Federal appeals court blocks lower court extension of Wisconsin ballot return, voter registration deadlines
- On Oct. 8, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to
stay a lower court order that had extended registration and absentee/mail-in ballot return deadlines in Wisconsin. As a result, these deadlines reverted to their original dates: Oct. 14 for online and mail-in voter registration, and Nov. 3 for receipt of completed absentee/mail-in ballots.
- Judges Frank Easterbrook and Amy St. Eve voted to stay the lower court's order, citing recent actions by the U.S. Supreme Court: "The Court has consistently stayed orders by which federal judges have used COVID-19 as a reason to displace the policymaking branches of government. … Deciding how best to cope with difficulties caused by disease is principally a task for the elected branches of government." Easterbrook and St. Eve were appointed by Presidents Ronald Reagan (R) and Donald Trump (R), respectively.
- Judge Ilana Rovner dissented: "At a time when judicial intervention is most needed to protect the fundamental right of Wisconsin citizens to choose their elected representatives, the court declares itself powerless to do anything." Rovner is a George H.W. Bush appointee.
- The following states also made modifications to their voting procedures this week:
- Arizona:
- On Oct. 6, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that would have allowed voters up to five days to provide missing signatures for absentee/mail-in ballots.
- On Oct. 5, Judge Steven Logan, of the U.S. District Court for the District of Arizona, ordered that the state's voter registration deadline be extended to 5 p.m. on Oct. 23.
- Florida: On Oct. 6, Secretary of State Laurel Lee (R) announced that the state's voter registration would be
extended to 7 p.m. on Oct. 6.
- Iowa: On Oct. 6, the Iowa Supreme Court stayed a state court's order that had allowed county election officials
to send pre-filled absentee/mail-in ballot request forms to voters.
- Ohio: On Oct. 8, Judge Dan Aaron Polster, of the U.S. District Court for the Northern District of Ohio, ordered
Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices.
- South Carolina: On Oct. 5, the Supreme Court of the United States reinstated South Carolina's witness signature
requirement for absentee/mail-in ballots.
Maine expands enforcement of statewide mask mandate
- On Oct. 6, Gov. Janet Mills (D) applied the state’s executive order, which requires businesses to enforce Maine’s statewide mask mandate, to all counties. Previously, only businesses in the state’s coastal counties and most populous cities could be punished for failing to enforce mask mandates. The expanded order also requires municipal buildings and private schools to enforce the face-covering mandate.
- Thirty-three states have statewide orders requiring individuals to wear masks in indoor or outdoor public spaces. All 24 states with a Democratic governor have statewide mask orders, while nine out of 26 Republican states require face coverings.
Connecticut, New Jersey, New York update list of states affected by quarantine order
- On Tuesday, Oct. 6, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that New Mexico had been
added to the tristate quarantine list. Travelers from states on the list must quarantine for 14 days upon entering Connecticut, New Jersey, and New York.
- Connecticut, New Jersey, and New York created the joint list on June 24. To date, the list includes 35 states and territories.
- On Oct. 7, Gov. David Ige (D) said that a pre-test program would launch for out-of-state travelers on Oct. 15. This will allow visitors to avoid the 14-day quarantine if they can present a negative COVID-19 test taken within 72 hours of arrival. Travelers who test positive or whose results are pending will still need to quarantine.
- Ige first announced the pre-test program on June 24. The program had been scheduled to begin Aug. 1, but was delayed due to concerns over rising coronavirus cases.
State, local officials release results of coronavirus tests
- On Oct. 5, the Arizona House Democrats caucus announced state Rep. Lorenzo Sierra (D), who represents District 19, had been admitted to the hospital due to complications related to coronavirus.
- On Oct. 5, Virginia Beach City Council Member John D. Moss announced he had tested positive for coronavirus.
- On Oct. 2, Ohio state Rep. Joe Miller (D), who represents District 56, announced on Twitter he had tested positive for coronavirus.
- On Oct. 5, New Mexico Gov. Michelle Lujan Grisham (D) announced she had tested negative for coronavirus after a custodial staff member of her residence tested positive. She said she would self-quarantine until she could receive another test.
- On Oct. 3, Wisconsin State Rep. Jim Ott (R), who represents District 23, announced he was self-quarantining after attending an event with Sen. Ron Johnson (R-Wis.), who later tested positive for coronavirus.
- On Oct. 3, Pennsylvania state Rep. Melissa Shusterman (D), who represents District 157, announced she would self-quarantine after state Rep. Paul Schemel (R) tested positive for coronavirus on Oct. 1.
West Virginia state legislator resigns
- Delegate John Mandt Jr. (R) resigned from the West Virginia House of Delegates. He announced his resignation following accusations that he made discriminatory social media posts against gay people and Muslims.
- As reported by Cumberland Times-News, Mandt responded to the accusations in a deleted Facebook post: "Everything electronic can be fabricated. It's by
design, my family, my business are being attacked." On the night of his resignation, the West Virginia House of Delegates issued a statement in which Mandt said, "Right now, my focus and priority needs to be on my family and business, and feel it is best at this time to terminate my campaign and make room (for) other individuals to serve the state." Mandt was elected to the chamber in 2018.
- Heading into the general election, the partisan composition of the West Virginia House of Delegates is 57 Republicans, 41 Democrats, one independent, and one vacancy. West Virginia 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.
Connecticut, New Jersey, New York update list of states affected by quarantine order
- On Tuesday, Oct. 6, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that New Mexico had been
added to the tristate quarantine list. Travelers from states on the list must quarantine for 14 days upon entering Connecticut, New Jersey, and New York.
- Connecticut, New Jersey, and New York created the joint list on June 24. To date, the list includes 35 states and territories.
- On Oct. 7, Gov. David Ige (D) said that a pre-test program would launch for out-of-state travelers on Oct. 15. This will allow visitors to avoid the 14-day quarantine if they can present a negative COVID-19 test taken within 72 hours of arrival. Travelers who test positive or whose results are pending will still need to quarantine.
- Ige first announced the pre-test program on June 24. The program had been scheduled to begin Aug. 1, but was delayed due to concerns over rising coronavirus cases.
Andy King expelled from New York City Council
- The New York City Council voted 48-2 on Oct. 5 to expel Councilman Andy King (D) for harassment and discrimination, conflicts of interest, disorderly conduct, and other violations. King represented the 12th district and was first elected in 2012.
- A two-thirds vote is required to expel a city council member. The city council press office confirmed that this is the first time a council member has been voted off the council without a criminal conviction. King filed a lawsuit on Oct. 5 in federal court challenging his expulsion.
- The council’s Committee on Standards and Ethics had previously brought ethics investigations against King in February
2018 and in October 2019. The 2019 proceeding resulted in a 30-day suspension for King and a $15,000 fine. The council vote to expel King in that matter was defeated, 34-12.
- In a statement, Council Speaker Corey Johnson (D) said, “I agree with the recommendations of the Standard and Ethics Committee. Council Member King should be expelled from office. This is not a decision to be made lightly, but Council Member King has given us no alternative.”
- King’s attorney filed suit against the council in federal court on Oct. 5, 2020. King said, “Plaintiff is the first in the history of the New York City Council to be expelled without a separate concurrent criminal conviction.”
- The New York City Council is composed of 51 members. The current partisan composition is 46 Democrats, three Republicans, and two vacancies. Mayor Bill de Blasio (D) has announced that a special election to fill the vacancy left by King will take place on Dec. 22.
Newsom makes his first appointment to California Supreme Court
- California Gov. Gavin Newsom (D) appointed Martin Jenkins to the California Supreme Court on Oct. 5, 2020. Pending confirmation by the state Commission on Judicial Appointments, Jenkins will succeed Justice Ming Chin, who retired on Aug. 31, 2020. Jenkins is Newsom’s first nominee to the seven-member supreme court.
- Under California law, state supreme court justices are recommended by the Commission on Judicial Nominee Evaluation to the governor. The governor then selects the new justice, who must be confirmed by the state Commission on Judicial Appointments.
- A press release from Gov. Newsom’s office said Jenkins “would be the first openly gay California Supreme Court justice and only the third African American man ever to serve on the state’s highest court. It has been 29 years since an African American man has served on the California Supreme Court.”
- The California Supreme Court is the state’s court of last resort. As of October 2020, four judges on the court were appointed by Democratic governors and two judges were appointed by Republican governors.
- In 2020, there have been 21 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. One vacancy occurred when a chief justice died, and 20 vacancies were caused by retirements.
Ballot Measures Update
- Unless courts remove other measures from the ballot, the 2020 statewide measures are
finalized. Voters in 32 states will decide 120 statewide ballot
measures on Nov. 3.
- Notable topics addressed by Nov. 3 measures include:
- Elections policy: Eighteen measures in 14 states concern election policy, including campaign finance, election dates, election systems, redistricting, suffrage, and term limits.
- Taxes: Voters in 12 states will vote on 19 ballot measures addressing tax-related policies.
- Marijuana and drug policy: Four states will vote on recreational marijuana legalization initiatives, and two states will vote on medical marijuana initiatives. Oregon could also become the first state to establish a program for legal psilocybin mushroom use and decriminalize all drugs if voters approve Measure 109 and Measure 110.
- Including the eight pre-November election dates, a total of 128 statewide ballot measures were certified for the 2020
ballot in 34 states.
- Forty-three of the certified measures are citizen-initiated measures. Eighty are legislative referrals. One is an automatic constitutional revision commission question. Four are advisory measures in Washington.
Special Elections
- Fifty-nine state legislative special elections have been scheduled in 27 states so far this year, with 37 seats having taken place already. Heading into those races, Democrats had
previously controlled 14 of the seats, while Republicans previously controlled 23. One seat flipped from Democratic control to Republican control, and six 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: 94, 2013: 84, 2015: 88, 2017: 98, 2019: 77).
- Upcoming special elections include:
States in session
Six states—Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania—are in regular
session.
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