Pennsylvania Secretary of the Commonwealth resigns after error in constitutional amendment process

• • Gov. Tom Wolf (D) announced on Feb. 1 that Pennsylvania Secretary of the Commonwealth Kathy Boockvar (D) would resign effective Feb. 5 after her office failed to advertise a constitutional amendment as the state constitution requires. Voters could have decided the constitutional amendment in the election on May 18, 2021, but the two-session process will need to restart. The earliest the amendment could be referred to the ballot through the state’s two-session process is now May 16, 2023. 
  • The constitutional amendment would have created a two-year period in which persons can file civil suits arising from childhood sexual abuse that would otherwise be considered outside the statute of limitations. A 2018 grand jury report that investigated child sexual abuse in the Roman Catholic Church recommended the two-year litigation window.
  • According to the default process in Pennsylvania, a constitutional amendment must be approved at two successive sessions of the legislature. During the 2019-2020 legislative session, both legislative chambers approved the amendment. It was reintroduced during the 2021-2022 session, and the state House re-approved it on Jan. 27.
  • The Pennsylvania Constitution (Section 1 of Article XI) required Secretary of the Commonwealth Kathy Boockvar (D) to publish the constitutional amendment in at least two newspapers in each of the state's 67 counties during each of the three months before the general election following approval in the first legislative session (Nov. 3, 2020). On Feb. 1, the Pennsylvania Department of State announced that officials did not advertise the constitutional amendment as required. The department's press release said, "While the department will take every step possible to expedite efforts to move this initiative forward, the failure to advertise the proposed constitutional amendment means the process to amend the constitution must now start from the beginning.” 
  • In Pennsylvania, the state legislature can declare that a “major emergency threatens or is about to threaten the Commonwealth” and refer a constitutional amendment to the ballot in one session through a two-thirds vote. Rep. Mark Rozzi (D) proposed using this emergency process for the constitutional amendment concerning sexual abuse. The amendment in question was approved by more than 85% of legislators in both chambers in 2019.
  • Thirty-six state constitutions have a publication requirement for proposed constitutional amendments. Most require public notice before the election at which voters are to decide a constitutional amendment. In six states (out of 13) with a two-session process for legislatively referred constitutional amendments, there are constitutionally mandated publication requirements in between approval in the first legislative session and the second legislative session. Those states are Iowa, Nevada, New York, Pennsylvania, Tennessee, and Wisconsin.

Fabian Doñate, Tracy Brown-May appointed to Nevada Legislature

• • Fabian Doñate (D) and Tracy Brown-May (D) were appointed to the Nevada Legislature on Feb. 2 by the Clark County Commission, filling two seats that became vacant earlier this year. Both new legislators will serve terms that expire in Nov. 2022. 
  • Doñate was appointed to represent District 10 in the state Senate. The district became vacant in January when Yvanna Cancela (D) resigned to take a position with the U.S. Department of Health and Human Services.
  • Brown-May was appointed to represent District 42 in the state Assembly, which became vacant when Alexander Assefa (D) resigned in January amid a campaign finance investigation. 
  • When a vacancy occurs in the Nevada Legislature, the board of county commissioners in the county representing the seat must choose a replacement. They must select someone from the same political party that last held the seat.

Kentucky among states expanding vaccine distribution

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

• • Kentucky residents in Phase 1B (including people age 70 and older) of vaccine distribution became eligible for appointments on Feb. 1. Previously, individuals in Phase 1B and Phase 1C had been scheduled to become eligible on the same day.
  • In Indiana, people 65 and older became eligible to receive the coronavirus vaccine on Feb. 1. The state has not announced when the next expansion (to include individuals ages 60 through 64) will happen.
  • Massachusetts residents age 75 and older began receiving the coronavirus vaccine on Feb. 1. Fenway Park also joined Gillette Stadium as a mass vaccination site.
  • Vaccine eligibility in Ohio expanded on Feb. 1 to people 70 and older and K-12 staff and teachers who want to return to in-person instruction.

Heather Steans resigns from Illinois state Senate

• • Sen. Heather Steans (D) resigned from the Illinois state Senate on Jan. 31. She represented District 7 from 2008 to 2021. Steans ran uncontested for re-election on Nov. 3. According to ABC 7, Steans said she was resigning because “it's time for fresh faces and new energy...I've benefited tremendously from the many perspectives of the people I've represented. We've made great progress together, and now it's time to pass the baton.”
  • If there is a vacancy in the state Senate, the Illinois Constitution mandates that the seat must be filled within 30 days by the respective party organizations covering the legislative district.
  • There have been 22 vacancies in 17 state legislatures so far this year. Four of those vacancies have been filled, with 18 still unfilled. Stean’s vacancy is one of ten Democratic vacancies to have occurred in 2021.

North Carolina releases new school reopening guidance

• • North Carolina Gov. Roy Cooper (D) announced new guidance regarding schools on Feb. 2 and encouraged public K-12 schools to reopen for full-time in-person instruction. The guidance says elementary schools should reopen under Plan A, which does not require social distancing. Middle and high schools should reopen under Plan B, which does require social distancing. Districts still have to provide a remote learning option for families that choose to opt in. 
  • Cooper said he wants to leave the final reopening decisions to school districts. Previously, the state only permitted hybrid or fully remote instruction for middle and high school students.
  • Nationwide:
    • Washington, D.C. has a district-ordered school closure.
    • Five states (Calif., Del., Hawaii, N.M., W.Va.) have state-ordered regional school closures, required closures for certain grade levels, or hybrid instruction only.
    • Four states (Ark., Fla., Iowa, Texas) have state-ordered in-person instruction.
    • Forty-one states leave decisions to schools or districts.

Regional face-covering requirement in Mississippi extended to March

• • On Feb. 3, Mississippi Gov. Tate Reeves (R) extended the state’s regional mask order and Safe Return order (including the 10-person indoor and 50-person outdoor gathering limits) until Mar. 3 at 5 p.m. The face-covering requirement applies to 75 of the state’s 82 counties. 
  • Thirty-seven states have statewide orders 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.

State, local officials test positive for coronavirus

• • Iowa state Rep. Amy Nielsen (D), who represents District 77, announced on Jan. 30 that she tested positive for COVID-19. 
  • Nebraska Gov. Pete Ricketts (R) announced on Feb. 1 that he would self-quarantine after coming into contact with someone who tested positive for COVID-19.
  • New York City mayoral candidate Andrew Yang (D) announced on Feb. 2 that he tested positive for COVID-19.
  • San Antonio City Councilmember Clayton Perry, who represents District 10, announced on Feb. 2 that he tested positive for COVID-19. 
  • New York City Council candidate Jessica Haller (New Leadership) announced on Feb. 2 that she tested positive for COVID-19. Haller is running to represent District 11. 
  • North Carolina state Sen. Natasha Marcus (D), who represents District 41, announced on Feb. 3 that she tested positive for COVID-19.

Ballotpedia releases January partisan count for state legislatures

• • According to Ballotpedia’s January partisan count of the 7,383 state legislators across the United States, 54.3% of all state legislators are Republicans and 44.9% are Democrats. 
  • Ballotpedia tallies the partisan balance of state legislatures, or which political party holds the majority of seats in each chamber, at the end of every month. Before the general election, Republicans held a majority in 59 chambers and Democrats held a majority in 39 chambers, with Alaska’s House of Representatives organized under a power-sharing agreement. After the elections, Republicans control 61 chambers, and Democrats hold 37. Control of Alaska’s state House remained undetermined as of Feb. 4.
  • Nationally, there are 1,953 state senators and 5,366 state representatives. Democrats hold 864 state Senate seats and 2,448 state House seats. Republicans hold 4,007 total seats—1,089 in state Senates and 2,918 in state Houses. Independent or third-party legislators hold 36 seats: 31 state House seats and five state Senate seats. There are 28 vacant seats.

Oklahoma school districts to hold primary elections

• • Nonpartisan primary elections for school board seats in Oklahoma will be held on Feb. 9. Candidates are competing to advance to the general election scheduled for April 6. The filing deadline was on Dec. 9, 2020.
  • Five school districts within Ballotpedia’s coverage scope are holding primary elections for five seats. In Oklahoma, school districts cancel primary elections if fewer than three candidates file to run for each seat up for election, and the candidates automatically advance to the general election. Both the primary and general elections are canceled if only one candidate files for a seat up for election, and the unopposed candidate is automatically elected. The school districts holding primary elections are:
    • Edmond Public Schools
    • Owasso Public Schools
    • Putnam City Schools
    • Tulsa Public Schools
    • Oklahoma City Public Schools
  • In all, a total of 33 school board seats across 26 Oklahoma school districts covered by Ballotpedia are up for election in 2021.
  • The largest school district covered by Ballotpedia and holding elections in Oklahoma in 2021 is Oklahoma City Public Schools. The district served 39,806 students during the 2016-2017 school year.

Ballot measures update

• • Twelve statewide measures have been certified for the 2021 ballot so far.
    • Three new measures were certified for the May 18 ballot in Pennsylvania last week:
      • Pennsylvania Equal Rights Regardless of Race or Ethnicity Amendment
      • Pennsylvania Emergency Declarations Amendment
      • Pennsylvania Legislative Resolution to Extend or Terminate Emergency Declaration Amendment
  • Signatures have been submitted for one additional 2021 initiative in Maine.
  • Four statewide measures have been certified for the 2022 ballot.
    • No new measures were certified for the ballot last week.
  • Signatures have been submitted for five additional 2022 initiatives in California, Michigan, and Oklahoma.

State legislative special elections

• • Twenty-six state legislative special elections have been scheduled in 16 states so far this year, with four elections having taken place already. Heading into those races, Democrats had previously controlled two of the seats, and Republicans previously controlled two.
    • 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:
    • Feb. 9
      • Georgia House of Representatives District 90 (primary)
      • Oklahoma State Senate District 22 (primary)
    • Feb. 16
      • Wisconsin State Senate District 13 (primary)
      • Wisconsin State Senate District 89 (primary)
    • Feb. 23
      • New Hampshire House of Representatives Hillsborough 21 District
      • Texas House of Representatives District 68 (runoff)

States in Session