February 15, 2013

By Zac Humphrey

CARSON CITY, Nevada: The future of legal brothel lobbyist George Flint’s dreams of expanding legalized prostitution to Clark County, Nevada, may not come to pass.^[1]

Speaker Marilyn Kirkpatrick (D) has said that she would like to see the details of Flint’s proposals, but in the end would not support the expansion of Nevada’s brothel laws. Presently, they are only legal in counties that have populations lower than 700,000 people.^[1]

This proposal has been something that he has devoted his 28 year career lobbying for Nevada’s legal brothel industry. Flint estimates that with the expansion into Clark county, the county, city, and state could see between $300 million to $400 million in new taxes every two years. He went on to say that the lack of regulation leads to crime that would otherwise not exist. Flint has said that he will retire after this legislative session.^[1]

January 29, 2013

By Zac Humphrey

CARSON CITY, Nevada: State Senator Ben Kieckhefer (R) highlighted the “shockingly low” amount of involuntarily committed mental health patients who are being added to federal databases that would prohibit their ability to purchase firearms in a recent statement. He went on to say that federal and state laws already in effect need to be properly enforced to help prevent these individuals from being able to purchase guns.^[1]

Kieckhefer explained that he is working with court officials, mental health professionals, and law enforcement officers to draft new legislation to be proposed in the upcoming 2013 session of the Nevada State Legislature. This bill would allow psychiatrists to prohibit patients who pose a danger to themselves or others, in addition to those who are involuntarily committed from being able to purchase firearms. He cited that in 2011, 178 of 1,619 individuals committeed to the state public mental health hospital by psychiatrists were added to the National Instant Criminal Background Check System. This database is used to determine whether someone can legally purchase a firearm. In 2012, 237 of 1,953 patients committed to the state hospital were added to the database.^[1]

January 12, 2013

By Zac Humphrey

CARSON CITY, Nevada: The Nevada State Board of Examiners approved a $6 million contract for the marketing and branding of the Silver State Health Insurance Exchange. This contract is with KPS 3 Inc., a company from Reno. The terms of the contract run through March 2014. This exchange was created as part of the Affordable Care Act. The contract to set up the internet-based exchange worth $72 million was approved in August 2012. Both contracts will be paid for with federal grant monies.^[1]

Gov. Brian Sandoval, who is a member of the board, explained that this exchange must be self-sufficient and would not receive state tax dollars once the federal grants have been utilized. He opposed the implementation of the health care law on the terms that its mandate was unconstitutional.^[1]

Members of the Board of Examiners include Sandoval, Nevada Attorney General Catherine Cortez Masto, and Nevada Secretary of State Ross Miller.^[2]

By Maureen Ryland

CARSON: Nevada: Just three weeks after being reelected to her seat in the the Nevada Assembly, April Mastroluca (D) resigned for personal reasons.^[1] Mastroluca has represented the 29th district since 2008, and in 2011 led the Assembly‘s Committee on Health and Human Services.

Mastroluca resigned soon after her reelection so that a replacement might be made before the new session begins in January 2013. Upon her formal resignation, the Clark County Commission will accept applications for her position, and will appoint a replacement.

November 6, 2012

Edited by Kristen Horn

CARSON CITY, Nevada: Nevada’s Question 1 was on the Nevada 2012 ballot on November 6, the only measure to be place before voters.

Question 1 addressed special legislative sessions, and specifically would outline that the Nevada Legislature may convene a special legislative session upon a petition signed by two-thirds of the Legislators of each chamber, on “extraordinary occasions”.

Under the approval of Question 1, special sessions would be limited to 20 calendar days except in the event that a special session is called to expel a legislator or impeach or remove the Nevada Governor. Other constitutional officers and judicial officers would be included in this impeachment provision. An extension of the sessions would also occur if a supermajority of 66% of members in both chambers approve of doing so.

According to reports the measure was successful approximately 53% of voters casting “yes” votes. Election results are not yet official, as a canvassing of the results will not be done until later this month.

Stay tuned for more developments on Ballotpedia’s Ballotpedia’s page for Nevada Georgia 2012 ballot measures.

September 17, 2012

By Chuck Stewart

CARSON CITY, Nevada: Nevada has increased voter outreach to welfare recipients following a federal lawsuit that alleged the state had disenfranchised voters receiving state-aid. Under federal law, all state welfare offices are required to also be voter registration offices. However, the National Council of La Raza and Nevada chapters of the NAACP found that only 1, 677 voter applications were processed by Nevada’s social service system in 2010 (down from approximately 40,000 in 2002). In light of this, they alleged that Nevada’s social service offices had failed to fulfill its obligations under federal law.^[1]

In response, Nevada’s Department of Health and Human Services have begun distributing as many as 30,000 voter registration forms per month to those receiving state aid. They have also increased advertising for voter registration and trained personal to assist others in registering.^[1]

August 14, 2012

Newsletter Signup

Edited by Al Ortiz

Although certifications are slowing down, ballot measure litigation is picking up.

After a flurry of events that transpired in the past seven days, the ballot measure count across the country is now 160 ballot measures in 35 states.

The decrease in statewide proposals comes from both Nevada and Louisiana.

Two Nevada measures were taken off the ballot due to a lawsuit that left the Silver State’s ballot empty of statewide proposals. A lawsuit was filed against a citizen initiative in the state that lead to the Nevada Supreme Court striking that measure from the ballot, and therefore removing the competing measure from the 2012 ballot at the same time.

The citizen initiative that was taken off of the ballot was the sports arena initiative that would have allowed a 20,000-seat sports arena on the Las Vegas Strip. Specifically the initiative would have imposed a 0.9 cent sales tax in a taxing district near the proposed arena. The revenue would have financed bonds to construct the arena. The state supreme court ruling stated that the initiative’s petitions were invalid because they didn’t say where the arena would be built.

The competing measure would have prohibited a special tax district in the state. Also, the bill would have prohibited the creation of an area in which the sales tax was higher than other parts of the county. The measure was introduced by the Senate Revenue Committee, and if it had made the ballot along with the arena measure, the proposal that received the most votes in the 2012 general election would have been enacted.

Along with the two measures that were taken off of the ballot in Nevada, it was also found that the state of Louisiana placed 9 measures in the 2012 general election, instead of 11, as was originally reported by state media outlets. As a result, the state ballot measure count changed.

The lone addition to the Tuesday Count was in Ohio, where the redistricting amendment effort was found to have collected enough signatures to make the 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 due to population shifts.

[edit]Additional signatures submitted in Arkansas

The Arkansas Medical Marijuana Question may appear on the 2012 ballot after all, as supporters collected additional signatures and submitted them to the Arkansas Secretary of State on August 13.

A spokesman for the state secretary of state commented that signatures could be verified by the end of August.

Supporters of the potential statewide question were allowed 30 additional days to circulate petitions after it was found that not enough valid signatures were collected by the petition drive deadline in early July.

The measure would allow the use of marijuana by people who choose to use it for medical purposes. Those who choose to use it for medical purposes would be free from legal penalty. A group called Arkansans for Compassionate Care are sponsors of the proposed law, which is formally called, “The Arkansas Medical Marijuana Act”, according to the ballot title.

According to reports, patients with possession of cards issued by the state Department of Health would be allowed to purchase and carry marijuana for medical purposes. Medical marijuana would be purchased from dispensaries or they could grow the cannabis plant themselves.

[edit]Quick hits

Fight for North Dakota University nickname may carry into 2014: Supporters of the “Fighting Sioux” nickname for UND sports teams have decided not to put the issue before voters again this year and are instead gearing up for a spot on the June ballot in 2014. The measure being proposed differs from the referendum voted on earlier this year in that it is a constitutional amendment and would be much more difficult to overturn if passed. To make the 2014 ballot, supporters have until December 12, 2012 to turn in 27,000 signatures to Secretary of State Al Jaeger.^[1]

Four Michigan ballot measures advance to Board of State Canvassers: Of the six measures that filed signatures with theMichigan Secretary of State, four have been confirmed as having enough names to move on to the ballot. First, however, they will have to be fully certified by the Board of State Canvassers. The board will meet tomorrow, August 15, to determine if the petitions meet requirements set out by state law. The four measures being considered relate to renewable energy, new casinos, collective bargaining, andthe unionization of home health care workers. The state is still reviewing signatures for the remaining two measures that were filed.^[2]

Primary elections today in Wisconsin and Florida

On August 14 voters in Wisconsin and Florida will vote on 13 ballot measures at the local level.

In Wisconsin, there are three school measures on the ballot. All would allow their school districts to levy additional taxes for operational and maintenance costs. The three districts that have this measure on their ballot are the Barron, Hartland-Lakeside and Oconto Falls. The levy increase would be in place for five years in the Barron and Hartland-Lakeside school districts but just in place for three years in the Oconto school district.

In Florida, Flagler and Indian River County school districts residents will decide whether to renew current levies which support school funding. In Miami-Dade County, a county ordinance measure asks if voters want to allow Pit bull dogs in the county. Currently there is a ban in place which does not allow any resident to own a Pit bull. The ban was put in place 23 years ago when a young girl was mauled by a Pit bull.

In total, eight counties in Florida will decide on 10 measures and four counties in Wisconsin will vote on three measures.

The Tuesday Count Spotlight highlights notable developments from local ballot measures across the country as well as international ballot measures.

This year, how many states are holding regularly-scheduled state executive official elections? Click to find out!

BALLOT LAW UPDATE

Arizona sales tax question heads to court: Legal briefs have been filed with the Arizona Supreme Court arguing that the measure should be kept off the ballot due to an error with petitions filed at the start of the initiative’s campaign. The error resulted in the original filing missing a full two paragraphs from the petition that was eventually circulated. According to the brief filed by the state, “Confusion has been created by virtue of the fact that one version of the proposed initiative was attached to the petition sheets while a substantially different version was simultaneously posted on the secretary’s website.”^[3]

California Proposition 32 undergoes another change of ballot title: On Monday, August 13, the Sacramento County Superior Court ordered that the language of Proposition 32 be changed following a legal challenge by supporters of the measure. The new title given by the court ruling reads as: “Prohibits unions from using payroll-deducted funds for political purposes. Applies same use prohibition to payroll deductions, if any, by corporations or government contractors. Prohibits union and corporate contributions to candidates and their committees. Prohibits government contractor contributions to elected officers or their committees.” The older title used the word “restricts” in place of “prohibits.”^[4]

A new update will be released later this month. Click here for past Ballot Law Update reports!

By Tyler King

MADISON, Wisconsin: Nevada’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.

Nevada in 2012:
Nevada’s filing deadline was on March 16, 2012. It was the 17th state to be analyzed by Ballotpedia staff and the inclusion of its data brought the national index to 38.59 in 2012.

In Nevada, there are 54 total state legislative seats with elections in 2012 and more than 80% of current incumbents are seeking re-election.

Of those 54, 12 are State Senate seats and 42 are State House seats. A total of 36 incumbents (66.7%) are seeking re-election this year. Just 12 (33.3%) incumbents running for re-election face primary opposition. Additionally, there are 18 (33.3%) districts where an incumbent is not seeking re-election within that district. For November’s general elections, there will be 43 (79.6%) seats where two major party candidates will appear on the ballot.

Comparison to 2010:
In 2010, Nevada ranked 4th in overall competitiveness.

• 50.9% of Districts were open seats, decreasing to 33.3% in 2012.
• 19.2% of incumbents faced primary opposition, increasing to 33.3% in 2012.
• 90.6% of Districts had two major party candidates in the general election, compared to 79.6% in 2012.
• Nevada’s 2010 competitiveness index was 53.6, compared to 48.7 in 2012.

Edited by Al Ortiz

The Tuesday Count took on a wild change recently with plenty of states across the nation showing political activity. California has added more fuel to the rampant fire of ballot measure developments by pulling a certified measure off of the ballot this past week.

In addition, two other states added a total of seven initiatives between them. All in all, the 2012 ballot measure total has sprung up to 143 ballot measures in 35 states.

Beginning with this week’s de-certification, California residents have to wait a while longer in order to decide whether or not to overhaul the state’s water system. Awater bond measure was removed from the ballot on July 5 when the California State Legislature approved a bill to take the measure off the 2012 ballot. Lois Wolk, one of the state senators who voted in favor of this move, said that it was undertaken because the Democratic majority in the state legislature wants to do everything they can to ensure that the “Jerry Brown Take Hike Initiative” on the November 6, 2012 ballot has a good chance of passing. She said, “We are faced with a tax levy in November. It would be disastrous to have [the borrowing] on the ballot.”^[1][2]

If voters approve the water bond, which could possibly be placed on the 2014 ballot, it would allow the state government to borrow $11.1 billion to overhaul the state’s water system.

To the north of California, on July 6, the state of Washington saw its petition drive deadline pass for ballot initiative efforts. When all was said and done, two initiatives filed signatures with the Washington Secretary of State‘s office. According to the secretary’s office the filed initiatives will be placed on the November 6 ballot. Both submitted the required number of signatures.

One of the two measures included a charter school initiative to allow 40 public charter schools in the state over the next five years. The group that is in favor of the measure, and who submitted the initiative, is a coalition that includes the League of Education Voters, Stand for Children and Democrats for Education Reform.

Also submitting signatures was an initiative effort to require either two-thirds legislative approval or a vote by the people in order to raise taxes. According to the initiative, a one-third minority of Legislators in either House or the Senate could prevent the passage of any measure to raise revenue or repeal existing tax exemptions. The measure defines repealing a tax exemption as raising revenue. Currently, it only takes a simple majority to pass a tax exemption but under the proposal, a two-thirds majority of both houses would be required to repeal it.

However, the two initiatives weren’t the only ones to have made the ballot in Washington. Two legislative referrals have also been added. One measure would implement changes in the use of state bond debt, while the other would provide clear authority to state research universities to invest funds. According to the secretary of state’s office, the measures’ formal titles were SJR 8221 and SJR 8223.

On the East Coast, Massachusetts initiative organizers had until July 3 to submit signatures to election officials in the state. According to the Massachusetts Secretary of State‘s office, all three proposals’ sponsors submitted enough signatures to be placed on the November ballot. The proposals, all of which are expected to garner plenty of attention, included the medical marijuana initiative, the“Death with Dignity Act” proposal and the “Right to Repair” measure.

[edit]Signature filing deadlines

Starting on July 3 and ending on July 9, there were 9 petition drive deadlines for proposed ballot initiatives in Arizona, Arkansas, Massachusetts, Michigan, Nebraska, Nevada, Ohio, Oregon and Washington. The required amount of valid signatures was required to be submitted to the appropriate election officials on those days in order for initiatives to be placed on the ballot.

As previously mentioned, all initiatives who filed signatures in Massachusetts and Washington have made the ballot. The same cannot be said for initiatives filed in others states…yet.

Below is a summary of which initiatives filed signatures and are currently being verified:

• Arizona (July 5): “Open Government Act” Initiative, Federal Action Rejection Initiative, Sales Tax Renewal Amendment
• Arkansas (July 6): Severance Tax Increase Question, Medical Marijuana Question, Casino Amendment
• Michigan (July 9): Collective Bargaining Initiative, Renewable Energy Amendment, Tax Approval Amendment
• Nebraska (July 6): None
• Nevada (July 9) (Veto referendums): None
• Ohio: Ohio Redistricting Amendment (2012)
• Oregon: See Quick hits

[edit]Quick hits

Final signatures submitted for veto referendums in Maryland: Supporters of both the Maryland Redistricting Referendum and the Maryland Same-Sex Marriage Referendum have submitted their final signatures. According to reports, the Maryland Secretary of State has until July 20 to verify them. Supporters must have 55,736 valid names to gain ballot access. According to reports, supporters of the same-sex marriage referendum have submitted 162,241 names total and, of this, 109,313 have already been verify by the state. The Secretary of State has until August 3 to certify the ballot title for these measures.^[3][4]

Six groups filed signatures on Monday’s deadline in Michigan: Monday, July 9, marked the deadline for groups proposing constitutional amendments to turn in names to the Michigan Secretary of State. From the list of hopefuls six amendments submitted signatures. Those that filed are as follows: the Renewable Energy Amendment, International Bridge Initiative, Taxation Amendment, Home Health Care Amendment, “Protect Our Jobs” Amendment, and the Casino Gaming Amendment. The Michigan Fracking Ban Amendment did not file signatures, but supporters are aiming to place the measure on the 2014 ballot.^[5][6]

Cayman Island residents head to the polls on July 18

Residents in the Cayman Islands will have the chance to vote on whether they would like to have single-member constituencies with each elector having just one vote. The current system, a multi-member, multi-vote elector system has been the form of voting in the country for 180 years.^[7]

Supporters of the “one man, one vote” concept had attempted to place the issue on the ballot through a signature gathering process, but the government decided to place the issue as a referendum vote instead. However, proponents are still circulating petitions in order to use gathered signatures as a way to inform people about the issue and encourage them to vote on the July 18.^[7]

The Premier of the country, along with his party, the United Democratic Party, have come out against the measure and have held meetings encouraging residents to vote against the referendum. The party has stated that the current system of voting is not broken, so there is no need to fix it. When the Premier was asked why he was against a referendum which his government initiated, he stated that they placed the referendum on the ballot because the people wanted to vote on it, but that did not mean it reflected the views of the government.^[8]

In order for the vote to be valid, at least 50 percent of those residents who are registered to vote must cast a vote in favor of the measure.^[9]

The Tuesday Count Spotlight highlights notable developments from local ballot measures across the country as well as international ballot measures. 

California has one of the biggest ballot measure totals this year. How many measures are certified? Click here to find out!

BALLOT LAW UPDATE

Judge rules in California ballot numbering case: On Monday, July 9 Sacramento Superior Court Judge Michael P. Kenny ruled against Molly Munger who had filed a lawsuit in an attempt to prevent ballot priority for a measure filed by Governor Jerry Brown over one filed by her. Munger argued that though she filed her measure before the governor’s, the Secretary of State certified his first and thereby gave his measure an advantage because it will appear first on the statewide ballot. Judge Kenny ruled that the state did nothing wrong and said that to do otherwise would be an act of him telling counties exactly how they should operate their certification procedures. As a result of the ruling, the measures that will appear on the ballot have been assigned an order by the Secretary of State, with Gov. Brown’s being the first listed.^[10]

Supporters of the Minnesota Same-Sex Marriage Amendment to file lawsuit over ballot title: Upset over Minnesota Secretary of State Mark Ritchie’s new wording for how the amendment will appear on the ballot, supporters of the measure are discussing how to proceed with a lawsuit claiming Secretary Ritchie is unlawfully using his office to fight the measure. According to reports, supporters plan to file their challenge directly with Minnesota Supreme Court. For reference, Secretary Ritchie plans to change the title from “Recognition of marriage solely between one man and one woman” to “Limiting the status of marriage to opposite sex couples.”^[11]

A new update will be released in late July. Click here for past Ballot Law Update reports!

Edited by Greg Janetka

This week’s tracker features an update on the current special sessions in Florida, Virginia and Washington and a look at legislators who have recently had a brush with the law.

Sessions

This week 32 out of 50 state legislatures are meeting in regular session. No states are scheduled to convene or adjourn this week.

Twelve 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
• March 16: Wisconsin (will return for limited business on April 24)
• March 19: South Dakota

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.

Florida

Following the Florida Supreme Court’s 5-2 decision on March 9 to reject the state’s new Senate maps, the Senate reconvened in special session on March 14 in order to redraw its map.^[1]

The court cited problems with eight of the 40 senate districts and also noted potential problems with how the districts are numbered. With all 40 districts up for election this year, some legislators will be elected to two-year terms while others will be elected to four-year terms. Thus, depending how the districts are numbered, some senators could end up serving 10 years, two years longer than the eight-year term limit.^[2]

Senate Reapportionment Chairman Don Gaetz (R) released a plan on March 17, which makes changes to two dozen districts.^[3] The Senate passed the map 31-6 on March 22, sending it to the House, who is expected to pass it tomorrow. Democrats objected to the new map, saying it is likely to be rejected by the court. Senate Minority Leader Nan Rich stated, “This map still has the effect of protecting incumbents. I don’t want the Supreme Court to finish the job we were supposed to do.”^[4]

The session is slated to run through Wednesday.

Virginia

The Virginia General Assembly ended its regular session on March 10. 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 last Wednesday.^[5]

Democrats are seeking changes to spending priorities, as well as a power sharing agreement in the equally divided Senate.^[6] The Senate Finance Committee unanimously adopted an amended budget plan last week and leaders are hoping to take a vote on it today.^[7]

Washington

Washington is currently in special session. Gov. Chris Gregoire (D) called for the session on March 8 after it was clear the Legislature was going to end its 60-day regular session without passing a supplemental budget plan. House Democrats 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.^[8]

Senate Republicans unveiled a new plan on March 15 that Gregoire said she had no knowledge of despite meetings between the governor and senate leaders of both parties. Angered at being kept in the dark, she said she will not sign most of the bills awaiting her signature and threatened to veto some of them in order to force lawmakers to break their stalemate.^[9]

Gregoire put forth her own budget alternative last week that would keep sales-tax revenue collected by the state on behalf of local government’s in the state’s general fund for a longer period of time. The move, which assistant state treasurer Wolfgang Opitz described as “a permanent process change, not a one-time change,” would free up $238 million in spending.^[10]

The special session can last up to 30 days

In recess

As of today, March 26, 3 states’ sessions are currently in recess:

• New Jersey – In recess for budget hearings from March 16, 2012 through May 15, 2012^[11]
• North Carolina – Mid-term recess June 18, 2011 through May 12, 2012^[11]
• Wisconsin – In recess from March 17, 2012 through April 23, 2012. Will only return to conduct limited business.^[11]

Issues spotlight

This week we take a look at state legislators who have recently had issues with the law.

• Illinois state Rep. Derrick Smith was arrested on March 13 after allegedly accepting a $7,000 cash bribe during an undercover FBI operation and saying he wanted “no trace” of the money. According to the criminal complaint filed by the U.S. attorney’s office, Smith accepted the money in exchange for his official support of a state grant for a day care center.^[12] A week later Smith easily defeated Tom Swiss in the Democratic primary for Smith’s current District 10 seat.^[13]

• Last week Michigan state Rep. Bob Genetski‘s driver’s license was suspended for one year beginning on April 9. The decision stems from Genetski’s arrest on January 19 for allegedly refusing to take a breathalyzer test after begin stopped by a Michigan State University police officer.^[14]

• Ohio state Rep. W. Carlton Weddington surrendered to the FBI on March 13 after being indicted on a bribery charge. According to Edward Hanko, FBI special agent in charge of the Cincinnati field office, the Bureau set up an undercover sting, creating a fake business entity that spent over $16,000 to send Weddington to Miami and California as well as giving him cash and campaign contributions. In exchange, Weddington allegedly agreed to introduce legislation on behalf of the business. He is charged with one count of bribery, one count of election falsification and one count of filing a false financial-disclosure form.^[15]

• The campaign corruption trial of Pennsylvania state Rep. Jane Orie continued today as jurors held their fifth day of deliberations. She is accused of illegal use of state-funded staff to do campaign work, as well as perjury, forgery and evidence tampering in connection with her defense against the charges in what resulted in a mistrial last year. Meanwhile, former Speaker of the Pennsylvania House of Representatives John Perzel (R) was sentenced to up to five years in prison on March 21 after admitting he used public funds for a computerized election system in order to help Republicans win elections. He served from 1979 to 2010.^[16]

• South Carolina state Rep. Thad Viers resigned effective immediately last Wednesday, a day before he was indicted by a grand jury for stalking and harassment in the first degree. The charges stem from his arrest in January when an ex-girlfriend accused him of continuing to call, text, email and show up at her home and work despite having been broken up for over five months.^[17]

• Tennessee state Rep. David Hawk was arrested on March 18 on a domestic assault charge. According to the police report Hawk hit his wife in the face while she was holding their 11-month-old daughter. Hawk, who was released on bond, said he was innocent of the charge, explaining that during the incident “my wife had a gun and told me she was gonna put a bullet in my head while I was holding my baby. At that time, I escaped to safety with my daughter.”^[18]

• On a lighter note, New Hampshire state Rep. Kyle Tasker (R) did not face any charges, but raised a number of eyebrows after he accidentally dropped his gun on the floor during the beginning of a meeting of the House Criminal Justice and Public Safety Committee on March 20. The gun did not fire and Tasker explained that he had donated blood that morning and was feeling “loopy” at the time.^[19]

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

Three states – Missouri, South Dakota and South Carolina – have signature filing deadlines this week.

So far, deadlines have passed in 19 states:

States with upcoming deadlines:

• March 27: Missouri
• March 27: South Dakota
• March 30: South Carolina
• April 2: Colorado
• April 5: Tennessee
• April 13: North Dakota
• May 7: Florida
• May 15: Michigan

Primaries

See also: 2012 election dates

There are no states holding primaries this week.

So far, primaries have taken place in two states:

• Ohio – March 6
• Illinois – March 20

Thus far, a total of five state legislative incumbents have been defeated in a primary.

States with upcoming primaries:

• April 24: Pennsylvania
• May 8: Indiana, North Carolina, West Virginia
• May 15: Idaho, Nebraska, Oregon
• May 22: Arkansas, Kentucky
• May 29: Texas
• June 5: California, Iowa, Montana, New Mexico, South Dakota

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.^[20] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012. Dane County Circuit Judge Richard Niess signed an agreement scheduling primaries for May 8 with general elections on June 5. If there is no primary the general election takes place on May 8.^[21]

Following Pam Galloway‘s resignation on March 17, the Wisconsin Government Accountability Board announced the recall would continue as scheduled, leaving Republicans without a candidate. This past week state Rep. Jerry Petrowski stepped up to fill that void. He will face fellow state Rep. Donna Seidel (D) in the race.^[22] GAB has a meeting scheduled for Friday to take final action on recall petitions against the governor and lt. governor.^[23]

Special elections

See also: State legislative special elections, 2012

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

Looking ahead

Upcoming special elections include:

• 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