1. Documenting America’s path to recovery
2. Massachusetts becomes the first state to allow electronic signatures for 2020 ballot initiative petitions
3. 2020 Federal Register page total tops 2019, 2018

Documenting America’s path to recovery

Here’s what’s reopening today:

• Washington is set to begin Phase 1 of Gov. Jay Inslee's (D) four-phase reopening plan today. It will allow for some outdoor recreation, such as golf, fishing, and hunting. Retail businesses will be allowed to open for curbside pickup. Drive-in spiritual services may resume with one household per vehicle. Washington is a Democratic trifecta.

Here’s what reopened yesterday:

• Arizona Gov. Doug Ducey's (R) April 29 executive order allowed nonessential retail businesses to open for curbside pickup. Arizona is a Republican trifecta.
• In Arkansas, gyms and fitness centers can reopen. Gov. Asa Hutchinson (R) said gyms must screen staff before work and require patrons to maintain a distance of 12 feet. Arkansas is a Republican trifecta.
• Florida Gov. Ron DeSantis' (R) April 29 executive order allowed restaurants, retail stores, libraries, and museums to open to 25% of their building occupancy under certain guidelines. The order also allowed elective medical procedures under certain conditions. These allowances did not apply to Broward, Miami-Dade, or Palm Beach counties. The state’s stay-at-home order expired Monday. Florida is a Republican trifecta.
• In Kansas, Phase 1 of Gov. Laura Kelly's (D) reopening plan began Monday, when most businesses can reopen if they adhere to certain guidelines. The following businesses were excluded: bars and nightclubs; casinos (non-tribal); theaters, museums, and other indoor leisure spaces; fitness centers and gyms; and nail salons, barbershops, and other personal service businesses. Kansas is under divided government, with a Democratic governor and Republican majorities in the state House and Senate.
• In Missouri, retail businesses can reopen their physical locations, provided the locations limit the number of persons to either 25% or less of maximum occupancy for buildings with a square footage of less than 10,000 sq. ft., or 10% or less of maximum occupancy for buildings with a square footage of 10,000 sq. ft. or more. Director of the Department of Health and Senior Services Randall W. Williams issued the order, which also allowed restaurants to resume dine-in services, provided they abide by social distancing guidelines. Missouri is a Republican trifecta.

Here are some other notable coronavirus-related updates since Monday's Brew:

• Georgia Supreme Court Chief Justice Harold D. Melton announced that restrictions on in-person proceedings and the suspension of jury trials would be extended through June 12.  Under the order, courts will be encouraged to develop plans for resuming nonessential court operations that can be conducted through video or phone conferencing or by maintaining social distancing measures. The order also urges judges to use technology for conducting remote proceedings as an alternative to in-person. Ten states are set to lift restrictions on in-person court proceedings in the next two weeks. Six states have already lifted them.
• New Jersey Gov. Phil Murphy (D) announced that schools would be closed to in-person instruction for the remainder of the academic year. The order applies to both public and private schools. Private schools with longer school years must remain closed through June 30. Forty-six states have now closed for in-person instruction for the remainder of the academic year.
• North Dakota Gov. Doug Burgum (R) 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 in the state had been closed to in-person instruction indefinitely since March 16.
• South Carolina’s stay-at-home order became voluntary rather than mandatory. Gov. Henry McMaster’s office issued a press release stating, “[T]he statewide ‘Work-or-Home’ order will be lifted and returned to voluntary status on Monday, May 4th…[B]eginning on May 4th, restaurants throughout South Carolina may provide outdoor customer dining service in addition to existing take out, curbside, and delivery services.” The order first became effective on April 7 and was announced to last indefinitely.

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Massachusetts becomes the first state to allow electronic signatures for 2020 ballot initiative petitions

On April 29, four ballot initiative campaigns in Massachusetts and Secretary of State William Galvin (D) agreed to a resolution allowing the campaigns to gather a second round of 13,347 signatures electronically. In doing so, Massachusetts became the first state to allow electronic signatures for a 2020 ballot initiative petition.

The resolution allows campaigns to distribute petitions online. Voters can then electronically sign or print them and mail or email back to the respective campaign.

The resolution followed an April 26 joint lawsuit the four campaigns filed against Secretary Galvin asking the Massachusetts Supreme Judicial Court to allow the campaigns to gather the second round of signatures electronically. They cited health concerns due to the coronavirus pandemic.

Massachusetts Supreme Judicial Court Justice Barbara Lenk issued the judgment. She also determined that typed names would not be considered valid signatures: “Voters who wish to sign the Form online shall apply an electronic signature with a computer mouse, stylus, or finger, in-person directly on the Form. A typewritten name, uploaded image, or computer-generated generic signature shall not be considered a genuine signature of a voter.”

The four campaigns are 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.

In Massachusetts, citizens may propose initiated state statutes and initiated constitutional amendments. The power of initiative is indirect, which means the Massachusetts General Court must consider any initiative petitions that meet the first-round signature deadline and requirement (80,239 for 2020). The deadline for the Massachusetts General Court to act on the petitions is today, May 5.

If a statute proposed by a valid initiative petition is not adopted, proponents must collect another smaller round of 13,347 signatures by July 1 to place the statute on the ballot. The four initiative campaigns submitted enough signatures to qualify their measures for review by the state legislature. The petitioners did not seek relief from the number of signatures required or the July 1 deadline since those requirements are determined by the state Constitution and cannot be abridged by a court.

Ballot initiative sponsors in Arkansas, Arizona, Colorado, Montana, Ohio, and Oklahoma have also filed lawsuits seeking relief from signature deadlines and requirements due to the coronavirus pandemic.

2020 Federal Register page total tops 2019, 2018

From April 27 to May 1, the Federal Register grew to a total of 26,318 pages—higher than the total in both 2019 and 2018 during the same time period.

The Federal Register reached 19,682 pages and 19,904 pages during the same time period in 2019 and 2018, respectively. As of May 1, the 2020 total led the 2019 total by 6,636 pages and the 2018 total by 6,414 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

Last week’s Federal Register featured the following 527 types of documents:

• 425 notices
• five presidential documents
• 49 proposed rules
• 48 final rules

Four final rules were deemed significant under E.O. 12866—meaning that they could have large impacts on the economy, environment, public health, or state or local governments. The rules concern military crime victims, vehicle fuel standards, federal electronic payments, and Transportation Safety Administration (TSA) employee training. Significant actions may also conflict with presidential priorities or other agency rules. The Trump administration in 2020 has issued 15 significant proposed rules and 24 significant final rules as of May 1.

Not all rules issued by the Trump administration are regulatory actions. Some rules are deregulatory actions pursuant to President Trump’s (R) Executive Order 13771, which requires federal agencies to eliminate two old significant regulations for each new significant regulation issued.

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. It organizes documents according to the following category titles:

• Notices include information about federal agency activities, such as announcements of upcoming public meetings, recent agency reports, updates to proposed rules, or requests for public comments.
• Presidential documents include proclamations and announcements from the Executive Office of the President.
• Proposed rules are potential new agency regulations.

Final rules are the publication of proposed rules. This category may also include responses to agency requests for information, temporary final rules, or temporary deviations from regulations.

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