1. Coronavirus update: Tracking which state legislatures are in session
2. Breaking down state legislative special elections from 2010 to 2019
3. Filing deadline roundup

Coronavirus update: Tracking which state legislatures are in session

Ballotpedia is regularly tracking government responses to the COVID-19 pandemic. Today we are revisiting the status of state legislative sessions.

Five states have reconvened their legislative sessions after previously suspending their sessions due to the coronavirus outbreak. Here is a summary of where all 50 state legislatures currently stand:

• Twenty-three state legislatures suspended their sessions with five of those having reconvened.
• Nineteen legislatures have either adjourned or are not scheduled to be in regular session this year.
• Five state legislatures are in regular session (without having suspended their sessions in response to the outbreak). 
• Three state legislatures—Michigan, Utah, and Wisconsin—are in special session.

The legislatures in three states—Alabama, California, and Oklahoma—reconvened on May 4. The New Hampshire General Court has suspended legislative activity indefinitely. The suspension was previously set to expire on May 4. The Rhode Island State Legislature extended its suspension through May 8. The legislature has been extending the suspension on a weekly basis since April 3.

The way state legislatures are conducting business has changed due to the coronavirus outbreak. For example, the North Carolina General Assembly reconvened last week to consider spending plans for $3.5 billion allocated to the state from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. Both chambers unanimously approved a $1.57 relief package May 2 that was signed by Gov. Roy Cooper (D) on Monday. North Carolina currently is under divided government, with a Democratic governor and Republican majorities in both Houses of the state legislature.

The News & Observer described the session this way, “It was a session like no other in history — many lawmakers wore masks and rotated in and out of floor sessions to maintain distancing or used voting by proxy. Only lawmakers, staff and credentialed press were allowed in the Legislative Building, and everyone had their temperature taken as they came inside.”

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

• ICYMI, Monday’s Daily Coronavirus Briefing newsletter featured a quote from an article in the November 6, 1918, edition of the Cleveland Plain Dealer. The article discussed how quiet election night was due to the influenza pandemic of 1918: 
• “Darkest night, pierced only by lame street lights and far-scattered horns.  A quiet stream of pedestrians and automobiles, moving east and west or stopping on side streets to wait for news.
  
  Such was election night. Someone dared recall the nights of torchlight parades, when red flares and drums aided shouts and blows in expressing partisan fervor.  Though tourchlights fell from favor, horns were still ‘aces high’ when election night last came around.  Memories of hilarious hands of young men, older men and old men--even girls and women joining them--parading the streets with banners and blatant horns, prompted search for such troops last night.” 
• Vice President Mike Pence (R) told reporters the White House was considering winding down its coronavirus task force in May or June. Pence has overseen the task force since January. According to Pence, task force responsibilities could be transferred to other federal agencies.
• Connecticut Gov. Ned Lamont (D) announced that schools in the state would remain closed to in-person instruction for the remainder of the 2019-2020 academic year. Before the announcement, schools in the state were closed to in-person instruction through May 20.
• Mississippi Gov. Tate Reeves (R) announced that restaurants, bars, and outdoor recreational facilities in the state would be permitted to reopen effective May 7. Restaurants and bars must close no later than 10:00 p.m. and must adhere to social distancing and other guidelines. Outdoor recreational facilities can operate from 9:00 a.m. through 7:00 p.m. and are also subject to social distancing guidelines.
• U.S. District Judge William Bertelsman ruled against a portion of the travel restrictions enacted by Kentucky Gov. Andy Beshear (D). The court found the restrictions, which limited the reasons residents of Kentucky could leave the state, infringed on the right to engage in interstate travel. Bertelsman was appointed in 1979 by President Jimmy Carter (D) and is currently serving on senior status.
• The Chief Justice of the Florida Supreme Court issued a new emergency order extending the suspension of jury trials through July 2. The order also increases the number of proceedings that will be conducted remotely, including non-jury trials, hearings in juvenile delinquency cases, and pretrial conferences. For first-degree murder cases, only preliminary hearings are suspended through July 2.

Learn more

       

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Breaking down state legislative special elections from 2010 to 2019

Our elections team has analyzed data from all the state legislative special elections that were held last decade, and I couldn’t wait to share some of the breakdowns of the data with you here in the Brew.

A total of 723 state legislative special elections took place from 2010 to 2019 in 31 states. The following states held the most special elections during that period:

• Georgia: 63
• Pennsylvania: 43
• New York: 42
• Louisiana: 40
• Massachusetts: 40
• Connecticut: 37
• Mississippi: 36
• Virginia: 34
• Texas: 32
• California: 31
• South Carolina: 31

Here are five more facts regarding state legislative special elections held from 2010 to 2019:

• The largest number of special elections in a given year during this period was 2018 when 99 special elections were held. The year with the fewest special elections was 2010, in which 30 were held. 
• Georgia held the most special elections in a single year with 12 in 2015. New York and Georgia held 11 special elections in 2018 and 2011, respectively.
• Ninety-seven state legislative seats changed partisan control in special elections from 2010 to 2019. Democrats flipped 52 seats, Republicans flipped 39 seats, and independent and third-party candidates flipped six seats. 
• The year with the largest number of flipped seats was 2017 when 17 seats changed partisan control. Fourteen Republican-held seats flipped to Democratic control and three Democratic-held seats flipped to Republican control
• The state with the largest number of flipped seats during this period is New Hampshire, which had 10 seats change parties. Four states—Connecticut, Massachusetts, New York, and Oklahoma—are tied for second with seven flipped seats each.

So far this year, 43 state legislative special elections have been scheduled in 20 states, with 22 of those elections having taken place so far. One Democratic-held seat has flipped to Republican control and a Republican-held seat flipped to Democratic control.

Filing deadline roundup

Five states have filing deadlines for candidates for at least some offices in May. There are two candidate filing deadlines this week—in Massachusetts and Michigan.

Massachusetts

The filing deadline to run for elected office was yesterday—May 5. Candidates must file their collected nomination signatures with local election entities four weeks before filing them 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.

The following offices are up for election this year in the Bay State:

• the U.S. Senate seat currently held by Edward Markey (D)
• all nine U.S. House districts
• all eight seats on the Governor's Council, which is a state executive advisory board that advises the governor on appointments, warrants for the state treasury, pardons, and commutations.
• all 40 seats in the state Senate
• all 160 Massachusetts House of Representatives districts

Michigan

The statewide filing deadline to run for congressional offices is Friday—May 8. The filing period was originally set to end on April 21, but a court order extended the deadline in response to the coronavirus pandemic.

To qualify under the extended May 8 deadline, congressional candidates must have filed a statement of organization with the Federal Election Commission or formed a candidate committee under Michigan state law on or before March 10. The court’s order also permits candidates to collect and submit signatures electronically and reduces the required number of signatures by half.

At the congressional level, Michigan voters will elect a member of the U.S. Senate (the seat is currently held by Gary Peters (D) and representatives for all 14 U.S. House districts.

After Michigan, the next candidate filing deadline is on May 15 in Washington.

Ballot Measures

Two signature deadlines for ballot measures passed last week—in Missouri and Idaho.

The signature deadline for citizen initiatives in Idaho passed on May 1 with no campaigns submitting signatures. Petitioners needed to gather 55,057 valid signatures, which is equal to 6 percent of the number of registered voters as of the state's last general election. Three ballot initiatives were cleared for signature gathering by the Idaho Secretary of State. Due to the coronavirus pandemic, all three campaigns announced that they were suspending their signature drives prior to the signature deadline.

A group sponsoring the Missouri Medicaid Expansion Initiative was the only campaign targeting the 2020 ballot to submit signatures in that state by the May 3 deadline. Petitioners needed to collect at least 160,199 valid signatures for initiated constitutional amendments and at least 100,126 valid signatures for initiated state statutes and veto referendums.

The next signature deadline for ballot measures is in Michigan on May 27.

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