Ohio House Speaker arrested on bribery charges

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Welcome to the weekend. Catch up on the top stories from the week in state and local politics below. For a complete review of the week, and preview of the week ahead, click the button below. 

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** KANSAS STATE BOARD OF EDUCATION REJECTS GOVERNOR'S ORDER DELAYING START OF SCHOOLS
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The Kansas State Board of Education voted ([link removed]) 5-5 on Gov. Laura Kelly’s (D) executive order delaying the start of the public school year from August 10 until Sept. 9. The order required board approval before taking effect, so the tie vote effectively canceled the governor’s executive order. Kelly signed ([link removed]) the order on July 20.

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So far, seven states (Alabama, Indiana, Iowa, Montana, North Dakota, Nevada, and Wyoming) have reopened their campuses for students and staff. Thirteen states have released reopening guidance and also announced a scheduled reopening, one state has announced public schools will reopen in the fall but have not released reopening guidance, and officials in 20 other states have released guidance for reopening schools to in-person instruction, but have not indicated when or whether they plan to do so.

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In March and April, 48 states closed public schools to in-person instruction for the remainder of the 2019-2020 academic year. Those states accounted for 99.4% of the nation's 50.6 million public school students. Montana and Wyoming did not require in-person instruction for the year. Montana schools were allowed to reopen on May 7 and Wyoming schools were allowed to reopen on May 15.

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** OHIO HOUSE SPEAKER ARRESTED ON BRIBERY CHARGES
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Speaker ([link removed]) of the Ohio House of Representatives Larry Householder ([link removed]) (R) was arrested on federal charges of racketeering. The charges, which were filed in the U.S. District Court for the Southern District of Ohio, allege Householder accepted over $60 million in bribes. Four other individuals, including former chair of the Republican Party of Ohio Matt Borges, also face similar charges.

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The charges allege that Householder helped to pass legislation to bail out two northern Ohio nuclear plants in exchange for payments to fund his campaign for the House Speaker position. 

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Gov. Mike DeWine (R) responded to the arrest on Twitter, writing ([link removed]) , “Because of the nature of these charges, it will be impossible for Speaker Householder to effectively lead the Ohio House of Representatives; therefore, I am calling on Speaker Householder to resign immediately.” Householder answered reporters’ questions as to whether he plans to resign with a statement ([link removed]) of “No,” as he left the federal courthouse.

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** REGISTER TODAY FOR OUR JULY 28 INSIGHTS CALL ([link removed])
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** INDIANA, MINNESOTA, OHIO ISSUE STATEWIDE MASK MANDATES
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Ohio Gov. Mike DeWine (R) announced ([link removed]) that a statewide mask mandate ([link removed]) would go into effect the evening of July 23. DeWine previously imposed mask requirements on counties with high numbers of COVID-19 cases. The mandate will require all individuals 10 years and older to wear a mask indoors and outdoors if social distancing isn’t possible.

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Indiana Gov. Eric Holcomb (R) announced ([link removed]) that anyone 8 or older would be required to wear a face mask in indoor public spaces, commercial businesses, transportation services, or in outdoor public spaces where social distancing is not possible. Students in third grade or higher, along with faculty and staff, must wear face masks in school. The requirement takes effect on July 27.

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Minnesota Gov. Tim Walz (D) announced ([link removed]) that he will issue a statewide mask mandate effective July 25. The order will require all people except small children and those with documented medical conditions to wear a mask in businesses open to the public.

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** THREE TOLEDO CITY COUNCIL MEMBERS SUSPENDED PENDING FEDERAL INVESTIGATION
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Three of the four Toledo City Council members currently under investigation ([link removed]) on federal charges of bribery, extortion, and conspiracy voluntarily suspended their positions this week.

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Yvonne Harper ([link removed]) , Tyrone Riley ([link removed]) , and Larry Sykes ([link removed]) agreed to the suspension after Attorney General of Ohio Dave Yost (R) filed a request for suspension proceedings. The fourth councilmember under investigation, Gary Johnson ([link removed]) , continued to serve in his capacity as a councilmember as of July 24.

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Harper, Johnson, Riley, and Sykes were arrested on June 30 on charges of bribery and extortion. The charges resulted from a two-year investigation begun by the FBI in 2016, and allege that the four officials accepted a total of $34,000 in bribes. 

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On July 21, a grand jury indicted the councilmembers, along with attorney Keith Mitchell, on additional charges of extortion and conspiracy.

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Probate judge Jack R. Puffenberger will appoint temporary replacements for Harper, Riley, and Sykes to serve on the city council for the duration of the investigation.

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** CONNECTICUT, NEW JERSEY, AND NEW YORK EXPAND LIST OF STATES COVERED BY QUARANTINE REQUIREMENT; KENTUCKY, OHIO GOVERNORS ISSUE TRAVEL ADVISORIES
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Governors Ned Lamont ([link removed]) (D-Conn.), Phil Murphy ([link removed]) (D-N.J.), and Andrew Cuomo ([link removed]) (D-N.Y.) announced the addition of Alaska, Delaware, Indiana, Maryland, Missouri, Montana, North Dakota, Nebraska, Virginia, and Washington to the joint travel advisory originally announced June 24. Travelers from those states will need to self-quarantine for 14 days upon arriving in the tristate area.

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The governors removed Minnesota, which was added July 14, from the list. The list now includes 22 states.

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Additionally, on July 20, Gov. Lamont announced that all incoming travelers to Connecticut must fill out an online travel health form before arriving or risk facing a $1,000 fine.

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Kentucky Governor Andy Beshear ([link removed]) (D) issued ([link removed]) a travel advisory on July 20 requesting that visitors from nine states self-quarantine for 14 days upon arrival. State officials said the advisory was a recommendation, not a requirement. The nine states in the advisory include Alabama, Arizona, Florida, Georgia, Idaho, Nevada, Mississippi, South Carolina, and Texas.

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Ohio Gov. Mike DeWine (R) issued ([link removed]) a non-obligatory travel advisory on July 22 that asks travelers from states reporting positive coronavirus testing rates of 15% or higher to self-quarantine for 14 days. The states affected by the advisory include Alabama, Arizona, Florida, Georgia, Idaho, Mississippi, Nevada, South Carolina, and Texas.

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** LEGISLATORS IN THREE STATES TEST POSITIVE FOR CORONAVIRUS
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Arkansas State Sen. Jason Rapert ([link removed]) (R), who represents District 35, announced on July 23 that he was in the hospital after testing positive for coronavirus. Rapert first assumed office in 2011.

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Kentucky State Sen. Max Wise ([link removed]) (R), who represents District 16, announced on July 20 that he had tested positive for coronavirus. Wise first assumed office in 2015.

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Florida State Rep. Randy Fine ([link removed]) (R), who represents District 53, announced on July 22 that he had tested positive for COVID-19. Fine first assumed office in 2016.

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** CONNECTICUT GOV. LAMONT MAKES FIRST APPOINTMENT TO STATE SUPREME COURT
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Gov. Ned Lamont (D) appointed appellate judge Christine E. Keller ([link removed]) to the Connecticut Supreme Court, making his first appointment to the state’s court of last resort since taking office. If confirmed by the Connecticut General Assembly, Keller will fill the vacancy ([link removed]) created when Justice Richard Palmer reached the mandatory retirement age of 70 in May 2020. 

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Keller has served on the Connecticut Court of Appeals since 2013 and previously served on the Connecticut Superior Court beginning in 1993. 

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All six of the current justices on the seven-seat court were appointed by Governor Dan Malloy (D) during his tenure.

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** CANDIDATE FILING DEADLINE ENDS FOR CERTAIN STATE EXECUTIVE, JUDICIAL OFFICES IN LOUISIANA
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The filing deadline to run for state executive and judicial offices passed in Louisiana on July 24. Candidates filed for the following offices:

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Louisiana Public Service Commission ([link removed]) (two seats)

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Louisiana Supreme Court ([link removed]) (two seats)

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Louisiana Circuit Courts of Appeals ([link removed]) (13 seats)
 

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The primary is scheduled for November 3, and the general election will be held on December 5.

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Louisiana has a divided state government and does not have a state government trifecta. A state government trifecta exists when one political party simultaneously holds the governor’s office and both state legislative chambers. 

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The Louisiana filing deadline ([link removed]) was the last statewide filing deadline of the year.

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** TEXAS SUPREME COURT JUSTICE TO RETIRE IN AUGUST
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Texas Supreme Court Justice Paul Green is retiring on August 31, 2020 ([link removed]) . Green joined the court in 2005 after winning election to the position on November 2, 2004. Before that, he served for 10 years as a justice on the Texas Fourth District Court of Appeals, taking the bench after being elected in 1994. 

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In the event of a midterm vacancy, Texas Supreme Court justices are chosen by  gubernatorial appointment with confirmation by the state Senate. The appointee serves until the next general election, in which he or she must compete in a partisan election to serve for the remainder of the unexpired term. Green’s replacement will be Gov. Greg Abbott’s (R) fourth nominee to the nine-member supreme court.

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Texas is one of two states (along with Oklahoma) with two courts of last resort. Founded in 1836, the Texas Supreme Court is the state's court of last resort for civil matters. Founded in 1876, the Texas Court of Criminal Appeals is the state's court of last resort for criminal matters. Both courts have nine judgeships each.

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In 2020, there have been 19 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. The vacancies were caused by retirements. Twelve vacancies are in states where a Democratic governor appoints the replacement. Six are in states where a Republican governor appoints the replacement. One vacancy is in a state where the state supreme court votes to appoint the replacement.

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** BALLOT MEASURES UPDATE
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To date, 109 statewide measures ([link removed]) in 34 states have been certified for the 2020 ballot.

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Thirty-one of the certified measures are citizen-initiated measures. Seventy-seven are legislative referrals. One is an automatic constitutional revision commission question. 

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One new measure was certified for the November ballot in Rhode Island last week.

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The Rhode Island Legislature referred an amendment ([link removed]) to the ballot that would remove "Providence Plantations" from the official state name.

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Seven statewide measures have been on the ballot so far this year. One more is on the ballot over the summer, and the remaining 101 are on the November ballot.

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On August 4, Missouri voters will decide Amendment 2, an initiative ([link removed]) to expand Medicaid coverage.

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On July 14, Maine voters approved two bond issues:

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Maine Question 1, High-Speed Internet Infrastructure Bond Issue (July 2020) ([link removed]) - $15 million

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Maine Question 2, Transportation Infrastructure Bond Issue (July 2020) ([link removed]) - $105 million

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On June 30, voters in Oklahoma approved State Question 802 ([link removed]) , an initiative to expand Medicaid coverage. The vote was 50.5% to 49.5%.

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Proponents of 15 additional ballot initiatives and veto referendums ([link removed]) in Arizona, Arkansas, Montana, Nebraska, North Dakota, and Oklahoma submitted signatures for verification by state officials.

[Tuesday Count]

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** SPECIAL ELECTIONS
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Fifty state legislative special elections ([link removed]) have been scheduled in 25 states so far this year, with 35 seats having taken place already. Heading into those races, Democrats had previously controlled 14 of the seats, while Republicans previously controlled 21. One seat flipped from Democratic control to Republican control, and five seats flipped from Republican control to Democratic control.

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In special elections between 2011 and 2019, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.

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An average of 56 seats were filled through special elections in each of the past five even years (2010 ([link removed]) : 30, 2012 ([link removed]) : 46, 2014 ([link removed]) : 40, 2016 ([link removed]) : 66, 2018 ([link removed]) : 99).

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An average of 88 seats were filled through special elections in each of the past five odd years (2011 ([link removed]) : 95, 2013 ([link removed]) : 84, 2015 ([link removed]) : 88, 2017 ([link removed]) : 98, 2019 ([link removed]) : 77).

Upcoming special elections include:

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August 4

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Alabama House of Representatives District 49 (primary) ([link removed])

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Michigan House of Representatives District 4 (primary) ([link removed])

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Washington State Senate District 38 (primary) ([link removed])

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August 11

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Georgia State Senate District 4 (general election runoff) ([link removed])

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South Carolina House of Representatives District 115 ([link removed])

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August 18

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Alaska State Senate District M (primary) ([link removed])

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Florida State Senate District 20 (primary) ([link removed])

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South Carolina House of Representatives District 107 (primary) ([link removed])

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** STATES IN SESSION
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[In session]

Eight states—California, Massachusetts, Michigan, Nebraska, New Jersey, New York, Ohio, and Pennsylvania—are in regular session ([link removed]) .
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