1. Elections preview
2. Looking at the states reopening
3. Georgia Supreme Court rules secretary of state cannot be compelled to hold an election

Elections preview

It feels like Super Tuesday—March 3—both just happened and also was years ago. Such are the emotions of living during this coronavirus outbreak and social distancing.

On that day, 19,049,849 voters participated in primaries. Once coronavirus hit, a number of states delayed their primaries. Many of those states pushed their dates to June 2, which is now just two weeks away. Twelve states are holding elections, including presidential primaries in seven states and Washington, D.C. After June 2, just eight presidential primaries will remain.

Here is a breakdown of the coverage we’ll be bringing you:

• Presidential primaries in seven states and Washington, D.C.:
  • Indiana
  • Maryland
  • Montana
  • New Mexico
  • Pennsylvania 
  • Rhode Island
  • South Dakota

• Primary elections for 1,011 offices in 12 states and Washington, D.C.
• 18 battleground primaries in seven states:
  • Iowa
  • Pennsylvania
  • Montana
  • New Mexico
  • Maryland
  • Indiana
  • South Dakota

But let’s not forget about today’s primary elections. Oregon voters will decide presidential, congressional, and statewide primaries. We’re also covering:

• Eight local elections in Virginia
• Two Massachusetts state Senate special elections
• One local recall election in Arizona

We’ll have coverage of all these races on our website at Ballotpedia.org as well as a results summary in Thursday’s Brew.

Learn more

       

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Looking at the states reopening

Below is a selection of the states either reopening today or whose stay-at-home orders are expiring. A more complete listing can be found in Monday’s edition of our Documenting America's Path to Recovery newsletter, or you can click here to check out our page on state reopening plans. Want to receive a daily summary tracking and analyzing state and local plans for recovery? Click here to subscribe to our daily Documenting America's Path to Recovery newsletter.

• New York Gov. Andrew Cuomo (D) announced that a sixth region, Western New York, met the state’s criteria to enter Phase One of New York’s reopening plan. Effective May 19, the following businesses are able to reopen: construction, manufacturing, and wholesale supply chains, agriculture, forestry, and fishing can resume, and retail stores can open for curbside pickup.  Cuomo announced that elective surgeries could resume in two counties, Suffolk and Westchester, effective Saturday, May 16.  He also announced that horse racing could resume, without fans, on June 1. In a May 18 news conference, Cuomo announced that he’s asked major league sports teams to start planning to reopen or to begin seasons without fans. While stadiums must remain closed to fans, Cuomo said games can still be televised.
• Arizona Gov. Doug Ducey (R) released guidelines on cleaning and social distancing for casinos and movie theaters in the state to reopen. According to ABC15, several casinos opened May 15, while major theater chains are expecting to reopen in June or July. 
• In Kansas, the following businesses were allowed to open May 18: personal service businesses by appointment only (e.g., nail salons, barbershops, and tattoo parlors), gyms, and fitness centers. Gatherings of more than 10 individuals remain prohibited. 
• In Kentucky, government offices could reopen May 18. Occupational capacity of government buildings was capped at 33%. No more than 50% of a building's workforce could be in the building at one time. The Department of Education released initial guidance for schools and districts on reopening to in-person instruction this fall. The 16-page document outlined potential start dates for schools ranging from July to October and included guidelines for employee training, contacting tracing, and preparedness for sudden closures.
• Massachusetts Gov. Charlie Baker (R) announced that the state's stay-at-home order would be allowed to expire on May 18. It was replaced with a "Safer at Home" order, which advised residents to stay home unless performing essential or newly permitted activities. Baker also announced the implementation of Phase 1 of the state's reopening plan. Effective May 18, the following businesses were allowed to reopen: manufacturing facilities; construction sites; places of worship; and hospitals and community health centers (to resume high-priority preventative care, pediatric care, and treatment for high-risk patients).

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

• New Jersey Gov. Phil Murphy (D) issued an executive order calling for all elections taking place on July 7 be conducted largely by mail. All registered, active Democratic and Republican voters will automatically receive mail-in ballots. Unaffiliated and inactive voters will receive mail-in ballot applications automatically.
• Colorado Governor Jared Polis (D) signed an executive order allowing initiative petition signatures to be gathered through the mail and email once rules are finalized by the secretary of state. The rules are expected by early June.
• The Kentucky Department of Education released initial guidance for schools and districts on reopening to in-person instruction this fall. The 16-page document outlined potential start dates for schools ranging from July to October and included guidelines for employee training, contact tracing, and preparedness for sudden closures.
• Michigan Gov. Gretchen Whitmer (D) announced the formation of the Return to Learning Advisory Council. The group will make recommendations to the COVID-19 Task Force on Education on returning the state to in-person instruction in the fall.
• Alaska Gov. Mike Dunleavy (R) extended travel restrictions on out-of-state travelers and residents returning to the state through June 2. Visitors are required to complete a travel declaration and self-quarantine for 14 days. The restrictions had been set to expire on May 19.
• Vermont Gov. Phil Scott (R) signed a bill that placed a moratorium on evictions and foreclosures in the state for the duration of the coronavirus pandemic.

Georgia Supreme Court rules secretary of state cannot be compelled to hold an election

In March, I wrote in the Brew about a Georgia Supreme Court case where two candidates were challenging the cancellation of a regularly scheduled election for a seat on the state Supreme Court. I find the story particularly interesting because it highlights the boundaries of judicial authority between the court and the secretary of state.

Here’s an update:

On May 14, the Georgia Supreme Court ruled that Secretary of State Brad Raffensperger (R) could not be compelled to hold the election.

How we got here:

An election for Georgia Supreme Court Justice Keith Blackwell’s seat had been scheduled for June 9, but it was canceled after Blackwell announced on Feb. 28 he was retiring effective Nov. 18, 2020. At that time, the state supreme court announced that Gov. Brian Kemp (R) would appoint Blackwell's replacement.

Former Rep. John Barrow (D) and former state Rep. Beth Beskin (R), who had both planned on running for Blackwell's seat, filed separate lawsuits asking the Fulton County Superior Court to order Raffensperger to put the election back on the calendar. On March 16, Judge Emily Richardson denied Barrow's and Beskin's petitions, holding the secretary of state was not "under a statutory legal duty to hold qualifications for Justice Blackwell’s seat."

Barrow and Beskin then appealed Judge Richardson's ruling. The appeal was transferred to the Georgia Supreme Court and granted an expedited review.

On May 14, the court ruled 6-2 that the governor may appoint a successor and that the secretary of state could not be compelled to hold an election. Presiding Justice David Nahmias wrote for the majority, "Even if Justice Blackwell’s office is not vacant yet, if his accepted resignation will undoubtedly create a vacancy in his office on November 18, his term of office will go with him, and the next six-year term of his office that would begin on January 1, 2021, will never exist."

Blackwell's seat will be filled using assisted appointment, where the governor chooses an appointee from a list of candidates compiled by the Georgia Judicial Nominating Commission (JNC). Blackwell's replacement will be Gov. Kemp's second nominee to the nine-member supreme court.

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