Welcome to the State and Local Tap!
February 13, 2021
Welcome to the February 13th edition of the State and Local Tap! This week, in addition to other topics, we're covering the Wisconsin spring primaries, appointments of state officials, and Montezuma-Cortez School District recall race in Colorado.
Ballot Measures Updates
State Politics: The Week in Review
Saturday, February 6
Doris Turner, Mike Simmons appointed to Illinois state Senate
- Two new state legislators were appointed to fill vacancies in the Illinois state Senate on Feb. 6. Doris Turner (D) was appointed by the Democratic county chairs of the 48th Legislative District Committee to fill the seat formerly occupied by Andy Manar (D). Manar left office in January in order to take a position as senior advisor to Illinois Governor J.B.
Pritzker (D).
- At the time of her appointment, Turner served as Ward 3 alderman for the city of Springfield, Illinois. She previously worked for the State of Illinois for 33 years, 22 of which were with the Illinois Department of Public Health.
- Mike Simmons (D) was appointed by the Cook County Democratic Party committee to fill the District 7 seat left vacant by the retirement of Heather Steans (D) in January. Steans cited a need for “fresh eyes and fresh energy,” and that it was “time to pass the baton.” Simmons is the founder of Blue Sky Strategies & Co. and previously worked as a policy director for Chicago Mayor Rahm Emanuel and for U.S. Senator Dick Durbin (D-IL).
- When a vacancy occurs in the Illinois state Senate, the Illinois Constitution requires that it be filled by appointment by the political party that last held the seat. The new legislator must be chosen by the party organization covering the legislative district within 30 days.
- The Illinois state Senate is the upper chamber of the Illinois General Assembly. With the appointments of Turner and Simmons, the current partisan breakdown of the chamber is 41 Democrats, 18 Republicans, and no vacancies.
Sunday, February 7
Nine state officials test positive for COVID-19, New Jersey governor self-quarantines
- Montana state Rep. Brian Putnam (R) announced he tested positive for COVID-19 on Feb. 7.
- Massachusetts Treasurer Deb Goldberg (D) announced she tested positive for COVID-19 on Feb. 7.
- Florida state Sen. Jim Boyd (R) announced he tested positive for COVID-19 on Feb. 8.
- South Dakota state Rep. Aaron Aylward (R) announced he tested positive for COVID-19 on Feb. 8.
- South Dakota state Rep. Chris Karr (R) announced he tested positive for COVID-19 on Feb. 8.
- South Dakota state Rep. Tamara St. John (R) announced she tested positive for COVID-19 on Feb. 10.
- New Jersey Gov. Phil Murphy (D) announced he would enter a self-quarantine on Feb. 10, after a member of his family tested positive for COVID-19.
- Montana state Sen. Jason Ellsworth (R), who chairs the COVID-19 panel, announced on Feb. 10 that state Rep. Becky Beard (R) tested positive for COVID-19.
- South Dakota state Rep. Taffy Howard (R) announced she tested positive for COVID-19 on Feb. 11.
- South Dakota state Rep. Nancy York (R) announced she tested positive for COVID-19 on Feb. 11.
Tuesday, February 9
West Virginia Supreme Court rules in favor of governor’s legislative appointment
- The Supreme Court of Appeals of West Virginia ruled on Feb. 9 in favor of Gov. Jim Justice’s (R) appointment of Joshua Booth (R) to the West Virginia House of Delegates District 19.
- On Jan. 22, the Wayne County Republican Executive Committee nominated Booth and two others to replace Rep. Derrick Evans (R), who resigned after being charged with entering a restricted public building and violent entry and disorderly conduct on Capitol grounds. Gov. Justice approved the nomination and formally appointed Booth on Jan. 27.
- According to West Virginia law, the executive committee of the political party that holds the seat can submit a list of three candidates to the governor in case of a vacancy.
- The Wayne County Republican Executive Committee sent three potential nominees to Gov. Justice on Jan. 13 for the District 19 seat: Mark Ross, Chad Shaffer, and Jay Marcum. Justice's chief of staff, Brian Abraham (R), subsequently told the committee that Justice wanted a new list of names because the acting chairman of West Virginia’s Republican Party had not been involved in the original nomination process.
- The executive committee’s second nomination list included Mark Ross, Chad Shaffer, and Joshua Booth. According to the Charleston Gazette-Mail, after Justice formally appointed Booth on Jan. 27, the Wayne County Republican Executive Committee petitioned the state’s court of last resort "to force the governor to choose from the first list of candidates submitted, saying state law doesn’t give the governor discretion to reject the list provided by local party executive committees."
- The West Virginia Supreme Court heard the case on Feb. 9 and decided to not issue a writ to overturn the appointment. According to WCHS-TV, the court plans on releasing a detailed opinion at a later date. Booth was sworn in on Feb. 10.
Jasmine Blackwater-Nygren appointed to Arizona state House
- The Apache County Board of Supervisors appointed Jasmine Blackwater-Nygren (D) on Feb. 9 to represent District 7 in the Arizona House of Representatives. Blackwater-Nygren fills the seat left vacant by the resignation of Arlando Teller (D) in January.
- Teller resigned in order to take a position in the Biden administration as deputy assistant secretary for tribal affairs in the U.S. Department of Transportation. He had represented District 7 since 2019. Blackwater-Nygren is a graduate of Stanford University, and she received a J.D. from Arizona State University in 2020. She will serve the remainder of Teller’s term, which expires in 2023.
- When a vacancy occurs in the Arizona state legislature, the board of county supervisors must select a replacement. With Blackwater-Nygren’s appointment, the partisan breakdown of the Arizona House of Representatives will be 31 Republicans, 29 Democrats, and no vacancies.
Thursday, February 11
Connecticut among states expanding vaccine distribution
Here are some notable changes to vaccine availability and distribution in various states during the past week:
- In Connecticut, individuals age 65 and older became eligible to register for vaccination appointments on Feb. 11. Previously, only people age 75 and older were eligible for vaccinations.
- In Alabama, individuals age 65 and older and certain frontline essential workers (including corrections officers and grocery store staff) became eligible to receive vaccinations on Feb. 8. Previously, appointments were limited to individuals age 75 and older.
- In South Dakota, people age 75 and older became eligible for vaccination on Feb. 8. Previously, Phase 1D only allowed people age 80 and over to receive a vaccine.
North Carolina House advances bill that would require school districts to provide in-person instruction
- The North Carolina House of Representatives voted 77-44 on Feb. 11 to advance a bill that would require school districts to provide the option of in-person instruction for all students. Families would be able to choose remote instruction. All Republicans and five Democrats in the chamber supported the bill.
- The state Senate passed a similar bill 29-15 on Feb. 9, but the chamber refrained from holding a final vote on the state House’s version of the bill. The state House bill contains modifications distinguishing it from the state Senate bill, including a provision that would allow special accommodations for educators who have conditions that increase their risk of severe illness from COVID-19. No Republicans opposed the state Senate bill, and two Democrats voted in favor of it.
- The chambers are negotiating on a final version of the bill. Both chambers could vote on the final bill as early as Feb. 15.
- Nationwide:
- Four states (Calif., Del., Hawaii, N.M.) and Washington, D.C. 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.
- One state (W.Va.) had state-ordered in-person instruction for certain grades.
- Forty-one states left decisions to schools or districts.
Alaska House of Representatives elects speaker
- The Alaska House of Representatives voted 21-19 on Feb. 11 to elect Louise Stutes (R) speaker of the House. Her election ended over three weeks of deadlock in the chamber, which was equally divided between a Republican faction and a multi-partisan bloc of representatives including Stutes, 16 Democrats, and three independents. Control of the Alaska House was unclear following the 2020 elections. Republicans won 21 seats, Democrats won 15, and independents won four.
- Kelly Merrick (R), a member of the 20-member Republican bloc of the House, cast the tie-breaking vote for Stutes. The House votes on previous nominees for speaker split evenly, including votes on nominees Bart LeBon (R), Laddie Shaw (R), and Neal Foster (D). Josiah Patkotak (I) was elected temporary speaker on Feb. 4.
- After the 2018 elections, the Alaska House was similarly divided and did not elect a speaker until Feb. 14, 2019, when a coalition of 15 Democrats, four Republicans, and two independents elected Bryce Edgmon (I) as House speaker.
- With a multi-partisan coalition leading the House, Alaska will remain under a divided government, with Republicans controlling both the state Senate and the governorship.
Friday, February 12
Filing deadline passes for Texas’ May 1 school board elections
- The filing deadline to run for school board in 57 Texas districts is on Feb. 12. The general election is scheduled for May 1, 2021.
- If no candidate wins the majority of the vote in the general election, the top two vote-getters will advance to a runoff election. The date of the runoff election varies by school district.
- Some school boards in Texas hold elections in November. Six school districts covered by Ballotpedia will have general elections on Nov. 2, 2021.
- During the 2016-17 school year, 1,955,339 students were enrolled in the 57 districts holding elections in May.
Montana, Iowa lift mask requirements
- Montana Gov. Greg Gianforte (R) announced he was lifting the state’s face-covering requirement on Feb. 12. Former Gov. Steve Bullock (D) issued the face-covering requirement on July 15, 2020.
- Iowa Gov. Kim Reynolds (R) lifted her state’s mask order on Feb. 7. Reynolds first issued the face-covering requirement on Nov. 17.
- Montana is the fourth state to lift a statewide mask order. Iowa was the third state to lift a statewide public mask mandate. In total, 39 states have issued statewide mask requirements. Thirty-five states currently have statewide mask orders, including all 23 states with Democratic governors and 12 out of the 27 states with Republican governors.
Special Elections
- Twenty-six state legislative special elections have been scheduled in 16 states so far this year, with five elections having taken place already. Heading into those races, Democrats had previously controlled two of the seats, and Republicans previously controlled three.
- 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:
State Politics: What's on Tap Next Week
Tuesday, February 16
Wisconsin voters to decide spring primaries
- The statewide spring primary for Wisconsin is on Feb. 16. The filing deadline to run was Jan. 5. If two or fewer candidates filed for each seat on the ballot, the primary was canceled and the candidates automatically advanced to the general election on April 6.
- Wisconsin’s spring elections feature nonpartisan offices and the fall elections feature partisan offices. However, two partisan state legislative special elections are on the otherwise nonpartisan ballot.
- Wisconsin State Senate District 13 became vacant on Jan. 1 after Scott Fitzgerald (R) was elected to the U.S. House.
- Wisconsin State Assembly District 89 became vacant on Dec. 2, 2020, after John Nygren (R) resigned his seat to work in the private sector.
- Candidates are also running in nonpartisan elections for the following offices:
- The general election ballot will feature more offices, including three state appellate court seats.
States in Session
46 states—Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming—are in regular session.
Local Politics: The Week in Review
- In 2021, Ballotpedia is providing comprehensive coverage of elections in America's 100 largest cities by population and all state capitals. This encompasses every office on the ballot in these cities, including their municipal elections, trial court elections, school board elections, and local ballot measures. Ballotpedia also covered all local recall elections as well as all local ballot measures in California and a selection of notable local ballot measures about elections and police-related policies. Recent and upcoming local ballot measure elections are listed below:
- March 2 in California: Voters in nine local jurisdictions are voting on nine local ballot measures in Fresno County, Los Angeles County, Marin County, Riverside County, and Sonoma County.
- Five parcel tax measures
- A school district reorganization measure
- A measure on short-term rental regulations
- An appropriations limit increase measure
- A hotel tax measure
- March 2 in Vermont: Voters in Burlington will decide one local charter amendment that would enact ranked-choice voting for city council elections.
Local Politics: What's on Tap Next Week
Tuesday, February 16
Voters in Colorado school district to decide recall election on Feb. 16
- A recall election seeking to remove Lance McDaniel from his position as the District A representative on the Montezuma-Cortez School District Board of Education in Colorado is being held on Feb. 16, 2021.
- The recall election ballot has two questions. One asks if voters are in favor of recalling McDaniel with the option to vote yes or no. The other question lists the successor candidates. If a majority of voters cast ballots in favor of recalling McDaniel, the successor candidate who receives the most votes will replace him on the board. If a majority of voters cast ballots against recalling McDaniel, he will retain his position on the board.
- The filing deadline for successor candidates was Jan. 8. Cody Wells was the only candidate to file.
- The recall effort started in July 2020. Recall supporters said McDaniel had shown a "lack of leadership and has proven to be a poor role model for our children," regarding several of his social media posts. The petition stated, "We need school board members that understand leadership and the power of mentoring, and know not to voice their personal, political, or social opinions that could influence children."
- McDaniel said he was not concerned about the recall effort. “When it gets down to it, I’m a loudmouth liberal, and they don’t like that,” he said. McDaniel said he stood by his social media posts. “The conservatives don’t like the fact that there are some more progressive people in the town,” he said.
- To get the recall on the ballot, supporters of the effort had to submit 1,126 signatures in 60 days. The number of signatures was equal to 40% of the citizens in the school district who voted in the last school board election. Recall supporters submitted the signatures by the deadline, and Montezuma County Clerk and Recorder Kim Percell determined enough signatures were valid. Before a recall election could be scheduled, four challenges were submitted against the petition, saying the petition was "baseless, frivolous and infringes on Mr. McDaniel’s First Amendment rights of freedom of speech." A hearing on the challenges was held on Nov. 19, and the challenges were denied on Nov. 23. Hearing Officer Mike Green said that the recall petition met the statutory requirements.
- McDaniel is one of seven members on the board of education. He was appointed to his position in 2018.
- In 2020, Ballotpedia covered a total of 226 recall efforts against 272 elected officials. Of the 49 officials whose recalls made it to the ballot, 29 were recalled for a rate of 59%. That was higher than the 52% rate for 2019 recalls but lower than the 63% rate for 2018 recalls.
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