By Jennifer Springer

PIERRE, South Dakota: Incumbent Jenna Haggar and her father Don Haggar will serve together in the next session of the South Dakota House of Representatives.^[1]

The Haggars defeated Dave Munson in the Republican primary on June 5 to advance to the general election on November 6, 2012.^[1] They then defeated Jo Hausman and Brian Parsons in the general election.^[2][3][4]

The two Haggars did all their campaigning together. “It’s like the Olympics, we’re looking for the gold and silver, we’re on the same team,” Don Haggar commented.^[1]

Jenna Haggar said, “I think Dad probably wanted me to win more than he wanted himself to win and I definitely wanted my dad to come at successful as well, and so I think the most ideal situation happened in which we were both able to get elected.”^[1]

Jenna Haggar‘s grandfather, Don Haggar, Sr., also served in the South Dakota State Legislature during the 1950′s.^[1]

The Haggars will represent District 10 in the South Dakota House of Representatives.^[1]

Greg Janetka
This week’s tracker features a partisan count update and recap of this year’s primary season.

Note: This is an abridged version of the Tracker. For the full report, click here.

Weekly highlight

The 2012 primary season came to an end last Thursday when New York voters went to the polls to make their choices known. The first primary of the year took place in Ohio over six months ago. Between then and September 13 a total of 44 states held primaries for 6,015 of the country’s 7,383 state legislative seats.

According to Louis Jacobson of Governing Magazine, the percent of state legislative turnover from an election was between 14.4 percent and 21.5 percent from 1998 to 2008. However, during the year of redistricting in 2002, that figure jumped to 24 percent. In 2010, the turnover rate was just below 2010, as the GOP boom created a higher than normal exodus of legislators. Because 2012 was another redistricting year, the rate of turnover was expected to once again be higher than usual.^[1]

Redistricting, among other factors, led to the defeat of 197 incumbents in the 2012 legislative primaries – 123 Republicans and 74 Democrats. Four states saw their number of incumbents defeated hit the double-digit mark: New Hampshire – 22, Kansas – 20, Georgia – 12, Tennessee – 12. Six states, meanwhile, saw no incumbents defeated – California, Indiana, Maine, Nebraska, Vermont and Washington. It should be noted that two of these states – California and Washington – use a blanket primary, where all candidates for a seat compete in a single primary with the two candidates receiving the most votes advancing to the general election.

Term limits will also play a role in legislative turnover. Altogether, 248 current state legislators – 79 senators and 169 representatives – will have to leave office after the November elections because of term limits. This is 13.89% of the 1,786 state legislative seats up for election in the 14 term-limited states with 2012 elections, and about 4% of the 6,015 state legislative seats that will be up for election altogether in 2012, including the non-term-limited states.

Between incumbents defeated in primaries and term-limited lawmakers, at least 445 state legislative seats will change hands. Additionally, 947 legislators not subject to term limits chose to retire rather than seek another term. Thus, a minimum of 1,392 new officials will take office following the November 6, 2012 general election.

Partisan Breakdown

As of today, September 17, 2012, the following figures represent the cumulative partisan breakdown of the 50 state senates and 49 state houses. In the 50 states, Republicans currently control 53.5% of all seats while Democrats hold 44.7%. All told, Republicans control 58 chambers while Democrats are the majority in 37 chambers. Three chambers are tied, while one is non-partisan.

The totals represent a loss of 11 Republican and 5 Democratic legislators from the August 13 Tracker.

State Senates

The partisan composition of state senates refers to which political party holds the majority of seats in the state senate. Altogether, in the 50 state senates, there are 1,971 state senators.

As of September 17, 2012, the breakdown of chamber control by party is as follows:

• 19 chambers
• 28 chambers
• 2 chambers (Alaska), (Virginia)
• 1 chamber (Nebraska)

See also: Partisan composition of state houses

Cumulative numbers

As of September 17, 2012, 1,899 state senators are affiliated with either the Republican or Democratic parties.

State Houses

The partisan composition of state houses refers to which party holds the majority of seats in the state house or the lower level of each state legislature. Altogether, in the 49 state houses, there are 5,413 state representatives.

As of September 17, 2012, the breakdown of chamber control by party is as follows:

• 18 chambers
• 30 chambers
• 1 chamber (Oregon)

Cumulative numbers

As of September 17, 2012, 5,354 state representatives are affiliated with either the Republican or Democratic parties.

Sessions

This week 3 out of 50 state legislatures – Michigan, New Jersey and Ohio – are meeting in regular session, while Massachusetts is meeting in informal session, which it will continue to do throughout the rest of the year. As of May 16, all states had convened their 2012 sessions.

Forty states have adjourned for the year, while four states – Montana, Nevada, North Dakota, and Texas – were not scheduled to hold regular sessions in 2012.

Special sessions

In 2011, special sessions were a widespread occurrence in state legislatures. This was largely due to states’ having to complete the redistricting process for legislative and congressional districts. Overall in 2011, there were 45 special sessions in 28 states.

Since the beginning of 2012, there have been 20 special sessions in 16 states. There are no special sessions currently scheduled.

State Legislative Tracker: Mississippi prepares for primaries tomorrow

August 1, 2011

By Jackie Arthur

This week’s tracker features the monthly partisan count update, and a section dedicated to the Mississippi primary elections that will be held tomorrow. Mississippi is the second of four states to hold state legislative elections this year.

Partisan breakdown

As of August 1, the following figures represent the cumulative partisan breakdown of the 50 state senates and state houses. In the 50 states, Republicans currently control 53.93% of all seats while Democrats hold 45.28%%. All told, Republicans control 57 chambers while Democrats are the majority in 37 chambers.

Sessions

Current sessions capture for the week of August 1, 2011

So far this year, 43 out of 50 state legislative sessions have officially adjourned their regular session. This week, no states are scheduled to adjourn their 2011 regular session.

Regular sessions

The following 7 states remain in regular legislative sessions:

• California*
• Massachusetts
• Michigan
• New Jersey
• Ohio
• Pennsylvania
• Wisconsin*

Note: California and Wisconsin are both convened in ongoing special sessions, but are still considered to be in regular session. California began its summer recess on July 15 and will adjourn again on August 15.

Click here to see a chart of each state’s 2011 session information.

Special sessions

Special sessions are expected to be 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.

This week, California and Wisconsin continue their special sessions. West Virginia begins a special redistricting session today.

Special sessions beginning this week:

• August 1 – West Virginia

Elections

A total of 578 seats will be up for general election in state legislatures in 2011.

Three state legislative primaries remain in Louisiana, Mississippi and Virginia. New Jersey held statewide primaries on June 7, 2011. The next primary will be held tomorrow in Mississippi.

Elections will be held in all 52 of Mississippi‘s senate districts on November 8, 2011. The signature filing deadline for the election was on June 1. Mississippi’s primary election will be held tomorrow, August 2.

On March 17, the NAACP filed an injunction to prevent elections from being held this year. The group alleges that the redistricting process has not produced maps that are current to reflect new population figures.^[1][2] A mid-May court ruling ordered the elections proceed under the existing districts, with redistricting taken up again in 2012. Whether special elections would be ordered in 2012 once redistricting was complete was left undecided by the court.

Heading into the 2011 election, the partisan breakdown in Mississippi’s two chambers is:

Mississippi House primary election

Primary competitiveness

See also: Ballotpedia news report on Mississippi primary competitiveness

Primary contests in the Mississippi House remained fairly constant since the last election. As in 2007, roughly 2/3 of the state’s major party candidates will proceed to the general election without a primary challenge. In addition, over 1/4 of possible primaries will not be held, since no candidate is running. Of the 168 party primaries, only 51 feature two or more candidates competing for the nomination. On top of that, 75 party primaries will not be held because no candidate is running.

Competitiveness

Retiring incumbents

16 incumbent representatives (13.1% of all incumbents) have chosen not to run for re-election, while 106 incumbents are running for re-election. The following incumbents are not running for re-election to the Mississippi House of Representatives.

• William McCoy District 3
• Larry Baker District 8
• Warner McBride District 10
• Noal Akins District 12
• Jack Gadd District 13
• Daniel Holland District 16
• S. David Norquist District 28
• Dannie Reed District 35
• W.T. Mayhall, Jr. District 40
• Billy Nicholson District 78
• Tad Campbell District 84
• J. Shaun Walley District 105
• Deryk Parker District 107
• Frank Hamilton District 109
• Frances Fredericks District 119
• Joseph Compretta District 122

Primary challenges

Only 28 incumbents (23% of those seeking re-election) face competition in the August 2 primary.

• 18 Democratic incumbents face a primary challenge.
• 10 GOP incumbents face a primary challenge.

Candidates unopposed by a major party

There are 122 seats up for election. 75 candidates (61.5% of seats) face no major party competition in the November 8 general election.

• 40 Democratic candidates faces no major party competition.
• 35 GOP candidates face no major party competition.

Mississippi Senate primary election

Primary competitiveness

See also: Ballotpedia news report on Mississippi primary competitiveness

Primary contests in the Mississippi Senate remained fairly constant since the last election. As in 2007, roughly 2/3 of the state’s major party candidates will proceed to the general election without a primary challenge. In addition, over 1/4 of possible primaries will not be held, since no candidate is running. Of the 75 party primaries, only 26 feature two or more candidates competing for the nomination. On top of that, 29 party primaries will not be held because no candidate is running.

Competitiveness

Retiring incumbents

9 incumbent senators (17.3% of all incumbents) have chosen not to run for re-election, while 43 incumbents are running for re-election. The following incumbents are not running for re-election to the Mississippi State Senate.

• Carl Gordon District 8
• Nolan Mettetal District 10
• Lee Yancey District 20
• Walter Michel District 25
• Cindy Hyde-Smith District 39
• George Dickerson District 43
• Thomas King District 44
• David Baria District 46
• Billy Hewes District 49

Primary challenges

Only 11 incumbents (25.6% of those seeking re-election) face competition in the August 2 primary.

• 5 Democratic incumbents face a primary challenge.
• 6 GOP incumbents face a primary challenge.

Candidates unopposed by a major party

There are 52 seats up for election. 20 candidates (38.5% of seats) face no major party competition in the November 8 general election.

• 8 Democratic candidates faces no major party competition.
• 12 GOP candidates face no major party competition.

The next state with a signature filing deadline is Louisiana on September 8. Virginia’s signature filing deadline was June 15, however a full and comprehensive candidate list has not yet been released. Virginia’s primary has been rescheduled to August 23, 2011 instead of its usual date of June 14, 2011^[3] after delays and uncertainty in the redistricting process.^[4].^[5]

Special elections

There are no special elections taking place this week.

Upcoming special elections include:

• August 9 – New Hampshire House, Strafford 3, Wisconsin State Assembly District 48, and 6 Republican state senate recalls.

By Jackie Arthur

Current sessions capture as of July 18, 2011

In this week’s State Legislative Tracker there are 7 states still in regular session.

Sessions

So far this year, 43 out of 50 state legislative sessions have officially adjourned their regular session. This week, no states are scheduled to adjourn their 2011 regular session.

Special sessions

Special sessions are expected to be 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.

As of this week, California, Virginia and Wisconsin continue their special sessions. North Carolina continues a special redistricting session that began July 13 and ends July 21.^[1]

Special sessions beginning this week:

• Wisconsin – Extraordinary session to discuss redistricting^[2]

Regular sessions

The following 5 states remain in regular legislative sessions:

• Massachusetts
• Michigan
• New Jersey
• Ohio
• Pennsylvania

Note: California and Wisconsin are both convened in ongoing special sessions, but are still considered to be in regular session. California began its summer recess on July 15. The legislature will adjourn again on August 15.

Click here to see a chart of each state’s 2011 session information.

Sessions spotlight

This week, our spotlight focuses on Wisconsin where tomorrow, recall elections and primaries continue, as well as the opening of a second extraordinary session. Also, an update on Minnesota’s governmental shutdown.^[3]

District 30 Republican Candidate David VanderLeest

District 30 incumbent Dave Hansen

Wisconsin: The first Wisconsin recall election takes place tomorrow, in senate District 30, along with 2 Republican primaries.

In the first recall election of the year, District 30 Incumbent Dave Hansen (D) will face off with Republican candidate David VanderLeest. Originally, July 19 was scheduled to be the primary election date for VanderLeest and John Nygren, who was removed from the ballot for not having enough valid signatures on his nominating petition. VanderLeest was the organizer behind the “Recall Dave Hansen” campaign.^[4]

Below are tomorrow’s matchups:

District 12

July 19 Republican primary:

• Kim Simac, President of the Northwoods Patriots
• Robert Lussow, Chairman of the Lincoln County Board

District 22

July 19 Republican primary:

• Fred Ekornaas, Vice Chair of the Kenosha County Board
• Jonathan Steitz, Attorney

District 30

July 19 recall election:

David VanderLeest, Wind farm developer

Dave Hansen, Incumbent Hansen has served District 30 since 2001.

Recall campaigns directed against 16 Wisconsin state senators were launched in the wake of events surrounding the introduction of Wisconsin Assembly Bill 11, the “Scott Walker Budget Repair Bill” in February 2011, including the union protests in Madison, Wisconsin over Gov. Scott Walker’s Budget Repair Bill.^[5][6]

Six Republican and three Democratic state senators have been targeted by active recall campaigns. Recall sponsors filed signatures on petitions targeting the senators. Challenges were filed in all 9 of those campaigns, and the Wisconsin Government Accountability Board approved the six campaigns against Republicans at meetings on May 23 and May 31, and approved the three campaigns against Democrats on June 8.

Recalls against the six Republicans were all certified on June 3, which set the date for the recall election for July 12, 2011. However, since multiple candidates filed to run against the incumbents, a primary was held on July 12, while the actual recall will be August 9, 2011.

In addition to the recall election, the legislature will reconvene for the second extraordinary session of the year. The session is expected to start tomorrow and continue through July 29, and was called to discuss redistricting bills and other items.^[2]

Updates
Minnesota: Today, the Minnesota government enters its 17th day of shutdown, with no sign of a resolution in sight. Republican Representative Larry Howes told the Minneapolis Star that he “doesn’t see a quick conclusion” to the closure, and that his gut tells him that if it is not resolved by the time the state fair rolls around, it could be as long as next year before it is over.^[27] Last week, reports emerged that a compromise was rapidly approaching. However, whatever goodwill was there appears to have vanished, as now both sides are hinting at a continued divide.^[28]

On Friday, July 1, the Minnesota government officially entered “shut down,” as lawmakers were not able to overcome the budget stalemate. Most fireworks, picnics and celebrations were called off as all government services except those deemed essential were cut off for the immediate future. Campgrounds, state parks, highway rest stops, golf courses, and zoos will remain closed until a budget agreement can be reached. Thousands of workers face layoffs, a cessation of state issued drivers licenses and road construction screeched to a halt.^[3] Roughly 23,000 of approximately 36,000 state employees will be furloughed, and all but the most critical state functions suspended.^[29] Some of the services spared from the shutdown are police patrols, prison staffing, the executive and legislative branches of state government and the courts, and programs such as food stamps, Medicaid and temporary assistance to needy families. ^[29]

The Republican controlled Legislature and Democratic Governor Mark Dayton have been at odds since early January over spending. Earlier this year, Dayton vetoed the Legislature’s proposed budget, largely because it did not contain the revenue he had anticipated. ^[30]

Elections

A total of 578 seats will be up for general election in state legislatures in 2011.

Three state legislative primaries remain in Louisiana, Mississippi and Virginia. New Jersey held statewide primaries on June 7, 2011. The next primary will be in Mississippi on August 2, 2011.

The next state with a signature filing deadline is Louisiana on September 8. Virginia’s signature filing deadline was June 15, however a full and comprehensive candidate list has not yet been released. Virginia’s primary has been rescheduled to August 23, 2011 instead of its usual date of June 14, 2011^[31] after delays and uncertainty in the redistricting process.^[32].^[33]

Special elections

There are three special election this week in Georgia, as well as two Republican recall primary races tomorrow in Wisconsin. Additionally, one recall will occur of a Democratic incumbent — Dave Hansen.

Georgia

Georgia Senate District 26
Robert Brown (D) announced his resignation in May, 2011 in order to seek the office of Macon Mayor.^[34] The special election for State Senate District 26 will occur in Twiggs County and portions of Bibb, Houston and Wilkinson Counties. The election is a non-partisan special election with an open primary. If no candidate receives a majority of the vote, a run-off election will be held on Tuesday, August 16, 2011.^[35]

Democratic Candidates:

• Miriam Paris
• David Lucas, Sr.

Republican Candidate:

• Bobby Gale

Georgia House District 113, Run-off Election
On April 29, Hank Huckaby (R) resigned to become the new University of Georgia Chancellor. ^[36] The special election for State House District 113 will occur in Oconee County and portions of Clarke, Morgan and Oglethorpe counties. The election is a non-partisan special election with an open primary. Candidates Charles Williams (R) and Dan Matthews (D) were the top two vote-getters. Since neither received a majority of the vote, a run-off election will be held on Tuesday, July 19, 2011.^[37][38]

Democratic Candidate:

• Dan Matthews

Republican Candidates:

• Alan McFarland Alexander, Jr.
• Sarah Virginia Bell
• Charles Edward Williams

Georgia House District 139
David Lucas, Sr. (D) resigned in order to run in the special election for Senate District 26.^[39] The special election for State House District 139 will occur in a portion of Bibb County. The election is a non-partisan special election with an open primary. Since only two candidates have qualified, a run-off election will not be necessary.^[40]

Democratic Candidates:

• James Beverly
• Anissa M. Jones

Republican Candidates:

• No Republicans have filed.

Wisconsin recalls

July 19 Republican primaries
Tomorrow, there will be two Republican primaries (Districts 21 and 22), and one recall election (District 30) of a Democratic state senator. The candidates running in those races are:

District 12

July 19 Republican primary:

• Kim Simac, President of the Northwoods Patriots
• Robert Lussow, Chairman of the Lincoln County Board

District 22

July 19 Republican primary:

• Fred Ekornaas, Vice Chair of the Kenosha County Board
• Jonathan Steitz, Attorney

District 30

July 19 recall election:

David VanderLeest, Wind farm developer

Dave Hansen, Incumbent Hansen has served District 30 since 2001.

July 12 Democratic primary results
All six senate recall primaries resulted in the Democratic Party candidate defeating a “fake” Democrat. The stage is now set for recall elections of 6 Republican incumbents on August 9.

Most of the primaries were not close, with 5 of the 6 winners garnering more than 60% of the vote. However, one race was close, between Shelly Moore and Isaac Weix. Moore led 54%-46% with 97% of precincts reporting.

In all six districts, the total number of votes cast surpassed the total votes cast in the 2008 senate primary contests in the same districts.

Special elections generally garner far fewer voters than a general election. In most of the special elections that have taken place in state legislatures this year, the actual election receives about 20-30% of the total voters from the previous regular election. Yet in Wisconsin, even the primary itself captured voters enough to reach or eclipse that level — likely setting up a possibility that voter turnout in the recall election could equal that of a general election.

Here are the six districts and the winners with vote totals:

District 2

July 12 Democratic primary**[41]
Candidates		Votes	Percent
Nancy Nusbaum a		14,200	65%
Otto Junkermann		7,576	35%

^{**100% precincts reporting}

• Mert Summers Note: Summers filed nomination papers with sufficient signatures but did not file final papers to be on the ballot.^[42]

Nusbaum will face incumbent Republican Robert Cowles on August 9, 2011. ^[43]

2011 Wisconsin Senate Recalls
Senators Facing Recall
Robert Cowles • Alberta Darling • Sheila Harsdorf • Dave Hansen • Jim Holperin • Randy Hopper • Dan Kapanke • Luther Olsen • Robert Wirch
Other Recall Information
Recalls by Year • Recall Law in Wisconsin • Recall laws in other states • Recalls in Wisconsin • 2011 Scott Walker Budget Repair Bill • Protests over Budget Repair Bill • Wisconsin Government Accountability Board • Recall timeline • Election Results

District 8

July 12 Democratic primary**[44][45]
Candidates		Votes	Percent
Sandy Pasch a		21,683	65%
Gladys Huber		11,871	35%

^{**100% precincts reporting}

• Nicholas Brehm Note: Brehm filed nomination papers with sufficient signatures but did not file final papers to be on the ballot.

Pasch will face incumbent Republican Alberta Darling on August 9, 2011.^[46]

District 10

July 12 Democratic primary**[47]
Candidates		Votes	Percent
Shelly Moore a		19,300	55%
Isaac Weix		16,031	45%

^{**100% precincts reporting}

Moore will face incumbent Republican Sheila Harsdorf on August 9, 2011.^[48]

District 14

July 12 Democratic primary**[49]
Candidates		Votes	Percent
Fred Clark a		15,070	67%
Rol Church		7,344	33%

^{**100% precincts reporting}

• Robert Forseth Note: Forseth filed nomination papers with sufficient signatures but did not file final papers to be on the ballot.

Clark will face incumbent Republican Luther Olsen on August 9, 2011.^[50]

District 18

July 12 Democratic primary**[51]
Candidates		Votes	Percent
Jessica King a		19,562	69%
John Buckstaff		8,957	31%

^{**100% precincts reporting}

King will face incumbent Republican Randy Hopper on August 9, 2011.^[52]

District 32

July 12 Democratic primary**[53]
Candidates		Votes	Percent
Jennifer Shilling a		25,338	70%
James Smith		10,664	30%

^{**100% precincts reporting}

Shilling will face incumbent Republican Dan Kapanke on August 9, 2011.^[54]

Utah House District 30

Brian Doughty was chosen by the House caucus to replace Jackie Biskupski, who retired earlier this year. ^[55]

Arkansas House District 54

Arkansas Representative Fred Smith (D) was convicted of theft for failing to repay a school district a duplicate payment of over $29,000. Smith resigned, but has promised to appeal the decision.^[56] A special election was held to replace him on July 12, 2011.^[57]

Republican Candidate:

• John Geelan

Democratic Candidate:

• Hudson Hallum ^[58]

Independent Candidate:

• D’James Rogers

Upcoming special elections include:

• July 19 – Georgia Senate District 26 and House District 139.
• August 9 – New Hampshire House, Strafford 3, Wisconsin State Assembly District 48, and 6 Republican state senate recalls

Edited by Bailey Ludlam
The 2011 and 2012 totals mirrored each other this week, as each were nudged up by one thanks to Ohio and Rhode Island. Although both measures are legislative referrals, they bring different topics to the table.

Starting with 2011′s addition, Ohio lawmakers decided to send a measure to voters to raise the age of those occupying judicial offices from 70 to 76 years of age. On June 28, the Ohio State Senate voted unanimously, 32 to 0, in favor of the measure. The chamber also altered the proposal by changing the maximum age for a state judge to 76. It had originally been 75. After voting 69 to 27, the Ohio House of Representatives approved the change to the measure, sending it to the ballot for voters to decide.

Not only does the measure increase 2011′s count to 22, it also welcomes the Buckeye State as a new addition in the statewide question mix.

For 2012, voters in Rhode Island will get a chance to decide if they want state-operated casino gambling at the Twin River venue. The proposal is part of the $7.7 billion budget signed into law on June 30. The ballot measure is part of Article 25 of the budget known as H 5894.

Originally proposed as a 2010 measure, it was passed as an attachment to the budget, by both chambers of the Rhode Island General Assembly. The budget was signed into effect by the governor on June 29.

The 2012 count now stands at 49 questions for 20 statewide ballots.

Meanwhile, in Texas, a special session that was called by Gov. Rick Perry came to a close. The special session commenced on May 31 and adjourned on June 29. During the special session, eight amendments were proposed for the 2011 ballot, but none passed. This solidifies Texas’ total ballot measure count at 10. All are constitutional amendments.

State legislatures aren’t the only ones making ballot measure news, as two petition drive deadlines are looming for the states of Ohio and Washington. Ohio’s deadline is July 6, while Washington’s is July 8, as signatures must be turned in that day in order for citizen-initiated ballot measures to be placed on the ballot.

Initiatives in Ohio include the much-publicized health care amendment, which calls for exempting residents from national health care mandates. Also included is the immigration amendment, which would authorize police to question a person’s immigration status despite no suspicions that they are illegal immigrants.

In Washington, although an estimated 80 initiatives were filed in 2011, according to reports, only five campaigns may file signatures by the July deadline. Campaigns expected to file include: Initiatives 1132 – state transportation funds, 1130 – egg-laying hens, 1176 – long-term care and 1183 – liquor licensing.

Keep a look out for updates from Ballotpedia throughout the week concerning the circulation deadlines in both states.

Also, last week saw judicial developments out of at least two states. In Arkansas, a ruling was handed down by the state high court upholding to a 2010 interest rate limit amendment. Finally, in Michigan, a 2006 marijuana measure was overturned by the U.S. Court of Appeals.

SPOTLIGHT: Moroccans vote for constitutional reforms
On July 1, a referendum election on proposed constitutional changes was held in Morocco. Of the 13 million people eligible to vote, reports indicate that 9 million cast their ballots and approved the changes with 98 percent in favor.

The nearly unanimous vote mirrored protests held earlier this year. The reforms sought to curb the King’s powers. Specifically, the changes include selecting the Prime Minister from the party who wins the most seats in Parliament. Additionally, the Prime Minister would replace the King as the head of government. Other changes include: giving Parliament more oversight of civil rights and national issues; giving women civic and social equality; and giving the native language of Berber official status in the country.

In which state did proponents file a measure in 2010 to change the state law about the sale and distribution of bottle rockets? Click to find out!

According to reports, many international bodies praised the reforms as a step in the right direction for democracy in the country. Others noted that the reforms were only superficial, leaving the King still in absolute control. Those opposed to the reforms had encouraged boycotting the referendum and many suspect that democratic protests will continue despite the vote. International organizations have now started to encourage that the King follow through with the changes and ensure that they are implemented.

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Edited by Geoff Pallay

South Carolina is one of the 8 states that added a Congressional seat following the 2010 census. This past week has demonstrated the controversial nature of determining where that new seat goes.

Despite the fact that Republicans hold a trifecta in South Carolina, a heated debated is ongoing over the 7th Congressional District. Republicans currently hold large majorities in the Senate and House — and the Governor’s mansion in Columbia.

Members of the South Carolina House of Representatives last week approved a map that places the new seat in the northeastern part of the state — centered near Myrtle Beach.

On June 23, 2011, a map was passed out of Senate committee after a 19-19 tied vote was broken by Lt. Governor Ken Ard (R). That plan would have split parts of Spartanburg County between the 4th and 5th Congressional Districts and put the new 7th District centered in Horry County.

But on Wednesday, the Senate surprised onlookers by passing a map that places the new 7th District in the Lowcountry — centered around Beaufort County. The initial vote was 22-20 before final passage by 25-15. Senate leadership called the map a “setback” because it did not line up with the House plan.

Senators who backed the seat in the Lowcountry said that map would give Republicans a better chance of winning the 7th District. Senator Larry Grooms — who initiated that map — lobbied Democrats to join in support of his plan, which helped facilitate its initial passage.

The Senate map must now be reconciled with the House map. Negotiations will occur and then the legislature will reconvene on July 26 to vote again.

State news

Arizona

On Wednesday, the commission by a vote of 3-2 hired Strategic Telemetry to work as the mapping consultant. Colleen Mathis, commission chair, sided with the two Democratic commissioners. The Republican commissioners questioned the political leanings of Strategic Telemetry, based on its work with the past two Democratic presidential candidates — John Kerry and President Barack Obama — as well as current work with the recall campaigns against Republicans in Wisconsin. Mathis defended her decision, saying the hiring is not about politics and more about the advanced presentation that would include social media and mobile phones to gather public input.^[1] A three-hour closed executive session was held prior to the vote.^[2]

California

Some new “visualizations” have been released in California. One change in the map would unify Napa County — in particular American Canyon. The city had been split from Napa in the first version of maps, at both the Congressional and state legislative level. The visualizations are not final, but will likely guide the next version of maps to be released on July 14. A petition was circulated that gathered 1,100 signatures to stress the city’s desire to be reunited with Napa County.

Additionally, the new visualization appears to absorb the 6th Congressional District into a coastal district in Napa. Currently, the 6th District is represented by Lynn Woolsey (D) from San Francisco. She announced this week that she would not seek re-election this year. Assemblymember Jared Huffman (D) and political activist Norman Solomon have already expressed interest in running and opening exploratory committees. The new district would also include current U.S. Representative Mike Thompson.

Continued analysis has shown a possible pick-up for Democrats of 3 to 5 Congressional seats.

The deadline for public comments to the map was Tuesday of this week. Additionally, public hearings ended on the same day, as the commission will now begin working on updated maps for the July 14 deadline.

Delaware

The House passed its redistricting map on Tuesday on a party line vote. House Majority Leader Peter Schwartzkopf said that no substantial changes were made to the map after public hearings were held. Of the 15 Republican House members, 10 voted no and 5 did not vote. Schwartzkopf said he was not surprised by the Republican vote against the map.

On Thursday, the Senate approved both plans, clearing the way for the state to meet its deadline of today when session adjourned. Republicans have contended the maps are gerrymandering, and a lawsuit is possible.

Illinois

Three weeks after it was passed by the legislature, Governor Pat Quinn signed the new congressional districts map into law on June 24. While Quinn has called it fair and competitive, Republicans see it as anything but. A lawsuit is expected, most likely on the grounds that the map discriminates against Latinos.

Louisiana

The Senate redistricting map received pre-clearance from the Department of Justice on Wednesday. The approval clears the state to hold its 2011 legislative elections as scheduled.

Massachusetts

On June 29, 2011, U.S. House Representatives Michael Capuano and Stephen Lynch each traveled to Boston to personally meet with the two power-brokers in redistricting — State House rep Michael Moran (D) and State senator Stanley Rosenberg (D), co-chairs of the redistricting committee.

At the June 13, 2011 redistricting committee hearing in Lawrence, a citizens group offered a proposal to legislators that would create additional Latino majority-minority districts in the Massachusetts General Court. The Dominican American National Roundtable offered a version of the maps that would alter the districts currently held by Senators Barry Finegold (D) and Steven Baddour (D). The proposal would move Lawrence from Finegold’s district to Baddour’s. The two House district proposals would create two Lawrence-based districts each with more than 70 percent of the population composed of Latino voters. Lawrence is New England’s most Latino city.

Michigan

On June 29, 2011, the Michigan State Senate voted 25-13 to send the map along to Governor Rick Snyder (R). The new maps will provide added representation to the southeast portion of the state. Legal challenges to the new maps are expected — likely from the Michigan Democratic Party or Congressional Black Caucus.

Mississippi

On June 7, 2011, the NAACP filed notice that it will take its suit to the U.S. Supreme Court. The organization is arguing that the 2011 elections should be blocked because district populations are unbalanced.

Texas

The final map of the 2011 Texas redistricting cycle is now awaiting to be signed into law by Governor Rick Perry. The Congressional redistricting plan passed the Senate on last Monday in a 19-12 straight party vote. Already, seven different lawsuits have been filed relating to the redistricting process.

Vermont

Last month, Vermont took the first steps toward completing its redistricting process — and possibly creating single-member districts. But a mistake was discovered with the Senate map. According to the Vermont Constitution, there can be only 30 Senators. But the new map the Apportionment Board created had 31 members. A last-minute fix was needed to compensate and fix the error. In order to alleviate the problem, the Board removed a seat from Northeast Kingdom, which would make Orleans a single-seat district. Currently, Vincent Illuzzi (R) and Robert Starr (D) represent that district. Under the new map, they will have to run for the same district.

The new Senate map was approved by a Board vote of 4-2.

An image of the final map is available here.

Wisconsin

Democratic state lawmakers, along with members of the Make Our Votes Count Committee, introduced the Redistricting Reform Act on Tuesday. The measure would take the process of drawing maps out of the hands of the legislature and put it into the hands of two non-partisan agencies. Based on Iowa’s model, the Legislative Reference Bureau and Government Accountability Board would be in charge of drawing new congressional and legislative maps, which the legislature would then vote on.

Meanwhile, the Wisconsin Democracy Campaign filed open record requests seeking the proposed maps that have been circulating between a select few Republican legislators, as well as information pertaining to the redistricting process. Republicans have sped up the redistricting process over previous years, which some critics allege is an effort to pass new maps prior to the upcoming recall elections which could give Democrats control over the Senate.

Edited by Geoff Pallay

With 16 states requiring some form of approval from the Department of Justice, many lawmakers have closely watched the review process in Virginia and Louisiana. Following DOJ approval of the first three maps from those two states, other states may interpret this as a signal about what will be judged acceptable under the Voting Rights Act.

On Wednesday, Republicans in North Carolina released a redistricting proposal for the Voting Rights Act districts in the North Carolina General Assembly.

The plan creates 24 majority-minority districts in the House and 10 in the State Senate. Currently, 18 African-Americans serve in the House and 10 serve in the State Senate.

Although the plan could increase the number of minorities serving in the General Assembly, an NAACP attorney accused lawmakers of packing blacks into fewer districts to reduce their broader influence. Moving black voters from existing districts to neighboring VRA districts may also have the effect of undermining the voting base of several Democratic incumbents.

However, Bob Rucho (R), chair of the Senate Redistricting Committee, argues that lawmakers have a responsibility to empower minorities to choose their own candidates by creating more majority-minority districts. A press release explaining the proposed districts can be found here.

Following the release of the Voting Rights Act districts, lawmakers decided to push back the full release of the state’s legislative maps from July 1 to July 11. Full Congressional plans are still expected on July 1.

North Carolina VRA Redistricting Proposal
VRA districts in the NC House. VRA districts in the NC State Senate.

State news

Arizona

The Independent Redistricting Commission is meeting today to interview three firms who have applied to serve as mapping consultants. The three applicants are TerraSystems Southwest Inc., Research Advisory Services, and National Demographics Corp.

California

This week the schedule for new maps was delayed slightly as residents and commissioners alike continue to analyze draft maps. Residents were given until June 28 to submit written comment. Additionally, the release of an updated version of draft maps has been delayed until July 12. The majority of feedback continues to center around keeping communities together and avoiding combining neighborhoods with differing needs. For example, residents in Merced have spoken out against a new Senate district that combines Merced (highly agricultural) with Santa Clary County (high-tech industries). The Commission has continued holding meetings throughout the state to gather input, and citizen turnout has been larger than expected.

Additionally, minority organizations are alleging that the draft maps would hurt the chances of Latinos getting elected to office. Specifically, the map could endanger U.S. Representative Loretta Sanchez.

Meanwhile, in Sacramento, members of the Sacramento City Council sent a joint letter with concerns to the Commission over the draft legislative maps. Several parts of Sacramento would be split under the proposed Senate and Assembly maps.

Louisiana

On Monday, the Department of Justice granted approval to the new House map. However, legal challenges are still possible. Speaker Jim Tucker (R) called the moment historic, in referring to the fact that no House plan has ever received pre-clearance from the Department of Justice.

Maine

On Wednesday, Judge George Singal ordered the Maine State Legislature to finish redistricting by September 30, 2011. If it cannot complete that task, then the Maine Supreme Court would have until November 15 to finish redrawing the two districts.

Michigan

On Thursday, the Michigan State Senate and Michigan House of Representatives each approved a portion of the state’s redistricting plan. The House approved the GOP’s proposed Congressional redistricting map. The plan passed along party lines, 63-47. Meanwhile, the Senate passed the proposed legislative plan 29-8 with bipartisan support. Several Democrats signed on to the plan after the Democratic proposal for Detroit’s State Senate seats was integrated into the maps. The House plan for Detroit was unaffected.

Both sets of approved maps now head to the opposite chamber for concurrence. Opponents argue that Republicans are rushing the redistricting process. However, Republicans contend that final plans should be approved by July 1 to allow sufficient time for legal challenges.

2011 Michigan Redistricting Plans
This map shows the US House districts as proposed. This map shows the existing US House districts. This map shows the House districts as proposed. This map shows the Senate districts as proposed. This maps shows the Detroit Senate districts as proposed. This maps shows the Detroit Senate districts as amended.

Nevada

On Wednesday, Judge James Todd Russell met with both Democratic and Republican lawyers to discuss the redistricting lawsuits. Another meeting has been set for July 12, 2011, when a briefing schedule and date for a formal hearing will be set. The session adjourned with no Congressional or state legislative maps, as Governor Brian Sandoval (R) vetoed every map the Democratic-majority sent to his desk.

New Mexico

The map-drawing process in New Mexico has gotten underway. The redistricting consultant hired by the legislature created seven draft maps for new Congressional districts. Among the new proposals is one that would fold all of eastern New Mexico into one southern-based Congressional district. The redistricting committee is now holding a series of public input sessions across the state. A special session is expected in September 2011 to vote on new maps.

South Carolina

Deliberations continue in South Carolina over the final appearance of the Congressional map. At stake is the creation of a new 7th District. On Monday, the South Carolina State Senate held a public input forum to gather reaction from citizens. Residents from throughout the state argued for their location as the central point of a new district. In particular, some residents from Pee Dee took a chartered bus to Columbia for the meeting.

With a special session set to conclude next week, lawmakers have until then to finalize the map. However, the Senate is split over how the final map should look, which could ultimately mean the map will be drawn by a panel of three federal judges. On Thursday, a map was passed out of committee after a 19-19 tied vote was broken by Lt. Governor Ken Ard (R). The plan now advances to the floor for debate. It would split parts of Spartanburg County between the 4th and 5th Congressional Districts. The new 7th District would be centered in Horry County.

Texas

The Texas State Senate passed a bill Wednesday that would create a citizen redistricting commission — although it would not take effect until the 2020 redistricting cycle. Acknowledging the impossibility of removing partisanship from the redistricting process, Senator Jeff Wentworth (R) sponsored the commission bill with the aim of making the process fairer and less politically charged. The Senate passed similar bills in 2005 and 2007; both times the bills were defeated in the House.

A coalition of Hispanic advocacy groups, with the Texas Latino Redistricting Task Force as lead plaintiff, filed a federal redistricting lawsuit against Governor Rick Perry on June 17th. The suit, filed in the United States District Court for the Western District of Texas, challenges redistricting plans for the Texas House of Representatives and the Texas US Congressional Delegation on grounds that minority voting representation is not proportionate to 2010 Census population data. The suit seeks to strengthen Hispanic voting power within the state.

Wisconsin

It was reported on Thursday that legislative leaders have redrawn Wisconsin state Senate and Assembly maps but are keeping them mostly secret, even from their own party members. Speaker of the Assembly Jeff Fitzgerald (R) said he has begun sharing the maps with fellow Republicans in his chamber and deciding whether to pass them in July, prior to the recall elections against nine senators.

Republican state Senators Luther Olsen and Robert Cowles, both of whom are the targets of recall elections, as well as President of the Senate Michael Ellis (R) said they have not yet seen maps of their own districts. While the legislature is not currently scheduled to be on the floor during July, a special or extraordinary session could be held. Ellis said the decision is up to Fitzgerald, but that he expects the senate to pass the maps before the recalls.

Virginia

On Friday, June 17, the Department of Justice approved Virginia’s legislative redistricting plan. The approval process took only 37 of the 60 days allotted by the Voting Rights Act. Virginia Attorney General Ken Cuccinelli (R) praised the Department’s speedy response. Cuccinelli had also sought approval from the U.S. District Court for the District of Columbia as a contingency plan.

By Al Ortiz

COLUMBUS, Ohio: A proposal that allows voters to exempt themselves from national health care mandates has fallen short in the Ohio House of Representatives by one vote. According to reports, the measure needed 60 votes in the chamber in order to make the ballot. The Ohio State Senate had previously voted to pass the measure, with a tally of 24 to 9 during the week of June 15, 2011. The Ohio State Legislature can propose amendments to the ballot, according to Article XVI, if 60% of the members of both chambers agree to it.^[1]

Specifically the measure would have stopped any federal or state law from forcing persons, employers or health care providers from participating in a health care system. However, a similar measure, a citizen initiative, is currently proposed for the 2011 ballot as well, and is gathering signatures for ballot placement.

A coalition of Tea Party groups and other groups announced on April 22, 2011 that it has collected more than 300,000 signatures. Supporters have until July 6, 2011 to collect the 385,245 signatures from registered voters that are required for an initiated constitutional amendment to obtain ballot access. This number represents 10% of the votes cast for governor in the most recent election. In addition, signatures must be gathered from 44 of Ohio’s 88 counties.

ALBANY, New York: Today is the last scheduled day of the New York legislative session, and time is running out as Democrats scramble to garner one last vote on Governor Cuomo’s same-sex marriage legislation.

Cuomo’s bill would grant same-sex couples equal rights to marry, as well as “hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex.”^[1] The bill, if passed, would alter the current Domestic Relations Law to say that “no application for a marriage license shall be denied on the ground that the parties are of the same or a different sex.”^[1]

The bill has the support of 31 senators, including two Republicans, senators Roy McDonald and James Alesi. However, the bill still needs the support of one more senator to seal the deal. Senate Majority Leader Dean Skelos has indicated that, despite GOP concerns over the “unintended consequences” of re-defining marriage, discussions will still continue. Cuomo has also indicated that he will extend the legislative session if need be, stating “There is a full agenda for both the Assembly and Senate to accomplish and the legislative session will not end, either through regular or special session, until the people’s business is done.”^[1]

If the Senate is able to pass the bill, New York would then join five other states, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire in granting same-sex marriage licenses.^[1]

By Jackie Arthur

In this week’s State Legislative Tracker there are 13 states still in regular session.

Sessions

So far this year, 36 out of 50 state legislative sessions have officially adjourned. This week, two states are scheduled to adjourn their 2011 session:

• June 20 – New York
• June 23 – Louisiana^[1]

States that adjourned last week:

• June 18 – North Carolina

Special sessions

Special sessions are expected to be 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.

As of this week, California, South Carolina, Texas, Virginia and Wisconsin continue their special sessions. Illinois is set to convene their special session this week, beginning June 22.

Special sessions that ended last week were:

• Arizona- June 10-13. Arizona began its special session on Friday, June 10, with hopes of extending unemployment benefits for an extra 20 weeks. Governor Brewer also proposed tightening job search requirements for recipients of extended benefits. The session lasted only two days, and was adjourned sine die on June 13, after the legislature declined to consider the benefit extensions and business tax cuts. ^[2]

A total of eight special sessions have adjourned this year in Alaska, Alabama, Arizona, Delaware, Kentucky, Louisiana, Utah and Washington.

Regular sessions

Current sessions capture as of June 20, 2011

The following 13 states remain in regular legislative sessions:

Click here to see a chart of each state’s 2011 session information.

Sessions spotlight

This week, New York and Illinois are in our spotlight– New York teeters on the verge of an extended session, and Illinois taxpayers prepare to shoulder a pricey special session– followed by an update on Iowa and North Carolina which were featured in last weeks spotlight.

• New York: Today is the last scheduled day of the New York legislative session, and time is running out as Democrats scramble to garner one last vote on Governor Cuomo’s same-sex marriage legislation.

Cuomo’s legislation would grant same-sex couples equal rights to marry, as well as “hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex.”^[4] The bill, if passed, would alter the current Domestic Relations Law to say that “no application for a marriage license shall be denied on the ground that the parties are of the same or a different sex.”^[4]

The bill has the support of 31 senators, including two Republicans — Roy McDonald and James Alesi. However, the bill still needs the support of one more senator to seal the deal. Senate Majority Leader Dean Skelos (R) has indicated that, despite GOP concerns over the “unintended consequences” of re-defining marriage, discussions will still continue. Cuomo has also indicated that he will extend the legislative session if need be, stating “There is a full agenda for both the Assembly and Senate to accomplish and the legislative session will not end, either through regular or special session, until the people’s business is done.”^[4]

If the Senate is able to pass the bill, New York would then join five other states, Massachusetts, Connecticut, Iowa, Vermont and New Hampshire in granting same-sex marriage licenses.^[4]

• Illinois: Illinois Governor Pat Quinn (D) has chosen June 22 as the start of Illinois’ first special session, which was called to deal with the state’s construction budget. Quinn and Illinois Democrats hope to add $430 million in extra spending for education and social services linked to the construction budget, which Republicans have objected to. Adam Andrzejewski, conservative advocate and former candidate for governor, thinks that Quinn should be calling lawmakers back to cut government spending, not spend more. “Illinois’ special sessions are costly to taxpayers on many levels. The sessions cost $50,000 per day and are used to fund insiders, road contractors, and politically connected vendors. In a bankrupt state, the gravy train rolls on,” Andrzejewski said.^[5] The last time lawmakers were in session, 2007 and 2008, the price tag was $40,000. In those two years, former governor Rod Blagojevich (D) ordered a record total of 26 special sessions. Fewer lawmakers attended those sessions, keeping costs at bay.^[5]

Projected costs for the session are expected to average around $50,000 per day. If the session takes place, each legislator would receive $111 in per diem per day, plus 39 cents per mile in transportation reimbursement. There are 177 total members in the House and the Senate. For House members, the total per day would be $32,414, the Senate, $46,914.^[5]

Updates
Iowa: A now eight week-long budget stalemate continues on, with only eight legislative days left to avoid a complete government shutdown. The Iowa legislative session began on January 10, 2011 and has continued since, now 52 days past the scheduled time of 110 calendar days. The Iowa legislature is not in special session, rather an extended session in which legislators do not receive per diem. Iowa legislative rules allow lawmakers to receive per diem for a maximum of 100 days in even numbered years, and 110 days in odd numbered years. The 110th calendar day of the 2011 session was April 30. The rules may be amended at any time to extend the legislative session.

Democratic senator Jack Hatch said that the legislature should know “by the end of the week” whether or not they are on track for adjournment or for shutdown.^[6]

Last week, Democrats agreed to work within the $5.999 billion spending limit set for 2012 by Governor Terry Branstad (R) and and the Republicans. However, talks have dissipated, with both sides back to pointing fingers. Republicans claim Democrats wanted to add back more spending, driving a $100 million wedge between the two parties. On the flip side, Democrats claim that Republicans have “upped their ante” by $35 million.^[6]

Governor Branstad has said he hopes to return from his statewide tour this week, to personally involve himself in the goings on in the statehouse.^[6]

Iowa’s current budgeting year ends June 30th. Legislators need to approve a spending plan for the fiscal year which begins July 1, 2011.^[6]

North Carolina: After a tempestuous session, the North Carolina regular session has finally come to a close. The session ended on Saturday, June 18, after many agreements were reached on issues such as abortion restrictions, voter I.D. requirements and a $500,000 medical malpractice cap. The legislature also overrode Governor Perdue’s veto on the GOP’s $19.7 billion state budget. Perdue had until July 18 to sign or veto legislation that reaches her desk. The legislature will re-convene in a special session beginning July 13 for redistricting, during which time Perdue can also consider vetoes.^[7]

Elections

A total of 578 seats will be up for general election in state legislatures in 2011. New Jersey on June 7 held this year’s first primary for 2011 state legislative elections.

New Jersey has 40 legislative districts, which left 80 possible primaries in each chamber — 40 Democratic and 40 Republican. In the Senate, a primary was “contested” when there were at least two candidates competing for their respective party’s nomination. In the General Assembly, a contested primary featured at least 3 candidates since the top-2 vote-getters advanced to the general election.

There were only 9 contested primaries out of the 80 primaries in the Senate. In the General Assembly, only 15 of the 80 primaries were contested. All told, only 24 out of the 160 primaries on June 7 (15%) required voters to choose between multiple candidates. In the remaining 136 primaries (85%), the candidate (or candidates in the New Jersey General Assembly) automatically advanced to the general election.

See also: Ballotpedia news report on New Jersey primary competitiveness

The other three states holding elections this year are Louisiana, Mississippi and Virginia.

The next state with a signature filing deadline is Louisiana on September 8. Virginia’s signature filing deadline was June 15, however no candidate list has been released. Virginia’s primary has been rescheduled to August 23, 2011 instead of its usual date of June 14, 2011^[8] after delays and uncertainty in the redistricting process.^[9].^[10]

Special elections

June

There is one special election in Georgia House District 113 this week. Tomorrow, four candidates will compete to fill a vacancy in Georgia House District 113. The vacancy was created when Hank Huckaby (R) resigned to become the new University of Georgia Chancellor.

The special election for State House District 113 will occur in Oconee County and portions of Clarke, Morgan and Oglethorpe counties. The election is a non-partisan special election with no party primary. A run-off election, if needed, will be held on Tuesday, July 19, 2011. ^[11]

The following candidates qualified by the May 18 deadline and will be placed on the ballot:

Democratic Candidate:

• Dan Matthews

Republican Candidates:

• Alan McFarland Alexander, Jr.
• Sarah Virginia Bell
• Charles Edward Williams

As of today, there is only one other special election scheduled for this month. On June 28, Republican Jose Oliva will face write-in candidate Antonio Moreno in a special election to fill a vacancy in Florida House of Representatives District 110. ^[12] The vacancy was created when former Representative Esteban Bovo, Jr. (R) resigned to take the office of Miami-Dade County Commissioner.