Welcome to the weekend! See what's on tap in state and local politics this week. Don't forget, you can go to the full version online by clicking the link below.

Read the full Tap online

       

Eight states extend stay-at-home orders, seven states end them

• Governors in eight states extended their state’s stay-at-home orders this week: Hawaii (May 31), Louisiana (May 15), Nevada (May 15), Maine (May 31), Florida (May 4), Arizona (May 15), Ohio (May 29), and Minnesota (May 19).

• In seven other states, stay-at-home orders were not extended beyond their expiration date. On April 27, Alaska and Mississippi’s stay-at-home orders expired. Similar orders expired on April 30 in Alabama, Hawaii, Idaho, Tennessee, and Texas.

• In total, 43 states have issued a stay-at-home order as a result of the coronavirus pandemic. All 19 states with Democratic governors issued a stay-at-home order, while 24 of the 31 states with Republican governors issued stay-at-home orders.

• Of the nine states that have allowed their stay-at-home orders to end, two (Colorado and Montana) have Democratic governors and the rest have Republican governors.

Voters decide Ohio’s rescheduled state legislative, judicial, and municipal primaries

• Ohio held a statewide primary on April 28, 2020. Originally scheduled for March 17, the election was postponed amid concerns of the coronavirus pandemic. The general election is November 3, 2020.

• The primary was held largely by mail. As of 1 p.m. EDT on May 1, the Secretary of State’s office reported that there were 244,061 outstanding absentee and provisional ballots statewide. The following information is based on the unofficial results reported at that time.

  • A total of 16 out of 33 seats on the Ohio State Senate are up for election in 2020. Five incumbents, all Republicans, were not on the ballot. Of the 11 officeholders to file for re-election, two are Democrats and nine are Republicans. District 14 Sen. Terry Johnson (R) was the only incumbent to face a primary challenger. No incumbents were defeated.

  • All 99 Ohio House of Representatives districts are up for election in 2020. Nineteen incumbents—five Democrats and 14 Republicans—were not on the ballot. Of the 80 incumbents to file for re-election, 33 are Democrats and 47 are Republicans. Thirteen incumbents faced primary challengers. District 43 Rep. Jeffrey Todd Smith (R) was the only incumbent to be defeated.

  • Two Ohio Supreme Court justices have terms expiring in 2020. In Ohio, judicial candidates stand for partisan primaries and nonpartisan general elections. Justices Judith French (R) and Sharon L. Kennedy (R) both filed for another term, facing no primary challengers. They both face Democratic challengers in the general election.

  • Twenty-one Ohio Court of Appeals justices have terms expiring in 2021. Sixteen justices filed for another term, eight Democrats and eight Republicans. Justice Matt Lynch (R) is challenging Justice Timothy Cannon (D) for Cannon’s seat; Lynch’s term does not expire until 2025. Six seats are open. All 16 incumbents advanced to the nonpartisan general election.

• Ballotpedia also covered elections for the following municipalities:

  • Cuyahoga County

  • Fairfield County

  • Franklin County

  • Hamilton County

  • Lucas County

New York announces schools will be closed to in-person instruction for remainder of academic year

• Gov. Andrew Cuomo (D) announced that schools in the state would remain closed to in-person instruction for the remainder of the academic year. Prior to the announcement, schools were scheduled to remain closed until May 15.

• So far, 44 states have closed schools to in-person instruction for the remainder of the academic year. Those states account for 93.4% of the 50.6 million public school students in the country.

• Of the six states that have not announced that schools will close in-person instruction for the remainder of the year, two have Democratic trifectas, two have Republican trifectas, and two have divided governments. 

Massachusetts ballot measure campaigns, secretary of state agree to state supreme court judgment allowing electronic signatures

• The four ballot initiative campaigns that are still able to qualify their measures for the 2020 ballots can collect the 13,374 additional signatures they each need electronically, according to a judgment by the Massachusetts Supreme Judicial Court. Secretary of the Commonwealth William Galvin (D) agreed to the judgment on Wednesday. The agreement allows the campaigns to provide petition sheets as PDF files online. Voters who wish to sign the petition can print it and email or mail the signed copy, or they can apply an electronic signature directly. A typed signature was not allowed by the judgment. The number of signatures required, which is set in the state constitution, was not adjusted by the judgment.

• On April 26, the campaigns sponsoring the Massachusetts "Right to Repair" Initiative, the Ranked-Choice Voting Initiative, the Nursing Homes Medicaid Ratemaking Initiative, and the Beer and Wine in Food Stores Initiative filed a joint lawsuit against Secretary Galvin requesting that electronic signature gathering could be used for the second round of signature required for initiated state statutes in Massachusetts.

• Petitioners argued, "Without immediate relief from this Court, Petitioners and all other ballot proponents similarly situated will face an unduly burdensome Catch-22: either risk their health and the health of voters to satisfy unjustifiable and unachievable ballot restrictions and participate in democracy or protect their health and give up their fundamental right to access the ballot."

• In Massachusetts, citizens may propose initiated state statutes and initiated constitutional amendments. The power of initiative is indirect in Massachusetts, which means the Massachusetts General Court must consider any initiative petitions that meet the first-round signature requirement (80,239 for 2020) and deadline. The deadline for the Massachusetts General Court to act on the petitions is May 5. If a statute proposed by a valid initiative petition is not adopted, proponents must collect by July 1 another smaller round of 13,347 signatures to place the statute on the ballot. Four initiative campaigns submitted enough signatures to qualify their measures for review by the state legislature.

• On April 17, the Massachusetts Supreme Judicial Court made changes to candidate nomination petition requirements. The ruling reduced the number of signatures needed by half, allowed some use of electronic signature gathering for certain offices, and extended the deadline to May 5 for candidates seeking to appear on the September 1 primary ballot. 

Forty states have implemented policies related to evictions or foreclosures on the state or local level due to COVID-19

• Since the beginning of the coronavirus pandemic, states have implemented a range of policies affecting evictions and foreclosures. So far, forty states have implemented these policies on either the state or local level. On the state level, the decision to suspend or modify evictions and foreclosures comes either from the governor, the state’s legislature, or the state’s highest court.

• In some states, a moratorium on evictions and foreclosures was built in as part of a state’s stay-at-home order. On April 25, 2020, Hawaii Gov. David Ige extended the state's stay-at-home order through May 31. As part of the order, the April 17 eviction moratorium, which prohibits evictions from residential properties for failure to pay rent due to the coronavirus pandemic, was also extended through May 31. Prior to the order, the eviction moratorium was set to expire April 30.  

• Mississippi Gov. Tate Reeves (R) issued executive order 1477 on April 24, part of which extended the suspension of evictions in the state through the end of the shelter in place order through May 11. The order directed all state, county, and local law enforcement to cease enforcement of evictions on residential property during the safer-at-home order. Prior to the order, the suspension on evictions was set to expire on April 24.

• Some governors issued executive orders suspending or modifying evictions and foreclosures in their states.  In Michigan, Gov. Gretchen Whitmer (D) extended her March 20 executive order on April 17 which temporarily suspended evictions for nonpayment through May 15.  On April 1, Oregon Gov. Kate Brown (D) signed an executive order which temporarily suspended certain evictions in response to the coronavirus pandemic. 

• Massachusetts Gov. Charlie Baker (R) signed a bill on April 20 passed by the state legislature that placed a moratorium on evictions and foreclosures in the state. The moratorium applies to residential and small commercial and is set to expire in 120 days or 45 days after the end of the state of emergency, whichever comes first. 

• On April 28, the Texas Supreme Court extended the moratorium on evictions in foreclosures in the state through May 18. Prior to the order, evictions and foreclosures were paused through April 19.  The Rhode Island State Judiciary issued an order on April 8 closing all courts to non-emergency matters through May 17. Eviction proceedings were included in the order, and the court precluded new filings or hearings from being heard before the court until May 17.

25 of 26 state appeals judges in Florida file to run for retention 

• State court justices in Florida had until April 24 to file to run for retention. The terms of 26 Florida state court justices—one supreme court justice and 25 appellate court justices—are set to expire in January 2021. The retention elections are scheduled for November 3.

• A retention election provides voters with the option to vote “Yes” in favor of keeping a certain judge on the bench or “No” to remove them from office. A judge must receive a majority of “Yes” votes in order to be retained. Both the supreme court and the appellate court justices are elected to six-year terms.

• Florida Supreme Court Judge Carlos Muñiz filed for retention. Gov. Ron DeSantis (R) appointed Muñiz to the seven-member court on January 22, 2019.

• Twenty-five of the 64 Florida District Courts of Appeal justices are up for retention in 2020, and all but one of them filed to run. Florida Third District Court of Appeal Judge Vance Salter did not file for retention. He was sworn into office on June 27, 2007, and will serve until his term ends on January 4, 2021.

• A total of 288 state court seats are up for election across the United States in 2020. Thirty-five states are holding state supreme court elections, and 82 of the nation’s 344 state supreme court seats are up for election. Thirty states are holding intermediate appellate court elections for 206 seats.

Courts continue to conduct proceedings virtually, require participants to use face masks due to coronavirus

• Since the beginning of the coronavirus pandemic, many state courts have moved proceedings that would usually be held in the courtroom virtually. According to the National Center for State Courts, 16 states have either mandated or urged the use of virtual hearings and 35 state courts have authorized the use of either video or phone conferences as a method of last resort for oral arguments.  

• This week, the Michigan Supreme Court extended its restrictions on in-person proceedings until further notice of the court. However, an April 7 order authorized judicial officers to conduct proceedings remotely, either in the courtroom or elsewhere, utilizing technology such as video and phone conferences.  On April 29, the Michigan Supreme Court issued an order allowing courts to collect contact information from any party or witness to a case to facilitate scheduling and participation in remote hearings or to facilitate case processing. 

• On April 20, the Georgia Supreme Court held oral arguments virtually for the first time in the court’s 175 year history. The New Jersey Supreme Court issued an order on April 24 allowing municipal courts in the state to resume individual sessions via video or phone only.  On March 26, the Mississippi Supreme Court suspended a criminal procedure rule that prohibited the use of interactive equipment for probation violation hearings and felony sentencing, allowing those types of hearings to be held virtually.  The New Mexico Supreme Court ordered all judges to conduct civil and criminal proceedings by video or teleconference, except in cases where an emergency in-person appearance is required. The Alaska Supreme Court ordered on March 24 that all civil and criminal proceedings be held via video or phone conference

• Many court buildings are still open to the public on a limited basis. Judicial branches in Connecticut, Delaware, and Vermont are now requiring the use of face masks for any person entering a court facility. 

Saleh appointed to city council in Jersey City, succeeds former councilman who died from coronavirus complications

• Members of the Jersey City City Council appointed Yousef Saleh to the council’s vacant Ward D seat by a 6-2 vote Thursday. Saleh, a compliance and regulation officer at J.P. Morgan who ran for Jersey City’s Board of Education in 2017 and 2018, replaces the late councilman Michael Yun. Yun died of complications related to COVID-19 on April 6. 

• Saleh will serve on the council until a special election for the seat takes place on November 3, 2020. The winner of the special election will serve the remainder of Yun’s term, which expires in December 2021. 

• Council positions in Jersey City are officially nonpartisan, as is the mayoral position, though city officials are often affiliated with a political party. 

• Ballotpedia covers municipal elections in the 100 largest U.S. cities by population. In 2020, we’re covering local elections in 33 states and Washington, DC. The most recent local elections took place in Ohio on April 28.

Watson resigns from Texas State Senate to become university official

• Sen. Kirk Watson (D) resigned from the Texas State Senate effective at midnight local time on April 30, ending his 13 years in the legislature. Watson stepped down from his seat to take a position as founding dean of the Hobby School of Public Affairs at the University of Houston.

• Watson’s political career also includes serving as the mayor of Austin, Texas from 1997 to 2005. He represented District 14 in the state Senate, which includes the city of Austin and the surrounding areas to the northwest and southeast.

• Texas law requires the governor to fill vacancies in the state legislature by special election. Gov. Greg Abbott (R) initially set the special election for the seat for May 2, but postponed the election to July 14 due to the coronavirus pandemic. 

• Texas has expanded absentee voting eligibility to individuals who claim disability related to concerns about COVID-19, the disease caused by the novel coronavirus. 

Thirty-seven states have ordered the release of inmates due to the coronavirus pandemic

• Thirty-seven states have ordered the permanent or temporary release of inmates due to the coronavirus pandemic on either the state or local level.

• Illinois published a list of 4,000 inmates on April 29 who have been released since March to reduce the inmate population in an effort to slow the spread of coronavirus in state prisons. Many of the inmates released had their sentences commuted or were granted a temporary medical furlough by either the governor or the Illinois Department of Corrections, per Gov. Pritzker’s April 7 order authorizing the temporary release of medically vulnerable inmates.

• Earlier in April, the Louisiana Department of Corrections created a review panel to consider the temporary medical release of certain inmate populations. State prison inmates considered for release had underlying health conditions, were convicted of nonviolent offenses excluding sex offenses, were set to be released within six months, and able to show proof of housing upon release. Inmates mostly being held in county jails were subject to the same criteria, except the requirement of an underlying health condition. These inmates must have already served at least six months of their sentence to be considered.  Louisiana Gov. John Bel Edward’s office announced that, as of April 30, 53 of the 249 inmates considered had been released.

• On April 29, the Virginia Department of Corrections announced 62 inmates have been released since the state’s early release program went into effect on April 22. The early release program prioritizes the release of nonviolent offenders with less than a year on their sentences.  The releases come after Virginia’s General Assembly approved an amendment by Gov. Ralph Northam (D), which allowed inmate releases to slow the spread of the virus.  Under the amendment, the Virginia Department of Corrections has the authority to release nonviolent inmates with a year or less left on their sentence through July 2021. 

• The New Jersey Department of Corrections announced on April 28 that 54 inmates have been placed in emergency medical-home confinement due to the coronavirus pandemic. The releases follow an April 10 order from Gov. Phil Murphy, who authorized the temporary release of certain inmates to slow the spread of the pandemic.

• On April 23, the Washington Supreme Court rejected an emergency petition seeking to compel Gov. Jay Inslee (D) to order the mass release of thousands of inmates. In a 5-4 decision, the court ruled that the plaintiffs in the case, which was filed by Columbia Legal Services, had not proved that the state failed in its duties to incarcerated individuals. The decision is not expected to affect current efforts the state is undertaking to release certain inmate populations in an effort to reduce the number of people incarcerated in Washington.  On April 22, officials in Washington announced that more than 300 inmates have been released to slow the spread of the disease in Washington state prisons.

Deadline to pass for Massachusetts candidates to file nomination petitions with local officials

• The local filing deadline to run for elected office in Massachusetts is on May 5. In Massachusetts, candidates must file their collected nomination signatures with local election entities four weeks before filing with the Secretary of the Commonwealth. In response to the coronavirus pandemic, the Massachusetts Supreme Judicial Court issued an order that reduced candidate petition signature requirements to 50% of their statutory requirements. 

• Prospective candidates may file for the following offices:

  • Governor’s Council (8 seats)

  • Massachusetts State Senate (40 seats)

  • Massachusetts House of Representatives (160 seats)

• The primary is scheduled for September 1, and the general election is scheduled for November 3. Candidates who filed with their local election entities must also file with the Secretary of the Commonwealth by June 2.

• Massachusetts’ statewide filing deadline is the 37th to take place in the 2020 election cycle. The next statewide filing deadline is on May 8 in Michigan. 

• Massachusetts has a divided government, and no political party holds a state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers.

Ballot Measures Update

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

  • Nineteen 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 measure was on the April 7 ballot in Wisconsin, one measure is on the June 30 ballot in Oklahoma, two measures are on the July 14 ballot in Maine, and the remaining 70 are on the November ballot.

  • No new measures were certified for the 2020 ballot last week.

  • 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, 43 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 56 seats were filled through special elections in each of the past five even years (2010: 30, 2012: 46, 2014: 40, 2016: 66, 2018: 99).

  • An average of 88 seats were filled through special elections in each of the past five odd years (2011: 95, 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

• Oregon State Senate District 10 (primary) 

States in session

Ballotpedia depends on the support of our readers.

The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.