Lawmakers Wait for Cuomo's Two Cents on 5-cent Plastic Bag Tax

Stay in the know this week: No Images? [Click here]( [Ballotpedia: The Encyclopedia of American Politics]( The week in review: February 4 - February 10 What’s on tap next week: February 11 - February 17 State - On Monday, February 6, the [New York State Legislature]( sent a [bill]( to Gov. [Andrew Cuomo](’s (D) desk that would halt the implementation of a five-cent [New York City]( plastic bag fee until at least 2018. Cuomo has publicly stated that he is [undecided]( on the bill, saying that he is weighing the environmental concerns against the economic ones. The city’s original law is slated to go into effect on February 15. The bill would put a 270-day moratorium on the fee and call for the city council to re-authorize, modify, or repeal the law it originally passed in 2016. - Local officials and state governments throughout the United States struggled to resolve [conflicts over policy issues]( in 2016. Out of eight resolved preemption cases tracked by Ballotpedia in 2016, states were able to preempt local ordinances or initiatives in seven cases. Local - On Wednesday, February 8, the parents of students attending [Chicago Public Schools]( (CPS) received two disparate [letters]( about the district’s continued financial troubles, highlighting ongoing friction between state and local lawmakers. - Letter #1: Roughly [381,000]( CPS students were sent home with a letter penned by district CEO [Forrest Claypool](, coinciding with the district’s announcement of a $46 million spending freeze. In the letter, Claypool explained the freeze was the result of a bill [vetoed]( by Gov. [Bruce Rauner]( (R) in December 2016. The bill would have earmarked more than $200 million to assist the district, but Rauner vetoed the bill, saying state [Democrats]( failed to uphold a deal to negotiate an overhaul of the state pension system. Claypool said the veto also makes a four-day furlough and an additional $23 million in budget cuts necessary for the district’s continued operation. Claypool further wrote, “Governor Rauner, just like President Trump, has decided to attack those who need the most help…We need not just the $215 million first step that the Governor has stolen from your children. We need real change that is fair to your children.” - Letter #2: In a second letter sent to parents by state education Secretary Beth Purvis, the Rauner administration said CPS has a history of fiscal mismanagement that led to its $215 million budget deficit for the 2015-2016 school year. Purvis said the district receives a special block grant from the state each year, has a declining enrollment, and benefits from increased local property taxes. The letter also alleged that the announcement of a spending freeze made by the district earlier in the week was an attempt to create an atmosphere of crisis. Chicago Public Schools served 392,558 students during the 2014-2015 school year—approximately 19 percent of all public school students in the state. - Claypool’s letter was condemned by local Republican leaders. - Chicago [Republican Party]( Chairman Chris Cleveland filed an ethics complaint with the CPS inspector general. The complaint alleges that Claypool illegally used taxpayer resources to deliver an overtly partisan letter to district parents. Claypool defended the letter, calling the complaint a smokescreen and saying the letter was about the children of Chicago and the ways that policies passed down by the state can affect them. The inspector general’s office declined to comment to the Chicago Tribune. [State politics]( The Week in Review Ballot measures update: 2017: - So far, [five statewide measures]( are certified to appear on the ballot in 2017 in [Maine](, [New York](, [New Jersey](, and [Ohio](. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. Moreover, voters in Puerto Rico will decide [a referendum]( on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association. - The next [signature filing deadline]( for citizen initiatives in 2017 is in [Ohio]( on July 5. - An [indirect initiative]( petition addressing [casinos]( was certified as valid and sufficient and sent to the legislature in Maine; it will go before voters if the legislature does not approve it. - Signatures for a 2017 initiative related to [Medicaid expansion]( in Maine were submitted. 2018: - [Four measures are certified to appear on statewide ballots in 2018]( so far, and a signature petition for a [citizen-initiated measure in Nevada]( designed to establish an automatic voter registration system was certified as sufficient. It will be sent to the legislature and later to voters if the legislature does not approve it within the first 40 days of its 2017 session. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. Saturday, February 4 Oklahoma Representative Announces Resignation - Oklahoma Rep. [Dan Kirby]( (R) announced his [resignation](, effective March 1, after admitting that he asked a legislative aide to send him topless photos and go to a strip club with him. The announcement came two days after a special committee recommended he be expelled from office. Gov. [Mary Fallin]( (R) has 30 days from the time of the resignation to call a special election. Kirby’s resignation will leave Republicans with a [73-26 majority](. So far in 2017, five of the 32 vacancies tracked by Ballotpedia in state legislatures have come as the result of a resignation. Sunday, February 5 Trump Speaks Against California’s Sanctuary Policy - In an [interview]( with [Fox News]( host Bill O’Reilly, President Trump reiterated that he was open to leveraging federal defunding in an attempt to halt California's sanctuary state legislation. Trump said the state was “out of control,” adding, “If they’re going to have sanctuary cities, we may have to [defund them]. Certainly that would be a weapon.” Legislative leaders in California [spoke out]( against Trump’s message the next day. Senate President Pro Tem [Kevin de Leon]( (D) said in a statement that the “threat to weaponize federal funding is not only unconstitutional but emblematic of the cruelty he seeks to impose on our most vulnerable communities.” Last month, a nonpartisan legislative analyst [reported]( that the federal government spends about $386 billion a year in the state. California is currently one of six [Democratic trifectas](. - On January 31, the California Senate [Public Safety Committee]( advanced a [bill]( along a party-line vote that would expand sanctuary status to the entire state. The bill would prohibit state and local law enforcement from spending money on enforcing federal immigration laws and ban the enforcement of immigration laws in state schools, health facilities, and courthouses. On January 25, [Trump]( (R) signed an [executive order]( to eliminate federal funding to cities and states that operate as sanctuary jurisdictions. - On January 24, California Gov. [Jerry Brown]( (D) delivered a State of the State [address]( that The New York Times called “a fiery anti-Trump message.” The self-written speech, titled “California Is Not Turning Back, Not Now, Not Ever,” declared resistance to the [climate change]( and [immigration]( policies of the new administration. - Earlier this year, the [California State Legislature]( announced that it would [retain]( former [U.S. Attorney General]( [Eric Holder]( to represent the state in any legal disputes with the federal government. State Sen. [Kevin de León]( (D) said at the announcement that “the former attorney general of the United States brings us a lot of firepower in order to prepare to safeguard the values of the people of California.” VERBATIM FACT CHECK [Will Lyda Krewson's crime plan cost $34 million without additional oversight?]( Primary elections for the next mayor of St. Louis will take place on March 7, 2017. Criticizing Democratic candidate Lyda Krewson's public safety proposals, opponent Antonio French said, "Her new crime plan … will cost taxpayers $34 million without adding one layer of additional oversight or accountability." French is correct. Krewson herself estimates that her proposed crime plan will cost $34 million, and her working group proposal does not include additional oversight that is not already provided by the city's current crime plan. Monday, February 6 Democratic AGs File Suit Against Feds - Sixteen Democratic attorneys general [filed]( a friend-of-the-court brief in support of the lawsuit filed against the federal government by Washington Attorney General [Bob Ferguson]( (D) and Minnesota Attorney General [Lori Swanson]( (D). The officials joining the lawsuit represent California, Connecticut, Delaware, the District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia. The lawsuit came in response to an [executive order]( that barred individuals from seven countries from entering the United States and suspended the refugee admissions program. In total, 18 of the 21 Democratic state attorneys general have come out against the executive order. The other three yet to join in the suit are [Andy Beshear]( (Kentucky), [Jim Hood]( (Mississippi), and [Josh Stein]( (North Carolina). Missouri Veto Referendum Filed - The same day that Gov. [Eric Greitens]( (R) signed right to work legislation into law, the presidents of the [Missouri AFL-CIO]( and[Missouri NAACP]( [filed]( a [veto referendum]( to halt the law until voters can weigh in on it in 2018. Senate Bill 19, which was set to go into effect on August 28, 2017, would mandate that no person can be required to join a labor union or pay dues to a labor union as a condition of employment. Anyone convicted of violating SB 19 would be charged with a Class C misdemeanor. Opponents of the bill behind the referendum petition have until August 28, 2017, to collect enough valid signatures to get the referendum on the 2018 ballot. Missouri became one of 25 [Republican trifectas]( after the [2016 gubernatorial election](. - The last veto referendum that qualified for the ballot in Missouri went before voters in [1982](. - The Missouri secretary of state has not yet released November 2016 election results from the state’s individual congressional districts. Since the exact signature requirements for getting measures on the ballot in each district are based on those results, the signature requirements are currently unavailable. To see the requirements that were in place from 2013 through 2016, click [here](. Two More States Began Legislative Sessions - State legislative sessions began in Nevada and Oklahoma. Nevada is currently under [divided government]( after both chambers flipped from Republican to Democratic control in the [2016 elections](. Oklahoma, meanwhile, is one of 25 [Republican trifectas](. In total, 212 legislators are back to work across those two states. That number accounts for 2.8 percent of the 7,383 state legislators across the country. New Jersey Enacts Opioid Legislation - New Jersey Governor [Chris Christie]( (R) signed a [bill]( into law that places [new requirements]( on doctors who prescribe Schedule II drugs and all opioids to minors. Doctors in the state must now discuss the risks of dependence and addiction with the minor’s parents and obtain written acknowledgment of the discussion. The acknowledgment will be included in the patient’s medical record. The law went into effect immediately and was [intended]( to curb the opioid abuse epidemic occurring nationwide. New York Assembly Passes Sanctuary Legislation - The [New York State Assembly]( passed [legislation]( that would prohibit state and local law enforcement across the state from enforcing federal immigration laws and making arrests based on suspected immigration status. The law, like the legislation currently being considered in California, would make New York a [sanctuary state](. The legislation passed by a 77-58 vote, with Republicans joined by Democrats from upstate New York voting against the law. To become law, the bill would need to pass the [New York State Senate](, which is currently controlled by a [Republican coalition](. President Trump recently signed an [executive order]( limiting federal funds to sanctuary cities and has threatened to do the same to states that adopt similar policies. If this law is adopted, New York would become the first sanctuary state. - See also: [Minority and coalition control of state legislative chambers]( NCAA Issues North Carolina Ultimatum - The North Carolina Sports Association sent a [letter]( to the [North Carolina State Legislature]( stating that if House Bill 2 wasn’t repealed, the NCAA would not allow basketball tournament games in the state until at least 2022. The NCAA has said that it would not consider bids from any school, city, or arena to host March Madness games from 2018-2022 unless lawmakers comply. House Bill 2 was passed in March 2016 and prohibits individuals from using any bathroom that does not correspond with the sex on their birth certificate. The NCAA has already pulled seven events during the 2016-17 season from the state across a number of sports. [Senate Bill 25](, which would repeal House Bill 2, was proposed last week by Senate Democrats and is currently under consideration in the Senate. North Carolina is currently one of 19 states under [divided government](. Florida Senate Considers Death Penalty Legislation - The [Florida State Senate]( will consider a [bill]( requiring unanimous jury approval before any death sentence after it passed the [Criminal Justice Committee]( unanimously. Senate Bill 280’s sponsor, [Randolph Bracy III]( (D), is the committee’s chair. The legislature passed a bill in 2016 that would require a jury vote at least 10-2 to recommend a death sentence, but the [Florida Supreme Court]( ruled 5-2 in October 2016 that any jury recommendation had to be unanimous. In a major case during the [U.S. Supreme Court's]( [October 2015 term](, the court ruled [8-1]( in Hurst v. Florida that any death penalty had to be imposed by a jury rather than a judge, as Florida was doing at the time. A similar bill filed in the state House has not yet been heard in committee. Florida is one of [31 states]( where the death penalty is legal and is currently one of 25 [Republican trifectas](. Nebraska Senator Appointed - Nebraska Gov. [Pete Ricketts]( (R) [appointed]( [Rob Clements]( (R) to a vacant seat in the [Nebraska State Senate](, representing [District 2](. The seat was previously held by [Bill Kintner]( (R), who resigned at the end of January 2017 in light of a[cybersex scandal]( and controversial tweets that appeared to make light of sexual assault. Clements will serve a two-year term and will be eligible to run for two four-year terms after that. Clements is a banker and former chair of the Cass County Republican Party. Republicans hold a 32-15 majority in the state legislature. Tuesday, February 7 Alabama AG Selected as Sessions’ Replacement - Alabama Gov. [Robert J. Bentley]( (R) [appointed]( Attorney General [Luther Strange]( (R) to the U.S. Senate seat vacated by [Jeff Sessions]( (R). Sessions, President Trump’s pick for U.S. attorney general, was confirmed on Wednesday. Strange must run to retain the seat in a 2018 special election and would be able to pursue a new six-year term in 2020. Strange was previously investigating Bentley over an alleged affair with a former aide, and some are calling into question Bentley’s power to choose a replacement. “By the attorney general vacating the office, the governor gets to single-handedly choose a lawyer to investigate him and his girlfriend,” said Alabama Auditor [Jim Zeigler]( (R). Alabama is currently one of 25 [Republican trifectas](. Louisville Government Bill Introduced in Kentucky - Six Republican Kentucky state representatives from [Louisville]( signed on as sponsors of [House Bill 202](, which would impact how Louisville’s consolidated government functions. Two of the sponsors, [Ken Fleming]( and [Jerry T. Miller](, are former members of the Louisville Metro Council. The bill would impose a limit of two consecutive terms on the mayor, create a deputy mayor position, and allow the governor to fill vacancies for the positions of mayor or metro council. If signed by the governor, the law would take effect in 2019. Currently, the mayor is not restricted by term limits. [Lexington](, another large consolidated government in the state, would not be impacted by HB 202. Kentucky is currently one of 25 [Republican trifectas](. - In 2003, Louisville and [Jefferson County]( merged, creating the Louisville Metro Government. The city utilizes a "strong mayor" and city council system, where the city council serves as the city's primary legislative body and the mayor serves as the city's chief executive. The current mayor, [Greg Fischer]( (D), has been in office since 2010. Louisville is one of 12 of the largest 100 cities in the United States that is a consolidated city-county government. Michigan Representative Resigns - Michigan Rep. [Brian Banks]( (D) [resigned]( from his position after pleading guilty to a misdemeanor charge of making false statements of financial condition. Banks will be sentenced on February 17, and the charge carries up to a year in jail as punishment. The misdemeanor and other related charges stemmed from Banks allegedly using false documents in order to try and secure a $7,500 loan from a local credit union. After being denied and only given a $3,000 loan instead, Banks was then sued by the credit union for failing to repay the loan. Gov. [Rick Snyder]( (R) must call for a special election to fill Banks’ seat. Republicans currently control the chamber 63-46, and Michigan is one of 25 [Republican trifectas](. Pennsylvania Senate Advances Bill to Defund Sanctuary Cities - The [Pennsylvania State Senate]( voted 37-12 to approve [legislation]( that would cut off state subsidies to cities and counties that operate as [sanctuary jurisdictions](. Both chambers of the legislature passed similar legislation last year, but the efforts to get it signed failed after differences in the two bills could not be reconciled. A spokesman for Gov. [Tom Wolf]( (D) said the governor’s office had concerns about whether a state could legally require municipalities to assist with enforcing federal immigration laws. If the legislation were to become law, Philadelphia, Pittsburgh, and about a dozen counties would lose access to state subsidies that totaled $1.3 billion last year. Pennsylvania is one of 19 states under [divided government](. New Mexico Considers Hemp Legislation - The [New Mexico State Senate]( voted 37-2 to pass [legislation]( that would allow the cultivation of hemp for the purpose of industrial study. The bill was sponsored by [Cisco McSorley]( (D) and would bring New Mexico into alignment with more than 30 other states on hemp cultivation. A similar bill was vetoed two years ago by Gov. [Susana Martinez]( (R), who said the legislation could be confusing to law enforcement because hemp and marijuana plants look very similar. The House is currently considering a pair of similar bills sponsored by members of both parties. New Mexico is currently one of 19 states under [divided government](. Virginia’s Special Election - [Jeff Bourne]( (D) defeated [John Barclay]( (L) and [Regie Ford]( (I) in a [special election]( for the [District 71]( seat in the [Virginia House of Delegates](. The seat was vacant following [Jenn McClellan]('s (D) election to the state Senate. McClellan won the seat by an 88-11 margin in 2015. Bourne will need to run for re-election in November 2017. Republicans currently hold a 66-33 majority in the 100-member chamber. Virginia is currently one of 19 states under [divided government](. Alabama Legislators Began Session - The state legislative session began in Alabama. Alabama is currently one of 25 [Republican trifectas](. The state’s 140 legislators—a number that represents 1.9 percent of the 7,383 state legislators across the country—are back to work. Wednesday, February 8 Ohio Marsy’s Law Approved for Circulation - The [Ohio Ballot Board]( gave approval for supporters of a [Crime Victim Rights Amendment]( to gather signatures in an attempt to get the measure on the [2017 ballot](. The board confirmed that the initiative met the state's[single-subject rule](, meaning that petitions for the initiative could begin circulating. The potential amendment, commonly referred to as Marsy’s Law, would provide crime victims with specific rights, such as the right to be notified about and present at proceedings; to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused; to be protected from the accused; to be notified about release or escape of the accused; to refuse an interview or disposition at the request of the accused; and to receive restitution from the individual who committed the criminal offense. On February 3, Attorney General [Mike DeWine]( (R) determined the petition summary was fair and accurate. - The type of crime victim legislation addressed by this measure is often referred to as a Marsy's Law.[Henry Nicholas](, the billionaire co-founder of Broadcom Corp., started campaigning for this kind of legislation to increase the rights and privileges of victims; he was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in [Montana](, [South Dakota](, and [North Dakota](—which all passed—and legislative proposals in Georgia, Hawaii, Kentucky, North Carolina, and [Nevada](. The legislation is named after Henry Nicholas' sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Henry and his mother were also confronted by Marsy's ex-boyfriend after his release from prison; they were unaware of his release from prison on bail. Judge Nominated for Massachusetts’ Highest Court - Gov. [Charlie Baker]( (R) [nominated]( appeals court Judge [Elspeth Cypher]( to the[Massachusetts Supreme Judicial Court](. If confirmed, she will succeed retiring Justice[Margot Botsford](, who will reach the mandatory retirement age of 70 in March. Cypher must be confirmed by the Governor’s Council before assuming her post on the state’s highest court. Following her confirmation, Cypher would become the fourth Baker appointee to serve on the seven-judge court. The other three members of the court were appointed by former Gov. [Deval Patrick](. Massachusetts is one of only two states (along with New Jersey) that allows for the [gubernatorial appointment]( of judges to all courts. Judges Block North Carolina Legislation - A three-judge panel in North Carolina [blocked]( legislation that would require Gov. [Roy Cooper]( (D) to get Senate confirmation for cabinet appointments. The law [limiting the governor’s ability]( to make appointments was passed two weeks before Cooper was sworn into office. Republican leadership in the legislature spoke out against the panel, saying that the judges were legislating from their position on the bench. Cooper, however, praised the ruling as an end to “partisan confirmation games.” Republicans passed this and other bills shortly after Cooper was declared the winner over former Gov. [Pat McCrory]( (R) in December. With Cooper’s victory in 2016, North Carolina’s Republican trifecta was broken and it became a [divided government](. Iowa School Funding Bill Signed - Iowa Gov. [Terry Branstad]( (R) signed [legislation]( into law giving $40 million in supplemental aid to the state’s school districts for the fiscal year that begins on July 1. The legislation increases spending by just over 1 percent and increases the amount spent per student by $73 to $6,664. Additionally, funding was increased specifically to help reduce class sizes, raise teacher salaries, and pay for early intervention programs. Under the new proposal, 54 percent of the state’s [357 school districts]( will fall under the state’s budget guarantee. This program provides a 1 percent funding increase using local property taxes as a means to guard against lost funding due to declining enrollment. In the 2012-2013 school year, Iowa reported the highest[graduation rate]( in the nation, 89.7 percent. Texas Senate Advances Bill to Defund Sanctuary Cities - The [Texas State Senate]( voted 20-10 to approve [legislation]( that would require municipalities to enforce federal immigration policies. The bill would also allow the state to strip funding from governments that don’t honor requests for detainers related to immigration status. The bill must be approved by the [Texas House of Representatives]( before Gov. [Greg Abbott]( (R) will have the option of signing it. Rep. [Charlie Geren]( (R) sponsored similar legislation in the lower chamber, though committee assignments have not yet been made and no bills have been heard in the House yet. Texas is one of 25 [Republican trifectas](. Field for Illinois Governor Grows - Businessman Chris Kennedy (D) [filed]( paperwork to run for [governor of Illinois]( in [2018](. Kennedy is the son of Robert F. Kennedy, the late U.S. senator from New York. In a statement, Chris Kennedy said, “We don't need incremental improvement. We need fundamental change in state government.” Gov. [Bruce Rauner]( (R) plans to run for re-election in 2018, and Chicago Alderman [Ameya Pawar]( (D) has also filed paperwork to run for governor. Rauner’s victory in 2014 broke the [Democratic trifecta]( in Illinois. Democrats will look to rebuild that trifecta in 2018 by recapturing the governor’s mansion. West Virginia Began Its Legislative Session - The state legislative session began in West Virginia. West Virginia is currently one of 19 states under [divided government](. The state’s 134 legislators—a number that represents 1.8 percent of the 7,383 state legislators across the country—are back to work. All told, by this point, 91.4 percent of legislators are in session and back at work for 2017. Thursday, February 9 Arizona Court Overturns Provision of 2002 Amendment - The[Arizona Supreme Court]( [overturned]( part of 2002’s [Proposition 103]( with a 5-0 ruling. The proposition prevents courts from offering bail in cases of sexual assault, sexual conduct with a minor younger than 15, or molestation of a child younger than 15. The court ruled that it was unconstitutional to categorically deny bail on charges of sexual conduct with a minor under 15 years of age without first ruling if the person was a threat to someone else or the community. The ruling said that to do so violated the due process clause of the[14th Amendment]( of the[U.S. Constitution](. Thursday’s ruling did not impact any of the other provisions of the constitutional amendment. Change to Concealed Carry in New Hampshire - Members of the [New Hampshire House of Representatives]( passed [legislation]( that eliminated permits in order to carry a concealed weapon. Members of the lower chamber voted 200-97 in favor of the law, and the bill passed the [state Senate]( on January 19 by a 13-10 vote along party lines. A similar bill passed both chambers last year but was vetoed by then-Gov. [Maggie Hassan]( (D). The new governor, [Chris Sununu]( (R), said he intends to sign the legislation once it reaches his desk. With the governor’s signature, the law would make New Hampshire the 11th state to not require concealed carry permits. Republicans hold a 226-174 majority in the state House, and New Hampshire is one of 25 [Republican trifectas](. Kansas Public Education Cuts Put on Hold - Republican leaders in the [Kansas State Senate]( decided to [halt]( debate on a [bill]( that would cut funding to the state’s public school system by more than $125 million. After failing to secure enough votes to pass the bill, leadership suspended debate on it and any other measures until the state’s budget issue is addressed. The measure was part of a proposal to try and cut into the state’s budget deficit, which stands at about $300 million. Republican leaders said that they would look to restore the funding in the 2018 and 2019 fiscal years, but said that a new funding formula could redistribute the money at that time. [Anthony Hensley]( (D), the Senate minority leader, spoke out against the bill and said that the [Ways and Means]( Committee “basically took the cowards’ way out.” In addition to the K-12 funding cuts, the bill also cuts $22 million from the state’s higher education funding. Delaware Supreme Court Justice Announces Retirement - Justice [Randy Holland](, the longest-serving judge on the [Delaware Supreme Court](, announced that he would [retire]( at the end of March. At the time of his appointment in 1986, Holland was the youngest person to serve on the court. Holland’s retirement will give first-term Gov. [John Carney Jr.]( (D) his first opportunity to make an appointment to the state’s highest court. Speaking of Holland’s retirement, Carney said, “His thoughtfulness and deep knowledge of Delaware history and the Delaware Constitution will be missed.” Carney will be given a list of potential appointees by a judicial nominating commission and will submit his choice to the [Delaware State Senate]( for confirmation. Holland was the only member of the five-person court who was appointed by a Republican governor. The other four members were all appointed by former Gov. [Jack Markell]( (D). Justice Appointed to Oklahoma Supreme Court - Oklahoma Gov. [Mary Fallin]( (R) [appointed]( [Patrick Wyrick]( to the [Oklahoma Supreme Court](. Wyrick, who is Fallin’s first appointment to the nine-member court, succeeds the retired [Steven Taylor](. Because Taylor retired at the end of his regular term, Wyrick will stand for retention to a full six-year term in 2018. Wyrick will join [James R. Winchester]( as the only other justice on the court appointed by a Republican governor. Five were appointed by [Brad Henry]( (D), while George Nigh (D) and David Walters (D) appointed one each. Prior to this appointment, Wyrick served as the solicitor general of Oklahoma from 2011-2017. Special elections and appointments As of this week, [five state legislative seats]( have been filled through special elections in 2017. Another 12 elections (not including runoffs) have been scheduled in seven states to fill vacancies. Due to redistricting, additional [state legislative special elections]( may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court issued an [order]( on January 10, 2017, that would cancel the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order. - An average of 89 seats were filled through special elections in each of the past three odd years ([2011](: 94, [2013](: 84, [2015](: 88). - An average of 44 seats were filled through special elections in each of the past four even years ([2010](: 26, [2012](: 45, [2014](: 40, [2016](: 65). Upcoming special elections include: February 14, 2017: - [Minnesota House of Representatives District 32B]( February 25, 2017: - [Delaware State Senate District 10]( February 28, 2017: - [Connecticut State Senate District 2]( - [Connecticut State Senate District 32]( - [Connecticut House of Representatives District 115]( What’s On Tap Next Week Saturday, February 11 Two Weeks Away from the Delaware Senate Special Election - Partisan control of the [Delaware State Senate]( will be decided in two weeks—February 25—in one of the most closely watched [special state legislative elections]( of the year thus far. The chamber became split 10-10 in early January 2017 after Democrat [Bethany Hall-Long]( vacated the [District 10]( seat to be sworn in as [lieutenant governor of Delaware](. Vying to replace her are Democrat [Stephanie Hansen](, Republican [John Marino](, and Libertarian [Joseph Lanzendorfer](. If Marino wins the election, Republicans will control the chamber for the first time in more than 40 years and break the state’s [Democratic trifecta]( that has been in place since 2009. The race has also drawn attention as one of the first electoral contests to take place since [Donald Trump]( (R) was sworn in as president of the United States. Political analysts and observers in the media have speculated that the District 10 race could serve as a preview of how Trump's presidency could affect down-ballot races throughout his first term. In the [2016 presidential election](, District 10 voters backed Democrat [Hillary Clinton]( over Trump 54 to 41 percent. The last time the seat itself was up for election, however—in 2014—Democrats carried it by just 267 votes. The Republican candidate in the 2017 special election, John Marino, was also the Republican candidate for the seat in 2014. - See also: [Delaware state legislative special elections, 2017]( Monday, February 13 Louisiana Special Session Will Begin - The [Louisiana State Legislature]( will [convene]( a special session to address a $304 million shortfall in the state’s current budget. The session was called by Gov. [John Bel Edwards]( (D) and is set to conclude on February 22. According to the rules of the session, because the call did not allow legislators to act on taxes during the session, tax increases to make up for the shortfall cannot be considered. Louisiana is currently one of 19 states with a [divided government](. Tuesday, February 14 Minnesota Special Election - A [special election]( will take place in Minnesota between [Laurie Warner]( (D) and[Anne Neu]( (R) to fill the [District 32B]( seat in the [Minnesota House of Representatives](. The seat became vacant after the general election on November 8, 2016. A special election was called after the[Minnesota Supreme Court]( found that incumbent[Bob Barrett]( (R) did not live in House District 32B. He stayed on the general election ballot, but the results were not certified. Republicans currently hold a 20-person majority in the chamber. Minnesota is currently one of 19 states with a [divided government](. VERBATIM FACT CHECK [Does Utah have a homelessness crisis?]( During the January 23 opening session of the Utah House of Representatives, Speaker Greg Hughes said, “This state has a homelessness crisis amongst us.” But according to estimates from the Department of Housing and Urban Development, Utah saw reductions in both its total homeless population (6.8 percent) and those defined as “chronically homeless” (72 percent), between 2007 and 2016. During that same period, the population of the state grew by 13 percent. [Local politics]( The Week in Review 2017 elections - In 2017, Ballotpedia is covering [municipal elections]( across 50 of America's 100 [largest cities]( by population and several of the [largest counties]( by population, [local judicial elections]( across all six states holding elections for general and limited jurisdiction courts, [school board elections]( across 464 of the 1,000 largest school districts by student enrollment, all [local recalls](, all [local ballot measures]( in California, and notable local ballot measures across the United States. - So far this year, Ballotpedia has covered one county governing board election and one school board election. Ballotpedia will cover approximately 100 local ballot measures in California. - One local ballot measure election occurred in California on January 10, when [a fire district parcel tax]( was approved. The next local ballot measure elections in California are on [February 28](—when [a property owner-only election]( will take place in Santa Barbara County—and [March 7](—when local voters will decide 19 measures. Los Angeles city voters will decide four measures, including [Measure S](, a controversial development-related initiative. Monday, February 6 Baltimore City Council Shows Support for $15 Minimum Wage - A majority of the [Baltimore City Council](, including President Bernard “Jack” Young, [expressed]( its support to gradually increase the city’s minimum wage to $15 per hour by 2022. Under the proposed legislation, adults over the age of 21 and employed by large companies would receive incremental raises following the city’s minimum wage schedule over the next year and a half. Baltimore is already in the process of raising its wage to $10.10 by 2018. Incremental pay increases would follow through 2022 alongside cost-of-living increases. Small businesses with fewer than 50 employees would have until 2026 to reach the $15 minimum wage and would be required to increase the hourly wage by 60 cents over the next decade. Similar legislation was defeated in 2016, with Young in vocal opposition to the proposal. Young said his support for the new proposal stems from the allowances made for small businesses and that it does not require companies to pay young workers or those earning tips a higher wage. Additionally five of the eight new members elected to the council in November 2016 support the proposal. Mayor [Catherine Pugh]( (D) did not offer her position on the legislation but asked the council to evaluate the potential effects it could have on job opportunities in the metro area. Supporters will need a simple majority of eight votes to pass, but 12 votes would be needed to override a mayoral veto. A public hearing will be held on the proposal on March 1, 2017, to allow business leaders and community members the opportunity to voice opposition or support for the legislation. Baltimore is the largest city in Maryland and the [26th-largest city]( in the U.S. by population. - Several other cities have implemented a minimum wage increase in the last year. - [Los Angeles](, [San Francisco](, [Seattle](, and [Washington, D.C.](, have all begun the implementation of a $15 minimum wage. - Two more cities—[Miami Beach]( and [San Diego](—approved smaller minimum wage hikes in June 2016. The Miami Beach City Commission voted in favor of [increasing]( the minimum wage to $10.31 in 2018, with additional increases over time until it reaches $13.31 in 2021. San Diego voters approved [Proposition I]( by more than 63 percent of the vote, which will increase the city’s minimum wage to $11.50 in January 2017. San Diego is the second-largest city in California and the [eighth-largest city]( in the U.S. by population. Tuesday, February 7 Washington, D.C., City Council Rejects Proposal by Former Mayor - The [Washington, D.C., City Council]( voted 4-2 to reject a [proposal]( designed to retain city police officers eligible for retirement. Former D.C. Mayor [Vincent Gray]( (D) (2011-2015)—now the Ward 7 representative—penned the emergency proposal, which would have doubled police officer salaries as an incentive against retirement and officer turnover. Gray argued that the police officer shortage in the city is so dire that it can only be addressed via emergency legislation, bypassing public hearings. Dissenting council members said more should be done to retain city police officers but that it should be done through the normal legislative process. Supporters expressed a desire to explore Gray’s proposal as part of a comprehensive strategy to bolster the D.C. Police Department. Washington, D.C., is the [23rd-largest city]( in the U.S. by population. New Mexico Holds Elections for School Boards, Community College Board - In New Mexico, nine school districts held [general elections]( for 25 school board seats. Of the incumbents that ran for re-election, 80 percent were elected to additional terms. This is a higher than the incumbency success rate in 2015, when 64 percent of incumbents seeking re-election secured an additional term. Newcomers also took a slightly higher percentage of seats on the ballot, winning 52 percent of seats compared to the 50 percent they won in 2015. The seats won by newcomers were almost all left open when an incumbent chose not to run for re-election, though three newcomers defeated incumbents to win a seat. The largest of the districts holding elections was [Albuquerque Public Schools](, which served 93,001 students during the 2014-2015 school year—approximately 27 percent of all public school students in the state. The smallest district that held elections was [Hobbs Municipal Schools](, which served 9,950 students during the 2014-2015 school year—approximately three percent of all public school students in the state. - In [Bernalillo County](, New Mexico, [general elections]( were held for five of seven seats on the Central New Mexico Community College Governing Board. The incumbents in Districts 1, 3, and 5 were re-elected, while the District 4 incumbent was unseated by a challenger. In District 7, the incumbent chose not to seek another term, guaranteeing that a newcomer was elected to the board. Mayors Survive Two Recall Elections in Colorado - Two recall elections were held in [Colorado](: - [Crawford](: An election to [recall]( Mayor Wanda Gofforth was defeated by 55.6 percent of voters. The recall effort was initiated in 2016, with recall organizers citing the following reasons for seeking Gofforth’s removal: exceeding the city’s budget for legal fees by hiring Brown & Camp, LLC without council approval, failure to conduct town meetings within boundaries of state open meeting requirements, and exceeding mayoral authority. On December 6, 2016, Crawford Town Clerk Cally Gallegos announced that the recall petition against Gofforth was sufficient to require a special election. The election was held via mail-in ballot. - [Federal Heights](: Mayor Daniel Dick survived a [recall election](. The recall was defeated by 61.9 percent of voters. The recall also targeted city Councilman John Hamlin, but Hamlin resigned on February 5 and votes in his recall were not tallied. The recall effort was initiated in 2016 by a committee called Renters Have Rights Too over concerns about the city’s rental inspection program, which was supported by Dick and Hamlin in 2013. Recall organizers had to submit at least 295 valid signatures for Dick's recall and 84 valid signatures for Hamlin's recall. These totals equaled 25 percent of the votes for each candidate in the November 2015 municipal election. The city clerk confirmed 300 signatures for the Dick recall and 102 signatures for the Hamlin recall. The election was held via mail-in ballot. Wednesday, February 8 Portland Public Schools out of Step with State Standards - After conducting an [annual]( compliance self-assessment, [Portland Public Schools]( will announce that it is out of compliance with Oregon state standards in the areas of curriculum and talented and gifted (TAG) accommodations. Chris Russo, the district’s assistant superintendent for teaching and learning, said that PPS is designing a new spectrum of TAG services that will include in-school supports and the TAG Scholars program. According to Russo, the district is out of compliance because its plans for services have changed but have not yet been implemented. The new TAG program will cost the district an additional $1 to $5 million—funding that must be approved by the school board. Three of the seven school board seats will be up for [general election]( on May 16, 2017. If PPS does not complete its plan and regain compliance by September 2017, it could lose state funding. Parents on PPS’ Talented and Gifted Advisory Council have advocated for change in the district’s TAG program since 1997. Additionally, a complaint was filed against the district in 2017 and has now become a federal civil rights lawsuit. The suit alleges that a student was denied entry to the PPS ACCESS Academy school for the highly gifted due to a disability. Russo said the district’s noncompliance announcement was not precipitated by the complaints or lawsuit. Portland Public Schools served 47,806 students during the 2014-2015 school year—approximately eight percent of all public school students in the state. Increased K-12 Funding Proposed in Wisconsin - Gov. [Scott Walker]( (R) announced his $76.1 billion two-year budget [proposal](. If the budget is accepted, total state spending would increase by nearly $2 billion (4.2 percent) over the previous year’s budget, but taxes and fees would be reduced by up to $600 million. The proposed budget includes over half a billion dollars in increased funding for K-12 schools, with more funding for rural school districts that have seen declining enrollments. The proposal also includes an August tax holiday on school supplies, clothing, and computers. Part of the increased K-12 funding relies on self-insured workers saving the state over $60 million through the next two years. If those savings don’t materialize, Walker said he may have to pull back on the total K-12 funding. Previously, Walker proposed cutting funds for K-12 schools. Since 2011, Republicans in Wisconsin have maintained a governing trifecta. When one party controls the three vital centers of state political power—the office of the governor, the state House, and the state Senate —Ballotpedia considers that party to have a trifecta. Trifectas make it easier for the dominant party to pursue its agenda and more difficult for opposing parties to challenge it. Thursday, February 9 Ethics Complaints Made Against Mayor, Council Members - In [Riverside, California](, a resident has accused Mayor [Rusty Bailey]( and four city council members of violating [ethics]( laws. The basis of the accusation dates back to 2014, when the former city manager filed complaints against two councilmen alleging that they created a hostile work