Federal judge extends Virginia’s voter registration deadline
On Oct. 14, Judge John A. Gibney, of the U.S. District Court for the Eastern District of Virginia, ordered that Virginia's voter registration deadline be extended from Oct. 13 to Oct. 15.
- On Oct. 13, Virginia's online voter registration system went offline for several hours after a fiber optic cable was accidentally severed. The New Virginia Majority Education Fund, the Virginia Civic Engagement Table, and the League of Women Voters of Virginia filed suit against the state, seeking an extension of the registration deadline. Attorney General Mark Herring (D) filed a brief in support of an order to extend the deadline. Gov. Ralph Northam (D) also voiced -his support for an extension. Both Herring and Northam said that the state could not unilaterally extend the statutory deadline, absent a court order.
- The following states also made modifications to their voting procedures this week:
- Alabama: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed a district court order suspending the state's witness requirement for absentee/mail-in voters with underlying medical conditions. The panel also reversed the lower court's order waiving photo identification requirements for voters 65 and older.
- Alaska: On Oct. 12, the Alaska Supreme Court affirmed a lower court's order suspending the state's witness requirement for absentee/mail-in ballots.
- Arizona: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that had extended the state's voter registration deadline. The court set Oct. 15 as the new registration deadline.
- Indiana: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit stayed a lower court's order that had extended the state's return deadlines for absentee/mail-in ballots. As a result, the original receipt deadline (noon on Nov. 3) was reinstated.
- Missouri: On Oct. 9, Judge Brian C. Wimes, of the U.S. District Court for the Western District of Missouri, issued an order requiring Missouri election authorities to accept mail-in ballots returned in person. However, on Oct. 10, Wimes stayed his order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.
- North Carolina: On Oct. 14, Judge William Osteen, of the U.S. District Court for the Middle District of North Carolina, ordered election officials to enforce the state's witness requirement for absentee/mail-in ballots. Osteen allowed other ballot curing provisions, and the absentee/mail-in ballot receipt deadline (Nov. 12 for ballots postmarked on or before Election Day), to stand.
- Texas: On Oct. 12, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a directive by Gov. Greg Abbott (R) restricting the number of absentee/mail-in ballot return locations to one per county.
Anchorage Mayor Ethan Berkowitz resigns
Anchorage Mayor Ethan Berkowitz announced his resignation in a statement on Oct. 13. Berkowitz cited his “unacceptable personal conduct that has compromised my ability to perform my duties with the focus and trust that is required.”
Berkowitz had previously released a statement on Oct. 12, explaining that he had been involved in a messaging relationship with YourAlaskaLink reporter Maria Athens.
- According to Article VII, Section 7.01 of the Anchorage City Charter, the chair of the assembly serves as acting mayor until a successor is elected and takes office. The chair of the Anchorage Assembly, Felix Rivera, has called for a special Assembly meeting on October 16 to discuss and vote on a successor.
- The mayor of Anchorage is limited to two three-year terms in office. Berkowitz was elected in 2015 and re-elected in 2018, but resigned before the end of his second term in office. He is the first mayor since 2003 to resign before completing two terms. Berkowitz’s two mayoral predecessors, Dan Sullivan, who served from 2009 to 2015, and Mark Begich, who served from 2003 to 2009, each served two terms in office.
2020's statewide ballot measures written at first-year graduate school level
A Ballotpedia analysis determined that the average statewide ballot measure in 2020 is written at a reading grade level of 17, similar to the reading level in first-year graduate school. This year’s average reading level is down from between 19 and 20 in 2018, according to Ballotpedia's annual analysis of ballot language readability for the 128 statewide measures across 34 states in 2020.
- Ballotpedia uses two formulas, the Flesch Reading Ease (FRE) and Flesch-Kincaid Grade Level (FKGL), to calculate scores for the titles and summaries of ballot measures. The FRE formula produces a score between a negative number and 100, with the highest score (100) representing a 5th-grade equivalent reading level and scores at or below zero representing college graduate-equivalent reading level. The FKGL formula produces a score equivalent to the estimated number of years of U.S. education required to understand a text.
- The average FKGL for the ballot titles (ballot questions) of all 128 statewide 2020 ballot measures was about 17.
- The average ballot title grade for all measures in a single state averaged together ranged from 10 in Rhode Island, Washington, and Wyoming to 32 in Virginia.
- In 2018, the average FKGL for ballot titles was between 19 and 20, and average state scores ranged from eight to 42.
- Ballotpedia identified 67 measures with a ballot summary that was set to appear alongside the ballot question on the ballot. The average FKGL for the ballot summaries was about 14.
- The average ballot summary grade for all measures in a single state averaged together ranged from 10 in Louisiana and Maryland to 20 in Arkansas.
Utah expands face-covering requirements
On Oct. 13, Gov. Gary Herbert (R) issued updated mask guidance requiring individuals in high and medium transmission-level counties to wear face coverings in all indoor public spaces and outdoors when social distancing is not possible. The order only applies to medium-transmission counties through Oct. 29. Herbert also mandated masks statewide in large gathering venues, such as sports stadiums and movie theaters.
- 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.
Hawaii’s pre-travel testing program goes into effect, other states modify travel restrictions
On Wednesday, Oct. 15, Hawaii’s “Safe Travels Hawaiʻi” program started, allowing out-of-state visitors and returning residents to avoid a mandatory 14-day quarantine requirement if they can present a negative COVID-19 test taken within 72 hours of arrival. The program specifies that travelers who test positive or whose results are pending will still need to quarantine.
- The program, which Gov. David Ige (D) first announced on Jun. 24, was originally slated to begin in August but was delayed several times owing to concerns over rising coronavirus cases.
- On Oct. 13, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Michigan, Virginia, and Ohio had been added to the tristate quarantine list. The list includes 38 states and territories.
- On Wednesday, Oct. 14, the Ohio Department of Health updated its travel advisory to include travelers from Indiana. The advisory asks visitors from states reporting positive testing rates of 15% or higher to self-quarantine for two weeks. The list currently includes South Dakota, Idaho, Wisconsin, Iowa, Wyoming, Kansas, Nevada, and Indiana.
Voters decide runoffs in four Mississippi state legislative districts
A special general runoff election was held for Mississippi State Senate Districts 15 and 39 and Mississippi House of Representatives Districts 37 and 66 on Oct. 13. The special general election for the four districts was held on Sep. 22. The filing deadline passed on Aug. 3.
- In Senate District 15, Bart Williams won the special election with 53.6% of the vote and defeated Joyce Meek Yates. The special election was called after Gary Jackson (R) resigned on Jun. 30. Jackson served from 2004 to 2020.
- In Senate District 39, Jason Barrett won with 56.1% of votes and defeated Bill Sones. The special election was called after Sally Doty (R) left office to become the executive director of the Mississippi Public Utilities Staff. She resigned Jul. 15. Doty served from 2012 to 2020.
- In House District 37, Lynn Wright won with 63.8% of the vote and defeated David Chism. The special election was called after Gary Chism (R) resigned on Jun. 30. Gary Chism served from 2000 to 2020.
- In House District 66, De'Keither Stamps won with 61.5% of the votes and defeated Bob Lee Jr. The special election was called after Jarvis Dortch (D) resigned on Jul. 2. Dortch served from 2016 to 2020.
- As of October 2020, 59 state legislative special elections have been scheduled or held in 27 states. Between 2011 and 2019, an average of 77 special elections took place each year.
- Mississippi has held 36 state legislative special elections from 2010 to 2019.
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 41 elections having taken place already. Heading into those races, Democrats had previously controlled 15 of the seats, while Republicans previously controlled 26. 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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