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Edited by Al Ortiz

Although there was a decertification this week, that didn’t hold back the Tuesday Count from growing to 77 ballot measures in 28 states. Montana subtracted a measure from the ballot via legal challenge, while Georgia and Minnesota each chipped by adding their own statewide proposals.

On November 23, 2011, a lawsuit to strike the Montana Supreme Court Elections Question from the June 5 primary election ballot was filed by a group state voters which reports say included a handful of 1972 Constitutional Convention delegates. According to the lawsuit, the measure would illegally amend the Montana Constitution. The lawsuit specifically stated: “The referendum is illegal, unconstitutional and void, in that it deprives (voters) of their right to vote for certain Supreme Court candidates.”

On March 20, those who filed the lawsuit got their wish. Judge James Reynolds struck the measure from the ballot saying that adding the new candidate requirements for Supreme Court justices, those which required that candidates live inside proposed regional districts, conflict with what is already in the state constitution.

Requests by supporters to simply remove the offending language were denied, with Judge Reynolds saying, “Without clear judicial legislation, this court cannot rewrite the remaining parts of this referendum. To do so would entail completely rewriting the title, the ballot statement, the statements of implication, and the text of the referendum itself. There is no constitutional or statutory authority for such a revision.” Reportedly, both sides expect an appeal to the Montana Supreme Court.

Meanwhile, in Georgia, an amendment will appear on the ballot in November that would allow the state to set up charter schools. Sent to the ballot by the Georgia Legislature, the measure developed following a May 2011 ruling by the Georgia Supreme Court. The court ruled that the state’s involvement in the establishment of public charter schools – the Georgia Charter School Commission – was unconstitutional. Specifically, the court ruled that the commission was illegal because it approved and funded charter schools despite objection by local school boards. For another major development regarding this measure, read the section of this report.

Minnesota legislators have been fast at work sending a second constitutional amendment to the statewide ballot after their May 2011 decision to refer a same-sex marriage measure to state voters. On Friday, March 23, the Minnesota Senate passed a voter identification amendment with a 36-30 vote. This action passed the amendment to the November ballot since the bill was previously approved by the Minnesota House of Representatives.

The proposal would require that all voters in the state show photo identification before voting. Legislation to enact similar laws without a constitutional amendment passed both chambers of the Minnesota Legislature, but were vetoed by Governor of Minnesota Mark Dayton.

Health care developments

This week, the United States Supreme Court will hear arguments to decide whether or not the “Affordable Care Act”, signed by President Barack Obama in 2010, is unconstitutional.

However, since 2010, states across the union have seen opponents of the legislation fight back via statewide ballot measures, through both the legislature and by citizen initiative. These measures, proposed for statewide public votes and known as “health care freedom” measures, bar any rules or regulations that would mandate state residents to participate in a health-care system.

Given the historic implications of this week’s events, here’s a review of statewide ballot measures that were proposed or voted on since 2010:

• In 2010, four “health care freedom” measures were on the ballot in Arizona, Colorado, Missouri and Oklahoma, with three being approved and the lone citizen initiative being defeated in Colorado.

• In 2011, one “health care freedom” measure made the ballot, this time in Ohio. The measure was approved with a vote of 65.63% to 34.37%. That measure was proposed via citizen initiative.

• The 2012 elections have yet to occur, but four measures are on the ballot regarding the national health care legislation. All four are legislative referrals.

• In all, since 2010, at least 17 states saw proposed measures that later failed to make the ballot. Note: not all measures categorized under “health care” pertain to the national legislation.

Quick hits

• UND hockey team takes the ice with no nickname for first time: Saturday, March 24, marked the first time the the University of North Dakota men’s hockey team played a game wearing jersey’s bearing neither the ‘Fighting Sioux’ nickname nor the accompanying logo. Though this is the first sign of the NCAA’s actions against the school have taken effect, the fight for the nickname is far form over. North Dakota Measure 4, a referendum on laws repealing the mandated use of the nickname, is set to appear on the state’s June 12 ballot.^[1]

• Judge rules on part of challenge to Montana Taxpayer Dividend Measure: On Wednesday, March 14, Jeffrey Sherlock threw out one of the measure’s opposing arguments, ruling that the ballot measure does not represent an illegal appropriation of money by ballot issue. However, the challenge to the measure is not over yet, Judge Sherlock still has to rule on whether or not the measure constitutes an illegal delegation of power.^[2]

• Georgia Senate approves bill for funding charter schools: On March 26, the Georgia Senate approved HB 797, sending it back to the House for final approval. The bill essentially creates a system for funding charter schools in the state, and also recreates the Georgia Charter Schools Commission. The bill is intended build on state laws regarding charter schools and will be mostly relevant if the Charter Schools Amendment passes the public vote in November.^[3][4]

SPOTLIGHT:School and city taxes dominate Missouri April election
Next week on April 3 in the state of Missouri an estimated twenty-three counties will hold elections. Those twenty-three counties are the sole counties, at this time, to have posted election information that will be voted on by residents. (See how Missouri counties fared in the most recent “County website election information” study)

According to those counties, there are twenty-two measures that relate to school bond and tax issues.

• Most notably, in the Joplin school district area, approval is being sought for a $62 million bond in order to help pay for tornado damaged facilities and to build a storm shelter for potential future disasters.
• In the St Joseph school district, they are asking for a bond in the amount of $42 million in order to allow for renovation projects in the district including building a new elementary school.
• In Christian County, a levy renewal and addition are being asked to further support the law enforcement services in the county. Opponents have noted the jail is only 10 years old and there should not be a need for additional money.
• Greene County is also seeking an additional tax for law enforcement services in the county, though this tax would increase the county sales tax rate by 1/8th of a percent.

Colorado, Florida and Wisconsin will also have issues decided on April 3. Stay tuned for results!

Click here for a full list: March 20, 2012 ballot measures in Illinois

An Ohio Constitutional Convention question is on the ballot in 2012. When was the last time a question like this was on the Buckeye State’s ballot? Click here to find out!

BALLOT LAW UPDATE
CA Court upholds recall signatures: On March 12, a California Superior Court allowed a recall election to move forward against a Shasta Lake city council member. The target of the recall had sued to block the election, alleging that a resident of another district assisted in the signature collection. California has an in-district residency requirement on the books for local signature campaigns. However, the judge held that, independent of the circulator’s residency, the election should go forward. The judge noted that the circulator, not the signer, is accountable under California law. The in-district requirement is currently being challenged, and the state maintains that the law is not enforced.^[5]

• The full decision can be found here.

Ruling in Mukilteo Traffic Cam Case: On March 8, 2012, the Washington Supreme Court ruled against a Mukilteo initiative aimed a blocking traffic enforcement cameras. The Mukilteo initiative qualified for the ballot and was approved by a large margin. However, a citizen’s group (Mukilteo Citizens for Simple Government) challenged the initiative, arguing that the traffic camera program was not subject to the local initiative process. A lower court held that the case must wait until after the 2010 election–that decision was appealed to the Supreme Court. The High Court ultimately agreed with the plaintiffs, arguing that the state statute authorizing the cameras gave local officials sole discretion over their use. The Court cited City of Sequim v. Malkasian which held that:

A grant of power to a city’s governing body… means exclusively the mayor and city council and not the electorate.

Prior to the ruling, the Mukilteo City Council chose to treat the question as advisory and remove the cameras voluntarily. The ruling is expected to apply to similar cases around the state.^[6]

• The majority opinion can be found here.
• The dissenting opinion can be found here.

A new update will be released on March 28, 2012. Click here for past Ballot Law Update reports!

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Edited by Al Ortiz

Two more measures have been tacked on to the Tuesday Count total, with one proposal being twenty years in the making. While the count rose to 76 ballot measures in 28 states, registered Ohio voters will decide on a ballot question with deep implications regarding the state constitution.

In the Buckeye State, a constitutional convention question appears on the ballot every 20 years. The question asks voters whether to create a convention to revise, alter or amend the state constitution. The last time a constitutional convention question appeared on the ballot in the state was in 1992. That measure was defeated. Of the four constitutional convention questions that have been previously placed on the ballot in Ohio since 1932, none have ever been approved.

In 2010, four constitutional convention questions were on statewide ballots. Of those four, only one obtained a majority of the vote. That measure, approved in Maryland by state voters, did not result in a convention.

The measure, according to the state constitution, needed to have the approval of those who turned in an election ballot for the position of Governor and not just the majority of those who simply voted on the measure. Reports stated that the proposal fell short and a constitutional convention would not be held. Only 48% voters who voted for the position of Governor voted ‘yes’ on the question, essentially voting down the measure, according to preliminary figures from the Maryland State Board of Elections.

This week’s other ballot certification came from the state of North Dakota, where a competitive brawl is taking place surrounding the University of North Dakota’s use of the “Fighting Sioux” mascot. On March 13, North Dakota Secretary of State Al Jaeger announced that the signature verification process was complete and the North Dakota University “Fighting Sioux” Referendum was qualified to appear on the June 12 ballot.

According to Secretary Jaeger, 14,901 names of the 16,824 that were submitted were validated, which put referendum supporters 1,449 signatures ahead of the 13,452 that were required.

Though the measure is certified to appear on the ballot in June, it is still not entirely clear that the referendum will make it that far. In February the North Dakota Board of Higher Education filed a lawsuit with the state aiming to keep the question off the ballot. The state Supreme Court is currently reviewing the lawsuit.

In other news, Kentucky voters may see a ballot measure relating to redistricting when they flock to the polls this November. The state legislature is currently reviewing the proposal after the Kentucky Supreme Court overturned the state’s legislative districts on February 24.

The measure would set new standards for the process of redistricting for the Kentucky Legislature. Specifically, the measure would require the general assembly to remain in session without pay if it fails to complete redistricting by April 15. The April 15 date is the mandatory deadline to end a state legislative session in even-numbered years.

The measure was approved by the Senate State and Local Government Committee on March 14, 2012 with a vote of 9-0, sending the measure to the full state senate for a vote. If the measure is approved by that chamber, it would then be sent to the Kentucky House of Representatives for a similar vote.

Gambling is also at the forefront of the ballot measure world, with that particular topic being considered in Rhode Island. Although Rhode Island voters are already going to be served up one casino measure on their fall ballot, the state legislature is trying to hand them a second helping.

On February 29, 2012, the House Finance Committee endorsed putting a question on the ballot that would authorize casino games at Newport Grand.

The measure is similar to the other casino amendment already on the ballot that would authorize casino games at Twin River. This sent the proposal to the full chamber for a vote. The state house then voted to approve the measure with a tally of 69 to 3, sending it to the Rhode Island State Senate. If the senate approves the bill, it would then be decided by the public.

Quick hits

• Alternate legislative proposal emerges regarding Idaho animal cruelty initiative: On March 12, a legislative response to the Idaho Felony Animal Cruelty Initiative crystallized when the state Agricultural Affairs Committee reviewed and approved a bill similar to the initiative. Then on March 15, the House passed the bill with a vote of 64 to 4, sending it to the Idaho State Senate. If approved there, the measure would forgo a public vote and become a law.^[1][2]
• Three initiative petitions approved for circulation in Michigan: On March 19, the Board of State Canvassers approved petitions for three initiated constitutional amendments. Two, the Michigan “Protect Our Jobs” Amendment and the Michigan Home Health Care Amendment, are labor union related, while the third is the Michigan Declaration of Independence Language Amendment, is independently sponsored.^[3]
• Minnesota House Rules Committee approves voter ID amendment: On March 19, the Minnesota Rules and Legislative Administration Committee approved the Minnesota Voter Identification Amendment, thereby passing it on to the full House. A vote by the House on the amendment has not yet been scheduled.^[4]

SPOTLIGHT:Four states to host April 3 elections
In two weeks, the states of Colorado, Florida, Missouri and Wisconsin will all hold local elections on April 3.

In Colorado and Florida, just one measure will appear on a local ballot. However in Wisconsin, thirty-seven counties will vote on local ballot issues, mostly dealing with school bonds and taxes.

• Some notable non-school issues in Milwaukee County will be voted on by twelve municipalities. They will vote on two issues concerning the county board – whether to reduce the number of board members by half, as well as make their job a part time position. Though the questions are just advisory, those in favor of the Board being reduced are hopeful county officials will take the residents’ vote seriously.
• Additionally, there will be a total of thirty school issues decided. Most ask residents to allow for levy increases and exceed set revenue limits so that schools have more available funds for operational costs.
• Another notable school measure in the Beloit School District area is seeking approval of a bond in the amount of $70 million. The bond money would go towards general facility improvement and maintenance costs as well as building additions to a few of the schools in the district.

Also, today in Illinois residents throughout the state will vote on varying local issues ranging from electricity aggregation to city and county tax issues. An estimated 391 measures are on county ballots throughout the state.

Click here for a full list: March 20, 2012 ballot measures in Illinois

A recent ballot measure certification in Nebraska deals with what political topic? Click here to find out!

BALLOT LAW UPDATE

Ninth Circuit upholds distribution requirement: On March 14, the Ninth Circuit Court of Appeals upheld Nevada’sdistribution requirement. The decision in Angle v Miller comes after two successful challenges, each resulting in changes to the state’s requirment. For more on the history of Nevada’s distribution requirement, click here.^[5]

• The full decision in the case can be found here.

Nebraska repeals residency requirement: On March 14, the Governor of Nebraska, Dave Heineman, signed Legislative Bill 759 into law. The bill repeals the state’s residency requirement–a law that prohibits out-of-state residents from gathering signatures for state ballot measures. The restriction was declared unconstitutional last year in Citizens in Charge v. Gale.^[6][7]

• Official bill information can be found here.

WA Court Upholds Liquor Measure: On March 19, Cowlitz County Superior Court Judge Stephen M. Warning reversed his decision invalidating Initiative 1183. The measure, passed in 2011, privatized liquor sales and also allocated $10 million dollars for public safety efforts. Warning initially held that these two provisions together violated the state’s single-subject rule. However, he was ultimately persuaded to reverse the decision given the connection between liquor regulation and public safety. Opponents will likely appeal the decision.^[8]

A new update will be released on March 28, 2012. Click here for past Ballot Law Update reports!

Edited by Greg Janetka

This week’s tracker features an update on special sessions in Florida and Washington as well as a look at continually divided Wisconsin, where recall dates have been set against four incumbent senators.

Sessions

This week 34 out of 50 state legislatures are meeting in regular session. This week no states are scheduled to convene, while South Dakota adjourns today.

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
• 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]

According to Senate leaders the court only cited problems with 8 of the 40 senate districts and they plan to focus solely on those areas. Critics, however, point out that any minor changes will affect neighboring districts. “There is no such thing as tweaking the map,” said state Democratic Party chair Rod Smith.

The court 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 Saturday which makes changes to two dozen districts. It will be considered by the full Committee tomorrow and go to the Senate floor later this week. The session is slated to run through March 28.^[3]

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 March 21.^[4]

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.^[5]

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. The special session can last up to 30 days.^[6]

In recess

As of today, March 19, 1 states’ session is currently in recess:

• North Carolina – Mid-term recess June 18, 2011 through May 12, 2012^[7]

Issues spotlight

Counting South Dakota’s adjournment today, a total of 12 states have ended their regular session for the year. Here is an update on major topics that were addressed in those that adjourned in the past week:

South Dakota

Legislators returned to the state capitol today to consider two vetoes and wrap up their business. Sen. Tim Rave (R) summed up the session’s work, stating, “Obviously education, education, education and then we talked about education.”^[8]

Race said HB 1234, which narrowly passed, is the most comprehensive reform bill he’s ever worked on. It will dedicate millions of dollars to teacher bonuses, set up a scholarship program for future teachers and end tenure. Of the over 470 bills considered by the Legislature this session, 54 percent were passed. The two bills vetoed by Gov. Dennis Daugaard (R) that they will consider today concern carrying concealed handguns without a permit and prohibiting cities from banning digital billboards.

Wisconsin

The Wisconsin State Senate finished its work for the year on Thursday, the last day scheduled for passing bills, after meeting for less than an hour. The Assembly, however, did not adjourn until late Friday after Democrats held a 30-hour long filibuster over a bill that would have dissolved the Milwaukee Area Technical College board. Democrats returned to the floor at 3 a.m. on Friday, giving speeches and interrupting GOP attempts to adjourn until Republicans finally agreed late in the afternoon to reappoint the current members of the MATC board.^[9]

The contentious end of the two-year long session was just the latest in a long line of partisan fighting that began in February 2011 when Gov. Scott Walker (R) introduced his budget repair bill which limited collective bargaining rights, compensation and fringe benefits of public employees. Also noteworthy was the passage of a bill allowing citizens to carry concealed weapons and one to require photo ID at the polls, which Democrats argued was unconstitutional.^[10] Last week a circuit court judge agreed with Democrats, issuing a permanent injunction against the Voter ID measure.^[11]

The end of the session saw a firestorm over a mining reform bill aimed at getting Florida-based Gogebic Taconite to open an iron mine in northwester Wisconsin, creating hundreds of jobs. Republicans were unable to amass the necessary number of votes when Sen. Dale Schultz (R) sided with Democrats against the bill. Schultz and Democrat Bob Jauch are being targeted for possible recall over their opposition to the bill, while Republican leaders are said to be considering a special session to try and get the measure passed.^[12]

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

New Mexico is the only state this week with a signature filing deadline.

So far, deadlines have passed in 18 states:

States with upcoming deadlines:

• March 20: New Mexico
• March 27: Missouri
• March 27: South Dakota
• March 30: South Carolina
• April 2: Colorado
• April 5: Tennessee
• April 13: North Dakota

Primaries

See also: 2012 election dates

Illinois holds its primary elections tomorrow – all 59 Senate seats and 118 House seats will be on the ballot. The first state legislative primary elections of 2012 took place earlier this month in Ohio.

States with upcoming primaries:

• March 20: Illinois
• 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.

Arizona

Former state Sen. Russell Pearce (R) became the first legislator to be removed in state history when voters recalled him from office last November. Up till now he has not made his future plans clear, but that could change today – Pearce is speaking at an event where many expect him to announce a campaign for state Senate. Following redistricting, Pearce was moved from the 18th to the 25th District – if he does chose to run that could set up a primary between Pearce and current Republican incumbent Rich Crandall.^[13]

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.^[14] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012.

Last week was a busy one – on Monday the board dismissed all of the challenges submitted by the senators against the petitions, voting unanimously to order recalls against all four.^[15] On Tuesday, GAB received an extension on their deadline to certify the results, giving them until March 30. The following day 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.^[16]

The Senate wrapped up their 2012 session on Thursday^[17], and on Friday Sen. Galloway announced she was resigning her seat, effective the following day, but said it had to do with her family and not the recall. GAB said the recall will continue as scheduled and Republicans are now seeking a candidate to take Galloway’s place.^[18]

Meanwhile, conservative group Citizens for Responsible Government said they are going forward with plans to recall senators Dale Schultz (R) and Bob Jauch (D) who both worked to reject a compromise on a bill aiming to increase the speed of the state’s approval for iron ore mines. CRG is expected to announce more details about their plans today.^[19]

Special elections

See also: State legislative special elections, 2012

Five special elections are scheduled to take place this week in New York – four seats are in the Assembly and one is in the Senate.

New York Assembly District 93

Mike Spano (D) resigned in 2011 after being elected Mayor of Yonkers.^[20][21]

General election candidates:

Shelley Mayer – Mayer is also running on the Independence and Working Family Party tickets.

Donnamarie Nolan

New York Assembly District 100

Thomas Kirwan (R) passed away in 2011 at the age of 78.^[22][23]

General election candidates:

Frank Skartados – Skartados is also running on the Working Family Party ticket.

John Forman – Forma is also running on the Independence and Conservative Party tickets.

New York Assembly District 103

Marcus Molinaro (R) resigned after being elected Dutchess County executive.^[24][25]

General election candidates:

Didi Barrett – Barrett is also running on the Working Family Party ticket.

Richard Wager – Wager is also running on the Independence and Conservative Party tickets.

New York Assembly District 145

Mark Schroeder (D) resigned after being elected Buffalo City comptroller.^[26][27]

General election candidates:

Christopher Fahey – Fahey is also running on the Working Family and Conservative Party tickets.

Michael Kearns – Kearns is also running on the Independence Party ticket.

New York Senate District 27

Carl Kruger (D) resigned in 2011 after pleading guilty to corruption charges.^[28][29]

General election candidates:

Lewis Fidler – Fidler is also running on the Independence Party ticket.

David Storobin – Storobin is also running on the Conservative Party ticket.

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

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 Geoff Pallay

COLUMBUS, Ohio: While most attention for Super Tuesday yesterday centered around the presidential primaries, there were other elections throughout the state of Ohio. Party primaries were held for 16 U.S. House seats, 1 U.S. Senate seat, and 116 state legislative seats.

Here’s a recap.

Congress

Two incumbent U.S. House members were defeated in Ohio’s primary last night. Jean Schmidt (R) fell to challenger Brad Wenstrup (R) and Dennis Kucinich (D) lost to fellow incumbent Marcy Kaptur (D).

According to the unofficial results, Wenstrup received 48.79% of the vote while Schmidt garnered 42.76%. Kaptur defeated Kucinich handily, 56.44%-39.74%.^[1]

In 2010, Schmidt won her primary with more than 61% of the vote. That year, there were 58,681 votes cast in the Republican Primary for District 2. Last night, more than 84,000 votes were cast according to unofficial results.^[2]

Mary Jo Kilroy (D), a former U.S. Rep who lost to Steve Stivers (R) in the general election in 2010, failed to make it out of her party primary this time around. She was defeated by former State representative Joyce Beatty in the Democratic Primary for the 3rd congressional district.

All other incumbents who faced opposition advanced to the general election. There were 19 contested primaries in the 16 U.S. House districts. Here are the candidates who are advancing to the general election:

Democratic Party

Republican Party

Third Party

Two races – Districts 1 and 2 – appear to have ended with less than 100 votes separating the two candidat. Jeff Sinnard defeated Malcom Kantzler in the Democratic Party primary for District 1. The winner will face incumbent Steve Chabot in the general election. In neighboring District 2, William R. Smith beat David Krikorian by 51 votes. Smith will face Brad Wenstrup, who unseated incumbent Jean Schmidt in the Republican primary.^[1][2]

Additionally, current Ohio Treasurer Josh Mandel won the GOP nomination for the U.S. Senate race where he will face incumbent Sherrod Brown (D) on November 6.

Republicans control 13 of the 18 seats heading into the November general election.

State legislatures

Voters went to the polls to select candidates to appear on the November 6 ballot in 116 state legislative races in the State Senate and State House.

Of the 232 possible elections (1 Democratic primary and 1 Republican primary for each of the 116 seats), there were only 35 contested primaries — which means voters had multiple candidates to choose from in only 15.1% of party primaries. In other words, in all but 35 of the races only one candidate from each party appeared on the ballot.

One incumbent lost his bid for re-election.

• HD73 Incumbent Jarrod Martin (Incumbent from HD70) lost his bid for re-election.^[3]

All other incumbents advanced to the general election.

Republicans control both chambers of the state legislature by large margins.

March 6, 2012

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Edited by Al Ortiz

Consistency is reigning supreme on the Tuesday Count. For the fourth consecutive week, not only has the total of certified ballot measures grown, but it has grown by multiple measures, leaving the count at 72.

South Dakota voters will have a full plate on their ballots come November 6. Recently, the state legislature sent four legislatively-referred constitutional amendments to the ballot during session, adding to the two that were already up for a public vote.

The four measures that were added to the ballot include one that would modernize language dealing with corporations, a proposal to strike from the state constitution a travel reimbursement provision for state lawmakers, a measure make clear in the state constitution that the state budget must be balanced, and a question on whether or not to change how much money is taken from the state’s cement-plant trust fund each year.

The four freshly-certified measures etched onto the fall ballot join Referred Law 14 and Initiated Measure 15 on the ballot.

The six measures on the South Dakota 2012 ballot hits the exact average of measures found on the statewide ballot since 2000. The year with the most measures on the ballot in that state was in 2008, when 15 measures were decided by registered voters. Only three were approved.

Elsewhere, in California, the highly-scrutinized issue of the death penalty is boiling over. Supporters of the initiative effort to end the death penalty handed over signatures to the California Secretary of State for verification.

Over 800,000 signatures were submitted on March 1 to qualify the measure for the state’s November 2012 ballot. 504,760 valid signatures are required for qualification purposes. As of today, March 6, signatures have not yet been verified for the ballot.

Check this article for any updates on the verification process.

California has 714 people on death row. Seven of them have exhausted all appeals and are therefore eligible for execution, although legal challenges to California’s lethal injection procedure must be resolved before any of them could be executed. The last execution in California took place in 2006.

Initiative news in the west is not just limited to California, as two Nevada anti-abortion petitions have been approved for circulation following a long legal duel.

The two measures, one filed by Personhood Nevada and the other by ProLife Nevada, chalked up a win recently when opponents of the proposals decided to cease legal challenges to language and descriptions of the petitions. Previously, both initiatives were struck by District Judge James Wilson Jr. in two separate lawsuits for each measure. Both lawsuits challenged that the language of the proposals were vague and misleading. After rewriting the language, supporters then gained permission to circulate petitions.

Initiative organizers have until June 19 to gather more than 72,000 signatures to qualify the proposed constitutional amendments for the November ballot.

The developments in Nevada join a growing “personhood” movement across the country as 11 states have seen versions of the proposal for 2012. Three have already faced, or are facing, court battles.

Included is the most recently proposed measure, this time out of Oklahoma, which has seen proposals from both the legislature and via citizen initiative, organized by Personhood Oklahoma.

Quick hits

• Lawsuit over the Alaska Parental Notification Initiative comes to an end: Closing arguments were heard on March 2 in a lawsuit regarding Ballot Measure 2 from 2010. The 14 day trial began on February 13 and Judge Suddock is expected to rule on the case within 2-3 weeks from closing arguments.^[1]

• North Dakota University threatened with new wave of NCAA sanctions: According to a letter from Bernard Franklin, an NCAA executive vice president, the school must forfeit any post-season games if it does not “take measures to minimize or eliminate the presence of the imagery or nickname brought to an NCAA championship venue.” Some, such as Brian Faison, the university’s athletic director, think that this new threat will help to convince supporters of the “Fighting Souix” nickname that they are facing a real threat.^[2]

• Unions prepare to fight “Right to Work” legislation in Michigan: On March 1 Bob King, president of the UAW, announced that a coalition of unions would be supporting an initiated constitutional amendment to ban any “Right to Work” legislation being considered by the state. The effort will focus on getting the amendment on this year’s November ballot.^[3]

SPOTLIGHT:Oregon hosts small local election next week
On March 13 Oregon residents will go to the polls to decide on a few local issues. Only four counties decided to have local measures on this special election date for a total of 11 measures up for a vote.

Of those measures, eight seek to amend city charters, two call for annexation approval and one deals with local drinking water. The city of Philomath is asking residents if they want to allow the city to resume adding fluoride to the local water supply. The city had been adding fluoride to the water supply since the 1980s but concerns were raised and now the city is seeking voter approval to continue. Those in favor of fluoride note that it helps with children’s teeth, those opposed say there are more dangers to the addition. Another notable measure is in Estacada which has two competing urban renewal proposals up for a vote. Residents had petitioned for a change in urban renewal to be put to a vote, but the city countered their proposition with one that would instead place urban renewal proposals in line with the state.

Today, March 6, Ohioans in 76 counties in the state will vote on local measures in addition to the presidential primary and elections for U.S. House, U.S. Senate, State Senate and State House. Issues vary from school proposals to alcohol and city taxes.

Marijuana made the ballot this past week in what state? Click here to find out!

BALLOT LAW UPDATE

Missouri fiscal impact ruling: Last Thursday, Missouri Circuit Judge Jon Beetem ruled that the state’s fiscal review process for ballot measures violates the Missouri Constitution. In Missouri, the state auditor is responsible for drafting a statement of each proposed measure’s impact on state finances. However, the state constitution requires that:

• “No duty shall be imposed on [the state auditor] by law which is not related to the supervising and auditing of the receipt and expenditure of public funds.”

Since evaluating proposed measures concerns potential impacts, Beetem ruled that the task falls outside the auditor’s supervisory role. In addition, he ordered the statement to be removed from the ballot title in question.

Since the official ballot title must be included on statewide petitions, the legality of petitions with the offending statement is now in question. Some worry that the ruling could force the Secretary of State to exclude numerous signatures already collected for several statewide ballot measures. State Auditor Tom Schweich plans to appeal the decision to the Missouri Supreme Court. A similar ruling in 1996 found that the Joint Committee on Legislative Research could not evaluate proposed initiatives.^[4][5]

• The relevant state statute can be found here.

• The relevant constitutional provision can be found here.

A new update was released on March 28, 2012. Click here for this and other Ballot Law Update reports!

Edited by Al Ortiz

As of today, February 28, the Tuesday Count crawled up by two more ballot measures. We are now up to 68 proposals. A new state has also jumped into the mix as momentum is picking up for ballot question certifications.

Colorado is the new addition to the states with measures on the ballot, as persistent efforts to put marijuana legalization up for public vote came to fruition. The proposal will be on the November 6, 2012 ballot in Colorado as an initiated constitutional amendment. The measure would legalize marijuana in the state, asking whether or not to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older.

The road was bumpy for organizers of the effort, as the initiative was filed eight different times with the Colorado Attorney General around the date of May 20, 2011, hoping for circulation approval of one of them. The proposal was filed multiple times, with some differences, in order increase the chances of passing the Title Setting Review Board, and allowing for circulation of petitions.

Supporters submitted more than 155,000 signatures to the Colorado Secretary of State‘s office on January 4, but on February 3, the Colorado Secretary of State announced that the initiative effort had fallen short about 2,500 signatures. Sponsors then had until February 15 to submit the additional signatures required to make the ballot. Petitions with the additional signatures were then turned in around that date.

On February 27, the Colorado Secretary of State verified the signatures, placing the measure on the 2012 ballot.

A similar measure was on the 2006 ballot in the state, where it was defeated.

Since 2008, a grand total of 30 statewide ballot measures relating to the issue of marijuana have been proposed for or have been on the ballot in 15 states. The last statewide vote on marijuana to take place was on Arizona’s Proposition 203, which was approved.

The second of the pair of ballot certifications comes from California, which dives into the ever-present issue of legislative redistricting. The measure is an attempt to use California‘s veto referendum process to nullify the California State Senate redistricting plan approved by the California Citizens Redistricting Commission.

Sponsors of the initiative needed to collect 504,760 signatures by November 13, 2011 to qualify the measure for the ballot. Its supporters turned in 710,924 signatures in 57 of California’s 58 counties by the deadline.

On February 24 the California Secretary of State‘s office announced that the measure had qualified for the ballot.

In other state legislature-related ballot measure news, Nebraska and South Carolina lawmakers saw ballot proposals introduced recently about term limits for state legislators. However, one state proposal deals with expanding term limits, while two others are about shrinking them.

The latter two proposals were found in South Carolina, where one measure would ask if State Representatives‘ terms should be at most eight two-year terms, while the other would ask if State Senators‘ terms should be at most four four-year terms. According to reports, the measure was introduced by State Representative Bakari Sellers.

A legislatively-referred amendment can go on the ballot if approved by a 2/3rds vote of each house of the South Carolina State Legislature.

In Nebraska, the proposed term limit amendment would raise state legislative term limits to three consecutive terms, whereas the current limit is two. The proposal was introduced by state Senator Tom Carlson.

In order to qualify a proposed measure to the statewide ballot, 60% of the members of the Nebraska State Legislature must vote in approval.

On Thursday, February 23, the state legislature passed the amendment through it’s first round of debate on a 30-12 vote.

Quick hits

• Lawsuit filed against Nevada mining tax cap amendment: The Nevada Mining Association filed a lawsuit in state court in Carson City during late-February 2012, attempting to block the measure from the ballot. The association stated that the Mining Tax Cap Amendment was misleading and failed to describe the consequences to Nevada’s overall tax structure if enacted by voters.^[1]

• New poll shows Ohio voters in favor of election law referendum: A poll was released by Lake Research Partners showing a slight opposition to the election law targeted by a veto referendum. It was concluded that 54% of respondents were opposed to the law, therefore favored repealing it. The margin of error of the poll was +/- 3.7 percentage points.^[2]

• Bill legalizing gay marriage in Maryland to be signed this week: After the bill’s passage last week in the Maryland State Senate it was sent to Governor Martin O’Malley, who has vowed to sign it. The legislation is scheduled to be signed by the governor on Thursday, March 1. A day after the senate approved the bill, opponents began the petition process to get a veto referendum on this year’s ballot.^[3]

SPOTLIGHT:Ohio voters to decide on taxes, electrical aggregation and more
On March 6 residents in Ohio will have their chance to head to the polls to decide on a wide variety of local issues. Nearly all 88 counties in Ohio will have issues to be decided, from school bonds and taxes to city income taxes and electrical aggregation questions. Several school districts are asking for tax renewals or bond approvals, including the Parma & Strongville school districts, which are asking for renewals of their local property taxes and the Wyoming and Ridgemont school districts that are asking for bond money to help with renovating and adding on to school facilities. Counties are also asking for continued levies for Senior and Health programs, including in Clinton County where both a Senior and Health levy are up for renewal which would cost residents $0.65 per $1.00 of assessed value combined for an additional five years. These levies help continue county services for those who are unable to afford the services on their own, according to reports.

Also, on February 28, Michigan is having its primary election with several local issues also being decided by voters. Take a look at the measures here and stay tuned for results.

The Texas primary was originally delayed from March 6 to April 3, but with that date now looking highly unlikely, party officials are discussing dates in what month? Click here to find out!

BALLOT LAW UPDATE

Georgia signer ID requirement: Last Wednesday, a Georgia bill (SB 377) died in committee. The bill would have required citizens to show a state-issued ID upon signing a candidate petition. Georgia does not have statewide initiative and referendum.^[4]

Walker to let recall count stand: After unsuccessfully seeking a second extension to the signature review period, Wisconsin GovernorScott Walker (R) has announced that he will not challenge the recall signatures filed against him. Walker contends that the first, 20-day extension did not provide his team enough time to review the signatures. Wisconsin does not have a central voter registration database. More than 1 million signatures were submitted.^[5]

However, Walker’s legal team won a victory in early January that forced the Wisconsin Government Accountability Board to examine recall signatures more thoroughly.^[6] In a press release, Walker’s campaign expressed confidence that this ruling would guide the GAB in verifying the signatures.

A new update will be released on February 29, 2012. Click here for past Ballot Law Update reports!

Edited by Geoff Pallay

As the filing deadlines for the 2012 elections get closer and closer, the redistricting process is becoming more and more frenetic across the country.

In the last two weeks, redistricting maps have been approved, thrown out by court, and introduced at a rapid rate across the country. The most intensive and controversial events have occurred in Florida, Missouri, New York, Pennsylvania and Texas.

• Florida: The Florida State Senate has succeed in getting largely bi-partisan approval for its State Senate and US House redistricting plans. The plans passed on January 17 by a 34-6 margin. Opponents argue that the maps gained support by protecting incumbents and, thus, violate the new redistricting ammendments. However, redistricting committee chair and incoming Senate President Don Gaetz (R) defended the plans as the product of bi-partisan cooperation. Gaetz also argued that opponents plans would have weakened minority influence districts. The map is expected to favor Republicans–the GOP could theoretically hold 21/27 seats after the 2012 elections. A legal challenge is expected. However, some Republican districts were softened in order to accomodate the state’s demographic changes. As predicted, Allen West will be among those weakened. The plans now proceed to the House, where a committee vote is expected today and a floor vote is expected next week. These votes will also address House redistricting.

An interactive version of the congressional map can be found here.

• Missouri: On January 17, the Missouri Supreme Court overturned the state’s Senate redistricting maps. The court found that the Senate plan unconstitutionally divided counties. The court also addressed two lawsuits concerning Missouri’s new congressional districts, ordering a lower court to review the maps for compactness — the lower court had initially rejected the suit without considering the question. After these successes for redistricting opponents, a lawsuit was filed against the new state House plans with the Supreme Court. The court declined to hear the case and directed plaintiffs to filed the case in state circuit court. A new 10-member redistricting committee, composed of residents, will be appointed by the Governor to redraw the Senate maps. It is unclear if the revision process will be completed in time for the February 28 candidate filing deadline.
• New York: After a number of delays, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) released proposed Senate and Assembly maps yesterday. Gov. Cuomo has long stated he would veto any lines not drawn by an independent process, but on Thursday, prior to the release of the maps, he was unclear about his course of action after the plans were released, saying he wants to see how the process plays out. After the lines were unveiled, however, a spokesman for the governor said that at first glance the districts were unacceptable and likely to be vetoed. The Senate plan includes the addition of a 63rd seat in a Republican dominated area upstate which would result in the division of Albany, a Democratic stronghold, for the first time. Additionally, the map merges four Senate districts based in Queens into two, all four of which are represented by Democrats, including Michael Gianaris, Chair of the Democratic Senate Campaign Committee. The Assembly’s plan would create three Asian-majority districts and merge two upstate Republican districts into one. LATFOR will be holding nine public hearings on the plans beginning Monday and going through February 16.

• Pennsylvania: After hearing arguments on January 23, the state Supreme Court threw out the new legislative maps just two days later by a vote of 4-3. Calling the redistricting approach “contrary to law,” the court ruled current district lines would stay in place until the Legislative Reapportionment Commission could devise a plan that was legal. With the signature filing deadline for state legislative candidates quickly approaching on February 14, the 2012 elections could take place in districts that were drawn in 2001. The court did not immediately specify its problems with the maps – it is expected to render its full opinion soon. Democrats had argued that the new map unnecessarily split counties and municipalities.

• Texas: The US Supreme Court ruled last Friday that the interim maps that had been put in place by a San Antonio federal court could not stand, sending the maps back to the lower court for redrawing. The Supreme Court said that redistricting is primarily a legislative responsibility and that the San Antonio court didn’t give enough credence to the maps drawn by the Texas legislature. The ruling ordered the San Antonio court to use the legislative maps as a starting point for redrawing the boundaries. Texas officials saw this as a big win, although the ruling means 2012 election dates are again in jeopardy. Meanwhile, a three-judge federal panel in DC court continued hearings this week on whether the state’s legislatively-drawn maps violate the Voting Rights Act. Testimony wrapped up yesterday and closing arguments are scheduled for Tuesday. Back in Texas the San Antonio court is holding a status conference today regarding their plans moving forward for drawing new maps and accommodating the election schedule.

Here’s the rest of the news from across the country.

State news

Alaska

Approximately a week after after it got underway, the trial for the remaining Alaska redistricting lawsuit drew to a close on January 17. A final decision in the case is expected to be issued by the Fairbanks Superior court by February 6. However, observers believe that the case will ultimately be decided by the Alaska Supreme Court.

Arkansas

State senator Jack Crumbly (D) and a group of residents from eastern Arkansas sued the three-member Board of Apportionment on Monday. The suit was filed in federal court. The lawsuit alleges that the new boundaries dilute the black vote in Crumbly’s district, as the number of voting-age blacks was lowered from 58 percent to 53 percent. The maps were defended by Board of Apportionment members Governor Mike Beebe (D) and Attorney General Dustin McDaniel (D). Crumbly is slated to face fellow Democrat Keith Ingram in the May primary.

Arizona

The final congressional and state legislative maps were approved and sent to the Department of Justice on January 17, 2012. The final vote was 3-2, with chairwoman Colleen Mathis voting in the affirmative alongside the two Democratic chairpersons. The vote was essentially a formality, as maps had been tentatively approved weeks earlier.

California

Earlier today, the State Supreme Court upheld the state Senate maps drawn by the California Citizens Redistricting Commission. The high court ruled that even if a referendum to toss the Senate maps qualifies for the ballot, the new commission-drawn map should be used in the 2012 election this November. The decision is a setback in the GOP’s attempts to prevent the Democratic Party from gaining a 2/3 majority in the State Senate.

Connecticut

Court-appointed special master Nathaniel Persily submitted a draft report and plan for new districts to the state Supreme Court on January 13, and his final proposal January 19. It has three districts with 714,819 people and two with 714,820. Additionally, the new map keeps Bridgeport in the 4th District and New Britain in the 5th.

Persily’s plan resembles the map submitted by Democrats, making only minor changes to the existing map. According to Persily, the plan moves only 28,975 people from current districts, splits one fewer town than the current congressional plan and includes more compact districts.

House Minority Leader Lawrence Cafero (R) noted Persily’s plan is essentially the Democratic plan, but said it is unlikely that Republicans would appeal the decision. State Republican Party Chairman Jerry Labriola, meanwhile, had harsher words, calling the plan a “perpetuation of gerrymandering.” Objections to the plan can be filed with the court until February 1. The court will hold oral arguments on February 6 and submit its final plan to the Secretary of State on February 15.

Hawaii

On January 13, the Hawaii Redistricting Commission asked the Judgepedia:Hawaii Supreme Court to reconsider its overturned redistricting plans. The commission argues that the representation provided by Deputy Attorney General Russell Suzuki was inadequate. The commission had sought private counsel, but the Attorney General refused to either procure or pay for other attorneys. Notably, Governor Neil Abercrombie (D) sided with the plaintiffs despite being named a defendant in the case. The AG’s office has since defended Suzuki’s legal representation.

In other news, it was revealed that the invalidated maps cost Hawaii taxpayers around $600,000. Also, some have speculated that adjusted redistricting data may not be available in time to make revisions to the map. Hawaii’s signature filing deadline is June 5 and the primary is scheduled for August 11.

Idaho

In a 4-1 decision on January 18, the Idaho Supreme Court ruled the new legislative map unconstitutional. The justices said they could not declare a map constitutional that split 12 of the state’s 44 counties, more than was necessary to meet federal one-person, one-vote standards. The case was brought by Twin Falls County back in November. Secretary of State Ben Ysursa (R) said he would reconvene the redistricting commission as soon as possible, with hopes of finishing the job in less than a month. Court officials said the decision rendered all other pending redistricting lawsuits moot.

In a move that has pitted Republican officials against one another, House Speaker Lawerence Denney (R) and GOP party Chair Norm Semanko said they wanted to replace the members they appointed to the commission, Dolores Crow and Randy Hansen respectively, before it reconvened. Despite an opinion from the Idaho Attorney General’s office stating such an action would be illegal, Denney and Semanko fired their appointees on January 23 and appointed new members in their place.

Crow and Hansen refused to resign and Ysursa said they could not be forced off the panel as such a move would be go against the point of having an independent commission. In turn, Denny and Semanko sued Ysursa, arguing they do have such authority and Ysursa was illegally blocking their demands by refusing to declare two vacancies on the commission. The state Supreme Court refused to hear the appeal, saying Denny and Semanko failed to properly make their case.

Thus, when the commission reconvened yesterday, Crow and Hansen continued to serve.

Fallout from the court’s decision on the map continues to ripple through the legislative process – with the filing period for state legislative candidates scheduled to begin February 27, the legislature is considering a bill to move the current primary date from May 15 to August. Gov. Butch Otter (R) said he is against the move, primarily over concerns that it would result in a lower voter turnout.

Kansas

On Monday, January 23, two draft congressional maps surfaced in Kansas. The competing plans agree on placing all of Lawrence in District 2 but disagree about whether to place Manhattan in the 1st. A committee vote could come on the maps as early as next week. Legislative maps are still being considered.

Kentucky

On January 20, Kentucky Governor Steve Beshear (D) signed the state’s legislative redistricting maps. Each chamber drew its own maps, guided by the majority party (Republican in the Senate and Democratic in the House). The Governor criticized Senate Republicans for drawing partisan maps, but did not chasten the House’s plan. The votes in both chambers were marked by anger from from minority party legislators. The chambers remain at an impasse on congressional maps.

On January 26, House Republicans filed suit against the Democrats’ chamber map. The GOP lawmakers argue that the plan unnecessarily divides counties. The approved plan splits four more counties than the Republican alternative.

The signature filing deadline for congressional and state legislative candidates is January 31. However, the congressional deadline is expected to be moved to February 7 in order to create time for a compromise map.

Maryland

Last Friday, the group opposing Maryland’s new congressional districts filed a notice of appeal, seeking to take their case to the United States Supreme Court. Attorney Jason Torchinsky said the appeal focuses on the state law counting prisoners in their home districts, rather than where they are imprisoned. They will not be appealing other arguments in the case, including the charge that the map was gerrymandered and purposely diluted the black vote. Instead they will argue that all states should count population in the same manner for congressional reapportionment.

Meanwhile, a case filed against the new congressional districts by Frederick County Commissioner Paul Smith was rejected on procedural grounds on January 10. He has a similar lawsuit pending in Anne Arundel County Circuit Court. In both cases Smith argues the plan fails to create contiguous and compact voting areas. Under the approved map, Frederick County is divided into two congressional districts – something that has not happened in some 200 years.

Michigan

Michigan’s congressional and legislative redistricting maps were approved on January 24 by the US Department of Justice. The decision does not directly affect the NAACP and Legislative Black Caucus’ lawsuit against the House of Representatives maps.

New Hampshire

The proposed Republican Leadership Plan for new House districts was approved by the House last Wednesday by a vote of 205-68. Democrats offered an alternative plan, but it was defeated 261-70. Democrats argued that the Republican plan is unconstitutional because more than 50 towns that qualify for their own representative are not allotted one. The bill now goes to the Senate.

New Mexico

Judge James Hall adopted a new New Mexico State Senate map on January 16, 2012. Two Democratic incumbents will be paired together and two incumbent Republicans. The bipartisan plan combines Republicans Rod Adair and William Burt into one district. Democratic incumbents Gerald Ortiz y Pino and Eric Griego would also be in one district. However, Griego has already declared as a candidate for a U.S. House seat

Meanwhile, a group of Democrats and minority voters challenged the court-drawn state house map. The State Supreme Court will hold a hearing on February 7, 2012 to hear the suit.

North Carolina

On January 20, the three-judge panel hearing the congressional redistricting challenge refused to delay the North Carolina primary. The plaintiffs — including state Democrats, the NAACP, and advocacy groups — argue that the new map constitutes racial gerrymandering and contains too many split counties. In addition, they argue that the new precincts will create long lines and confuse voters. However, the judge found that delaying the primary would not help resolve these concerns, but noted that the decision shouldn’t be interpreted as a rejection of the plaintiffs’ arguments.

• The panel’s decision can be found here.

Ohio

Ohio Secretary of State Jon Husted (R) is calling for revisions to the state’s redistricting process. He urged the newly formed Ohio Constitutional Modernization Commission to take up the issue. Husted acknowledged that no system is perfect, but said reforms are could help restore voter confidence.

Oklahoma

The Oklahoma Supreme Court concurred with a state district court in throwing out Senator Jim Wilson’s redistricting challenge. Wilson also attempted an initiative campaign against the maps, but was unsuccessful.

Utah

Utah lawmakers from both chambers unanimously approved revisions to the state’s recently approved state legislative redistricting maps. The revisions addresses errors discovered by several county clerks. The bills now move to the opposite chamber for concurrence and then to the Governor’s desk for his signature.

Virginia

On Tuesday, January 25, Virginia Governor Bob McDonnell (R) signed the state’s new congressional redistricting plan. The plan passed the Senate 20-19 and passed the House 74-21. The plan is the same as the plan rejected in 2011 by the then-Democratic State Senate. Democrats rejected the plan, in part, because it did not create a second majority-minority district.

A lawsuit is still pending against the plan in state district court. The plan challenges the authority of the legislature to pass a redistricting plan after 2011 — the state constitutional deadline. On January 25, the district court allowed the case to move forward. Given the details of the case, the decision effectively grants the plaintiff’s central argument. However, Virginia Attorney General Ken Cuccinelli (R) is asking the Virginia Supreme Court to settle the matter. The maps must still face the 60-day DOJ approval process before taking effect. The signature filing deadline for congressional candidates is March 29 for those seeking election in 2012

West Virginia

On Friday, January 20, the US Supreme Court stayed a lower court’s ruling requiring West Virginia lawmakers to redraw the state’s congressional redistricting map. The order suggests that the court would be sympathetic to the state’s defense in a full appeal. The order also allows the state to move forward with the new maps for the 2012 elections. Prior to the ruling, several alternative plans had been considered in the state legislature.

Wisconsin

In a memo issued January 13, the Wisconsin Government Accountability Board said they are unable to strictly follow the law in setting new legislative boundaries, and that some voters are not in the districts legislators intended them to be. An analysis of 19 counties by legislative technology workers found over 4,000 voters in the wrong municipality, with at least 1,000 that will probably have to be moved to a different Assembly district. The memo warns that the situation could have occurred in most or even all counties.

The problem stems from a procedural reversal of the redistricting process. Normally, local officials draw their maps first, with legislative lines drawn afterward. During this cycle, Republicans, who were in the middle of recall elections that threatened their majority in the Senate, changed the law to allow them to draw legislative lines first. This meant they were drawing new lines without fully accurate information.

On January 19, the state agreed to turn over documents regarding the errors and identify someone who could be deposed over the matter. Initially, the state had refused to relinquish the files. The case is scheduled to be heard in February.

Wyoming

On January 19, Wyoming’s Joint Corporations, Elections and Political Subdivisions Interim Committee approved a legislative redistricting plan. Although the maps may still be revised, they currently pair two Republican lawmakers in both chambers. The plans will be considered by the full legislature in the legislative session beginning in February.

January 10, 2012

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Edited by Al Ortiz

The trend from the past few weeks has struck again; no certifications this week. 59 ballot questions are on 24 statewide ballots across the country once more, the same number as last week’s report.

While the anticipated eruption of the ballot measure count stays quiet for now, this week Ballotpedia’s Tuesday Count page celebrates its 2-year anniversary of tracking statewide ballot measures across the country.

Reviewing the inaugural Tuesday Count posting, on January 5, 2010, the Tuesday Count first showed that 66 ballot measures had been certified for the ballot in 2010 up to that day. Two years later, 2012′s count is slightly behind that pace at 59. However, certifications are still expected to keep pace with 2010, if not surpass it during the presidential election year.

Take a look at Ballotpedia’s Tuesday Count pages from the last two years here.

Like 2010, the first 2012 petition drive deadline is in the state of Alaska, on January 17, one week from today.

Currently, there are two measures that are reported to be circulating, however one initiative that is garnering a considerable amount of attention is the proposed coastal management question. The measure would establish a new coastal management program in the state. Specifically, the management program that would be established would be formally called the Alaska Coastal Zone Management Program.

The supporting group is called the Alaska Sea Party. Supporters need 25,875 signatures in order for the measure to be reviewed by the state legislature before potentially being placed on the ballot, since the proposal is an indirect initiated state statute.

Alaska is the only coastal state in the country without a federal coastal management plan, according to reports. Coastal programs are established to guarantee state and local participation in federal decisions on coastal issues that could potentially surface.

Updates will be given during that day reporting which initiatives filed signatures.

In Ohio, supporters of a dog auction ban initiative submitted 154,082 signatures to the Ohio Secretary of State during the week of December 29. According to reports, 115,570 signatures must be verified in order for the Ohio Legislature to consider the proposal. If the legislative body does not enact the measure by the end of April, the group must collect another 115,570 signatures to place it on the ballot.

The proposal, backed by The Coalition to Ban Ohio Dog Auctions, prohibit bringing into the state, for purposes of sale or trade, a dog acquired through auction. The Ohio Secretary of State is currently verifying petition signatures.

In what seems to be a weekly routine, the state of Washington continues to churn out ballot measure news. The initiative filing period has begun in the state, as of January 6 and proposals are pouring in to the Washington Secretary of State‘s office. Supporters of those initiatives have until July 6 to turn in a minimum of 241,153 valid petition signatures to qualify an Initiative to the People for the 2012 statewide ballot.

Washington has been no stranger to a flood of filed initiatives. In 2010 and 2011, an average of 81 ballot measure proposals were filed with the secretary’s office. However, during that same time, only 6% of initiatives made the ballot.

Quick hits

• Tuesday Count correction: Last week, the Tuesday Count report stated that the Colorado “Personhood” Amendment turned in signatures to the Colorado Secretary of State. In fact, it was the marijuana legalization amendment that submitted petitions.

• 2011 campaigns get money-happy: A final total of $85,726,675.61 was contributed to ballot measures in 2011, compared to $43,706,549.62 in Ballotpedia’s pre-election contribution report, according to official reports filed as of December. According to the report, the state with highest contributions from all campaign sides from all ballot measures was from the state of Ohio, with the least coming from Arkansas, with only $100,000 in contributions. Read more here.^[1]

• Oklahoma redistricting initiative falls: A redistricting initiative will not appear on the statewide 2012 ballot, as proponent Sen. Jim Wilson said he obtained an estimated 20,000 signatures but fell shy of the 82,782 signatures required as of the official deadline.

• Gambling in the Bluegrass State: Kentucky Governor Steve Beshear is pushing an amendment that would make expanded gambling legal. Since the measure is a proposed legislatively-referred constitutional amendment, the proposal needs 60% of the membership of each chamber of the Kentucky General Assembly to vote in favor of sending it to the ballot.

SPOTLIGHT:Multnomah County, Oregon looks to add two library measures to 2012 ballots
In Multnomah County, Oregon, officials have agreed with local library officials to place a library taxing issue on the May 15, 2012 ballot and then a district creation issue on the November 6, 2012 ballot, if the May question is approved.

Library officials had been seeking a permanent levy for the libraries in order to ensure funding for projects and operation costs, the county agreed to place a renewal of their current tax on the May ballot with the understanding that a taxing district creation question would be asked later if the renewal was first approved. Library officials said they want their own taxing district because it would mean the library would have a dedicated tax source and would not need to worry about future funding, as they are now. Also, if the taxing district is created, the library would be able to increase its levy, from the current rate of $0.89 to $1.18 per $1,000 of assessed property value.^[2]

In which state did four initiatives recently get sent to the legislature for consideration? Click here to find out!

BALLOT LAW UPDATE

Wisconsin Gubernatorial Recall: In past recall efforts, Wisconsin’s Government Accountability Board has presumed petition signatures valid unless opponents can produce evidence to the contrary. However, after the petitions began circulating in the recall effort against Gov. Scott Walker, his legal team challenged this practice. On January 5, a state court ruled that the GAB must be more proactive in discovering duplicate or fictitious signatures. Walker’s attorneys cited, among other things, another recall petition in which the signature “Bugs Bunny” was accepted. Representatives for the board say the cost of checking the signatures, in both time and money, is too high.^[3]

A new update will be released on January 25, 2012. Click here for past Ballot Law Update reports!

Edited by Geoff Pallay

The new year began with a bang, as courts found maps unconstitutional in both Hawaii and West Virginia. A total of 10 maps have been either altered or chosen by courts this year (see chart below).

Hawaii:

On Wednesday January 4, Hawaii’s Supreme Court sided with plaintiffs in two lawsuits challenging the state’s redistricting plans. The court ruled that non-residents could not be considered in reapportionment. The Hawaii Reapportionment Commission was ordered to redraw the maps, but a full opinion has not yet been released. Earlier in the year, the commission decided to consider some of the state’s non-resident population in its redistricting calculations.

• The orders in the two cases can be found here and here.

West Virginia:

On Tuesday, January 3, a federal three-judge panel ruled West Virginia’s congressional redistricting plan unconstitutional due its unequal distribution of population among the state’s three districts. The court gave the West Virginia Legislature until January 17 to come up with a new map — otherwise, the panel will redraw the map. The state plans to appeal the ruling to the US Supreme Court and is seeking a stay on the decision. If granted, the stay could give legislators more time to revise their maps even if the panel’s ruling is not overturned on appeal.

• The decision in the case can be found here.

State news

California

Next Tuesday, the California Supreme Court will be meeting to hear oral arguments regarding what state senate map to use in the 2012 elections. The state is currently reviewing submitted signatures for a referendum on the new map. If the referendum qualifies, the court will decide whether the map will still be used or if a different, interim map should instead be drawn up.

Connecticut

Late last Friday the Connecticut Supreme Court named Nathaniel Persily, a political science professor at Columbia University, to serve as special master to oversee the redrawing of the state’s congressional districts. He was one of two out-of-state professors agreed to by the Republican and Democratic members of the failed redistricting committee. Persily is the creator of the website Draw Congress, which was set up to educate the public about the redistricting process and provide nonpartisan maps. Persily has a January 27 deadline to produce a new map, and the court has until February 15 to submit a plan to the Secretary of State.

While Republicans and Democrats were able to agree on Persily, they sharply disagreed on how he should proceed. Democrats have defended the 2001 map and are pushing for minor changes to it, noting it was the last successful redistricting process. They also argued that Persily should ignore the traditional redistricting criteria of compactness and communities of interest. Republican attorney Ross Garber, meanwhile, said those principals should be the starting point. He went on to say deference should not be given to the 2001 map, but that other maps should be included. The court released its instructions for the special master on Tuesday, siding with the Democrat’s argument that minimal changes should be made to the map.

Florida

Florida’s redistricting process continues to move forward. While maps drafted by the House redistricting committee are still being revised, a preliminary vote on the Senate committee’s proposals could come as early as January 11. The 2012 legislative session begins on January 10. A final vote on the Senate-drawn plans is expected before January 20. US Rep. Allen West (R) has emerged as a likely victim of redistricting.

Also, the Florida Supreme Court will accept written comments on redistricting. Under the new redistricting amendments, the court is required to review state-level redistricting plans. Details on submitting comments can be found here.

Idaho

The Idaho Supreme Court heard oral arguments yesterday in a case brought by Twin Falls County, claiming that the new legislative districts are unconstitutional. Before the court, Twin Falls County Prosecutor Grant Loebs stated that, per the state constitution, counties can only be split if necessary to meet the federal one-person, one-vote requirement. Loebs said he was able to construct a plan that splits just five counties, showing that the other six splits are unnecessary and make the map unconstitutional.

Idaho Deputy Attorney General Brian Kane argued that the redistricting commission has some discretion in the matter and that there are other things to consider. The court took the arguments under advisement and will issue a written ruling, but did not state when that would be. Candidate filing begins on February 27, and there is another case brought by seven North Idaho counties challenging the districts that is pending before the court.

Kentucky

The Kentucky State Legislature convened its 2012 session on Tuesday, January 3. Redistricting is a high priority item for lawmakers and House Speaker Greg Stumbo (D) says that legislative plans could be passed as early as January 8 or 9. Each house will likely draw its own redistricting chamber plans and attempt to reach a compromise on congressional plans. The Kentucky State Senate is controlled by Republicans and the State House is controlled by Democrats.

Michigan

After local Republicans lost their legal challenge to Oakland County’s redistricting maps, state GOP lawmakers passed a law stripping the bipartisan committee of its redistricting authority and giving the power to the Republican-controlled Board of Commissioners. However, on January 4, Democrats sued to block the law, arguing that it violates the separation of powers. Republicans, on the other hand, defend the law as a cost-saving measure for the county.

Minnesota

Minnesota’s judicial redistricting panel heard oral arguments on Wednesday, January 4, concerning redistricting proposal made by both Republicans and Democrats. Both sides accused the other of drawing partisan maps. A decision on final maps is expected by February 21.

Missouri

On Wednesday, January 4, attorney David Brown of Columbia filed suit against Missouri’s State Senate redistricting plan. Despite revisions to the court-drawn plan, Brown argues that the map still inappropriately divides counties and, due to staggered Senate elections, will leave at least one district without representation until 2014. He also maintains that the court had no authority to revise its redistricting map after giving it final approval.

Last year, local Republicans and Democrats filed separate lawsuits against the state’s congressional maps. These challenges, along with Brown’s, will be taken up by the Missouri Supreme Court on January 12, 2012.

• Brown’s petition can be found here.

New Hampshire

The Republican proposal for new State Senate districts was released yesterday. The plan, by Sen. Russell Prescott, includes the creation of a new district that no one currently represents. Additionally, it draws Minority Leader Sylvia Larsen (D) into the same district as freshman Republican Andy Sanborn and gives a number of GOP incumbents stronger Republican districts, including Senate President Peter Bragdon. The GOP currently holds a 19-5 advantage in the chamber.

Larson criticized the plan for being crafted in secret with clearly partisan motives. There will be a public hearing on the plan on January 11 and it is expected to be adopted by the Senate on January 25.

New Mexico

Weeks after the congressional map was approved by judge James Hall, New Mexico now has its new state house map for the next decade. The new map, approved on Tuesday, pairs two incumbent Democrats and two incumbent Republicans. Bob Wooley (R) and Dennis Kintigh (R) have been placed in the same district, while Al Park (D) and Jimmie Hall (D) have been combined into an Albuquerque-based district. There are six majority-minority districts for Native Americans. While Governor Susana Martinez (R) applauded the new districts, Democratic state representative Antonio Maestas expressed his displeasure with the new map which he says rigs the seats to protect Republican incumbents.

New York

Senate Majority Leader Dean Skelos (R) announced on Tuesday that there’s a “good chance” the redistricting committee would add a 63rd seat in the Senate. The 62nd seat was added after the 2000 census. Adding an additional seat would eliminate the possibility of a tie in the chamber, which happened in 2009. Democrats were critical of the proposal, calling the move illegal and unconstitutional. The legality, however, remains somewhat unclear, and if the plan is pursued, the resulting maps would most likely end up in court. The state constitution set the number of Senate seats at 50 in 1894, allowing districts to be added based on a complex formula of county versus state growth. The court has since interpreted that in two different ways over the years. Skelos said maps are now being prepared and would probably be released in the next few weeks.

Additionally, a lawsuit filed in November by a group of civic leaders got a boost last week from a pair of Senate Democrats who were originally named as defendants. Senate Minority Leader John Sampson and Sen. Martin Dilan said they support the suit, which has asked that the court appoint a special master to redraw the state’s district lines. Earlier in December a group of defendants, including Skelos and Assembly Speaker Sheldon Silver (D), filed a motion to dismiss the case, saying it was too early for the court to intervene. Sampson and Dilan said they do not support that move, stressing that time is running short.

Meanwhile, although Governor Andrew Cuomo (D) did not mention redistricting in his State of the State address on Wednesday, he released a book to the media about the speech, in which he once again stated that he will veto any lines not developed through an independent redistricting process.

Ohio

On Wednesday, January 4, Ohio Democrats filed suit against Ohio’s state legislative redistricting maps. They argue that the map violates state constitutional requirements for compactness and the preservation of county and municipal boundaries. The new map splits 51 counties and 55 cities — a sign of political gerrymandering according to Democrats. They also charges that the committee violated open meetings laws by holding secret meetings in a hotel room. Republicans note that renting the hotel room was approved by both Republican and Democratic leaders. They also contend that Democrats are attempting to disrupt 2012 elections by challenging the new maps.

• The petition in the case can be found here.

In other news, US Rep. Steve Austria dropped (R) his bid for re-election after being drawn into the same districting as Rep Mike Turner (R). Democrats Marcy Kaptur and Dennis Kucinich, also drawn together, are sticking by their re-election bids. Meanwhile incumbents Betty Sutton (D) and Jim Renacci (R) are heading for a general showdown for the 16th District seat.

Pennsylvania

Senate Minority Leader Jay Costa (D) announced yesterday that Democrats would be filing an appeal with the Pennsylvania Supreme Court against the new legislative districts. Costa was the only member of the Legislative Reapportionment Commission to vote against the new maps, which were passed December 12. Costa said there are issues the court needs to address, including the move of a Senate district from the southwest part of the state to the northeast.

A Chester County coalition, which includes the county Democratic Party, also said they plan to file an appeal, arguing that dividing both boroughs into two House districts violates a constitutional provision which mandates that county and municipal splits be avoided whenever possible. The deadline to file appeals is January 11. The court has scheduled a hearing on January 23 to consider the appeals.

Tennessee

Republicans hold large majorities in the Tennessee legislature, and earlier this week, they wielded that power with proposed redistricting maps for the State Senate and State House. The maps heavily favor the GOP and would target the careers of a number of Democratic incumbents.

State Senate

The proposed Senate map would likely eliminate one incumbent Republican and one Democrat.

• Republicans Kerry Roberts and Jim Summerville are combined in the 25th District. The 25th is not up for election in 2012, therefore, Roberts will be out of office after the election unless he moves.
• Jim Kyle — current Senate Minority Leader — is in District 28 with Brian Kelsey (R). Kelsey is not up for election in 2012, but Kyle’s term is up and therefore he likely cannot run for re-election if the map is implemented.

There are two districts with no incumbent.

State House

The proposed map drawn by Republicans could possibly end the careers of at least six incumbent Democrats, while creating six new districts without any current resident legislator. A total of eight incumbent Democrats are paired in the same district in the proposed map (figure A). The Democrats paired into single districts are:

• Sherry Jones and Mike Stewart
• Antonio Parkinson and Jeannie Richardson
• Barbara Cooper and G.A. Hardaway
• Tommie Brown and JoAnn Favors

Additionally, two incumbents Democrats have each been paired with a Republican incumbent in districts that favor the GOP.

• Bill Harmon (D) and Jim Cobb (R)
• Eddie Bass (D) and Vance Dennis (R)

The state house map was approved by committee hours after initial introduction.

Redistricting Maps, approved December 2011
Proposed State House redistricting map from January 2012. Proposed State Senate redistricting map from January 2012.

Congressional maps are expected to be released soon, possibly next week.

Virginia

Virginia legislators are bracing for a legal battle as they prepare to approve new congressional maps for the state. While the state constitution required new maps to be approved in 2011, Republicans delayed the process until 2012, hoping to take control of the VA Senate in the 2011 elections. The GOP ultimately tied the Senate but controls the tie-breaking vote in the chamber, the Virginia Lt. Governor. However, the Democrats are expected to file suit asking the courts to take control of the process since the deadline was not met. Republican leadership are hoping for a temporary extension in order to complete new maps.

Wisconsin

A redistricting lawsuit brought by a group of citizens in June, prior to the adoption of new legislative district lines, continued to develop this week. On Tuesday, a three-judge panel ruled for the third time that a Democratic group is entitled to see information on how Republicans drew the lines. The panel first ruled on December 8 that a consultant and a Senate aide who helped in drafting the maps had to give depositions and turn over documents to Democrats. A similar ruling was issued on December 20. At both of those rulings, Republicans asked for clarification on what information had to be released, arguing some of the work fell under attorney-client privilege and should be kept secret.

In this week’s ruling the panel said there was little information that could be considered to fall under that privilege and that the consultant, Joe Handrick, must testify. The panel, which includes two Republican appointed judges, chastised GOP lawmakers and their attorneys for filing “frivolous” motions to keep the information private and ordered them to pay the attorneys’ fees for the plaintiffs. A trial is scheduled to take place in February.