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As Election Day draws near, we wanted to share an update about one of our tools connecting voters to candidates: Candidate Conversations. This virtual debate format is now moderated by journalist and political commentator Greta Van Susteren. Click the video below to watch and learn more.
Check out this week's state and local news at the button below!
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U.S. appeals court upholds Missouri rule preventing in-person return of mail-in ballots
- On Oct. 22, the U.S. Court of Appeals for the Eight Circuit blocked a district court order that would have allowed voters to return their mail-in ballots in person. As a result, voters must return their mail-in ballots by mail.
- On June 4, Gov. Mike Parson (R) signed SB631 into law, permitting any registered voter to vote by mail in any 2020 election, subject to a notarization requirement. The law requires mail-in ballots to be returned by mail.
- On Oct. 9, Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri issued an order requiring election authorities to accept mail-in ballots returned in person. However, on Oct. 10, Wimes, a Barack Obama (D) appointee, suspended his own order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.
- Secretary of State Jay Ashcroft (R) appealed Wimes' decision to the Eighth Circuit. The appellate court granted Ashcroft's request to extend the suspension of the district court's order. The court's unsigned order indicated that a full opinion is forthcoming.
- Also this week, the following states saw important developments involving their election administration procedures:
- Alabama: On Oct. 21, the U.S. Supreme Court, on a 5-3 vote, reinstated Alabama's prohibition against curbside voting.
- Iowa: On Oct. 21, the Iowa Supreme Court upheld an Iowa law barring county election officials from sending absentee/mail-in ballots to voters who omitted information on their ballot application forms.
- North Carolina:
- On Oct. 19, the North Carolina State Board of Elections directed counties to accept absentee/mail-in ballots received by 5 p.m. on November 12, 2020, and postmarked on or before Election Day. The state board of elections also issued new guidance on how voters can resolve problems with their absentee/mail-in ballots.
- On Oct. 20, the U.S. Court of Appeals for the Fourth Circuit declined to block the extension of North Carolina's absentee/mail-in ballot return and receipt deadlines. As a result, ballots would be accepted if they were postmarked on or before Election Day and received by 5 p.m. on November 12, 2020.
- Pennsylvania: On Oct. 19, the U.S. Supreme Court declined to block the Pennsylvania Supreme Court's order extending the receipt deadline for mail-in ballots to November 6, 2020, for ballots postmarked on or before Election Day.
- Tennessee: On Oct. 19, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit unanimously upheld a district court decision that temporarily suspended a Tennessee law requiring first-time voters to vote in person.
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Alabama lieutenant governor tests positive for coronavirus
- On Oct. 21, Alabama Lt. Gov. Will Ainsworth (R) announced he had tested positive for COVID-19. At the time of the announcement, Ainsworth said he had no symptoms but would self-quarantine. During the week from Oct. 17 to Oct.
23, Ballotpedia tracked three other state-level officials who tested positive for the coronavirus.
- To date:
- Four state-level incumbents or candidates have died of COVID-19.
- One hundred and four state-level incumbents or candidates have been diagnosed with COVID-19
- Eighty-one state-level incumbents or candidates quarantined after possible exposure to COVID-19.
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36% of state executives did not seek re-election in 2020
- Ballotpedia's 2020 study of competitiveness in state executive official elections found that 35.6% of incumbents did not seek re-election this year, leaving those offices open. This was lower than 2018 (38.6%) and 2016 (45.2%), but higher than 2014 (32.7%). The decade average for open offices is 36.5%. Of this year’s open seats, 22 are held by Democrats, 29 by Republicans, and seven are nonpartisan offices where a party affiliation could not be determined.
- A state executive official is an elected or appointed member of a state’s executive branch. They are charged with implementing and enforcing the laws made by state legislatures. To date, there are 749 state executive officials spread among the 13 distinct state executive offices in the U.S. This year, there are 165 state executive offices up for election across 29 states.
- The study also found that 19.7% of partisan races did not have major party competition (meaning either a Democrat or Republican is currently running uncontested), the highest rate in even-year elections since at least 2012, when Ballotpedia began collecting this data. The two previous presidential year election cycles, 2012 and 2016, saw rates of 11.8% and 12.8%, respectively. The decade average for races without major party competition is 12.9%.
- Other highlights from the report include:
- In the 137 state executive partisan races this year, 19.7% do not have major party competition. This is the highest rate since at least 2012.
- Of the 102 incumbents subject to primaries rather than solely conventions, 63.0% advanced to the general election without a contested primary.
- Of the 58 open state executive races this year, 11 of them (19.0%) occurred because term limits prevented the incumbent from running again.
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Oregon expands face-covering requirement
- The Oregon Health Authority released expanded face-covering guidance, effective Oct. 19. Under the rules, employers are required to provide free masks or face shields to employees if the
business has indoor or outdoor public spaces. Individuals have to wear face coverings in all workplace settings unless they are alone in an office or isolated workspace. Masks are also required at outdoor street fairs and markets, and at private and public universities.
- 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.
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Gov. Murphy appoints Angelica Allen-McMillan New Jersey education commissioner
- New Jersey Governor Phil Murphy (D) announced on Oct. 20 that he was appointing Angelica Allen-McMillan as the New Jersey Commissioner of Education. She will replace
outgoing Interim Commissioner Kevin Dehmer, who had served since the resignation of Lamont Repollet on July 1. Allen-McMillan will serve in an acting capacity until her confirmation by the New Jersey State Senate.
- In a press release, Murphy said, “A product of New Jersey’s public schools, Angelica has worked at all levels of education and knows exactly what our teachers and students need to succeed. She is an exemplary educator and I’m confident she is the leader we need to carry our school communities through the remainder of this pandemic and beyond.”
- Allen-McMillan previously served as interim executive county superintendent for Morris County since 2018. She has also worked as assistant superintendent for secondary education for the Newark Public Schools system and as assistant superintendent for curriculum & instructions in the Irvington School District.
- The New Jersey Commissioner of Education is the chief executive school officer of New Jersey, overseeing all public schools in the state. The commissioner’s responsibilities include recommending legislative changes, producing research on education, and serving as secretary to the New Jersey State Board of Education, among other duties. The commissioner is appointed by the governor with the advice and consent of the state Senate and serves at the pleasure of the governor.
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Connecticut, New Jersey, New York update list of states affected by quarantine order
- On Oct. 20, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Arizona and Maryland had been added to the tristate quarantine list. The governors advised against traveling between their three states, but agreed not to mandate self-quarantines for travel between Connecticut, New York, and New Jersey. Connecticut, New Jersey, and New York created the joint list on June 24. To date, the list includes 40 states and territories. New Jersey removed Delaware from its quarantine list, breaking with Connecticut and New York. New Jersey’s list contains 39 states and territories.
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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.
- Notable unique measures on the Nov. 3 ballot:
- California Proposition 22, App-Based Drivers as Contractors and Labor Policies Initiative (2020) - Uber, Lyft, and Doordash are sponsoring a ballot initiative that would define app-based drivers as independent contractors and not employees, as well as enact several labor and wage policies. It is the first time voters will address gig-economy policies through a statewide ballot measure.
- California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020) - Proposition 25 is a veto referendum on Senate Bill 10 (2019). If voters uphold SB 10, it would make California the first state to end the use of cash bail for all detained suspects awaiting trials. Proposition 25 is one of four statewide veto referendums in the country in 2020.
- Colorado Proposition 114, Gray Wolf Reintroduction Initiative (2020) - This first-of-its-kind citizen initiative would require the Colorado Parks and Wildlife Commission to create a plan to reintroduce and manage gray wolves on designated lands west of the continental divide by the end of 2023.
- Mississippi Ballot Measure 3, State Flag Referendum (2020) - Mississippi voters will choose whether to adopt a new state flag featuring the state flower, a magnolia. On June 30, the Mississippi Legislature approved and Governor Tate Reeves (R) signed House Bill 1796, which removed the official status of Mississippi's previous flag, which featured the confederate ballot cross.
- Rhode Island Question 1, Name Change Amendment (2020) - This amendment would remove "Providence Plantations" from the official state name. Rhode Island voters defeated a similar measure in 2010.
- Including the eight measures on the ballot earlier this year and one measure on the ballot in December, a total of 129 statewide ballot measures were certified for the 2020 ballot in 34 states.
- Forty-three of the certified measures are citizen-initiated measures. Eighty-one are legislative referrals. One is an automatic constitutional revision commission question. Four are advisory measures in Washington.
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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:
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States in session
Six states—Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania—are in regular session.
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Ballotpedia in the News
As is typical this time of year, our ballot measures team is busy fielding interview requests across the U.S. This week, Josh Altic was on WBUR's Here and Now to discuss 2020's ballot measures.
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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.
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