State Politics: The Week in Review

Ballot Measures Update

• Eighty statewide measures in 31 states have been certified for the 2020 ballot so far.
  • Nineteen of the certified measures are citizen-initiated measures. Sixty-one 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 74 are on the November ballot.
  • Proponents of seven additional ballot initiatives in California, Colorado, Michigan, and Missouri submitted signatures, which are pending verification by state officials.

Monday, May 18th

Texas ends quarantine requirement for incoming travelers, Hawaii extends its own

• Gov. David Ige (D) signed an emergency proclamation extending the 14-day quarantine requirement for travelers arriving in Hawaii through June 30. The order applies to out-of-state travelers, as well as those traveling between islands. Essential workers are still required to self-quarantine but can break the quarantine to perform essential functions, so long as they follow social distancing guidelines and wear appropriate protective equipment. 
  • Ige first issued the order to self-quarantine on March 17. At the time, he asked travelers to postpone trips to Hawaii for 30 days.  
  • Visitors in quarantine can only leave their hotel rooms for medical care. Police departments in multiple counties have arrested tourists who have violated the quarantine order over the last few weeks.
• As states begin reopening, some governors have ended restrictions on out-of-state travelers. On Thursday, May 21, Texas Gov. Greg Abbott (R) ended a quarantine requirement that applied to travelers from several states and cities with high coronavirus infection rates, joining other states, such as Arizona, Idaho, and Wyoming, that have recently ended their travel restrictions.
• On May 15, Alaska Gov. Mike Dunleavy (R) extended the state’s travel restrictions through June 2. The order was originally issued March 11, and went into effect March 25.

Five states lift stay-at-home orders

• This week, stay-at-home orders ended in five states: Minnesota (May 17), Massachusetts (May 18), Ohio (May 19), Connecticut (May 20), and North Carolina (May 22). Stay-at-home orders have ended in 28 states in total, ten of which have Democratic governors and 18 of which have Republican governors. Of the remaining 15 states with active stay-at-home orders, 14 have Democratic governors and one has a Republican governor.
• Seven states—Arkansas, Iowa, Nebraska, North Dakota, South Dakota, Utah, and Wyoming—did not issue stay-at-home orders. All seven of those states have Republican governors.

Three states lift business restrictions imposed during pandemic

• Three states—Massachusetts, New Jersey, and Connecticut—began the process of reopening their economies this week. Massachusetts has a Republican governor while Connecticut and New Jersey have Democratic governors. 
• Connecticut entered phase one of its reopening on May 20. This first phase of reopening included museums and zooms, offices, restaurants, and retailers. Phase two will take effect on June 20, and phase three will take effect at least four weeks later.
• Massachusetts began phase one of its reopening on 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).
• New Jersey Gov. Phil Murphy (D) signed an executive order on May 17 allowing the following businesses to reopen on May 18: nonessential retail stores (for curbside pick up only), nonessential construction (with social distancing measures), drive-through and drive-in events, including church services and drive-in movies (people must remain in their vehicles).

Tuesday, May 19th

Balmer wins re-election to Oregon Supreme Court, Democratic secretary of state primary too close to call

• The statewide primary for Oregon was held on May 19, 2020. Candidates competed to advance to the general election scheduled for November 3, 2020. Due to Oregon’s vote-by-mail system, vote totals are continuing to be reported.
• Candidates ran in elections for the following offices: 
  • Secretary of State, Treasurer, and Attorney General
    • Secretary of State: Incumbent Bev Clarno (R) did not file for re-election. Kim Thatcher (R) advanced from the Republican primary to the general election. The Democratic primary remained too close to call based on the unofficial results as of May 21. The candidates on the ballot included Shemia Fagan, Mark Hass, and Jamie McLeod-Skinner.
    • Treasurer: Incumbent Tobias Read (D) and Jeff Gudman (R) advanced from the primary to the general election.
    • Attorney General: Incumbent Ellen Rosenblum (D) and Michael Cross (R) advanced from the primary to the general election.
  • Sixteen seats in the Oregon State Senate
    • Each incumbent who filed for re-election advanced from the primary to the general election. In Districts 18, 21, 22, and 23 no Republican candidates filed in the primary election. All Democratic primaries saw at least one candidate file and advance to the general.
  • All 60 seats in the Oregon House of Representatives
    • Each incumbent who filed for re-election advanced from the primary to the general election. In Districts 34, 42, 43, 45, 46, and 48 no Republican candidates filed in the primary election. All Democratic primaries saw at least one candidate file and advance to the general.
  • Three Oregon Supreme Court justices
    • Position 1: Position 1: Incumbent Thomas Balmer won re-election outright in the nonpartisan primary after winning 71.5% of the vote. He defeated Van Pounds.
    • Position 4: Incumbent Chris Garrett was the only candidate to file in the primary. The election was canceled, and Garrett automatically advanced to the general election.
    • Position 7: Incumbent Martha L. Walters was the only candidate to file in the primary. The election was canceled, and Walters automatically advanced to the general election.
  • Four Oregon Court of Appeals justices
    • Position 1: Position 1: Incumbent Josephine H. Mooney was the only candidate to file in the nonpartisan primary. The election was canceled, and Mooney automatically advanced to the general election.
    • Position 9 (special election): Incumbent Jacqueline Kamins was the only candidate to file in the primary. The election was canceled, and Kamins automatically advanced to the general election.
    • Position 11: This race remained too close to call based on the unofficial results as of May 21. The primary race included incumbent Joel S. DeVore and Kyle Krohn.
    • Position 12: Incumbent Erin C. Lagesen was the only candidate to file in the primary. The election was canceled, and Lagesen automatically advanced to the general election.
    • Position 13: Incumbent Douglas L. Tookey was the only candidate to file in the primary. The election was canceled, and Tookey automatically advanced to the general election.
• Ballotpedia is also covering local elections in the following areas:
  • Portland 
    • The primary election for mayor could not be called based on the unofficial results as of May 21. 
  • Multnomah County
    • The primary election for Multnomah County Commission Districts 1, 3, and 4 could not be called based on the unofficial results as of May 21. 
• Oregon exclusively uses a vote-by-mail system. Voters may return their ballots to the office of the county clerk by mail or in person. Because of this system, there is no need for explicit absentee or early voting procedures.
• Oregon’s primary was the 10th statewide primary to take place in the 2020 election cycle. The next statewide primaries will be held on June 2 in the following states:
  • Idaho
  • Indiana
  • Iowa
  • Maryland
  • Montana
  • New Mexico
  • Pennsylvania
  • South Dakota

Two states allow eviction and foreclosure proceedings to resume, Vermont places moratorium on evictions

• Effective  May 19, an order from the Texas Supreme Court allowed eviction proceedings in the State of Texas were allowed to resume. The court first halted eviction proceedings from March 19 to April 19, and then again through May 18.  
• Evictions and foreclosure proceedings in the state of South Carolina resumed on May 15, following an April 30 order from South Carolina Supreme Court Chief Justice Donald Beatty. Those who qualify for assistance through the federal CARES Act are under a moratorium through August 23.  Beatty first suspended eviction proceedings in the state on March 17, first through May 1, and then again through May 15. 
• On May 15, Vermont Gov. Phil Scott (R) signed a bill from the Vermont legislature which placed a moratorium on evictions and foreclosures in the state for the duration of the coronavirus pandemic. 

Michigan announces all voters to receive mail-in ballot applications for 2020 primary, general elections

• Michigan Secretary of State Jocelyn Benson (D) announced that all registered voters in the August 4 primary and November 3 general election would receive mail-in ballot applications automatically. 
• To date, 12 states that have opted to deliver absentee/mail-in ballot applications automatically to all voters in certain elections: Connecticut, Delaware, Georgia, Idaho, Iowa, Michigan, Nebraska, New York, North Dakota, Rhode Island, South Dakota, and West Virginia. 
• Another five states have chosen to deliver the actual absentee/mail-in ballots automatically to all voters in certain elections: California, Maryland, Montana, Nevada, and New Jersey. 

Federal judge rules Ohio must accept electronic signatures, extend signature deadline for initiative campaigns

• On May 19, U.S. District Judge Edmund A. Sargus ordered Ohio to accept electronic signatures from the campaigns sponsoring the Minimum Wage Increase Initiative and the Voting Requirements Initiative. The judge also extended the signature deadline from July 1 to July 31. The judge’s order only applies to the ballot measure campaigns that sued the state, including several local marijuana decriminalization initiative campaigns.
• On March 30, 2020, Ohioans for Raise the Wage and Ohioans for Secure and Fair Elections filed a lawsuit in the Franklin County Court of Common Pleas asking for the July 1 signature deadline to be extended, the number of signatures required to be reduced, and permission to gather signatures online. On April 28, Judge David C. Young dismissed the case arguing that since the petition requirements for initiatives are in the Ohio Constitution "the ability to change those requirements is reserved only to the people." He added that there is no exception for public health emergencies. Following the case dismissal, the campaigns brought their case to the federal court.
• U.S. District Judge Sargus argued in his opinion that "these unique historical circumstances of a global pandemic and the impact of Ohio's Stay-at-Home Orders, the State's strict enforcement of the signature requirements for local initiatives and constitutional amendments severely burden Plaintiff's First Amendment rights." The ruling did not change the number of signatures required or the state’s distribution requirement.
• Ohio filed an appeal of the ruling on May 20. If the decision is not reversed, Ohioans for Raise the Wage and Ohioans for Secure and Fair Elections have until July 31 to collect 443,958 valid signatures.
• The Minimum Wage Initiative would incrementally increase the state's minimum wage to $13 per hour by January 1, 2025. After 2025, the minimum wage would be tied to inflation. The first increase would be on January 1, 2021, to $9.60 per hour.
• The Voting Requirements Initiative would remove the requirement that voters must be registered 30 days prior to an election; require absentee ballots requested by military personnel or voters outside of the U.S. be sent 46 days before the election; automatically register citizens at motor vehicle departments unless the citizen refuses registration via a written statement; allow voter registration at polling locations; and require 28 days of early voting.
• Ballotpedia has identified 11 lawsuits in nine states seeking changes or suspensions of ballot measure requirements. The topics of the lawsuits include:
  • the number of signatures required,
  • notary requirements for remote signatures,
  • the ability to collect signatures electronically, and
  • the extension of signature deadlines.
• Before March 2020, no states allowed the use of electronic signatures or remote signature gathering for statewide initiative and referendum petitions. 
• On April 29, 2020, Massachusetts became the first state to allow campaigns to collect electronic signatures for statewide citizen-initiatives for the 2020 cycle after four campaigns filed a lawsuit and the secretary of the commonwealth agreed to a settlement.
• Colorado Governor Jared Polis (D) signed an executive order on May 17 that authorized the Colorado Secretary of State to establish temporary rules allowing for remote petition signature gathering. The rules are expected to be finalized by the Secretary of State in early June. The order removed the signature witness requirement and individual initiative signature deadlines of six months after ballot language finalization and instead required that signatures for all initiatives are due by August 3, 2020.
• The Washington, D.C., Council passed a bill on May 5 that allowed remote signature gathering for initiative campaigns through email.
• On May 13, 2020, the Arizona Supreme Court rejected a request made by four ballot initiative campaigns to allow them to gather signatures through E-Qual, which is the state’s online signature collection platform, during the coronavirus pandemic.
• On April 30, Missoula District Judge John Larson rejected a request by Montana ballot initiative petitioners to allow them to use electronic signatures. Judge Larson ruled that the State's "compelling interest in maintaining the integrity and security of its election process outweighs any burden on [the] Plaintiffs' constitutional rights."

Wednesday, May 20th

Illinois Supreme Court authorizes courts to resume normal operations in June, other state courts also lift restrictions

• On May 20, the Illinois Supreme Court issued an order authorizing courts to return to normal operations starting on June 1. Under the order, chief judges in each judicial circuit may implement plans specific to the county they serve. 
• Courts in other states have either lifted restrictions or announced expected dates for courts to begin returning to normal operation. Here are a few examples:  
  • On May 15, the Louisiana Supreme Court lifted restrictions on in-person proceedings and authorized courts to conduct those types of proceedings on all matters before the court. Jury trials remain suspended through June 30.
  • Maryland Court of Appeals Chief Justice Mary Ellen Barbera announced on May 2 that courts in the state are projected to reopen on June 8, though that date is not set in stone. Barbera said that courts will reopen in phases and courthouses will be required to incorporate social distancing measures. 
  • On May 6, the West Virginia Supreme Court issued an order and protocols regarding the resumption of operations. Under the order, in-person proceedings could resume on or after May 18. Grand jury proceedings may resume on or after June 15, and petit jury trials may resume on or after June 29. Protocols included the continued use of remote proceedings via video or teleconference where appropriate and required judicial offices and court spaces to be thoroughly disinfected prior to resuming operations.
  • The Pennsylvania Supreme Court issued an order on April 28 that allowed courts to open starting May 4.  Restrictions on in-person proceedings and the suspension of jury trials were extended through June 1. 

Thursday, May 21st

Alabama announces schools can open June 1 if meeting specific guidelines

• Alabama Gov. Kay Ivey (R) amended her safer-at-home order to specify that all schools in the state (including universities, colleges, trade schools, public schools, and private schools) could reopen beginning June 1. The schools will be required to follow social distancing and sanitation guidelines.
• Public schools in Alabama have been closed to in-person instruction since March 13. Ivey later extended that closure to the rest of the academic year on March 26. Across the country, 48 states closed schools to in-person instruction for the remainder of the 2019-2020 academic year. The only two states to not do so were Montana and Wyoming.

Special Elections

• Forty-three state legislative special elections have been scheduled in 20 states so far this year. Special elections have been held for 25 seats thus far. Heading into those races, Democrats had previously controlled 10 of the seats, while Republicans previously controlled 15. One seat flipped from Democratic control to Republican control, and three seats 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:
  • June 2
    • Massachusetts House of Representatives 3rd Bristol District
    • Massachusetts House of Representatives 37th Middlesex District
  • June 9
    • Georgia State Senate District 4
    • South Carolina House of Representatives District 115 (primary)

State Politics: What's On Tap Next Week

Friday, May 29th

Candidate filing period to end for state executive and legislative races in Vermont, Wyoming

• The statewide filing deadlines to run for state-level offices in Vermont and Wyoming are on May 28 and May 29, respectively.
• In Vermont, prospective candidates may file for the following state offices:
  • Governor
  • Lieutenant Governor
  • Secretary of State
  • Auditor
  • Attorney General
  • Treasurer
  • Vermont State Senate (30 seats)
  • Vermont House of Representatives (150 seats)
• In Wyoming, prospective candidates may file for the following state legislative offices:
  • Wyoming State Senate (15 seats)
  • Wyoming House of Representatives (60 seats)
• Wyoming is also holding retention elections for two state Supreme Court justices on November 3, 2020.
• Vermont’s primary is scheduled for August 11, and Wyoming’s primary is scheduled for August 18. The general elections in both states are scheduled for November 3, 2020.
• Vermont’s statewide filing deadline is the 39th and Wyoming’s deadline is the 40th to take place in the 2020 election cycle. The next statewide filing deadlines are on June 1 in Alaska, Kansas, and Wisconsin.
• Wyoming has a Republican state government trifecta. A trifecta exists when one political party simultaneously holds the governor’s office and majorities in both state legislative chambers. Vermont has a divided government where no party holds a trifecta.

States in Session

Fourteen states—Arizona, California, Hawaii, Illinois, Louisiana, Massachusetts, Michigan, Mississippi, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, and Vermont—are in regular session.

Local Politics: The Week in Review

• In 2020, Ballotpedia is providing comprehensive coverage of elections in America's 100 largest cities by population. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia is also covering all local recall elections as well as all local ballot measures in California.
  • 2020
    • April 28 - Ohio -- Voters in Cleveland, Cuyahoga County, Columbus, Toledo, and Hamilton County decided eight local ballot measures. Six were approved, and two are too close to call.
    • May 5 - California -- Local California voters in Blythe and four special districts within Contra Costa, Mendocino, Plumas, Riverside, and Sonoma counties decided five different local ballot measures: one sales tax measure and four parcel tax measures. Three were approved, and two were defeated.
    • May 12 - Nebraska -- Local Nebraska voters in Omaha, Lincoln, and the Millard Public Schools district approved five local ballot measures on May 12.
    • May 19 - Oregon -- Voters in the Portland Metro decided three measures:
      • a metro area income tax and business tax for homeless services, which was approved;
      • a gas tax renewal in the city of Portland, which was approved; and a $65 million bond issue for Centennial School District 28J, which is too close to call.