State Politics: The Week in Review

Padilla resigns as California secretary of state before Senate swearing-in

• Alex Padilla (D) resigned as California’s secretary of state on Jan. 18 ahead of his swearing-in as a U.S. Senator. Padilla was sworn in to the Senate on Jan. 20.
• Padilla was appointed by Gov. Gavin Newsom (D) on Dec. 22 to replace Kamala Harris (D), who was elected vice president. 
• Newsom also announced on Dec. 22 that he had selected California State Assemblywoman Shirley Weber (D) to replace Padilla as secretary of state. Weber’s nomination is subject to confirmation by the state senate. 

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North Dakota becomes second state to allow face-covering requirement to expire

• North Dakota Gov. Doug Burgum (R) allowed the state’s public face-covering mandate to expire on Jan. 18. Burgum first issued the requirement on Nov. 14, 2020. North Dakota is the second state that allowed a statewide order to expire. The first was Mississippi on Sep. 30.. 
• Thirty-seven states have statewide orders in effect requiring individuals to wear masks in indoor or outdoor public spaces. All 23 states with a Democratic governor have statewide mask orders, while 14 out of 27 Republican states require face coverings.

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Kansas among states starting next phase of coronavirus vaccinations

Here are the notable changes to vaccine availability and distribution in various states during the past week: 

• Kansas started Phase 2 of its vaccine distribution plan on Jan. 21. Individuals over the age of 65, high-contact essential workers (including police officers, grocery store workers, and school staff), and congregate care workers and residents (including in prisons and homeless shelters) are now eligible to receive the vaccine.
• Delaware began Phase 1B of vaccine distribution on Jan. 19. The phase prioritizes individuals age 65 and older. School staff and childcare workers are scheduled to become eligible for the vaccine the week of Jan. 25.
• Montana Gov. Greg Gianforte (R) moved the state into Phase 1B of vaccine distribution on Jan. 19. The phase includes individuals age 70 and older, people with high-risk medical conditions, and “Native Americans and other persons of color who may be at elevated risk for COVID-19 complications.”

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Pennsylvania state Senator David Arnold dies

• Pennsylvania State Senator David Arnold (R) died from brain cancer on Jan 17. Prior to serving in the Senate, Arnold was the district attorney for Lebanon County for 14 years.
• Arnold was elected to the 48th District seat in a special election on Jan. 14, 2020. The seat became vacant after Mike Folmer (R) resigned on Sep. 18, 2019, after being charged with possession of child pornography.
• If there is a vacancy in the Pennsylvania legislature, a special election must be held. The presiding officer in the chamber where the vacancy occurred must call for the election. There are no deadlines set in the state constitution on when a special election should be held.
• This is the second vacancy in the Pennsylvania state legislature so far in 2021. Mike Reese (R) died from a brain aneurysm on Jan. 2, leaving a vacancy in the District 59 seat of the Pennsylvania House of Representatives.
• So far in 2021, there have been 20 state legislative vacancies in 16 states. Two of those vacancies have been filled.

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Six state elected officials test positive for COVID-19

• On Jan. 17, Pennsylvania state Rep. Aaron Kaufer (R), who represents District 120, announced he tested positive for COVID-19.
•  On Jan. 18, North Carolina state Rep. Brian Turner (D), who represents District 116, announced he tested positive for COVID-19.
• On Jan. 18, Arkansas state Rep. Keith Slape (R), who represents District 83, announced he tested positive for COVID-19.
• On Jan. 18, North Carolina state Rep. William Rabon (R), who represents District 8, announced he tested positive for COVID-19. 
• On Jan. 18, North Dakota state Sen. Terry Wanzek (R), who represents District 29, announced he tested positive for COVID-19.
• On Jan. 20, Arkansas state Rep. Lanny Fite (R), who represents District 23, announced he tested positive for COVID-19. 

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New Mexico, West Virginia allow schools to reopen after holiday closures

• Schools in areas of New Mexico with lower coronavirus transmission rates were permitted to begin reopening for in-person or hybrid instruction on Jan. 18.
• Starting Jan. 19, all public and private pre-K, elementary, and middle schools in West Virginia were required to resume full-time in-person or hybrid (at least two in-person days every week) instruction, regardless of their county’s coronavirus transmission rates. High schools are still required to close if they are located in counties the Department of Health and Human Resources classifies as red in the County Alert System map.
• Nationwide:
  • Washington, D.C., had a district-ordered school closure.
  • Six states (Calif., Del., Hawaii, N.C., N.M., W.Va.) had state-ordered regional school closures, required closures for certain grade levels, or allowed hybrid instruction only.
  • Four states (Ark., Fla, Iowa, Texas) had state-ordered in-person instruction.
  • Forty states left decisions to schools or districts.

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Judith French appointed Ohio Director of Insurance

• Ohio Gov. Mike DeWine (R) appointed Judith French (R) on Jan. 19 to be the state’s director of insurance, succeeding interim director Tynesia Dorsey. 
• Prior to her appointment, French served on the Ohio Supreme Court from 2013 to 2021. She was first appointed to the court by Gov. John Kasich (R). She ran for re-election to the seat and was defeated in the general election on Nov. 3 by Jennifer L. Brunner (D).
• The director of insurance is a cabinet-level executive position in the Ohio state government that is responsible for ensuring the laws and regulations related to insurance are enforced across the state.
• The office of insurance commissioner is nonpartisan in 38 states. The 12 states in which the position is partisan include the 11 states where the insurance commissioner is elected, as well as Ohio. Of the 12 states where the insurance commissioner has a partisan affiliation, the office is held by a Republican in nine states and a Democrat in three.

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Manar resigns from Illinois state Senate

• Illinois State Sen. Andy Manar (D) resigned on Jan. 17 to become a senior advisor to Gov. J.B. Pritzker (D). He will provide counsel on the state’s economy and plans for the COVID-19 recovery. 
• Manar was elected to represent District 48 in the Illinois state Senate in 2012 and was re-elected in 2014. He was most recently re-elected in 2018, defeating Seth McMillan (R) 56.8% to 43.2%. 
• Illinois state Senator Heather Steans also announced that she will be resigning, effective on Jan. 31. Steans said that one reason why she decided to leave office was to focus more on family obligations. Her successor will be chosen by Democratic committee members from the wards in the 7th Senate District.
• The Illinois State Senate is the upper chamber of the Illinois General Assembly. Vacancies in the state Senate are filled within 30 days by appointment by the political party that last held the seat. With Manar’s departure, the current partisan breakdown of the chamber is 40 Democrats, 17 Republicans, and two vacancies.

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Ballot Measures Update

• Nine statewide measures have been certified for the 2021 ballot so far.
  • One measure was certified last week. The New York State Assembly approved an amendment on Jan. 20 to make changes to the redistricting process in New York, including for the redistricting cycle that will be based on the 2020 U.S. Census. Since the Senate approved the amendment on Jan. 12 and the legislature also approved the amendment in 2020, it will go on the Nov. 2 ballot.
  • The Senate approved the amendment on Jan. 12 by a vote of 42 to 20. Senate Democrats voted 'yes' on the amendment, and Senate Republicans voted 'no' on the amendment. The Assembly approved the amendment 100 to 50. Ninety-nine of 106 Democrats voted 'yes' on the amendment, and seven Democrats and all 43 Republicans voted 'no' on the amendment.
• Signatures have been submitted for one additional 2021 initiative.
  • The campaign No CMP Corridor reported filing more than 100,000 signatures for a ballot initiative in Maine to prohibit the construction of electric transmission lines in the Upper Kennebec Region and require a two-thirds vote of each state legislative chamber to approve high-impact electric transmission lines. The campaign needs 63,067 valid signatures to qualify the measure to go before the legislature and then to the ballot if the legislature doesn’t enact it.
• One statewide measure has been certified for the 2022 ballot.

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Special Elections

• Twenty-three state legislative special elections have been scheduled in 16 states so far this year, with three elections having taken place already. Heading into those races, Democrats had previously controlled two of the seats, while Republicans previously controlled one.
  • In special elections between 2011 and 2020, one party (either Republicans or Democrats) saw an average net gain of four seats nationally each year.
  • An average of 57 seats were filled through special elections in each of the past six even years (2010: 30, 2012: 46, 2014: 40, 2016: 66, 2018: 99 2020: 59).
  • 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:
  • January 23
    • Texas House of Representatives District 68
  • January 26
    • Iowa State Senate District 41
  • February 9
    • Georgia House of Representatives District 90 (primary)
    • Oklahoma State Senate District 22 (primary)

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States in session

41 states—Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin—are in regular session.