternative 65A "is designed to confuse voters by placing a similar initiative on November's ballot to dilute the vote to legalize medical marijuana. ... The sole intention of [Alternative 65A] is to mislead and confuse voters and kill a measure for which the majority of Mississippians are in favor."
THIS IS THE SECOND TIME IN MISSISSIPPI'S HISTORY THAT THE STATE LEGISLATURE HAS USED THE STATE'S UNIQUE PROCESS FOR ALTERNATIVE VERSIONS OF CITIZEN INITIATIVES. The first time was in 2015 ([link removed])) for an initiative concerning free public schools. Both versions of the measure failed.
THIRTY-THREE STATES AND WASHINGTON, D.C. HAVE LEGALIZED OR DECRIMINALIZED MEDICAL MARIJUANA. Additionally, 13 states have legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. Also set to appear on the 2020 ballot is a recreational marijuana legalization amendment in New Jersey that would legalize the possession and use of marijuana for persons age 21 and older and legalize the cultivation, processing, and sale of retail marijuana. In November, South Dakota will become the first state to vote on separate measures that would legalize recreational marijuana and establish a medical marijuana program at the same election.
Fourteen measures appeared on the statewide ballot in Mississippi from 1995 to 2018. Voters approved seven of the measures and defeated six. One measure was not formatted as a yes or no question; rather, the measure asked voters to select a preferred flag for the state of Mississippi.
Learn more→ ([link removed]))
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** SCOTUS RELEASES TELECONFERENCE SCHEDULE FOR MAY SITTING
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The U.S. Supreme Court released its May argument calendar for the 2019-2020 term. The court will hear the arguments via telephone conference and they will be live-streamed to the public. THIS WILL BE THE FIRST TIME IN THE COURT’S HISTORY IT HAS HEARD ORAL ARGUMENTS VIA TELECONFERENCE AND LIVE-STREAMED THE AUDIO.
The court will hear 10 hours of oral argument in 13 cases between May 4 and May 13. The cases were originally scheduled for the court's March and April sittings. Those sittings were postponed ([link removed]) "in keeping with public health precautions recommended in response to COVID-19." The court has been closed to the public indefinitely since March 12.
The court agreed to hear 73 cases during its 2019-2020 term. Thirteen of those cases have not yet been scheduled. As of April 16, the court has issued decisions in 20 cases. Between 2007 and 2018, SCOTUS released opinions in 850 cases, averaging between 70 and 90 cases per year.
Click the link below to view the full case lineup.
Learn more→ ([link removed])
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