January 24, 2013

By Al Ortiz

AUGUSTA, Maine: The Maine petition drive deadline for ballot initiatives has arrived for proponents. Today, January 24, is the day organizers of initiative efforts must turn in their signatures to the Maine Secretary of State‘s office in order for their proposals to be considered for legislative enactment or ballot placement.

Supporters are required to turn in at least 57,277 valid signatures in order for their proposed measure to be sent to the Maine Legislature. If the legislature does not choose to enact a measure, it is then sent to the 2013 ballot.

The following are the initiatives that qualified for circulation:

• Electronic Beano Question - The measure would allow for the operation of high-stakes beano in the state. The high-stakes beano would be conducted by two Indian tribes. According to the state secretary of state’s website, the measure is being proposed for the second time in as many years by the same proponent. In 2012, Wayne T. Mitchell tried to place the measure on the November 6 ballot, but failed to collect enough signatures. Mitchell is trying his hand once more at getting the measure cemented into the ballot. The issue of gambling on the ballot hasn’t had much success the past two years, with two gambling measures being defeated at the ballot in 2011. However, in 2010, Question 1 squeaked by with 50.4% of the vote, allowing the operation of a casino in Oxford, Maine.

• Maine Renewable Energy Question - The measure would allow increased investment in renewable energy and other energy-related endeavors. The main proponent of the citizen initiative is Clifford Ginn, as listed by the secretary of state’s website. No immediate history of renewable energy ballot measures in Maine has been identified, but state officials are also trying to chime in on the issue as the state’s 2013 legislative session hits full stride.

• Minimum Sentence for Sex Offender Question - Sponsored by Stavros J. Mendros, the measure would create mandatory minimum sentences for persons convicted of sex offenses against victims that are under 12-years-old. This is not Mendros first go-around with trying to place this type of measure on the ballot. Mendros’ most recent attempt at the ballot, according to Ballotpedia’s database of Maine ballot measures, came in 2009 when the initiative failed to be passed by the Maine Legislature. The initiative would have changed the sentence for sexual assault against a victim who was under 12 years of age to a period of imprisonment of 25 years.

Check back here for updates throughout the day on which efforts filed signatures.

Update (12:29 p.m. EST)

• After contacting the Maine Secretary of State‘s elections offices, Ballotpedia learned that no initiatives had filed petitions. The secretary’s office also stated that they were not expecting any petitions to be filed by the 5:00 p.m. deadline.

More updates to come.

October 29, 2012

By Ballotpedia’s State legislative team

AUGUSTA: Maine: There are 186 total legislative seats with 2012 elections in Maine, where polling places in municipalities with a population less than 500 are open between 6 AM and 10 AM while municipalities with a population of 500 or more are open between 6 AM and 8AM. All polls close at 8 PM.^[1]

The State Senate has a total of 35 seats and is currently under Republican control, 19 to 15, with 1 Independent. 13 incumbents, 7 Democrats and 6 Republicans, are retiring from the Senate this year. The 153-seat House of Representatives is 77-71 in favor of the Democrats, with 1 Independent, 2 Non-Voting members, and 2 vacant seats. Of the 52 retiring incumbents, 25 are Republican and 27 are Democrats. Because both chambers have a majority by small margins, both could change hands in this election.

Of the 184 incumbents up for election in 2012, 121 (65.8%) of them are running for re-election. A total of 171 of 186 (91.9%) districts will see more than one major party candidate in the general election.

Here are a few races to watch:

Senate

• District 3: Term-limited State Rep. John Tuttle (D) is challenged by Bradford Littlefield (R) for this open seat.^[2]
• District 27: State Rep. Herbert Clark (D) will face incumbent Senator Douglas Thomas (R). Clark has claimed that Thomas is “in hot water in his district” due to an unpopular proposed highway project that passes through the district.^[3]

House

• Assistant Democratic Leader Teresea Hayes will face Republican challenger Timothy Turner. Hayes narrowly kept her seat in 2010, escaping with a 2,122 – 2,012 over Ryan Lorrain.
• Speaker Robert Nutting (R) is opposed by Democrat Harry Hayes.

October 24, 2012

Florida. Ohio. Colorado. New Hampshire. You’ve no doubt heard a lot of talk about the presidential swing states. With just two weeks left until the general election, political reporters across the country consider anywhere from 3 to 10 states to be toss-ups in the race for the presidency. Here at the Lucy Burns Institute, our election analysts have focused on nine of those states with significant non-presidential races to present a full picture of the 2012 elections in Colorado, Florida, Iowa, Maine, Michigan, New Hampshire, North Carolina, Ohio and Pennsylvania.

Whether it’s a congressional race pitting two incumbents against each other, a state legislative chamber that is one seat away from switching from a Democratic to a Republican majority, or a judicial election that will decide the balance of a state Supreme Court, the teams at Ballotpedia and Judgepedia have a breakdown of everything you’ll want to watch in these key states.

Colorado

Colorado voters will decide an important ballot measure this year; Amendment 64, on the November 6, 2012 ballot as an initiated constitutional amendment, which would legalize recreational marijuana in the state. The measure will ask whether or not to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older. President Barack Obama‘s and Republican candidate Mitt Romney’s stance regarding marijuana legalization, regulation and taxation like alcohol is expected to influence the young voter population in Colorado.

After redistricting, two Congressional districts are considered to be up for grabs: the 6th district where incumbent Republican Mike Coffman is facing current state representative Joe Miklosi (D). The other seat that could swing is in the 3rd district, where freshman GOP representative Scott Tipton will attempt to hold off a challenge from Democratic state representative Sal Pace.

In the state House and state Senate, 32 incumbents are not seeking re-election – 16 from each party. One seat to pay close attention to is House District 47, from which Keith Swerdfeger (R) is retiring, leaving a seat for Democrats to potentially pick up. Netto Charles Rodosevich (D) will face Clarice Navarro-Ratzlaff (R) in the general election.

Florida

In 2010, the Florida Supreme Court upheld three lower court rulings that struck three legislatively referred ballot measures from appearing on the statewide ballot that year. This year, the Florida Legislature passed a measure to the 2012 general election ballot that would revise provisions relating to repeal of court rules, limit readoption of repealed court rule and stipulate that all appointments to the Florida Supreme Court be subject to confirmation by the Florida State Senate. The proposed legislation also grants the state House access to investigate files of the Judicial Qualifications Commission. Although the measure, Amendment 5, is not an issue being discussed in the presidential race, any controversial or scrutinized measure in this swing state could send a rush of voters to the polls. On a related note, conservatives are leading a strong effort to oust Supreme Court Justices Barbara Pariente, Fred Lewis and Peggy Quince. The justices are under fire for various rulings in support of federal healthcare legislation, the death penalty and other controversial topics.

Florida gained two Congressional seats as a result of redistricting. Predictions vary, but as many as eight U.S. House seats could be in play. Perhaps more significant is the U.S. Senate race between incumbent Bill Nelson (D) and U.S. House Rep. Connie Mack (R). The seat leans in Nelson’s favor and he has polled out front. With the control of the Senate a toss-up, any close Senate battle is pivotal to both parties.

Iowa

An anti-retention effort against Justice David Wiggins is underway, led by conservatives who are upset with Wiggins’ participation in a unanimous 2009 ruling to overturn the state’s ban on gay marriage. The other three justices who voted in the case were not retained to their positions in 2010.

Iowa lost one Congressional seat as a result of redistricting. This has prompted an incumbent-vs-incumbent battle between Leonard Boswell (D) and Tom Latham (R) in the 3rd District. Though it’s not an incumbent match up, the race in 4th District is also expected to be very close, as incumbent Steve King (R) faces former First Lady of Iowa Christie Vilsack (D).

In the state Senate, Democrats hold a slim 26 to 24 majority, while Republicans have a 59 to 40 majority in the state House. Races to watch include Senate district 26, where incumbent Mary Jo Wilhelm (D) will face incumbent Merlin Bartz (R), and House district 13 with incumbents Chris Hall (D) and Jeremy Taylor (R) battling it out for the seat.

Maine

One of the most closely-watched ballot measures of the year comes from Maine. The state is one place in the country where the issue of gay marriage is starting to draw serious attention from both sides. Maine Question 1 would overturn a voter-approved 2009 ballot measure that banned same-sex marriage in the state.

With Republican incumbent Olympia Snowe retiring, the U.S. Senate seat in Maine is now considered a toss-up. The current frontrunner is former Governor of Maine Angus King, an Independent, who is expected to caucus with Democrats should he win the seat. King faces Cynthia Dill (D) and Charles Summers (R) in the election (along with several other third party candidates).

Republicans hold small majorities in both state legislative chambers. In Senate District 27, incumbent Douglas Thomas (R) is challenged by representative Herbert Clark (D). Clark is attacking Thomas by drawing attention to an unpopular proposed highway project that passes through the district. House district 94 will see the Assistant Democratic Leader Teresea Hayes opposed by Timothy Turner(R). Hayes narrowly kept her seat in 2012, escaping with a 2,122 – 2,012 victory.

Michigan

Though the Michigan Supreme Court race is technically non-partisan, it has been riddled with partisan conflict between the three Republican-endorsed candidates (Stephen Markman and Colleen O’Brien for the full term; Brian Zahra for the partial term) and three Democratic-endorsed candidates (Connie Marie Kelley and Bridget Mary McCormack for the full term; Shelia Johnson for the partial term). The loaded races have a total of ten candidates running for three seats on the court.

Michigan lost one congressional seat via redistricting. Of particular note is the 11th District, where incumbent Thaddeus McCotter (R) failed to qualify for the ballot and then subsequently resigned his seat. Tea Party-backed candidate Kerry Bentivolio will attempt to hold the seat for Republicans in both the regular election and a concurrent special election as well. He will face Syed Taj in the general election — and David Curson (D) in the special election.

One measure garnering attention in Michigan is Proposal 4. The initiative would place features of the Michigan Quality Community Care Council in the state constitution, in addition to providing home health care providers with limited collective bargaining. Collective bargaining rights has been an issue under much debate since 2011, when Ohio’s Senate Bill 5 took center stage.

New Hampshire

Incumbent Democratic Governor John Lynch (D) is not running for re-election. Former state senator Maggie Hassan (D) faces Ovide Lamontagne (R) in the general election. Polls are indicating a very close race for the governorship, which is one of only eleven gubernatorial races this year.

Both congressional districts in New Hampshire are in play. Currently, both seats are held by Republicans. Both races feature rematches from 2010, between Democrat Carol Shea-Porter and Frank Guinta in the 1st district and between Democrat Ann Kuster and Charlie Bass in the 2nd district.

North Carolina

After winning control of the state legislature in 2010, Republicans in North Carolina redrew the congressional redistricting map to swing in the GOP favor. Presently, seven of the 13 seats are held by Democratic incumbents, but several seats are expected to change hands in North Carolina on election night. The races of particular note are the 7th, 8th, 11th and 13th districts.

A total of 10 state executive positions are up for election this year in North Carolina. Democratic governor Bev Perdue is not running for re-election and Republican Pat McCrory is polling comfortably ahead of the Democratic nominee, current lieutenant governor Walter Dalton. The Republican Party is expected to gain a trifecta on election night by winning the governorship and maintaining control of both chambers of the legislature.

This year’s North Carolina Supreme Court election could shift the balance of the court. Though the state’s judicial races are technically nonpartisan, the political parties have each made their positions clear. The Republican-backed incumbent, Justice Paul Martin Newby, is challenged by Democrat-endorsed Sam Ervin. Currently, the political balance favors conservatives 4-3. A number of laws passed by Republicans in the General Assembly are currently being challenged in lawsuits that could find their way to the high court — raising the stakes of this election even higher.

Ohio

With three contested races for the Ohio Supreme Court, a variety of outcomes is possible. The results won’t shift the court’s conservative composition, which is 6-1 Republican, but they could serve as a bellwether for other Ohio races. Appointed incumbent Justice Yvette McGee Brown is competing in her first race to the court. If she wins election, Brown will be the first Democrat elected to the court since 2000. A willingness for Ohio voters to elect a Democrat to the high court may signify a shift of opinions in the perennially watched state.

The redistricting process in Ohio this year didn’t come without controversy, leading to Issue 2 on the general election ballot. The measure would create a 12-person citizen commission to draw legislative and congressional district maps. According to supporters of the measure, the commission would create districts that would reflect the state’s geographic, racial, ethnic and political diversity. The initiative would also bar lobbyists and elected officials from joining the commission. Currently, the Ohio Legislature redraws district maps every ten years following U.S. Census results.

Ohio lost two congressional seats this year. In one of the tightest U.S. Senate races of the year, incumbent Sherrod Brown (D) is being challenged by current state treasurer Josh Mandel (R). Brown has maintained a slight lead in the polls as well as in fundraising. For the U.S. House, the 16th District race features an incumbent-vs-incumbent battle between Betty Sutton (D) and Jim Renacci (R). Another close race to watch is the rematch in the 6th District between incumbent Bill Johnson (R) and Charlie Wilson (D).

Pennsylvania

While the governor is not up for election, there are still three state executive elections taking place in Pennsylvania. The current attorney general, Linda Kelly, was appointed to the post by Gov. Tom Corbett and will not seek election to a full term. Democratic candidate Kathleen Kane, who edged out Patrick Murphy, the presumptive nominee, is polling out front of David Freed (R). Since the position became an elected post in 1980, no Democrat has ever won the office in a general election.

Both chambers of the legislature have the potential to swing from Republicans to Democrats. Republicans have a nine seat advantage in the Senate and a nineteen seat advantage in the House, but all four retiring Senators are Republicans. Close races in the Senate include open seats in Districts 15 and 49, while in the House Districts 3, 5, 37, and 197 (which is currently vacant) look to be some of the most competitive.

Pennsylvania lost one congressional seat as a result of redistricting. Currently Republicans hold 13 of the 19 seats in the state. Several races are considered to be competitive, including the 6th district,7th district, 8th district and 12th district. The 12th district is of particular note because it featured an incumbent-vs-incumbent battle in the primary, where Mark Critz (D) emerged victorious over Jason Altmire. Critz faces a strong challenge from Keith Rothfus (R) in the general election. If Rothfus wins, it would mean two incumbents lost within the same district in one election cycle — an extremely rare occurrence.

September 25, 2012

By Chuck Stewart

BENTON, Maine: Maine’s 2nd congressional district will house a rematch between two political veterans in the Nov. 6th elections. Five-term incumbent Mike Michaud (D) will face former rival Kevin Raye (R). In 2002, Michaud defeated Raye for the 2nd district house seat by only 4% of the vote. Since then, Raye has spent eight years as a state senator and two years as senate president. The political climate of the district has also changed in this span of time. While Democrats still account for most registered voters, the 2nd district added 3,500 Republican voters and incorporated the city of Waterville, which is “Democratic leaning.”^[1]

In an interview with the Associated Press, Michaud said that most voters are concerned that Democrats and Republicans do not cooperate more or “get along.”^[2] To this end, he has introduced a bill to deny Congress members pay if they do not pass a budget. Additionally, he has signed onto a lawsuit that would challenge the state’s filibuster rules. This would make it more difficult for one party to obstruct the agenda of another.

Raye stated that the most common concern for voters is job creation. In light of this, Raye points to his background as a family business owner as well as the regulatory reforms he helped to enact in the senate. Raye is also a self-proclaimed moderate Republican and has a strong history of working on both sides of the aisle. Ultimately, Michaud concedes that Raye has become a stronger opponent, but claims that “incumbency trumps everything else in a congressional race” with the exception of scandal.^[3]

August 30, 2012

By Greg Janetka

PORTLAND, Maine: As of today, the Maine Department of Conservation and Maine Department of Agriculture no longer exist, as they officially merged to form the Department of Agriculture, Conservation and Forestry. Walt Whitcomb, who had served as agriculture commissioner since January 2011, heads up the new department.^[1]

As this left Conservation Commissioner Bill Beardsley without a job, Gov. Paul LePage (R) stepped in, nominating him to the Maine Board of Education. Beardsley will face a legislative confirmation hearing on September 5. An unsuccessful Republican candidate for governor in 2010, Beardsley long served as president of Bangor’s Husson University.^[2]

By Tyler King

MADISON, Wisconsin: Maine’s legislative elections in 2012 are less competitive than most of the country, based on Ballotpedia’s Competitiveness index which captures the extent of electoral competitiveness exhibited in state legislative elections.

About the Competitiveness index:
The Ballotpedia state legislative competitive index looks at three factors: is the incumbent running for re-election in a district; if so, does he or she draw a primary challenge; and are there two major party candidates in the general election.

Ballotpedia’s index is created by summing the three percentages and then dividing by three. Each state is given 1 point for each percentage. Then, the points are added up and divided by three to establish the index rating. 1 is least competitive and 100 equals most competitive.

The comprehensive 2012 state legislative competitive index will be released following the completion of the primaries in all 44 states with 2012 state legislative elections. It will examine all 6,015 state legislative seats that are up for election on November 6, 2012.

Once a state releases official primary candidate lists, Ballotpedia staff analyzes the data to determine primary competitiveness. Just one state remains that has passed their filing deadline, but has not been analyzed by Ballotpedia staff – New York.

Maine in 2012:
Maine’s filing deadline was on March 15, 2012. It was the 15th state to be analyzed by Ballotpedia staff and the inclusion of its data brought the national index to 38.03 in 2012.

In Maine, there are 186 total state legislative seats with elections in 2012 and more than 80% of current incumbents are seeking re-election.

Of those 186, 35 are State Senate seats and 151 are State House seats. A total of 121 incumbents (65.1%) are seeking re-election this year. Just 5 (4.1%) incumbents running for re-election face primary opposition. Additionally, there are 65 (35.0%) districts where an incumbent is not seeking re-election within that district. For November’s general elections, there will be 184 (98.9%) seats where two major party candidates will appear on the ballot.

Comparison to 2010:
In 2010, Maine ranked 14th in overall competitiveness.

• 23.7% of Districts were open seats, increasing to 35.0% in 2012.
• 2.8% of incumbents faced primary opposition, increasing to 4.1% in 2012.
• 97.3% of Districts had two major party candidates in the general election, compared to 98.9% in 2012.
• Maine’s 2010 competitiveness index was 41.3, compared to 46.0 in 2012.

By Ballotpedia’s Congressional and State legislative teams

With primary season in full swing across the country, Maine voters go to the polls tomorrow to make their choices known.

Here’s what to watch for in Maine, where polling places open at different times depending on population - municipalities with a population less than 500 open between 6 AM and 10 AM while municipalities with a population of 500 or more open between 6 AM and 8AM. All polls close at 8 PM.^[1]

Congress

U.S. Senate

United States Senate elections in Maine, 2012

In a competitive race for Senate, 4 Democratic candidates and 6 Republican candidates have filed to run in the primaryelection to decide who will advance to the general election to fill the open seat created by the retirement of Republicanincumbent Olympia Snowe.^[2] First elected in 1994, Snowe cited excessive partisanship as a reason why she is not seeking re-election.^[3].

In addition to the major party candidates, three Independent candidates, including former Governor Angus King, will run in the general election. As of March 22, the race frontrunner was Independentcandidate King, who has yet to declare a party affiliation.^[4] The Cook Political Report is leaving the the race rating for the open Senate seat as a Tossup. ^[4]

Despite initial reports that House incumbents Chellie Pingree (D) and Mike Michaud (D) will run for Snowe’s Senate seat, both decided to run for re-election in their congressional districts. FormerGovernor John Baldacci was another candidate to initially express interest, but later withdrawing from the race.

On the Democratic ticket, candidates include Benjamin Pollard, former Maine Secretary of State Matthew Dunlap, state senator Cynthia Dill, and state representative Jon Hinck are running for the nomination. In the Republican primary, candidates Scott D’Amboise, former President of Maine State Senate Richard Bennett, current Maine Secretary of State Charles Summers, state senator Debra Plowman, Maine Treasurer Bruce Poliquin, and Maine Attorney General William Schneider are running for the nomination.

U.S. House

United States House of Representatives elections in Maine, 2012

Maine has a total of 2 seats on the ballot in 2012. A total of 6 candidates have filed to run, made up of only 4 Republican challengers, and 2 Democratic incumbents. A total of 228 U.S. House seats have held primaries. Thus far, 62.94% of possible primaries have been contested. Maine‘s contested figure of 50.00% (2 out of 4 possible party primaries) is less competitive than the national average.

In the 2 congressional districts, there are only Republican races contested, with two or more candidates running. The Democratic incumbents, Chellie Pingree and Mike Michaud are both running unopposed in their primaries.

In the 1st district, incumbent Chellie Pingree is running unopposed in the Democratic primary. On the Republican ticket, candidates Patrick Calder and current Maine State Senate majority leaderJonathan Courtney will battle for the nomination to advance to the general election to take on Pingree.

In the 2nd district, Republican candidates Blaine Richardson and current Maine State Senate President Kevin Raye will face off to determine who will face incumbent Mike Michaud (D) in the general election.

State legislature

Maine State Senate elections, 2012 and Maine House of Representatives elections, 2012

There are 186 total legislative seats with elections in 2012 – 35 Senate seats and 151 House seats.

There are 24 (12.77%) contested Democratic primaries and 18 (9.57%) contested Republican primaries. Thus, there will be 42 races tomorrow with at least two candidates on the ballot. The 11.17% figure of total contested primaries in Maine is lower than the current national contested average of 22.84% for states that have had filing deadlines.

In 2010, Republicans won control of both the Senate and House.

Senate

A total of 13 incumbents – 7 Democrats, 5 Republicans and 1 Independent – did not run for re-election in 2012. Ten of these – 5 Democrats and 5 Republicans – could not run due to term limits. None of the incumbents running face a primary challenge.

Republicans currently control the chamber by a margin of 20-14-1.

Four primaries include current House incumbents. They are as follows:

 District 5: Incumbent Sen. Barry Hobbins (D) is term limited and could not seek re-election. The Democratic nomination will go to either Donald Pilon or Linda Valentino, both of whom currently serve in the House of Representatives and are term-limited.

 District 6: Incumbent Sen. Philip Bartlett (D) is term limited and could not seek re-election. The fight for the Democratic nod is between term-limited House District 126 incumbent Timothy Driscolland newcomer James Boyle.

 District 7: Incumbent Sen. Cynthia Dill (D), who is not term-limited, is seeking election to the U.S. Senate. The Democratic primary will take place between House District 124 incumbent Bryan Kaenrath and Rebecca Millett.

 District 29: Incumbent Sen. Kevin Raye (R) is term-limited and seeking election to the U.S. House. The Republican primary is between House District 32 incumbent David C. Burns and Kathleen Caso.

[edit]House

A total of 46 incumbents – 21 Democrats, 24 Republicans and 1 Independent – did not run for re-election in 2012. Twenty-six of these – 14 Democrats and 12 Republicans – could not run due to term limits.

Republicans currently control the chamber by a narrow seven-seat margin.

Of the incumbents running, only five face a primary challenge. They are as follows:

 District 20: Incumbent David Johnson faces John Williams

 District 37: Incumbent Ralph Chapman faces James Schatz

 District 135: Incumbent Paulette Beaudoin faces Joanne Twomey

 District 136: Incumbent Megan Rochelo faces Bobby Mills

 District 137: Incumbent Alan Casavant faces Nancy Sullivan

Newsletter Signup

Edited by Al Ortiz

The Tuesday Count took a step back this past week, leaving the total at 97 ballot measures in 31 states. However, there was still plenty of certification movement below the surface. The reason: one measure was added in Alabama while two were taken off the ballot in Ohio and Missouri.

The Alabama Legislature referred a measure related to Medicaid in the state. The amendment, slated for a September 18 special election, would authorize the transfer of $145.8 million from an oil and gas trust fund to the General Fund for the state Medicaid budget.^[1]

Article XVIII of the Alabama Constitution requires a three-fifths (60%) vote of the Alabama State Legislature to qualify an amendment for the ballot.^[2]

Meanwhile, the de-certification that occurred in Ohio is not without controversy. An election law veto referendum was taken off of the ballot this past week, much to the dismay of initiative organizers.

The veto referendum would have repealed an elections law that was passed in the state of Ohio in 2011. The targeted election law would have moved future primary election dates from March to May, among other provisions.

Additionally, the legislation would have shortened the period of mail-in absentee voting from 35 days before the election to 21. The number of days residents can vote early would be limited to 14 days before the election. Currently, the number of days residents can vote early is also 35 days.

The veto referendum to take down the legislation made it onto the ballot after initiative sponsors of the repeal gathered 231,184 valid signatures from registered voters by the deadline.

However, it was reported on February 1, 2012 that a legislative proposal was introduced in 2012 session to repeal the new election law, therefore aiming to do the same as the citizen-initiated veto referendum. This, according to reports, was done to avoid a referendum election that could cost the state money.^[3]

The bill that was considered in the state legislature was Senate Bill 295. According to reports, the bill was to be voted on by the Senate Oversight and Reform Committee in order to have it considered by the full chamber.

Some critics stated that the proposal violated the rights of referendum by citizens and could discourage future referendum efforts. Norman Robbins, a voting rights advocate, stated, “This is an outright violation of Ohio citizen’s rights to ask for a referendum, and would discourage any future campaigns on other issues because the ruling majority could simply repeal the referendum issue before the election.”^[4][5]

After final legislation approval earlier this month, on May 15, Ohio Governor John Kasich signed Senate Bill 295, therefore overturning the law and foregoing placing a referendum on the ballot in November.^[6]

In Missouri, the voter identification amendment met its fate when state legislature failed to replace the ballot language that would appear before voters in the fall. This lead to the proposal’s removal from the ballot. The proposed ballot title for the amendment was previously found by the Missouri Supreme Court to be misleading and that revisions were required to keep it in front of voters in November.

This leaves the state with two statewide questions on the ballot.

Rumblings in Maine

As stated previously, the Tuesday Count’s total decreased by one this past week. That could change soon though, as five bond measures currently on the Maine Governor‘s desk could cause the ballot measure total to shoot up quickly.

The Maine Legislature passed the measures during this month, sending them to the governor for either approval for the ballot or veto. The governor is expected to final final decisions on the proposals this coming week.

The measures include:^[7]

• A measure to allow for a $51 million transportation bond, most of it to pay for road and bridge repairs in the state.
• Another to allow for a $20 million research and development grant for science and technology in the state.
• One to allow for an $11 million bond for higher education in order to expand the state’s community college system.
• Two measures, both dealing with state water and sewer projects.

Ballotpedia will provide immediate updates for any developments on these Maine bond measures

Quick hits

• “Death with Dignity” measure meets a legal challenge: On May 17, a lawsuit was filed in the Massachusetts Supreme Court against the controversial ballot initiative that would allow for a terminally ill patient to be given lethal drugs with consent. The lawsuit was filed by the disability rights group Second Thoughts.

• A year delay could plague Alaska Coastal Management program if approved: During the week of May 17, it was reported that Alaska Governor Sean Parnell vetoed funding for a new Coastal Management program, if the initiative is approved by voters. According to reports, that means that if the initiative is enacted, it will take about a year to start the program up.

• Group begins submitting signatures for Oregon Initiative 24: On Friday, May 18, Citizens for Sensible Law Enforcement submitted 10,000 signatures for the Oregon Marijuana Legalization Amendment to the Oregon Secretary of State as part of a preliminary check. Once the signatures are submitted, 122,000 according to supporters, by May 25, the secretary of state’s office will begin it’s review. Based on the findings of this preliminary check, supporters will then have until the July 6 deadline to collect names to make up for any invalid signatures.^[8]

SPOTLIGHT:Wisconsin village bus issue continues to raise legal issues
In the village of Weston, a controversial bus measure on the June 5 ballot continues to give village officials problems.

In March 2011, the village board decided to cut bus services in the village as they did not have the money in the budget. Village residents who were upset with the decision then sought begin a citizen initiative petition to reverse the decision.

The first issue arose when residents obtained the required amount of signatures only to find that the village board did not validate them to place the issue on the ballot. Residents took the issue up with a district judge who ruled that the issue be placed on the June 5 ballot. Though the measure has been placed on the ballot, the board still believes the petition is illegal and should not be voted on. Attorneys for the village have filed a motion to stop the previous decision and take the measure off of the ballot. The board states that legislation cannot overturn their decision to cut the village bus services.

Those in favor of bus services note that many people depend on the buses to get around, but opponents note that there are not enough users of the bus services to compliment the costs of running them. The suggestion to move the measure to November has been suggested, but the issue is still pending.

A 2012 statewide measure was removed from the ballot in what state listed?Click here to find out!

BALLOT LAW UPDATE

Maryland signature ruling: On May 21, Maryland’s highest court issued a unanimous ruling affirming tough requirements for petition signatures. The court ruled that petition signatures must exactly match the name on voter registration records. (e.g., A person registered as “Johnathan Doe” may not sign as “John Doe.”) As a consequence, over half of the signatures submitted by the Green and Libertarian parties were rejected. The court noted that it was not ruling on the constitutionality of the statute, only its interpretation. Although parties may still be able to qualify despite the ruling, petitions that require many more signatures, like referendum petitions, may be significantly harder to complete.^[9][10]

• The ruling can be found here.

Michigan referendum ruling appeal: On April 26, the Michigan Board of Canvassers deadlocked and failed to certify a statewide referendum due to the size of fonts used on the petition form. On May 17, the proponents of the referendum appeared in a state Court of Appeals to defend the petition. Proponents argue that the font size is immaterial and that the Board’s vote was politically motivated. Opponents of the referendum argue that the statute is clear and that supporters were entitled to a state review of their forms prior to circulation but did not take it.^[11]

A new update will be released on May 30, 2012. Click here for past Ballot Law Update reports!

Edited by Greg Janetka

This week’s tracker features an update on what was accomplished (and not accomplished) in those state legislatures that adjourned for the year last week and a look at special sessions in Florida, Virginia and Washington.

Sessions

This week 35 out of 50 state legislatures are meeting in regular session. One state - Louisiana - convenes this week, while no states are scheduled to adjourn.

Ten states have adjourned for the year, while four states - Montana, Nevada, North Dakota, and Texas - will not hold regular sessions in 2012.

Regular sessions

See also: Dates of 2012 state legislative sessions

The following states convened their regular legislative sessions:

• January 3: Kentucky, Mississippi, Ohio, Pennsylvania, Rhode Island, Vermont

• January 4: California, Indiana, Maine, Massachusetts, Missouri, Nebraska, New Hampshire, New York

• January 9: Georgia, Idaho, Iowa, Kansas, Washington

• January 10: Arizona, Delaware, Florida, New Jersey, South Dakota, Tennessee, Wisconsin

• January 11: Colorado, Illinois, Maryland, Michigan, South Carolina, Virginia, West Virginia

• January 17: Alaska, New Mexico
• January 18: Hawaii
• January 23: Utah
• January 24: Minnesota
• February 1: Oregon
• February 5: Oklahoma
• February 7: Alabama
• February 8: Connecticut
• February 13: Arkansas, Wyoming

The following states have ended their regular session:

• February 16: New Mexico
• March 6: Oregon
• March 8: Utah, Washington
• March 9: Arkansas, Florida, Wyoming
• March 10: Indiana, Virginia, West Virginia

Click here to see a chart of each state’s 2012 session information.

Special sessions

Special sessions were a widespread occurrence in the state legislatures in 2011, in particular due to the necessity of states to conduct the redistricting of state legislative and congressional districts. Overall, in 2011 there were 45 special sessions in 28 states.

Washington is currently in special session. Virginia formally began a special session last Saturday, but adjourned until March 21, while Florida is scheduled to begin one on Wednesday.

In recess

As of today, March 12, 1 states’ session is currently in recess:

• North Carolina - Mid-term recess June 18, 2011 through May 12, 2012^[1]

Sessions spotlight

So far ten states have adjourned their regular session for the year – at least three of those will be holding special sessions to finish up their work.

Florida

Following the Florida Supreme Court’s decision on Friday to reject the state’s new Senate maps, the Senate will reconvene in special session starting Wednesday in order to redraw its map.^[2]

In Florida, if the Court finds a plan unconstitutional, the Governor must call a new session within five days to correct the district lines — this session may last no longer than 15 days. The revised plan is again submitted to the court for evaluation. The court approved the new state House districts.

Virginia

The Virginia General Assembly ended their regular session on Saturday. The 60-day session was full of heated debate over bills regarding abortion restrictions and gun laws, but never included passing a new state budget. Thus, the same day that the Legislature adjourned, they also formally started a special session then adjourned until March 21.

Following the 2011 legislative elections, which left the Senate evenly divided between Democrats and Republicans, Republicans claimed power in the chamber using the tie-breaking vote of Lt. Gov. Bill Bolling (R). The Lt. Governor, however, can not break ties on appropriations bills. In exchange for a compromise on the budget, Democrats are seeking a power-sharing agreement in the Senate.^[3]

Washington

Gov. Chris Gregoire (D) called for a special session on Thursday after it was clear the Legislature was going to end its 60-day regular session without passing a supplemental budget plan. HouseDemocrats passed a budget agreement by a 53-45 vote, but it included a delayed payment for schools, something that has previously failed in the Senate. While Democrats hold the majority in the Senate, three members broke from the party ranks to vote for a Republican plan that got rid of the delayed payment and focused instead on more spending cuts.^[4]

The special session got under way today at noon, but the first two days are only “pro forma,” meaning legislators are not required to be at the Capitol until Wednesday. Gregoire said it could last up to a month.^[5]

Issues spotlight

Nine states concluded their regular session for the year last week. Three of those will be holding special sessions (see above). Here is an update on major topics that were addressed in the other six:

• Arkansas – Arkansas’ second-ever fiscal session focused mainly on the passage of a $4.7 billion budget. Legislators attempted to get non-budget items passed, including a $4 million tax break for truckers, but those items will have to wait until next year. The House also voted to elect Darrin Williams as the first black Speaker of the House in state history.^[6]

• Indiana – Legislators ended their session by passing a spending package that includes $6 million for victims of the Indiana State Fair stage collapse and $80 million for full-day kindergarten. They also agreed to decrease the state inheritance tax beginning next year until it is completely phased out after 2021. In perhaps the most controversial move, legislators passed a bill which mandates that citizens are protected by the state’s self-defense law if they reasonably believe force is necessary in order to protect themselves from unlawful actions by a police officer.^[7]

• Oregon – The Legislature held its first-ever annual session this year, which was created by a voter-approved ballot measure passed in 2010. Lawmakers were able to pass a balanced budget to deal with a $200 million budget gap and largely deemed the session a success.^[8]

• Utah – The Legislature’s 45-day session was fairly uneventful, with the controversial issue of immigration avoided entirely. The most attention was given to what is being called the “Sagebrush Rebellion 2.0″ as legislators sought to claim 30 million acres of state land that is owned by the federal government.^[9]

• West Virginia – Legislators passed 213 bills this session, including 112 on the last day. One thing they did not accomplish, however, was passing a new budget. To that end, the session was extended, with work on the budget getting under way again yesterday. Some are predicting a special session will have to be called later in the month.^[10]

• Wyoming – The Legislature finished on March 8, a day early. During that time legislators passed a $3.2 billion budget for the next two years. It keeps spending more or less flat but gives the governorauthority to spend up to $150 million in reserve funds if necessary. They also passed a new state wolf management plan that aims to end protections for wolves under the federal Endangered Species Act.^[11]

Elections

See also: State legislative elections, 2012 and State legislative elections results, 2012

A total of 86 of the 99 chambers will hold state legislative elections on November 6, 2012.

1,267 (64.3%) of the country’s 1,971 state senate seats are up for re-election in November 2012, and 4,712 (87.05%) of the country’s 5,413 state house seats are up for re-election. Altogether, 5,979 (81.0%) of the country’s 7,384 state legislative seats will be up for re-election during the presidential election year.

• 43 of the 50 state senates are holding elections.
• 43 of the 49 state houses are holding elections.

The 5,979 seats up for election is 146 fewer than the 6,125 that were contested in 2010.

Filing deadlines

See also: Signature requirements and deadlines for 2012 state government elections and 2012 Elections preview: Comparing state legislative filing deadlines

This week five states have signature filing deadlines for candidates running for election - Montana, Maine, Iowa, Nevada and Utah.

So far, deadlines have passed in 13 states:

States with upcoming deadlines:

• March 12: Montana
• March 15: Maine
• March 16: Iowa
• March 16: Utah
• March 16: Nevada
• March 27: Missouri
• March 27: South Dakota
• March 30: South Carolina

Primaries

See also: 2012 election dates

The first state legislative primary elections of 2012 took place last week in Ohio. There are no state legislative primaries this week. The next will take place in Illinois on March 20, where all 59 Senate seats and 118 House seats will be on the ballot.

States with upcoming primaries:

• March 20: Illinois
• April 3: Maryland
• April 24: Pennsylvania
• May 8: Indiana, North Carolina, West Virginia
• May 15: Idaho, Nebraska, Oregon
• May 22: Arkansas, Kentucky
• May 29: Texas

Note: Texas was originally scheduled to hold their primary on March 6. However, with newly drawn state legislative maps being fought in the courts, the date was moved to May 29.

Recalls

Currently, 18 states permit the recall of state officials. Between 1913 and 2008, there were just 20 state legislative recall elections in five states. Of the 20 state legislative recall elections, 13 out of 20 resulted in the state legislator being recalled. In 2011, there were 11 state legislative recalls in three states, 4 of which resulted in the legislator being recalled.

Michigan

2011 saw a wave of recall attempts in Michigan. While most of those efforts dried up, at least two campaigns are continuing on (the recall of Paul Scott was successful on November 8, 2011). Organizers of the campaigns to recall Bruce Caswell (R) and Phil Pavlov (R) are aiming for the August 2012 ballot.

Wisconsin

Democrats in Wisconsin filed recall petitions on November 15, 2011 against four Republican state senators - Pam Galloway, Scott Fitzgerald, Terry Moulton and Van Wanggaard.^[12] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012.

On February 9, all four senators for recall submitted signatures challenges, and the recall committees submitted rebuttals to the challenges.^[13] A statement issued by GAB staff on Friday said they won’t be able to finish reviewing all of the signatures by the deadline and requested the board to ask for an extension to March 30. The statement also recommends the board dismiss all of the petition challenges, a move which would automatically trigger recall elections.^[14] GAB director Kevin Kennedy has said primaries could take place on May 15 with the recalls on June 12.

The full board met today and voted unanimously to order recalls against all four Republican state senators.^[15]

Special elections

See also: State legislative special elections, 2012

There are no special elections scheduled to take place this week.

Looking ahead

Upcoming special elections include:

• March 20: New York Assembly District 93
• March 20: New York Assembly District 100
• March 20: New York Assembly District 103
• March 20: New York Assembly District 145
• March 20: New York Senate District 27
• April 3: Oklahoma House of Representatives District 71
• April 3: Oklahoma Senate District 20
• April 10: Minnesota Senate District 20
• April 24: Pennsylvania House District 22
• April 24: Pennsylvania House District 134
• April 24: Pennsylvania House District 153
• April 24: Pennsylvania House District 169
• April 24: Pennsylvania House District 186
• April 24: Pennsylvania House District 197

By Greg Janetka

“I am a fighter at heart, and I am well prepared for the electoral battle. Unfortunately, I do not realistically expect the partisanship of recent years in the Senate to change over the short term. So at this stage of my tenure in public service, I have concluded that I am not prepared to commit myself to an additional six years in the Senate,” Snowe said.^[2]

Snowe, who has served in Congress for 33 years, has long been seen as an independent voice. While some have criticized her as a “Republican in Name Only,” more have praised her willingness to reach across the aisle. President Barack Obama stated, “Senator Snowe’s career demonstrates how much can be accomplished when leaders from both parties come together to do the right thing for the American people,” while Republican Senators Mitch McConnell and Scott Brown both said she will be missed.^[3]

Last month the Cook Political Report gave the race a Likely Republican rating, but that now seems in doubt. Her departure leaves an open seat and hurts Republican’s chances to take control of the Senate this November. Four Democrats – including a former Secretary of State and a current state Senator are vying for the seat, while only two Republicans – a health care technician and a writer – remain. However, candidates have until March 15 to file to run, so it is possible more contenders could enter the race.