From Dave Beaudoin <[email protected]>
Subject Ballotpedia's Daily Brew: Looking at which states are lifting court restrictions
Date April 29, 2020 9:35 AM
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Today's Brew summarizes the states beginning to lift state or local court restrictions + a look at Congress’ plans to reconvene
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Welcome to the Wednesday, April 29, Brew. Here’s what’s in store for you as you start your day:

* Coronavirus update: Looking at which states are lifting court restrictions
* Senate to reconvene on May 4, House cancels plans to return
* 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: LOOKING AT WHICH STATES ARE LIFTING COURT RESTRICTIONS
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The Supreme Court of the United States will get back to hearing cases on May 4. The cases will be hard by phone for the first time in its history. The coronavirus pandemic has affected judicial activity at all levels of government.

Late last week, the New Jersey Supreme Court issued an order allowing municipal courts to resume individual sessions via video or phone only. This is one in a series of changes occurring as courts begin to lift restrictions. All 50 states have seen some element of court activity halted. THIRTY-FOUR STATES HAVE SUSPENDED IN-PERSON PROCEEDINGS ON THE STATE LEVEL AND 16 STATES HAVE SUSPENDED IN-PERSON PROCEEDINGS ON THE LOCAL LEVEL. A number of those orders are set to expire in late April or May.

TWENTY-TWO STATES HAVE ANNOUNCED PLANS TO LIFT RESTRICTIONS ON IN-PERSON PROCEEDINGS AND/OR JURY TRIALS IN THE NEXT 30 DAYS. Alabama will be the first on April 30 ([link removed]) . Michigan’s suspension of in-person proceedings is set to expire April 30. As of Tuesday, the state had extended its suspension of jury trials through June 22 but their order ([link removed]) did not specify whether the extension applied to in-person proceedings as well. The two states’ respective supreme courts are responsible for lifting the restrictions.

In most states, the state’s highest court decides whether to restrict in-person proceedings and suspend jury trials on either the state or local level—either the state supreme court, or, in states like New York and Maryland, the state court of appeals. Some state supreme courts, such as those in Illinois, Georgia, and Texas, are allowing local courts to decide how to handle court operations during the coronavirus pandemic. In most states, district courts, circuit courts, and municipal courts are closed.

Here are some other notable coronavirus-related updates since Tuesday's _Brew_:

* Texas Gov. Greg Abbott (R) announced he would not extend the state’s stay-at-home order, which expires April 30. Abbott said retail stores, malls, restaurants, and theaters will be allowed to reopen at 25% capacity beginning on May 1. The text of the order ([link removed]) says that it supersedes all local orders. Abbott also announced that, as part of the state’s reopening plan, travelers from Louisiana would no longer have to self-quarantine for 14-days.
* Alabama Gov. Kay Ivey (R) announced the state would transition to a “Safer At Home” order on April 30 at 5:00 p.m. The new order will allow certain businesses to reopen and will be effective through May 15.
* In Illinois, Clay County Circuit Court Judge Michael McHaney granted a restraining order ([link removed]) temporarily blocking Gov. J.B. Pritzker’s (D) 30-day extension of the state’s stay-at-home order. The restraining order was issued in the case of Bailey v. Pritzker, a lawsuit filed last week by state Rep. Darren Bailey (R). Pritzker said he would appeal the ruling. According to CBS News Chicago ([link removed]) , the restraining order only applies to Bailey, meaning only he does not have to follow the stay-at-home order extension. McHaney’s order does, however, create an opportunity for other residents to join in the lawsuit, or file their own.

Learn more ([link removed])

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** SENATE TO RECONVENE ON MAY 4, HOUSE CANCELS PLANS TO RETURN
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House Majority Leader Steny Hoyer (D-Md.) announced in a Democratic caucus call Monday that the chamber would return to session on May 4, but canceled those plans Tuesday. Hoyer said he and House Speaker Nancy Pelosi (D-Ca.) changed the House’s plans to return to session after the House physician recommended against it.

The House had planned to join their colleagues in the U.S. Senate, who were already scheduled to return on May 4. Senate Majority Leader Mitch McConnell (R-Ky.) confirmed the Senate’s return, saying, “We’re going to take whatever safeguards the Capitol physician recommends that we engage in and we believe we can do that safely.”

Both chambers of Congress took an extended recess due to the coronavirus pandemic, with the House adjourning in-person proceedings after March 13 and the Senate after March 26. House members returned to the Capitol twice during recess—once on March 27 and again on April 23—to vote on emergency legislation related to the pandemic.

The House no longer has a definite return date. Hoyer said they will reconvene to vote on the next piece of legislation regarding the pandemic. Both chambers are scheduled to adjourn for the Memorial Day recess on May 21 and 22. Washington, D.C., is under a stay-at-home order effective through May 15.

Turning to state legislatures, Alabama, Illinois, Iowa, and Rhode Island—all of which were tentatively scheduled to resume sessions this week—have extended their suspensions. SO FAR, 24 STATE LEGISLATURES HAVE SUSPENDED THEIR SESSIONS.

Four of those states have since reconvened:

* Arkansas (Republican majorities in both the House and Senate)
* Minnesota (Republican majority in the Senate; Democratic majority in the House)
* Missouri (Republican majorities in both the House and Senate)
* Vermont (Democratic majorities in both the House and Senate)

Three state legislatures are in regular session:

* Massachusetts (Democratic majorities in both the House and Senate)
* New Jersey (Democratic majorities in both the House and Senate)
* Pennsylvania (Republican majorities in both the House and Senate)

Four state legislatures are in special session:

* Michigan (Republican majorities in both the House and Senate)
* Oklahoma (Republican majorities in both the House and Senate)
* Utah (Republican majorities in both the House and Senate)
* Wisconsin (Republican majorities in both the House and Senate)

The remaining 19 legislatures have either adjourned or are not scheduled to be in regular session.


Learn more→ ([link removed])
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** FILING DEADLINE ROUNDUP
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The filing deadline for local candidates in Massachusetts is May 5, and Michigan’s deadline for offices hat require nominating petitions is May 8. These will be the 37th and 38th candidate filing deadlines to pass this year. The next statewide filing deadline is May 15 for Washington.


** MASSACHUSETTS ([link removed])
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Local offices on the ballot include Suffolk County ([link removed])) commissioners, treasurer, and register of the probate.


** MICHIGAN ([link removed])
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Voters will select candidates for those offices that require nominating petitions, including:

* One member of the U.S. Senate
* Fourteen U.S. House members
* Eight state executive offices
* All 110 state House seats

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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