** WELCOME TO THE STATE AND LOCAL TAP.
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** DECEMBER 5, 2020
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2020 elections aren't quite done, with voters heading to the polls in Louisiana today. We're glad you are here with us regardless of how many elections are left this year. Let's dive into this week's news.
Read the full Tap online ([link removed]) [link removed]
** PARTISAN CONTROL OF ALASKA HOUSE STILL UNDETERMINED FOLLOWING CERTIFICATION OF ELECTION RESULTS
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Here’s a summary of key state-level election results since our last edition on Nov. 21.
* The Alaska Division of Elections certified general election results on Nov. 30. The certified winners for the 40 state House seats included 21 Republicans, 15 Democrats, and four candidates associated with neither party.
* Although Republicans will have a majority of seats, final control of the Alaska House could go to a minority coalition. In 2018 ([link removed]) , Democrats joined with independent candidates and eight Republicans to form a governing coalition after Republicans won a 23-seat majority.
* If Republicans win control of the Alaska House, they stand to gain a state government trifecta ([link removed]) in Alaska. A state government trifecta occurs when one party controls the governorship and majorities in both chambers of the state legislature.
* There were 21 Republican trifectas and 15 Democratic trifectas heading into the election. Republicans gained trifectas in Montana and New Hampshire and stand to potentially gain one more in Alaska. Democrats neither gained nor lost trifectas. The 38 trifectas (39 if Republicans gain a trifecta in Alaska) is the most nationwide since at least 1992.
* A state government triplex ([link removed]) occurs when the governor, attorney general, and secretary of state are all members of the same party. Heading into the election, Republicans had 19 triplexes to Democrats’ 17. Republicans gained a triplex in Montana, while Democrats gained one in Oregon. Neither party lost a triplex this year.
** LOUISIANA VOTERS TO DECIDE STATEWIDE ELECTIONS
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Louisiana is holding its second round of elections ([link removed]) . The state has a majority-vote system ([link removed]) , meaning that all candidates running for a local, state, or federal office appear on the same ballot in November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast for the office, he or she wins the election outright. If no candidate meets that threshold, the top-two finishers advance to a second election in December. In that election, the candidate who receives the greatest number of votes wins. The statewide second-round elections are:
* Louisiana’s 5th Congressional District ([link removed]) : Republican candidates Lance Harris and Luke Letlow are running. Letlow and Harris received 33.1% and 16.6% of the vote, respectively, in the Nov. 3 election. Incumbent Ralph Abraham (R) did not seek re-election. A Republican has represented the district since 2004.
* Louisiana Public Service Commission (District 1) ([link removed]) : Incumbent Eric Skrmetta (R) and Allen Borne Jr. (D) are running. The two received 31.3% and 24.9% of the vote, respectively, in the Nov. 3 election. Skrmetta first joined the commission in 2009.
* Louisiana Supreme Court ([link removed]) : Elections for two members of the court are being held. Chief Justice Bernette Johnson (D) is standing for retention election for another 10-year term. There is also a special election for Marcus Clark’s (R) seat. Clark retired in June after nearly 11 years on the court.
* Appellate court judges ([link removed]) : Elections are being held for the First and Fifth Circuit Courts of Appeal.
* Louisiana Amendment 1 ([link removed]) : This statewide ballot measure would allow the governor to appoint at-large members to the boards of supervisors for the public university systems from out-of-state if there are multiple at-large seats and a member from the state fills at least one at-large seat. Amendment 1 is the first post-November statewide measure in Louisiana since at least 1974.
** MASSACHUSETTS, OHIO MODIFY TRAVEL RESTRICTIONS DUE TO PANDEMIC
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* On Nov. 28, the Massachusetts Department of Public Health removed ([link removed]) Vermont from the list of low-risk states, leaving Hawaii the only state in the country in that category. Travelers from low-risk states are exempt from the quarantine requirement, and do not need to fill out a travel form.
* On Dec. 2, the Ohio Department of Public Health updated ([link removed]) its travel advisory list to include Ohio, whose positive testing rate had exceeded 15%. The advisory urges travelers from states with a positivity rate of 15% or higher to self-quarantine upon arrival in Ohio.
* To date, 26 states issued at least one executive order restricting interstate travel. Of the 26 executive orders issued by governors or state agencies placing restrictions on out-of-state visitors, at least 14 have been rescinded.
[link removed]
** MISSISSIPPI GOVERNOR ADDS 13 COUNTIES TO ORDER REQUIRING FACE COVERINGS
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* On Dec. 1, Gov. Tate Reeves ([link removed]) (R) extended the state’s additional mitigation measures to 13 counties, bringing the total number of counties under the order to 54. The order limits gatherings to 10 people indoors and 50 people outdoors. It also requires masks in all indoor public places where social distancing cannot be maintained.
* Thirty-seven states have statewide orders ([link removed]) requiring individuals to wear masks in indoor or outdoor public spaces. All 24 states with a Democratic governor ([link removed]) have statewide mask orders, while 13 out of 26 Republican states require face coverings.
** PENNSYLVANIA SUPREME COURT DECLINES REQUEST TO BLOCK CERTIFICATION OF ELECTION RESULTS
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On Dec. 3, the Pennsylvania state supreme court declined ([link removed]) to block its own Nov. 28 order allowing for certification of the state's election results to proceed.
* On Nov. 21, a group of state Republican officials, candidates, and voters filed suit ([link removed]) in the Pennsylvania Commonwealth Court, alleging the state law allowing all voters to cast their ballots by mail violated the state constitution. They asked the court either to order election officials "to certify the results of the election based solely on the legal votes" or to direct "that the Pennsylvania General Assembly choose Pennsylvania's [presidential] electors."
* On Nov. 25, Judge Patricia McCullough ([link removed]) ordered election officials to temporarily halt "any further action to perfect the certification of the results of the 2020 general election ... for the offices of President and Vice President," pending an evidentiary hearing.
* On Nov. 28, the state supreme court unanimously reversed ([link removed]) McCullough's order, allowing certification to proceed and dismissing the plaintiffs' claims with prejudice. When a court dismisses a lawsuit with prejudice, it is making a final ruling on the merits and barring the plaintiff from filing another lawsuit in the same court on similar grounds.
** STATES IN SESSION
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[link removed] states—Massachusetts, Michigan, New Jersey, New York, and Ohio—are in regular session ([link removed]) .
** MASSACHUSETTS SUPREME COURT JUSTICE LENK RETIRES
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* Massachusetts Supreme Judicial Court ([link removed]) Justice Barbara Lenk ([link removed]) retired on Dec. 1, one day before she reached the mandatory retirement ([link removed]) age of 70. Governor Deval Patrick ([link removed]) (D) appointed Lenk in April 2011, and she was the first openly gay justice on the court. Before her appointment, Lenk was a judge on the Massachusetts Appeals Court ([link removed]) and Massachusetts Superior Courts ([link removed]) . Lenk received a B.A. from Fordham University in 1972, a Ph.D. in political philosophy from Yale University in 1978, and a J.D. from Harvard Law School in 1979.
* Under Massachusetts law, state supreme court justices are appointed by the governor and approved by the Massachusetts Governor's Council. Justices hold tenured appointments until they reach 70 years old, the mandatory retirement age. Governor Charlie Baker ([link removed]) (R) appointed Massachusetts Appeals Court Judge Dalila Wendlandt ([link removed]) to the state supreme court on Nov. 3. The Governor’s Council confirmed her appointment on Nov. 25, with a swear in date of Dec. 4.
* Baker has appointed all current members of the Massachusetts Supreme Judicial Court.
** STATE LEGISLATIVE 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 58 elections having taken place already. Heading into those races, Democrats had previously controlled 21 of the seats, while Republicans previously controlled 37. One seat flipped from Democratic control to Republican control, and seven 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:
* December 15
* Alabama State Senate District 26 (primary runoff) ([link removed])
* December 19
* Texas State Senate District 30 (runoff) ([link removed])
** NEW MEXICO SUPREME COURT JUSTICE NAKAMURA RETIRES
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* New Mexico Supreme Court ([link removed]) Justice Judith Nakamura ([link removed]) retired on Dec. 1. She originally planned to retire on Aug. 1 but postponed her retirement date in June. Governor Susana Martinez ([link removed]) (R) appointed Nakamura to the court in November 2015. Prior to her appointment, Nakamura was a judge on the New Mexico Second Judicial District Court ([link removed]) and the Bernalillo County Metropolitan Court ([link removed]) . She received an undergraduate degree from the University of New Mexico and a J.D. from the University of New Mexico School of Law.
* Under New Mexico law, state supreme court vacancies are filled through assisted gubernatorial appointment, where the governor selects a nominee based on recommendations from a judicial nominating commission. On Nov. 19, the judicial nominating commission recommended four candidates to the governor, two of which have served as District Court judges and two as Court of Appeals judges. Nakamura’s replacement will be Gov. Michelle Lujan Grisham’s ([link removed]) (D) third nominee to the five-member supreme court. The new appointee will stand for partisan election in November 2022.
* As of Dec. 2, two justices of the New Mexico Supreme Court were elected in partisan elections as Democrats, two were appointed by Lujan Grisham, and one seat was vacant. In 2020, there have been 22 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, while 21 were caused by retirements.
** VOTERS TO ELECT MAYOR, SIX COUNCIL MEMBERS IN BATON ROUGE, LOUISIANA
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* Baton Rouge, Louisiana, is holding second-round elections ([link removed]) for mayor, city council, local courts, and constables today.
* The state has a majority-vote system, meaning that all candidates running for a local, state, or federal office appear on the same ballot in November (in even-numbered years), regardless of their partisan affiliations. If a candidate wins a simple majority of all votes cast for the office, he or she wins the election outright. If no candidate meets that threshold, the top-two finishers advance to a second election in December. In that election, the candidate who receives the greatest number of votes wins.
** SONYA HALPERN WINS RUNOFF FOR GEORGIA STATE SENATE SEAT
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* A special Democratic primary election was held for Georgia State Senate District 39 ([link removed]) on Nov. 3.
* The special election was called when incumbent candidate Nikema Williams ([link removed]) (D) withdrew from the race. The Democratic Party of Georgia chose Williams to replace incumbent candidate John Lewis ([link removed]) (D) on the general election ballot for Georgia's 5th Congressional District race after his death on July 17, 2020.
* Because Williams was unopposed in the regular general election, no special general election was needed to replace her. When no candidates in the Nov. 3 primary received a majority of the votes, top-two vote-getters Sonya Halpern ([link removed]) and Linda Pritchett ([link removed]) advanced to the primary runoff. Halpern won the runoff after receiving 80.8% of the vote.
* As of December 2020 ([link removed]) , 59 state legislative special elections have been scheduled for 2020 in 27 states. Between 2011 and 2019, an average of 77 special elections took place each year. Georgia has held 63 state legislative special elections from 2010 to 2019.
** BALLOT MEASURES UPDATE
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* There were 120 statewide measures on the ballot in 32 states on Nov. 3. As of Dec. 4, Ballotpedia had called 88 measures as approved and 31 as defeated. The remaining one was too close to call.
* 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.
* On Dec. 5, Louisiana voters will decide a constitutional amendment ([link removed]) that would allow the governor to appoint at-large members to the boards of supervisors for the public university systems from out-of-state if there are multiple at-large seats and at least one at-large seat is filled by a member that resides within the state.
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