Voters decide statewide ballot measures in 32 states

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Thank you for joining us this weekend after a busy week of election news. 

This morning we're delivering this week's state and local political news. Click below to read the full version of _The State and Local Tap._

Read the full Tap online ([link removed])

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** GIANFORTE WINS MONTANA GUBERNATORIAL RACE, ONLY STATE TO SEE CHANGE IN PARTY CONTROL 
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* Voters decided gubernatorial elections ([link removed]) in 11 states Nov. 3. Greg Gianforte ([link removed]) (R) defeated Mike Cooney (D), Lyman Bishop (L), and write-in Chris Hall (I) to win election as governor of Montana Tuesday, becoming the first Republican to do so since 2000.
* Gianforte’s win gives Republicans a state government trifecta in Montana, their first since 2004. Montana’s 15 years without a trifecta is the longest of any of the 14 states that currently has divided government.
* This was one of two open gubernatorial offices this year; incumbent Steve Bullock (D) was prevented by term limits from seeking re-election.
* Gianforte was the Republican nominee for governor in 2016, when Bullock defeated him 50% to 46%.
* The other open gubernatorial office was in Utah. Gov. Gary Herbert (R), who took office in 2009 and is the nation’s longest-serving governor currently in office, did not run for re-election this year.
* Spencer Cox (R) defeated Chris Peterson (D) and six other candidates in that race. This is the 11th consecutive gubernatorial election Utah Republicans have won; the longest currently-running winning streak nationwide. The longest Democratic winning streak is 10 consecutive elections in Oregon.
* Nine other incumbent governors, including six Democrats and three Republicans, won re-election this year. This figure includes Govs. Chris Sununu (R-N.H.) and Phil Scott (R-Vt.), who were re-elected in states Hillary Clinton (D) carried in 2016 and Joe Biden (D) carried in 2020. It also includes Gov. Roy Cooper (D-N.C.), who was re-elected in a state Donald Trump (R) carried in 2016 and was ahead in 2020.
* When Greg Gianforte (R) is sworn in as governor of Montana, Republicans will control 27 governorships nationwide ([link removed]) to Democrats’ 23.

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** VOTERS DECIDE STATEWIDE BALLOT MEASURES IN 32 STATES
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* Voters nationwide decided 120 statewide ballot measures Nov. 3 in 32 states. Here are some of the notable results:

* California Proposition 22, App-Based Drivers as Contractors and Labor Policies Initiative (2020) ([link removed]) - Voters approved Proposition 22 by a vote of 58% to 42%. Uber, Lyft, and Doordash sponsored the ballot initiative ([link removed]) to define app-based drivers as independent contractors and not employees, as well as enact several labor and wage policies. It was the first time voters addressed gig-economy policies through a statewide ballot measure. 
* California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020) ([link removed]) - Voters rejected Proposition 25 by a vote of 55% against and 45% in favor, which means voters chose to keep cash bail for detained suspects awaiting trials instead of replacing it with risk assessments. Proposition 25 was a veto referendum on Senate Bill 10 (2019). If voters had upheld SB 10, it would have made California the first state to end the use of cash bail for all detained suspects awaiting trials. Proposition 25 was one of four statewide veto referendums ([link removed]) in the country in 2020.
* Illinois Allow for Graduated Income Tax Amendment (2020) ([link removed]) - Voters rejected the amendment by a vote of 55% against to 45% in favor. The Illinois State Legislature ([link removed]) proposed the constitutional amendment to allow the state to enact legislation for a graduated income tax. As of 2020, the state constitution required that the state personal income tax be a flat rate. Gov. J.B. Pritzker ([link removed]) (D), who advocated for a graduated income tax during his gubernatorial campaign, provided most of the funds to the campaign backing the amendment. Ken Griffin, the founder and CEO of Citadel, provided most of the opposition funds. Together, the support and opposition campaigns have raised over $120 million—just over $60 million each.

* Voters approved changes to state drug and criminal justice policies in several states and in D.C. 

* In Oregon, two ballot measures—Measure 109 ([link removed]) and Measure 110 ([link removed]) —were approved by 56% and 58%, respectively. Measure 109 created a program for administering psilocybin products, such as psilocybin-producing mushrooms and fungi. Measure 110 decriminalized Schedule I-IV controlled substances, such as heroin, cocaine, and methamphetamines. 
* In Washington, D.C., voters approved Initiative 81 ([link removed]) by a vote of 76% to 24%. The measure declared personal possession and use of all _entheogenic plants and fungi_ to be the lowest law enforcement priority. Entheogenic plants and fungi include psilocybin mushrooms, peyote, and iboga.
* In Arizona, Montana, New Jersey, and South Dakota, voters approved ballot measures to legalize marijuana ([link removed]) . Mississippi, along with South Dakota, also approved medical marijuana programs. 
* Voters in Oklahoma rejected a ballot initiative, State Question 805 ([link removed]) , that would have prohibited the use of a person's past non-violent felony convictions to impose a greater (enhanced) sentence when sentencing a person convicted of a non-violent felony.

* Click here ([link removed]) to see all ballot measure election results, including other highlighted measures.

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** REPUBLICANS GAIN TRIFECTA IN MONTANA, NEW HAMPSHIRE
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* Before the 2020 election, there were 36 state government trifectas ([link removed]) where one party controlled both legislative chambers as well as the governorship.

* Democrats held 15 trifectas, Republicans held 21, and 14 states had divided governments.

* Forty-four states held elections ([link removed]) for one or more trifecta offices. As a result of the 2020 election, we are projecting 38 trifectas so far.

* Democrats retained all 15 of their trifectas.

* Republicans have gained two so far, for a total of 23.

* Montana flipped from a divided government after Greg Gianforte (R) won the governorship, which had been held by Democrats since 2004. Republicans retained control of both legislative chambers.
* New Hampshire flipped from a divided government after Republicans took control of both the state Senate and House. Democrats had controlled both chambers since 2018. Gov. Chris Sununu (R) won re-election.

* Eleven states will remain divided.

* Two states have not yet been called:

* Alaska, a divided government, could remain divided or become a Republican trifecta depending on results in the state House.
* Arizona, a Republican trifecta, could remain a trifecta or become a divided government depending on results in the state Senate and House.

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** REPUBLICANS WIN CONTROL OF NEW HAMPSHIRE STATE HOUSE, SENATE
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* Eight-six state legislative chambers across 44 states held elections ([link removed]) for some or all of their seats.
* Control of three chambers has still not been called—the Alaska state House and both chambers of the Arizona legislature.
* As of 5:00 p.m. ET, two state legislative chambers changed party control. Republicans won control of the New Hampshire state House ([link removed]) and Senate ([link removed]) . Democrats had won partisan control of both chambers in 2018. Because Republican Gov. Chris Sununu ([link removed]) won re-election, Republicans gained trifecta control of New Hampshire.
* The remaining 81 state legislative chambers did not see a change in partisan control.

 
** PARTISAN CONTROL FLIPS IN AT LEAST THREE DOWN-BALLOT STATE EXECUTIVE OFFICES 
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* Twelve states held elections for one or more down-ballot state executive offices. Control of at least three of those offices changed hands as a result.
* Nine states held elections for lieutenant governor. In four of those states, the lieutenant governor is elected on a ticket with the governor, including in Montana, where Greg Gianforte (R) defeated Mike Cooney (D) in the gubernatorial race.
* The remaining five states elect the lieutenant governor separately. Control of the lieutenant governor’s office did not change in four of them. Vermont’s lieutenant governor, David Zuckerman, was a Progressive who was elected cross-filed with the Democratic Party. Zuckerman did not run for re-election, and the Democratic and Progressive parties nominated different candidates. Molly Gray (D) won election to succeed Zuckerman. 
* This means the nine lieutenant gubernatorial elections in 2020 resulted in a net gain of one office for Republicans and a net loss of one office for Progressives.
* Ten states held elections for attorney general; five with a Republican attorney general, and five with a Democratic attorney general. As of 5:00 p.m. ET, three of those races—in Pennsylvania, North Carolina, and Washington—remained too close to call. All three states have Democratic attorneys general. None of the seven callable races resulted in a change in partisan control of the office.
* Seven states held elections for secretary of state; five with a Republican secretary of state and two with a Democratic secretary of state.
* Oregon’s secretary of state election resulted in a change in partisan affiliation, as Shemia Fagan (D) defeated Kim Thatcher (R) and two others to win the office. Incumbent Bev Clarno (R) did not run for a full term, which was a condition Gov. Kate Brown (D) placed on her appointment to the office following the death of Dennis Richardson (R).
* In addition to serving as the state’s top elections administrator, Oregon’s secretary of state is also first in the gubernatorial line of succession. Kate Brown succeeded to the governorship from the secretary of state’s office after Dennis Kitzhaber (D) resigned in 2015.
* The result of Washington’s secretary of state election remains too close to call, with incumbent Kim Wyman (R) appearing to lead challenger Gael Tarleton (D). Tarleton would be the first Democrat elected as Washington Secretary of State since 1960 if she wins, giving Democrats a triplex in the state. Wyman is one of two Republicans to hold statewide elected office in Washington.

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** DEMOCRATS, REPUBLICANS GAIN ONE TRIPLEX EACH
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* Heading into the election, there were 36 state government triplexes ([link removed]) , where one party controls the offices of governor, secretary of state, and attorney general. 

* Democrats held 16 triplexes, Republicans held 19, and 14 states had divided triplexes.

* Thirteen states held elections for one or more triplex offices. As a result, Republicans have so far secured 19 triplexes, Democrats with 15, and 11 with divided triplex control.

* Republicans gained a triplex in Montana where Greg Gianforte (R) defeated Mike Cooney (D) in the gubernatorial election. Steve Bullock (D) previously held the office and was term-limited.
* Democrats gained a triplex in Oregon where Shemia Fagan (D) defeated Kim Thatcher (R) in the secretary of state election. Bev Clarno (R) did not seek re-election, which Gov. Kate Brown (D) made a condition of her appointment after the death of former Secretary of State Dennis Richardson (R).

* Triplex control in five states remains undetermined.

* In three states—Delaware, New Hampshire, and Tennessee—this is because the governor, state legislature, or both, are responsible for appointing one or more of the triplex offices.
* In North Carolina and Pennsylvania, both currently with Democratic triplexes, this is because one or more races remain uncalled.

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** BALLOTPEDIA TRACKING 18 LAWSUITS INVOLVING ELECTION DISPUTES
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* As of Nov. 6, we are tracking 18 lawsuits ([link removed]) involving Nov. 3 election disputes.

* Lawsuits have been filed in five states ([link removed]) : Arizona, Georgia, Michigan, Nevada, and Pennsylvania. 
* More lawsuits have been filed in Pennsylvania (11) than in the remaining four states combined. 
* Eleven of these lawsuits deal with counting procedure disputes (e.g., whether poll observers have been given proper access to the canvassing sites). Seven involve challenges to small groups of ballots whose validity is in dispute (e.g., absentee/mail-in ballots arriving after the receipt deadline). 
* Fourteen lawsuits have been filed in state courts. The remainder have been filed in the federal court system. 
* For complete details on all of these lawsuits, click here ([link removed]) .

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** WYOMING STATE REPRESENTATIVE DIES ONE DAY BEFORE GENERAL ELECTION
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* Wyoming state Rep. Roy Edwards ([link removed]) (R), who represented House District 53 ([link removed]) , passed away on Nov. 2—one day before the general election—of an unspecified illness. According to the _Gillette News Record_, Edwards was admitted to the hospital last week with the unknown condition.
* Edwards’ name remained on the ballot unopposed on Nov. 3. During the Aug. 18 primary, he won 57.5% of the vote against challenger Tom Murphy ([link removed]) . The Campbell County Republican Party will recommend three replacements for the vacancy no later than Nov. 18.
* District 53 had been represented by Edwards since 2015, after then-incumbent Gregg Blikre ([link removed]) (R) didn’t seek re-election. It’s the only vacancy ([link removed]) in the Wyoming House of Representatives.

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** MAINE, MASSACHUSETTS REMOVE SOCIAL DISTANCING EXCEPTIONS FROM MASK ORDERS
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* On Nov. 4, Maine Gov. Janet Mills ([link removed]) (D) expanded the state’s face covering requirement to mandate masks in all indoor and outdoor public spaces regardless of social distancing ability. On Nov. 6, Massachusetts Gov. Charlie Baker ([link removed]) (R) made the same change to the mask order in his state. In both states, public spaces include both indoor places (like businesses) and outdoor locations (like sidewalks). Previously, Maine and Massachusetts only required masks in public when social distancing was not possible. 
* Thirty-three states have statewide orders ([link removed]) 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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** NEW YORK REPLACES QUARANTINE RESTRICTIONS FOR TRAVELERS WITH TESTING REQUIREMENT
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* On Oct. 31, New York ([link removed]) Gov. Andrew Cuomo ([link removed]) (D) announced a new testing requirement for incoming travelers. The policy replaces the joint quarantine list previously maintained alongside Connecticut ([link removed]) and New Jersey ([link removed]) . It requires visitors and returning residents to take a COVID-19 test within three days of arriving in New York. Visitors will need to quarantine for three days and take another test on the fourth day. If both tests come back negative, the quarantine can end. 

* The policy took effect on Nov. 4 and does not apply to travelers from states that border New York.

*  On Nov. 4, D.C. ([link removed]) Mayor Muriel Bowser ([link removed]) (D) announced a new advisory that requires visitors to the city to take a COVID-19 test within 72 hours of traveling. Visitors who are in the city for longer than three days are asked to take a test within 3-5 days of arrival. The advisory asks those who test positive or come into contact with someone who tested positive to refrain from entering the city.
* On Nov. 5, Maryland Gov. Larry Hogan ([link removed]) (R) renewed the state’s travel advisory, which asks residents to refrain from traveling to states with a positivity rate of 10% or higher. Residents who travel to a state that meets that threshold are asked to take a test and quarantine until results come back.

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** BALLOT MEASURES UPDATE
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* There were 120 statewide measures on the ballot in 32 states on Nov. 3. As of Nov. 5 at 11:00 pm, Ballotpedia had called 80 measures as approved and 22 as defeated. The remaining 18 were uncalled.
* Click here ([link removed]) to see all ballot measure election results, including highlighted measures.

* 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 ([link removed]) in 34 states.

* Forty-three of the certified measures were citizen-initiated measures. Eighty-one were legislative referrals. One was an automatic constitutional revision commission question. Four were advisory measures in Washington. 

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** SPECIAL ELECTIONS
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* Fifty-nine state legislative special elections ([link removed]) have been scheduled in 27 states so far this year, with 55 elections having taken place already. Heading into those races, Democrats had previously controlled 20 of the seats, while Republicans previously controlled 35. 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 ([link removed]) : 30, 2012 ([link removed]) : 46, 2014 ([link removed]) : 40, 2016 ([link removed]) : 66, 2018 ([link removed]) : 99).
* An average of 88 seats were filled through special elections in each of the past five odd years (2011 ([link removed]) : 94, 2013 ([link removed]) : 84, 2015 ([link removed]) : 88, 2017 ([link removed]) : 98, 2019 ([link removed]) : 77).

* Upcoming special elections include:

* November 17

* Alabama State Senate District 26 (primary) ([link removed])
* Alabama House of Representative District 49 ([link removed])

* November 24

* Mississippi House of Representatives District 87 (runoff) ([link removed])

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** STATES IN SESSION

[STATES IN SESSION]
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Six states—Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania—are in regular session ([link removed]) .
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