Today's Brew takes a look at the special runoff election in Texas House District 28 + gives a quick rundown of state attorneys general responsibilities  
The Daily Brew
Welcome to the Friday, Jan. 24, Brew. Here’s what’s in store for you as you start your day:
  1. Have you joined the Ballotpedia Society yet?
  2. Runoff election for Texas House District 28 on Jan. 28
  3. A quick look at the responsibilities of state attorneys general

Today is the final day of the Ballotpedia Society Membership Drive

As we’ve talked about this week, there are some big events coming up on the election calendar. The Iowa caucuses are Feb. 3, where the first votes of the 2020 Democratic presidential primary will be cast.

We’ll be covering every step of the campaign for the White House. But we’re also covering the races that will determine control of Congress… state legislatures… governor’s mansions… city halls… school boards...

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If you haven't joined the Ballotpedia Society, I hope you will take advantage of the matching gift to make double the difference in 2020!
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Runoff election for Texas House District 28 on Jan. 28

Our first battleground race of 2020 is here! The special runoff for Texas House District 28 will be held on January 28, and it could be a bellwether for the outcome of the 2020 general elections.

Author Elizabeth Markowitz (D) and real estate investor Gary Gates (R) are running for the seat previously held by Rep. John Zerwas (R). Zerwas resigned Sept. 30, 2019, to take an executive position with the University of Texas System. The winner of the election will serve out the remainder of Zerwas’ term, which ends in January 2020.

Heading into the election, Republicans have an 82-64 in the Texas House. There are three vacancies. In the 2018 elections, the Republican majority was reduced from 93-55 to 83-67.

The election has broader implications than just who will represent the district over the next year. Democrats believe a win here could start a domino effect that sees them take control of the House. Republicans view a win here as a sign that they can hold the House heading into redistricting in 2021.

This local state House race has drawn national endorsements. Democratic presidential candidates Sen. Elizabeth Warren and former Vice President Joe Biden endorsed Markowitz. On the Republican side, Gov. Greg Abbott (R) endorsed Gates. The Forward Majority PAC and the Democratic Legislative Campaign Committee have spent money on behalf of Markowitz, while Gates has received funding from the Republican State Leadership Committee.

Thus far in 2020, 27 state legislative special elections have been scheduled in 13 states. Twelve of those races are for seats Democrats currently control, while the remaining 15 are for seats currently in Republicans hands. There were 77 special legislative elections last year in 24 states — 39 for Democratic seats and 38 for Republican seats. Republicans won five seats previously in Democratic hands, while Democrats won two previously Republican seats. An independent candidate won a seat previously under GOP control.
 

A quick look at the responsibilities of state attorneys general

Every state has an attorney general, but have you ever wondered what they do? We were talking about AGs on staff recently, and one of my associates went and compiled a helpful writeup.

Nearly every attorney general has the power to prosecute violations of state law and represent the state in legal disputes. They also influence a state's approach to law enforcement, setting particular law enforcement priorities and focusing resources on those issues.

Of America’s 50 state attorneys general:
  • 41 have unlimited power to represent their state in criminal appeals.
  • 22 can independently initiate prosecution at the local level.
  • 14 can take over a case from a local prosecutor without instruction from the governor or legislature.
Attorneys general are directly elected in 43 states, appointed by the governor in five states, appointed by the legislature in Maine, and by the state supreme court in Tennessee.

Forty-five state constitutions explicitly establish the office of attorney general, while Connecticut, Indiana, Oregon, Vermont, and Wyoming formally established the position by statute.
 
Of the 43 directly elected attorneys general, 21 are Democrats and 22 are Republicans. Among those that are appointed, two are Democratic, four are Republican, and one is nonpartisan. Voters will elect 10 attorneys general in 2020. In five states, the current incumbent is a Democrat and in the other five, the officeholder is a Republican.
 

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The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.
 


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