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Welcome to the Wednesday, April 22, Brew. Here’s what’s in store for you as you start your day:
- Oklahoma Governor Stitt (R) sets earlier election date for Medicaid expansion question
- Coronavirus update: Six states have announced relaxation or expiration of stay-at-home orders
- Filing deadline roundup
Updates on stories related to the coronavirus outbreak are current through Tuesday afternoon. Click here for the latest news.
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Oklahoma Governor Stitt (R) sets earlier election date for Medicaid expansion question
Oklahoma Gov. Kevin Stitt (R) declared April 17 that State Question 802, which would expand Medicaid, will appear on the June 30 primary ballot instead of the November 3 general election ballot.
Initiatives in Oklahoma are generally placed on the next general election ballot following signature verification, but the governor has the authority to call a special election or place the measure on the primary ballot. In 2018, Governor Mary Fallin (R) placed State Question 788, the medical marijuana initiative, on the June primary ballot. Before 2018, a governor had not selected a date different from the general election for an initiative since 2005.
State Question 802 would expand Medicaid in Oklahoma under the Affordable Care Act (ACA), also known as Obamacare. It would provide Medicaid coverage for certain low-income adults between 18 and 65 with incomes at or below 133% of the federal poverty level (FPL). For 2020, the FPL is $12,490 for individuals and $25,750 for a family of four. Because the ACA includes a 5% income disregard, this measure would effectively expand Medicaid to those with incomes at or below 138% of the federal poverty level.
Oklahomans Decide Healthcare is leading the campaign in support of the initiative. Oklahomans Decide Healthcare said,
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Expanding Medicaid will [make] our families healthier and our economy stronger. It will deliver healthcare to those who need it, including many parents, seniors, and hardworking folks who earn less than $17,000 a year. It will also bring more than a billion of our tax dollars home from Washington, D.C. every year to create jobs, boost our economy, and keep our rural hospitals open.
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State Question 802 is supported by the Oklahoma Hospital Association, State Medical Association, Osteopathic Association, and Nurses Association.
A spokeswoman for Governor Stitt said,
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If SQ 802 passes, our state agencies will experience deep cuts, because the ballot measure offers no mechanism to pay for it. The governor does not support this unfunded mandate.
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The Oklahoma Council of Public Affairs—which filed a petition challenging the legality of the measure—said,
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Oklahoma would be obligated to provide medical assistance to adults at or below 138% of the federal poverty level regardless whether Congress continues to pay a large portion of the costs. Congress would dictate how much money actually leaves Oklahoma’s treasury...The Oklahoma Legislature would merely be a conduit to finance the federal government’s policy decisions.
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In 2012, the U.S. Supreme Court ruled in NFIB v. Sebelius that the federal government could not withhold funds from states that refused to expand Medicaid. The ruling had the practical effect of making Medicaid expansion optional for states. In 2018, the federal government financed 94% of the costs of state Medicaid expansion. For 2020 and subsequent years, the federal government was set to cover 90% of the costs.
In November 2018, voters in Idaho, Montana, Nebraska, and Utah decided ballot initiatives on Medicaid expansion and funding for expanded Medicaid coverage. The Montana measure was defeated, and the others were approved. In January 2018, voters in Oregon approved Measure 101, effectively upholding 2017 legislation to provide funding for the state's portion of costs for expanded Medicaid coverage through a tax on healthcare insurance and the revenue of certain hospitals. In 2017, voters in Maine approved the first citizen initiative used to implement an optional provision of Obamacare.
Medicaid is a government program that provides medical insurance to low-income and disabled individuals. The ACA, which was enacted in March 2010, provided for the expansion of Medicaid to cover all individuals earning incomes up to 138% of the federal poverty level. Thirty-six states and Washington, D.C., have expanded or voted to expand Medicaid.
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Coronavirus update: Six states have announced relaxation or expiration of stay-at-home orders
Since the coronavirus pandemic began affecting America's political and civic life, we’ve been covering various federal, state, and local policy responses, including states that have issued stay-at-home orders. California Gov. Gavin Newsom (D) issued the first state order March 19. Governors in 43 states issued shelter-in-place, closure, or shutdown orders over the course of and in response to the coronavirus pandemic.
Governors in several states have announced their stay-at-home orders will expire as planned, or that they will allow some businesses to begin reopening.
- Colorado Gov. Jared Polis (D) announced he would not extend the state's stay-at-home order, which is set to expire on April 26. He said he still encouraged residents to practice social distancing and vulnerable populations to exercise caution.
- Georgia Gov. Brian Kemp (R) announced that fitness and hygiene businesses may reopen beginning April 24, followed by restaurants and theaters on April 27. Bars and nightclubs will remain closed. The state has had a stay-at-home order since April 3 that is scheduled to end April 30.
- South Carolina Gov. Henry McMaster (R) announced that nonessential retail businesses closed as part of his stay-at-home order would be allowed to reopen starting Monday. This includes department stores, sporting goods stores, and book, music, shoe, and craft stores, among others. The state has had a stay at home order since April 7 that does not have a specific end date.
- Tennessee Gov. Bill Lee (R) announced he would not extend the state's stay-at-home order, which is set to expire on April 30. He said this means most businesses would be allowed to reopen on May 1. Lee said, “these businesses will open according to specific guidance that we will provide in accordance with state and national experts in both medicine and business.”
- Texas Gov. Greg Abbott (R) announced three executive orders to begin the process of reopening the state's economy. One order allows for product pickup at retail stores curbside, another order will allow a limited amount of nonessential surgeries at hospitals, and the third order will allow state parks to reopen, though visitors will be required to wear masks and maintain social distancing. Abbott issued a stay-at-home order effective April 2 that is set to expire April 30.
- West Virginia Gov. Jim Justice (R) signed an executive order allowing hospitals to resume elective procedures after a state official reviews each hospital. The state has been under a stay-at-home order since March 24 that continues indefinitely.
Here are some other notable coronavirus-related updates since Tuesday's Brew:
- Fort Worth, Texas, Mayor Betsy Price announced her decision to self-quarantine after coming into contact with someone who tested positive for the virus. She said she had not experienced any symptoms.
- Kentucky Gov. Andy Beshear (D) and Ohio Gov. Mike DeWine (R) announced that schools in their respective states would not reopen for in-person instruction for the remainder of the academic year. Prior to the announcement, schools were closed through May 1.
- The Iowa Department of Corrections announced that they were processing the early release of an additional 428 inmates.
- Massachusetts Gov. Charlie Baker (R) signed legislation that placed a moratorium on evictions and foreclosures in the state.
- The New Jersey Supreme Court ordered that all court proceedings should continue to be conducted remotely using video or phone as much as possible.
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Filing deadline roundup
There were no candidate filing deadlines last week. Two states have filing deadlines this week for certain candidates.
Michigan's primary filing deadline was postponed from April 21 to May 8 for offices that require nominating petitions and do not have the option to pay a filing fee for ballot access. Judge Terrence Berg of the United States District Court for the Eastern District of Michigan issued an order reducing by half the number of signatures required for a primary candidate to get on the ballot. He also directed election officials to develop procedures allowing for the collection and submission of electronic petition signatures. Berg was appointed in 2012 by President Barack Obama (D).
State legislative offices were exempt from Berg’s order because candidates seeking those offices can pay a filing fee instead of collecting signatures. The filing deadline for those offices was yesterday—April 21.
The congressional and state executive offices up for election this year and subject to Judge Berg’s order include the U.S. Senate seat currently held by Gary Peters (D), all of the state's 14 U.S. House districts, two seats each on the boards of Michigan State University, Wayne State University, the University of Michigan and the state Board of Education, and 11 Michigan Court of Appeals justices.
The filing deadline for congressional and judicial candidates in Florida is Friday—April 24. This includes candidates for each of the state's 27 U.S. House districts and circuit and county court judgeships that are up for election. This deadline also applies to one state Supreme Court and 23 Florida District Courts of Appeal justices who are up for retention election. The filing deadline for state legislative candidates in Florida is June 12.
Twelve states have changed the rules and procedures regarding candidate filing in response to the coronavirus. This includes authorizing the electronic filing of signatures and campaign qualifying documents, postponing candidate filing deadlines, or reducing the number of signatures needed to qualify for the ballot.
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