Virginia governor signs executive order to develop climate change regulations

Also in the Tap, Los Angeles voters approved Measure C, which allows police officers accused of or found guilty of misconduct to choose between appear [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: May 13 - May 19What's on tap next week: May 20 - May 26 Highlights State - On Tuesday, May 16, Virginia Gov. [Terry McAuliffe]( McAuliffe) (D) [signed an executive order]( directing officials at the Virginia Department of Environmental Quality to develop regulations to reduce [carbon dioxide]( (CO2) emissions from power plants in the state. Under the order, state regulators must submit a report by December 31, 2017, outlining potential regulations limiting CO2 emissions in the electric power sector to respond to human-caused [climate change]( change). The order comes after President [Donald Trump]( Trump) (R) signed an executive order in March 2017 directing the [U.S. Environmental Protection Agency]( Protection Agency) to repeal the [Clean Power Plan]( Power Plan), the [Obama]( Obama) administration's 2015 climate change plan to reduce CO2 emissions from [coal]( [oil]( and [natural gas]( gas)-fired power plants. McAuliffe said in a [statement]( "As the federal government abdicates its role on this important issue, it is critical for states to fill the void." Virginia is one of 19 states under [divided government](. - In addition to McAuliffe, New York Gov. [Andrew Cuomo]( Cuomo) announced on May 17 that the state would implement [a plan]( to reduce [methane]( emissions from [oil]( and [gas]( gas) operations, landfills, farms, and residential areas. In an announcement of the plan, [Cuomo stated]( that "the federal government has taken steps to abandon three major efforts to address methane pollution." - Due to a May 12 ruling by [Virginia Attorney General]( [Mark Herring]( (D), the Virginia Air Pollution Control Board has the power to regulate carbon emissions. Governor McAuliffe's decision to enact these regulations through the Board complicates the process of reversing the policy should a Republican [win the governor's seat in November](. Opponents of the proposal have argued that Attorney General Herring’s ruling is flawed under current state law, and that state carbon emissions regulations would require the passage of a bill in the [Virginia General Assembly]( either directly regulating carbon emissions or granting the Governor and Air Pollution Control Board authority to do so. Local - On Tuesday, May 16, Los Angeles voters approved [Measure C]( which allows police officers accused of or found guilty of misconduct to choose between appearing before a disciplinary board of three civilians or a board comprised of two command-level police officers and one civilian—the board make-up currently used for all cases. With 92,874 ballots (57.14 percent) cast in favor of the measure and 69,647 (42.85 percent) ballots cast in opposition, Measure C passed. This measure was put on the ballot by a unanimous vote of the city council and was supported by Mayor [Eric Garcetti]( (D) and the Los Angeles Police Protective League, which is a union representing city police officers. Supporters argued the measure will provide more citizen oversight of police misconduct. The [American Civil Liberties Union]( (ACLU), city branch of the [Black Lives Matter]( movement, and the Los Angeles Community Action Network opposed Measure C, arguing that it was a measure aimed at lessening police discipline since civilian members of disciplinary boards are historically more lenient than officers. Opponents also said the measure should have been placed on the ballot during an election where more city voters would participate rather than the May election where a lower turnout was expected. State Politics: The Week in Review Ballot Measures Update 2017: - So far, [eight statewide measures]( are certified to appear on the ballot in 2017 in [Maine]( [New York]( [New Jersey]( [Ohio]( [Texas]( and [West Virginia]( [citizen initiated]( measure, six [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. 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, independence/free association, or the status quo—a commonwealth or territory. 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. - [One new measure]( was certified for the 2017 ballot last week. - The next [signature filing deadline]( for citizen initiatives in 2017 is in [Ohio]( on July 5. - By [this time in 2013]( four measures had been certified for the [2013 ballot]( by [this time in 2015]( six measures had been certified for the [2015 ballot](. 2018: - [Twenty-three (23) measures]( are certified to appear on statewide ballots in [2018]( so far—five [citizen initiated]( measures, 17 [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. - [No new measures]( were certified for 2018 ballots last week. - By [this time in 2013]( 28 measures had been certified for the [2014 ballot]( by [this time in 2015]( 24 measures had been certified for the [2016 ballot](. --------------------------------------------------------------- Monday, May 15 Supreme Court Lets Stand Lower Court Ruling Striking Down North Carolina's Voter ID Law - The [Supreme Court of the United States]( declined to hear an appeal in the case North Carolina v. North Carolina State Conference of the NAACP, leaving in place a lower court ruling that struck down [North Carolina's photo ID requirement for voters](. The bill establishing the photo ID requirement was signed into law in August 2013, making North Carolina the first state to approve a voter identification law after the Supreme Court [struck down]( portions of the federal [Voting Rights Act]( in June 2013. On July 29, 2016, the [United States Court of Appeals for the Fourth Circuit]( struck down the requirement, finding that the state legislature had enacted the requirement with racially discriminatory intent, a violation of the Voting Rights Act. According to the [North Carolina State Board of Elections]( as a result of the Fourth Circuit ruling, only first-time voters who failed to provide driver's license or Social Security numbers at the time of registration are required to present identification at the polls (this identification does not have to include a photo). - As of May 2017, 32 states enforced [voter identification requirements](. - Of these, 15 states required voters to present photo identification (e.g., driver's licenses, military IDs, etc.). The remaining 17 accepted other forms of identification (e.g., utility statements,  bank statements, etc.). - North Carolina is one of 19 states under [divided government](. Minnesota Governor Vetoes Budget Bills With One Week Left In Legislative Session - Gov. [Mark Dayton]( (D) [vetoed]( a series of 10 budget bills passed by the Republican-controlled [Minnesota Legislature](. Dayton had already vetoed eight of the 10 budget bills. He vetoed the final two on Monday evening. Dayton cited as his reasoning for the vetoes a series of [policy proposals]( that legislators added to the budget bills. The proposals include [preemption]( laws prohibiting cities from passing minimum wage ordinances, changes to procedures for laying off teachers, eliminating the state’s health insurance exchange, and increased penalties for demonstrators who block interstate freeways. On Tuesday, [The Star Tribune]( reported that Dayton had agreed to reduce spending in his original $46 billion two-year budget proposal, while Republican legislators agreed to reduce proposed tax cuts. Minnesota’s legislative session is scheduled to end on May 22. It began on January 3. The current fiscal year ends on July 1, 2017. - Minnesota is one of 19 states under [divided government](. Democrats control the governorship, while Republicans have a 77-57 majority in the [House]( and a 34-33 majority in the [Senate](. Democrats had a 38-28 majority in the Senate prior to the [2016 elections]( and the state was a Democratic trifecta from [2013-2014](.  - Veto [overrides]( in Minnesota require a two-thirds majority in each chamber of the Legislature. Initiative Calling For Overturn Of Citizens United Cleared For Circulation In Wyoming - The [Wyoming secretary of state]( cleared petitioners to begin collecting signatures for [an initiative]( that would request [Congress]( to propose and send for ratification an amendment to the [U.S. Constitution]( to (a) declare "that the right of political speech is a right enjoyed only by natural persons;" and (b) state that "Congress and state legislatures may regulate all moneys raised and spent for political purposes, whether from artificial persons or natural persons, including by prohibiting artificial persons from political spending." Such an amendment would be designed to overturn [Citizens United v. Federal Election Commission](. The initiative would also require the secretary of state to annually report on the progress of the proposed amendment. The group behind the initiative—Wyoming Promise—[needs]( to collect 38,818 valid signatures by February 9, 2018, to put the initiative before voters in [November 2018](. Moreover, signatures equal to 15 percent of voters in the preceding general election are required from [two-thirds of Wyoming’s 23 counties]( according to the state’s [distribution requirement](. If proponents submit enough signatures after February 9, 2018, but before November 15, 2018, the initiative would appear on the ballot in 2020. - An initiative was filed in Missouri for the 2018 election that would declare that rights found in the [Missouri Constitution]( do not apply to artificial entities and that the privileges of artificial entities are determined through state and local law. - Ballot measures concerning states requesting a federal constitutional amendment to overturn the Citizens United ruling were approved in [California]( and [Washington]( in 2016 and in [Colorado]( and [Montana]( in 2012. California’s measure was an advisory question put on the ballot by the legislature. The other three were citizen initiatives. --------------------------------------------------------------- Tuesday, May 16 Special runoff election held for Georgia State Senate District 32 - A [special runoff election]( was held to fill [Georgia State Senate]( [District 32](. Republican [Kay Kirkpatrick]( defeated Democrat [Christine Triebsch]( with 57 percent of the vote, according to unofficial results. The seat became vacant following the resignation of incumbent [Judson Hill]( (R), who ran unsuccessfully for [Georgia's 6th Congressional District]( following Congressman [Tom Price]( (R) appointment as the [U.S. Secretary of Health and Human Services](. There was an eight-candidate special election on April 18 where Triebsch won the plurality of the vote, but the five Republicans won 60.2 percent of the overall vote. Republicans have held the District 32 seat since 1995. After Kirkpatrick is sworn in, Republicans will hold a 38-18 advantage in the Georgia State Senate. Georgia is one of 25 Republican [state government trifectas](. Biden endorses New Jersey Democratic gubernatorial candidate - It was [reported]( that former Vice President [Joe Biden]( (D) plans to campaign with [Phil Murphy]( (D) who is running for governor of New Jersey. Murphy is a former U.S. ambassador to Germany. Biden will appear with Murphy at two events on May 28. Murphy will face six Democratic opponents in the June 6 primary election. Incumbent Gov. [Chris Christie]( (R) is term-limited. The general election will take place on November 7. - Recent polls show Democratic frontrunner [Phil Murphy]( with a lead of more than 20% over Republican frontrunner [Kim Guadagno]( while New Jersey [went to Hillary Clinton in 2016 with more than 55 percent of the electorate](     - New Jersey is one of 19 states under [divided government](. Republicans control the governorship, while Democrats have a 52-28 majority in the [Assembly]( and a 24-16 majority in the [Senate](. Both chambers of the legislature are holding elections in 2017. All 40 seats are up for election in the [Senate]( and all 80 seats are up for election in the [Assembly](. Fourth South Carolina Lawmaker Indicted In House Corruption Probe - South Carolina Rep. [Rick Quinn]( (R) was [indicted]( on two counts of misconduct while in office. One charge alleges that Quinn has received a total of $4.5 million from lobbying and trade groups and failed to report them appropriately. He then allegedly advocated for policy proposals involving these same groups. The first charge involves a maximum 10-year prison sentence, while the second involves a maximum one-year sentence along with fines of up to $10,000. Quinn was indicted by the State Grand Jury on recommendations by special prosecutor David Pascoe, who is currently leading a probe into potential instances of public corruption in the [South Carolina General Assembly](. Quinn has called the probe a witch hunt and has implied that the investigation has been partisan in nature. “There are accusations in this indictment that should be equally applied to the Democratic Caucus if [Pascoe] really believes they are illegal. ... For some reason, he doesn’t want to ask questions of the Democrats,” [said]( Quinn. [House Speaker]( [Jay Lucas]( suspended Quinn until the chargers are resolved. - Quinn is the [fourth]( South Carolina lawmaker indicted in the probe led by Pascoe. The other three are Sen. [John Courson]( (R), Rep. [Jim Merrill]( (R), and former Rep. [Bobby Harrell]( (R), who served as [speaker of the House]( from 2005 to 2014. Quinn served in the [South Carolina House]( from 1998 to 2004 and returned to the chamber in 2010. He was majority leader from 1999 to 2004. - South Carolina is one of 25 Republican [state government trifectas](.    Salmon Habitat Protection Standards and Permits Initiative Filed In Alaska Targeting The 2018 Ballot - [An initiative]( petition application was submitted to the Alaska elections division. The initiative would require a special permit to alter streams, rivers, wetlands, or other habitats used by salmon, steelhead, and other anadromous fish for spawning. The permit to use, change, or pollute such habitats would only be issued by the Alaska Department of Fish and Game [if certain specific conditions]( were met. Anadromous fish are fish that spawn in freshwater but spend most of their adult lives in salt water, returning to freshwater to spawn. [The initiative’s sponsors]( said the initiative would prevent some projects such as dams, pebble mines, and coal mines that would damage the rivers and streams used by salmon to spawn. Provided the initiative petition is approved for circulation, the initiative’s proponents [need to collect]( at least 32,127 valid signatures prior to the start of the legislative session in January 2018. In Alaska, the initiative process is [indirect](. This means that, if they succeed, the initiative would go before the legislature, which would be able to either approve the proposal or send it before voters in [November 2018](. - Zero statewide measures are certified for the Alaska 2018 ballot so far. - Between 1996 and 2016, an average of five measures appeared on the ballot in Alaska during even-numbered election years. Virginia Democratic Candidates For Governor Spar In Debate - Virginia Democratic gubernatorial candidates [Tom Perriello]( and [Ralph Northam]( sparred in [a debate]( in Norfolk. The two candidates debated taxes, policy for dealing with opioid addiction in the state, funding for pre-K education, alternative energy resources, and their political backgrounds and experience. In the Democratic primary, Northam has received endorsements from several Virginia Democratic politicians, including Gov. [Terry McAuliffe]( (who is term-limited), U.S. Senators [Mark Warner]( and [Tim Kaine]( and every Democratic legislator in the state. Perriello, on the other hand, has received endorsements from national Democrats such as Sen. [Bernie Sanders]( (I) and Sen. [Elizabeth Warren]( (D) in addition to  former Obama campaign manager David Plouffe and former Hillary Clinton campaign chair [John Podesta](. Ballotpedia has broken down some of the key issues and policy differences between the candidates in the Virginia Democratic primary. [Read more here](. - Primary elections for [Governor of Virginia]( and the [House of Delegates]( will take place on June 13—now less than one month away. Incumbent Virginia Governor [Terry McAuliffe]( (D) is term-limited. Two Democratic candidates and three Republican candidates filed for the seat. The race is considered a [toss-up]( five outlets tracked by Ballotpedia. - In the House, all 100 seats are up for election in 2017. Republicans currently hold a 66-34 majority in the chamber. Democrats would need to flip 17 districts in order to take control of the chamber. In the [2016 presidential election]( Democrat [Hillary Clinton]( defeated Republican [Donald Trump]( in 51 out of 100 Virginia House districts. Clinton won the state as a whole 49.7 percent to 44.4 percent. The House of Delegates primary election on June 13 will feature 26 contested primaries: 20 Democratic races and six Republican races. This is an increase from 2015 and 2013. In [2015]( there was a total of 10 contested primaries: six Democratic races and four Republican races. In [2013]( there was a total of 12 contested primaries: three Democratic races and nine Republican races. - Virginia is one of 19 states under [divided government](. Republicans control both chambers of the [legislature](. --------------------------------------------------------------- Wednesday, May 17 Nebraska Legislature Fails To Override Gov. Ricketts Budgetary Vetoes - [Nebraska legislators]( [failed]( to override budgetary vetoes from Gov. [Pete Ricketts]( (R). On Monday, Ricketts line-item vetoed $56.5 million in spending in the state’s two-year [$8.9 billion]( budget plan. The vetoes focused on funding for the University of Nebraska and state programs that provide assistance to Medicaid recipients and individuals with developmental disabilities. Ricketts cited a decline in state revenues as his reasoning for the vetoes and stated, “When Nebraska families see their income go down, they tighten their belts and they're expecting us to do the same thing.” On [Wednesday]( lawmakers in Nebraska’s unicameral legislature sought to restore $32.4 million of the $56.5 million that Ricketts vetoed but fell [three votes]( short of the 30 votes needed for a veto override. Nebraska is one of 25 Republican [state government trifectas](. The state’s legislative session is scheduled to end on May 23.  Amendment To Require Warrants To Access Electronic Data Moves Closer to Michigan 2018 Ballot - The [Michigan state House]( voted 107-0 in favor of a constitutional amendment that would require the government to obtain a search warrant to access a person's electronic data and electronic communications. Approval in the [state Senate]( by the [two-thirds supermajority required]( amounts to 26 votes in favor—would send this amendment to the voters in [November 2018](.  In [Riley v. California]( (2014), the [U.S. Supreme Court]( ruled that a warrant is necessary to search a suspect's cellphone during an arrest. According to the Michigan House Fiscal Agency, this amendment was proposed to cover data on other types of electronics not addressed in Riley v. California. Michigan is one of [16 states]( that require a two-thirds supermajority vote in both chambers to [refer constitutional amendments]( to the ballot. Michigan is one of 25 Republican [state government trifectas](. - Zero statewide measures are certified for the [Michigan 2018]( ballot so far. - Since 1996 an average of four measures have [appeared on the ballot]( in even-numbered years. New York governor announces methane reduction plan - New York Gov. [Andrew Cuomo]( Cuomo) announced that the state would implement [a plan]( to reduce [methane]( emissions from [oil]( and [natural gas]( gas) operations, landfills, farms, and residential areas. In his announcement of the plan, [Cuomo stated]( that "the federal government has taken steps to abandon three major efforts to address methane pollution." These steps refer to actions taken by the [U.S. Environmental Protection Agency]( Protection Agency) (EPA) under the [Trump]( administration. They include the EPA's decision not to require existing oil and gas operators to report methane emissions; the EPA's announcement that it would review and repeal 2016 methane emission standards for new oil and gas operations; and the [U.S. Department of the Interior's]( decision to review and repeal methane emission standards for oil and gas operations on [federal land]( land). - Cuomo's methane plan is part of New York's overall policy to reduce [carbon dioxide]( and similar emissions in the state by 40 percent from 1990 levels by the year 2030 and by 80 percent by the year 2050. Under the methane plan, state environmental and energy agencies are required to monitor and increase methane emission reductions. Federal Grand Jury Indicts Texas Senator - Texas Sen. [Carlos Uresti]( (D) was indicted by a federal grand jury. Uresti is charged with counts of wire and securities fraud, working as an unregistered broker, and conspiracy to commit money laundering. Each charge carries a maximum sentence of up to 20 years in prison, according to [The Dallas News](. The charges relate to Uresti’s involvement with an oil company—which has since gone bankrupt—called Four Winds LLC. The company has been accused of defrauding investors. Uresti has stated that he intends to enter a plea of not guilty, adding, “The charges against me are groundless and I look forward to proving my innocence in a court of law at the appropriate time.” Texas is one of 25 Republican [state government trifectas](. Republicans have a 20-11 majority in the [Senate](. Uresti was first elected to the chamber in 2006. --------------------------------------------------------------- Thursday, May 18 Marijuana and Prevailing Wage Initiatives Cleared for Circulation In Michigan - The Michigan Board of State Canvassers approved two initiative statutes for circulation, which means proponents can begin collecting the 252,523 valid signature [required]( within the 180 day window allowed. [One initiative]( would legalize recreational marijuana. [The second initiative]( would repeal Michigan’s prevailing wage requirement for state-funded construction projects. If petitioners successfully collect the required number of signatures, the proposals go before [the state legislature]( according to Michigan’s [indirect process]( for [citizen-initiated state statutes](. If the legislature does not adopt the initiatives within 40 days of receiving them, they would go before voters in [November 2018](. Michigan is one of 25 Republican [state government trifectas](. - [The marijuana legalization initiative]( would allow adults 21 and older to possess, use, transport, or process 2.5 ounces or less of marijuana or 15 grams of marijuana concentrate. Individuals would be allowed to grow up to 12 marijuana plants in their residences for personal use. The initiative would authorize a sales tax of up to 10 percent and would allow cities to ban or restrict marijuana businesses within their boundaries. - [Legislators’ reaction]( to the [2016 efforts]( for marijuana legalization indicate the legislature would choose to put the marijuana-related initiative before voters rather than adopting it themselves. While the backers of the marijuana legalization initiative may not have the support of the legislature, the group did achieve unity among supporting advocacy groups including the [Marijuana Policy Project,]( MI Legalize, the Michigan Cannabis Coalition, [Michigan NORML]( the National Patients Rights Association, [American Civil Liberties Union]( and the Marijuana Law Section of the State Bar of Michigan. Unity which was not present in [2016]( when [multiple separate marijuana legalization]( initiative petition efforts were pursued and none made the ballot. - [The second initiative]( was designed to repeal Michigan’s 1965 law requiring contractors to provide workers with s for any construction project with state funding. - The group behind the initiative to repeal prevailing wage, however, said it was expecting approval by the legislature, thereby precluding the need to go to the ballot and avoiding the Gov. Rick Snyder’s (R) threatened veto. Jeff Wiggins, president of the group—Protecting Michigan Taxpayers—[said]( “We're going to get it before [the legislature.] We're very confident we have the votes there."  State law does not allow the governor to veto a citizen initiative. - In 2015, the state legislature considered [a package of bills]( that would repeal prevailing wage, which was supported by [Senate Majority Leader Arlan Meekhof]( (R-30) and was [approved in the state Senate]( with 22 out of 27 Republicans in favor and all 10 Democrats opposed (with one excused). Snyder opposed the repeal proposal, however, and stated that he would veto the bills if they were approved by the legislature. Republicans currently control 27 of 38 seats in the Senate and 63 of 110 seats in the House. Thus, Republicans have majority control, but not enough of a majority in the House to override a gubernatorial veto—which requires a two-thirds majority in both chambers. The group behind the 2018 initiative—Protecting Michigan Taxpayers—also worked on a similar [failed 2016 initiative](. - The board of canvassers was also set to consider a petition for a initiative constitutional amendment designed to make the legislature part-time and reduce the salaries of legislators. The group behind the initiative—Clean MI Committee—withdrew the petition saying a technical correction was needed. The group said it would resubmit the initiative. [A similar initiative]( failed to make the ballot in 2014. Alaska Begins Special Legislative Session - Alaska’s legislative session was scheduled to come to an end on May 17, but Gov. [Bill Walker]( (I) [called]( for a special session to begin on Thursday. The session began on January 17, 2017. [Budget]( negotiations are still ongoing in the [Legislature]( as both chambers debate solutions to reducing a [$2.5 billion]( deficit. Alaska is one of 19 states under [divided government](. Gov. [Bill Walker]( is an independent. Republicans have a 14-6 majority in the [Senate]( while a [coalition]( of 17 Democrats, three Republicans, and two independents control the [House](.  - See also: [Minority and coalition control of state legislative chambers]( --------------------------------------------------------------- Friday, May 19 Alabama Legislature Approves New Legislative Maps With Party Line Votes - The [Alabama Legislature]( approved new legislative maps, voting along party lines [71-32]( in the [House]( and [21-8]( in the [Senate](. The need for new maps stemmed from a federal court decision made earlier this year. In January 2017, a three-judge panel of the [United States District Court for the Middle District of Alabama]( ruled that 12 districts—three in the Senate and nine in the House—had been subject to an unconstitutional racial gerrymander in the [2010-2012 redistricting process](. The court ordered the Legislature to redraw the districts ahead of the [2018 elections](. The Legislature began pushing towards a vote on Wednesday. Democrats opposed the plan, arguing that it negatively impacts the influence of Black voters throughout the state and that the new maps will likely end up back in a federal court. Republicans have stated that the plan addresses the concerns voinced by the three-judge panel in January. On Wednesday and Thursday, Democrats used parliamentary rules—such as [requesting]( the bill to be read aloud in its entirety—to delay a vote on the proposal.    - [Proposals]( to redraw district lines in the state will impact a total of 25 districts in the Senate and 70 in the House. - Alabama is one of 25 Republican [state government trifectas](. Republicans have a 26-8 majority in the [Senate]( and a 72-33 majority in the [House](. - A total of 43 states are required to draw new congressional district lines every 10 years following completion of the United States Census (the remaining seven states contain only one congressional district each). State legislatures are primarily responsible for redistricting in 37 states. In four of these states, advisory commissions are involved in the process; in two, backup commissions or procedures are required to draw the lines if state legislatures are unable to adopt plans. In four states, independent commissions draw congressional district lines. In two states, commissions made up of politicians draw the lines. - See also: [State-by-state redistricting procedures]( and [Redistricting in Alabama]( Kansas Legislative Session Continues Amid Negotiations Over Revenue Shortfall - Kansas’ 90-day legislative session was projected to end but will now extend into the coming weeks. The legislative session began on January 9. Lawmakers have been