1. Sixteen states currently have no statewide limits on indoor gatherings
2. 11,715 candidates have filed to run for state legislative seats
3. FEC loses quorum once again after commissioner’s resignation

Sixteen states currently have no statewide limits on indoor gatherings

As a result of the coronavirus pandemic, states implemented restrictions on individual behavior and curtailed or closed businesses. In yesterday’s edition of our daily Documenting America's Path to Recovery newsletter, we highlighted the indoor gathering size limit in each state. Here’s a brief breakdown. 

• 16 states have no statewide indoor gathering size limit. Twelve of those states have Republican governors and four have Democratic governors.

• 11 states have a limit between 1 and 25. Eight of those states have Democratic governors and three of those states have Republican governors.

• 14 states have a limit between 26 and 50. Nine of those states have Democratic governors and five of those states have Republican governors.

• Three states have a limit between 51 and 100. Two of those states have Republican governors and the other state has a Democratic governor.

• Six states have limits greater than 100. Four of those states have Republican governors and two of those states have Democratic governors. 

To stay informed regarding the plans for recovery by states and localities, click here to subscribe to our Documenting newsletter and get each day’s edition sent directly to your inbox.

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11,715 candidates have filed to run for state legislative seats 

On November 3, voters will decide 5,875 state legislative seats—1,164 state senate seats and 4,711 state house seats—across 86 chambers in 44 states. In the 41 states where we have complete data comparing 2020 to 2018, the total number of candidates is 1% lower in 2020. Among major party candidates, 5% fewer Democrats and 3% more Republicans have filed.

Here are three more facts about the numbers of candidates who have filed:

• There are fewer open seats in 2020 than in 2018. In 2020, 847 major party incumbents (15% of seats up for election) are not running for re-election, compared to 1,027 major party incumbents (19%) in 2018. This represents a 17.5% decrease in the number of open seats.

• So far in 2020, 973 major party incumbents face primary challengers. In 2018, 884 major party incumbents faced primary challenges. In 2018, 86% of incumbents in these states won their primaries.

• Overall, there are fewer contested state legislative primaries in 2020 than in 2018, with 1,813 and 1,928, respectively. These totals include all competitive partisan, top-two, and nonpartisan primaries.

FEC loses quorum once again after commissioner’s resignation

The Federal Election Commission (FEC) is down to having three members after former chair Caroline Hunter (R) resigned from the commission July 3. The six-member body requires four members to form a quorum, which is the number of active commissioners needed for the FEC to formally conduct business. Under the Federal Election Campaign Act, a quorum is required for the agency to promulgate rules, issue advisory opinions, and decide enforcement actions.

In her resignation letter to President Trump (R), Hunter wrote, "The FEC would benefit greatly from new faces and fresh perspectives.” She also stated that “Congress established the FEC to prevent single-party control, with every significant decision requiring bipartisan approval." The current members of the FEC are Republican chair Trey Trainor, independent vice chair Steven Walther, and Democratic member Ellen Weintraub. Three positions are unfilled. 

The Senate confirmed Trainor on May 19. Before that, the FEC only had three members after Matthew Petersen (R) resigned on August 31, 2019. Vacancies created by the resignations of commissioners Ann Ravel (D) in February 2017 and Lee Goodman (R) in February 2018 have yet to be filled. 

After Hunter announced her resignation on June 26, Trump nominated Allen Dickerson—the current legal director of the Free Speech Institute—to the commission. If the Senate confirms Dickerson, the FEC will return to having four members.

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