Good morning!

Read on for this weekend's edition of the top stories in federal politics, and for a full review of the week, plus a look ahead, remember to click the button below and launch the full edition.

Read the full Tap online

       

Voters to decide congressional primaries, runoffs in Alabama, Maine, Texas

• Maine’s statewide primary election takes place on July 14. The filing deadline to run passed on March 16 of this year. Candidates are running in elections for the following offices: 

  • One member of the U.S. Senate

  • Two members of the U.S. House of Representatives

• Candidates are competing to advance to the general election scheduled for November 3. Maine uses a ranked-choice voting system (RCV), in which voters rank candidates by preference on their ballots. A candidate who wins a majority of first-preference votes is declared the winner.  If no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated. First-preference votes cast for the failed candidate are then redistributed to the second-preference choices indicated on those ballots. A new tally then determines whether any candidate has won a majority of the adjusted votes. The process repeats until a candidate wins an outright majority. As of July 2020, Maine was the only state that had adopted RCV at the state level, although other states have adopted RCV at the municipal level or have adopted RCV but not yet implemented it.

• Alabama and Texas are holding statewide primary runoffs on July 14. In both states, if no candidate wins a majority of votes, the top two candidates advance to the primary runoff election. Primary elections in Alabama and Texas took place on March 3.

• Eight offices advanced to primary runoffs in Alabama, including races for U.S. Senate and U.S. House.
  
  In Texas, seventy-four offices advanced to primary runoffs, including races for the U.S. Senate and U.S. House.

• Ballotpedia has identified two of the congressional elections as battleground races.

• Jeff Sessions and Tommy Tuberville are running in the Republican primary runoff election for the U.S. Senate from Alabama to face incumbent Doug Jones (D) in the general election. 

  • Sessions held this Senate seat for 20 years before President Trump appointed him as U.S. attorney general in 2017. Following Sessions' departure, former Alabama Gov. Robert Bentley (R) appointed Alabama Attorney General Luther Strange (R) to the seat until a special election was held later that year. Jones won the Democratic primary and went on to defeat former Alabama Supreme Court Justice Roy Moore in the general election by 1.7 percentage points.

  • Sessions received endorsements from several U.S. senators, the National Immigration and Customs Enforcement Council, and the National Rifle Association Political Victory Fund. President Trump  endorsed Tuberville, a former college football coach, on March 10. FarmPAC—the political action committee of the Alabama Farmers Federation—and the Club for Growth PAC also endorsed him.

  • Three election forecasters currently each rate the general election differently: Toss-up, Lean Republican, and Likely Republican. Jones was the first Democrat to win a Senate seat in Alabama since 1992. Roll Call listed him as the most vulnerable senator up for re-election in 2020. Trump won Alabama by 28 percentage points in the 2016 presidential election

• M.J. Hegar and Royce West are running in the Democratic primary runoff for U.S. Senate in Texas to face three-term incumbent Sen. John Cornyn (R) in the general election. 

  • Hegar, a former search and rescue and medevac pilot with the U.S. Army, ran for Texas’ 31st Congressional District in 2018. She lost to incumbent John Carter (R) 51% to 48%. Hegar's endorsers include the Democratic Senatorial Campaign Committee, End Citizens United, Sen. Elizabeth Warren (D-Mass.), and Rep. Veronica Escobar (D-Texas).

  • West has served in the Texas State Senate since 1992. His endorsers include Joaquin Castro (D-Texas), Rep. Cedric Richmond (D-La.), four of his state Senate colleagues, and 16 state House members.

  • Cornyn won the 2014 election by over 27 percentage points against David Alameel (D). Three outlets rate the general election Likely Republican. No Democratic candidate has won a statewide election in Texas since 1994.

Supreme Court issue rulings on presidential electors, ACA’s contraception mandate in final opinions of 2019-2020 term

• The Supreme Court of the United States (SCOTUS) issued decisions in nine cases this week, bringing the total of cases decided this term to 62. The court is now on recess until the start of the 2020-2021 term on October 5. Click here for more information about the upcoming term.

• July 6

  • Colorado Department of State v. Baca originated in the U.S. Court of Appeals for the 10th Circuit and concerned state-appointed presidential electors in Colorado. Those electors voted did not cast Electoral College ballots for the winner of the popular vote, which violated state law. 

  • SCOTUS originally agreed to hear the case as consolidated with Chiafalo v. Washington. The court later considered the cases separately. Justice Sonia Sotomayor recused herself, taking no part in the decision.

    • The outcome: The court reversed the 10th Circuit's ruling in an 8-0 per curiam decision, holding that the decision was reversed for the reasons outlined in Chiafalo v. Washington. A per curiam decision is issued collectively by the court without authorship indicated.

  • Chiafalo v. Washington originated in the Washington Supreme Court and concerned state-appointed presidential electors. Those electors voted contrary to Washington state law requiring that they cast their Electoral College ballots for the winner of the popular vote. 

    • The outcome: The court affirmed the Washington Supreme Court's decision in a unanimous ruling. The court held that a state may enforce an elector's pledge to support their party's nominee and the state voters' choice for president of the United States. Justice Elena Kagan delivered the opinion of the court.

  • Barr v. American Association of Political Consultants Inc. concerned whether the Telephone Consumer Protection Act’s debt-collection exemption violated the First Amendment’s free speech clause. The debt-collection exemption allows automated calls relating to collecting debts owed to or guaranteed by the federal government. The case originated in the U.S. Court of Appeals for the 4th Circuit. 

    • The outcome: The court affirmed the 4th Circuit's judgment in a 6-3 opinion, holding that the 2015 government-debt exception to the 1991 federal ban on robocalls to cell phones added an unconstitutional exception to the law and that the exception is severable from the remainder of the statute. Justice Brett Kavanaugh delivered the majority opinion of the court.

• July 8

  • Our Lady of Guadalupe School v. Morrissey-Berru (consolidated with St. James v. Biel) concerned how courts should decide when an employee is a minister for purposes of the "ministerial exception" recognized under Hosanna-Tabor Lutheran Church and School v. EEOC (2012). The case originated in the U.S. Court of Appeals for the 9th Circuit.

  • In both cases, two Catholic school teachers filed discrimination claims against their former employers after they were not offered contract renewals. The U.S. district court ruled that both schools were protected religious organizations exempted from anti-discrimination employment laws. The 9th Circuit reversed the district court's ruling.

    • The outcome: The court reversed and remanded the 9th Circuit's decision in a 7-2 ruling, holding that the schools are protected religious organizations and First Amendment religion clauses prevent the adjudication of the defendant's employment discrimination claims. Justice Samuel Alito delivered the majority opinion of the court. 

  • Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (consolidated with Trump v. Pennsylvania) concerned the legality of agency rules providing religious and moral exemptions to the contraception mandate created under the Affordable Care Act. The case came on a writ of certiorari to the U.S. Court of Appeals for the 3rd Circuit. 

    • The outcome: In a 7-2 opinion, the court reversed and remanded the 3rd Circuit's decision, holding that the Departments had legal authority to exempt certain employers from the contraception mandate and that the Little Sisters had the legal right to participate in the case. Justice Clarence Thomas delivered the majority opinion of the court.

• July 9

  • Trump v. Vance concerned presidential immunity. In 2019, New York County District Attorney Cyrus Vance (D) issued a grand jury subpoena to President Donald Trump's (R) personal accounting firm, Mazars USA, LLP (“Mazars”), demanding production of the president’s financial papers and his tax returns. The president challenged the subpoena, arguing it violated presidential immunity. The case originated in the U.S. Court of Appeals for the 2nd Circuit. 

    • The outcome: The court affirmed the 2nd Circuit's ruling and remanded the case for further proceedings in a 7-2 opinion. The court held that Article II of the United States Constitution and the Supremacy Clause do not categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting president.

  • Trump v. Mazars USA was consolidated with Trump v. Deutsche Bank AG. U.S. House committees issued subpoenas requesting financial documents from the president, his children, and affiliated businesses. The president, acting in his individual capacity, challenged the subpoenas. The case concerned whether the U.S. House exceeded its Constitutional authority by issuing the subpoenas. It originated in the U.S. Court of Appeals for the D.C. Circuit. 

    • The outcome: The court vacated the D.C. Circuit's decision in a 7-2 ruling and remanded the case. The court held that the lower courts (the D.C. Circuit and the 2nd Circuit) did not adequately consider separation of power concerns implicated by Congressional subpoenas for information from the president.

  • McGirt v. Oklahoma concerned whether Oklahoma state courts had jurisdiction to try a citizen of the Creek Nation for criminal matters. A jury in Oklahoma's Wagoner County District Court found Jimcy McGirt guilty of three counts of sex crimes. He was sentenced to 500 years in prison and life in prison without parole. The Oklahoma Court of Criminal Appeals (OCCA), the state's court of last resort for criminal matters, denied McGirt's petition for appeal. McGirt appealed to the U.S. Supreme Court, arguing Oklahoma courts lacked jurisdiction to hear his case because of his membership in the Seminole/Creek Nations of Oklahoma and because the alleged crimes occurred in Indian Country.

    • The outcome: The court reversed the OCCA's decision in a 5-4 ruling, holding that under the Indian Major Crimes Act, lands reserved for the Creek Nation in eastern Oklahoma constituted Indian Country. As a result, the state of Oklahoma could not legally try a Creek citizen for criminal conduct in state court.

  • Sharp v. Murphy was first argued on November 27, 2018, during the court's 2018-2019 term. After oral arguments, the court announced it would hear arguments on the case again in the 2019-20 term. That announcement indicated a 4-4 split among the justices. (Justice Neil Gorsuch recused himself because of his previous tenure on the 10th Circuit.)

  • The court never scheduled arguments for Sharp v. Murphy in the current term. Instead, the justices agreed to hear McGirt v. Oklahoma, which concerned the same legal issues

    • The outcome: The court affirmed the 10th Circuit's decision in a one-page per curiam ruling. The court's affirmation was based on the reasons stated in McGirt v. Oklahoma.

Ballotpedia analyzes ballot access deadlines for independent candidates after Kanye West announces presidential run

• Musician Kanye West announced via Twitter last week that he was running for president. Since he hasn’t participated in any of the caucus or primary contests, he can run as an independent candidate or the candidate of a minor party. 

• In four states—Indiana (11), New Mexico (5), North Carolina (15), and Texas (38)—the filing deadlines for independent presidential candidates have already passed. Filing deadlines are approaching in the remaining 46 states and Washington, D.C. These 46 states and D.C. account for 469 of the 538 Electoral College votes altogether. 

• In some states, it’s easier for a presidential candidate to get on the ballot by affiliating with or forming a new political party. For a comparison of independent candidate requirements versus minor-party candidate requirements, see the April and July editions of Ballot Access News, edited by Richard Winger.

Voters decide DE, NJ presidential primaries, NJ holds congressional races

• Joe Biden and Donald Trump won the Democratic and Republican presidential primaries, respectively, in Delaware and New Jersey. This was Biden’s first win in his home state of Delaware following two earlier presidential campaigns. Trump won both states in the 2016 Republican presidential primary.

  • The Democratic National Convention will take place in Milwaukee, Wisconsin, on August 17-20. In response to the coronavirus pandemic, convention organizers said that “state delegations should not plan to travel to Milwaukee and should plan to conduct their official convention business remotely.”

  • The Republican National Convention will be held the following week from August 24-27. The first day will take place in Charlotte, North Carolina, before moving to Jacksonville, Florida, for the event's final three days.

• The statewide primary for New Jersey took place on July 7. Candidates competed to advance to the general election scheduled for November 3. The primary was originally scheduled for June 2 but was postponed due to public health concerns amid the coronavirus (COVID-19) pandemic.

  • New Jersey also expanded mail-in voting due to COVID-19. All registered, active Democratic and Republican voters were automatically set to receive mail-in ballots and any unaffiliated or inactive voters were automatically set to receive mail-in ballot applications. Boards of elections will count all ballots postmarked by July 7 as long as they are received by July 14, 2020. This means election results may not be known for at least a week following the primary.

• Candidates ran in primaries for one U.S. Senate seat and 12 U.S. House seats.

  • In the U.S. Senate primaries, incumbent Cory Booker defeated Lawrence Hamm to advance from the Democratic primary. 

  • As of July 10, the Republican primary had not been called.

  • All 12 U.S. House incumbents filed for re-election. Eight of them faced challengers in the primary and none were defeated according to unofficial results. Nine candidates faced no opposition and advanced to the general election automatically, including four incumbents.

  • Both the Democratic and Republican parties held primaries in each U.S. House district, except New Jersey’s 6th Congressional District, which only had Democratic candidates on the ballot. A Republican candidate, Sammy Gindi, announced his write-in candidacy to the seat. As of July 10, write-in results were not available.

• Ballotpedia identified three of New Jersey’s congressional primaries as battlegrounds. Here’s what happened in those races:

  • Democratic primary in New Jersey’s 2nd Congressional District: Amy Kennedy defeated Brigid Callahan Harrison and three other candidates. As of July 9, 66% of precincts had reported results; Kennedy had 64% of the vote to Harrison’s 23%. 

  • Republican primary in New Jersey’s 2nd Congressional District: Incumbent Jeff Van Drew defeated challenger Bob Patterson. As of July 9, Van Drew led Patterson 82% to 18%. Van Drew was first elected as a Democrat in 2018 before joining the Republican Party in December 2019. Both candidates said they would be a more effective ally to President Trump.

  • Republican primary in New Jersey’s 3rd Congressional District: David Richter defeated Kate Gibbs to win the Republican nomination to challenge Rep. Andy Kim (D). As of July 9, Richter led Gibbs 64% to 36% with 65% of precincts reporting. Richter, the former chief executive officer of Hill International, was backed by the National Rifle Association while Gibbs, a former Burlington County freeholder, had the endorsement of the Republican Main Street Partnership.

• The next primary after New Jersey’s is on July 14 in Maine.

Louisiana to hold presidential primaries three months after original date due to coronavirus pandemic

• Louisiana will hold Democratic and Republican presidential primaries. It was the first state to postpone an election in response to the coronavirus pandemic, initially moving the primaries from April 4 to June 20 and then June 20 to July 11.

• Presumptive Democratic nominee Joe Biden and 13 other candidates appear on the Democratic ballot. President Donald Trump and four other candidates appear on the Republican ballot.

Filing period for congressional candidates to end in Delaware

• The statewide filing deadline to run for elected office in Delaware is on July 14. Prospective candidates may file for the following congressional offices:

  • U.S. Senate: The Class II Senate seat held by Chris Coons (D) is up for election.

  • U.S. House: Delaware’s one at-large congressional district seat is also up for election. Lisa Blunt Rochester (D) is the incumbent.

• The primary is scheduled for September 15, and the general election is scheduled for November 3, 2020.

• The next and final statewide filing deadline of the year is in Louisiana on July 24.

House is in session, Senate out of session

• The Senate is out of session and the House is in session next week. Click here to see the full calendar for the second session of the 116th Congress.

Where was the president last week?

• On Monday, Trump met with Secretary of State Mike Pompeo.

• On Tuesday, Trump had lunch with Vice President Pence and participated in a dialogue on school reopenings.

• On Wednesday, Trump met with the President of Mexico.

• On Thursday, Trump participated in a roundtable with Hispanic leaders and signed an executive order launching the White House Hispanic Prosperity Initiative.

• On Friday, Trump visited Florida for a counternarcotics briefing and a campaign event.

Federal judiciary

• 79 federal judicial vacancies

• 51 pending nominations

• 5 future federal judicial vacancies

Ballotpedia depends on the support of our readers.

The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.