On Tap this week we've got summaries of how local governments have responded to Hurricane Irma, details of the Fifth Circuit ruling on Texas' voter ID
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Good morning! We hope this email finds you safely as our thoughts are with our family, friends, and coworkers in Florida, Texas, and up the East Coast. We've got a summary of this week's political news ready for you. Click the button below to read the extended edition. As always, reply to this email and let us know how we're doing.
[Jump into this week's state and local news](
Florida cities prepare for powerful Hurricane Irma
- Officials in several cities in Florida made preparations for the effects of Hurricane Irma, which ravaged islands in the Caribbean, including Barbados, Antigua, Puerto Rico, and the Virgin Islands, as a powerful Category 5 storm. Schools and government offices closed in advance of the storm, and major sporting events were postponed or rescheduled with Irmaâs expected arrival this weekend. Miami Mayor Carlos Gimenez [advised]( residents living in coastal areas of the city to leave those areas early in the week, and evacuation orders were [issued]( for about 650,000 residents of Miami-Dade County on Thursday. In Tampa, Mayor Bob Buckhorn [declared]( a state of emergency and suggested that people living in areas that are prone to flooding should consider evacuating far in advance of the storm. In the northern part of the state, Jacksonville Mayor Lenny Curry [issued]( a mandatory evacuation order for city residents in low-lying and coastal areas on Friday, even though Irma is not expected to approach the area until later on Sunday. And travel websites [reported]( that hotel rooms are in short supply as far north as Atlanta as residents of Florida and coastal Georgia made plans to temporarily relocate inland from the storm. Jacksonville, Miami, and Tampa are the three-largest cities in Florida, and the [13th-, 44th-, and 53rd-largest cities]( respectively, in the U.S. by population.
Fifth Circuit stays ruling against Texas' voter ID law, allowing state to enforce voter ID requirements in Nov. 2017 elections
- A panel of the United States Court of Appeals for the Fifth Circuit voted 2-1 to stay an earlier ruling by a federal judge that barred Texas from enforcing its revised [voter ID law]( SB 5, in elections taking place in November 2017. Judges [Jerry Smith]( and Jennifer Elrod formed the panel's majority and wrote the following in the Fifth Circuit's order: "The State has made a strong showing that it is likely to succeed on the merits. SB 5 allows voters without qualifying photo ID to cast regular ballots by executing a declaration that they face a reasonable impediment to obtaining qualifying photo ID. This declaration is made under the penalty of perjury. As the State explains, each of the 27 voters identifiedâwhose testimony the plaintiffs used to support their discriminatory-effect chainâcan vote without impediment under SB 5." Likelihood of success on the merits is a factor considered by judges when determining whether to stay a court order: if the party requesting a temporary stay is able to demonstrate that it will likely win the case, a judge is more likely to grant the request. Judge [James Gray]( dissented, arguing that it was not clear that the state was likely to succeed on the merits and that, therefore, the request for a stay should have been denied. Further consideration of the case is pending in the Fifth Circuit.
- Texas' voter ID law has been the subject of ongoing litigation. To learn more, see [this article](.
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Dallas and Memphis votes to remove Confederate statues
- The Dallas City Council [approved]( a resolution by a 13-1 vote authorizing the removal of a statue of Robert E. Lee from a city park also named after the Confederate general. Within hours of that decision, federal judge Sydney Fitzwater issued a temporary restraining order halting the removal, in response to a lawsuit filed by a member of the Texas division of the Sons of Confederate Veterans. On Thursday, Judge Fitzwater[rescinded]( that restraining order after deciding that the lawsuit opposing the statute removal was not likely to be successful after a preliminary hearing. City officials have yet to announce when the Robert E. Lee statute will be taken down or devise a comprehensive plan addressing what to do about the multiple Confederate monuments in the city. On September 5, the Memphis City Council [cast]( an initial unanimous vote in favor of a city ordinance calling for the removal of Confederate statues in two city parks. It is expected that the bill will be formally approved in October. However, Tennessee state law places final jurisdiction over these items with the Tennessee Historical Commission, which overruled a similar city ordinance calling for the removal of the statues in 2015. This year, members of the city council have [expressed]( a desire to remove the statues regardless of the decision of the state historical commission, and challenging that body in court, if necessary. Dallas is the second-largest city in Texas, and the [ninth-largest city]( in the U.S. by population, while Memphis is the largest city in Tennessee, and the [20th-largest city]( in the U.S. by population.
Massachusetts AG approves 21 initiatives targeting 2018 for signature gathering
- [Attorney General Maura Healey]( (D) has approved [a batch]( of [indirect initiated state statutes]( for signature gathering; petitioners have from September 20, 2017, through November 22, 2017, to collect a first round of 64,750 valid signatures. This first round would qualify an initiative to go before the [Massachusetts General Court]( during the 2018 session. The legislature could approve any successful initiatives themselves, which would preclude an election on them. If the state lawmakers reject or fail to act on an initiative by May 2, 2018, then an additional 10,792 signatures will be required by July 4, 2018, to qualify for the 2018 ballot. [Topics addressed]( by the proposed initiatives include healthcare, wages and benefits, campaign finance, treatment of animals, elections, fishing, taxes, and energy. Some filed initiatives are different versions proposing similar laws.
- Initiatives approved for circulation in Massachusetts include the following:
- a [minimum wage increase](
- a [proposal for public funding]( to provide for paid family and sick leave,
- a [proposal to mandate]( a tax-free weekend and/or decrease the [stateâs sales tax](
- a [solar energy program](
- an [energy standards initiative](
- an [initiative to reduce animal euthanasia](
- an [out-of-state political contribution ban](
- a [ban on certain fishing gear]( dangerous to whales and turtles,
- a [requirement that presidential candidates]( release tax returns to be on the state ballot,
- a [proposal for a citizen commission]( concerned with amending the U.S. Constitution to regulate campaign finance,
- a [fee disclosure requirement for radiology]( and imaging services,
- a [limit on the number of patients]( assigned to one nurse, and
- a [ban on aversive therapies]( for physical, emotional, or mental disorders.
- Two measures are already certified for the 2018 ballot in Massachusetts: [an initiated constitutional amendment]( to enact an income tax for education and transportation and [a veto referendum]( targeting the repeal of a law prohibiting discrimination based on gender identity.
- In Massachusetts, the number of signatures required to place an [indirect initiated state statute]( on the ballot is equal to 3.5 percent of votes cast for [governor]( in the [most recent gubernatorial election](. The first 3 percent is collected in order to refer the indirect initiative to the [Massachusetts General Court](. If members of the General Court pass and the governor signs the initiative, then the initiative becomes law. If the legislature declines to act on or rejects an initiative or the governor vetoes it, sponsors of the initiative need to collect an additional round of signatures equal to 0.5 percent of the votes last cast for governor.
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Sheriff David Clarke joins pro-Trump super PAC
- Former Milwaukee County Sheriff [David Clarke]( who resigned his position last week, [joined]( the pro-Donald Trump super PAC America First Action, which is related to the main nonprofit supporting Trump's policy agenda, [America First Policies](. Clarke will serve as a spokesperson and senior advisor, a role he said would give him the chance to "promote President Trumpâs agenda, including his fierce support for the American law enforcement officer, and ensure that the will of the American people who got President Trump elected is not derailed by the left or the self-serving Washington establishment."
Democrats launch super PAC focused on state legislatures
- Democratic strategists from former President Obamaâs campaigns have [launched]( a new super PAC, Forward Majority, in an effort to flip 12 state houses from Republican to Democratic majorities in the next four years. The organization is modeled after the federal [Senate Majority PAC]( and [House Majority PAC]( which both spend large sums in races for Republican candidates to U.S. Congress. The new super PAC aims to raise and spend up to $100 million in the next four years with an emphasis on state and local races.
[States in session as of Sept. 8](ballotpedia.org)
[Map of state government trifectas]
Coalition of Democratic attorneys general files immigration lawsuit
- On Wednesday, a coalition of Democratic attorneys general representing 15 states and the District of Columbia filed a lawsuit in the United States District Court for the Eastern District of New York challenging President Trump's decision to phase out the [Deferred Action for Childhood Arrivals (DACA) program](. The coalition, led by New York Attorney General [Eric Schneiderman]( Massachusetts Attorney General Maura Healey, and Washington Attorney General Bob Ferguson, argues that the decision to wind down the program violated the Fifth Amendment and the Administrative Procedure Act on the grounds that the administration did not sufficiently justify its decision. The DACA program, which was introduced by former President Obama in a June 2012 executive order, allowed specific groups of immigrants residing in the country without legal permission to apply for a two-year renewable permit which defers their deportation. The program was open to immigrants who were younger than 31 on June 15, 2012; have lived in the US full-time since June 15, 2007; first came to the country before they were 16; and do not have a criminal record. With the exception of current students, DACA recipients are required to possess a high school diploma, GED certificate, or honorable discharge from the armed forces. According to the U.S. Citizenship and Immigration Services, nearly 790,000 immigrants have received DACA permits since 2012.
- Attorney General [Xavier Becerra]( (D) of California declined to join the coalition of attorneys general, instead filing a separate challenge to the DACA repeal on Wednesday. Becerra's lawsuit argues that a repeal of DACA would have a disproportionate impact on the Californian economy since nearly one-quarter of all DACA recipients live in the state.
Nearly 40 primary elections to take place across New York City
- Partisan [primary elections]( will take place for mayor, public advocate, and all 51 seats on the city council in New York City on Tuesday, September 12. In the [mayoral race]( incumbent Bill de Blasio (D) faces four challengers in his re-election bid for the Democratic Party nomination. A poll conducted by Quinnipiac University in May 2017 [found]( that de Blasio had a 74 percent approval rating among respondents who identified as Democrats.
- The current composition of the New York City Council is 48 Democrats and three Republicans. Forty-one incumbents are running for re-election, and nine of them are running unopposed in both the primary and general election. Of the 10 city council open seat races, seven are due to term limits. That includes the District 8 seat of City Council Speaker [Melissa Mark-Viverito]( (D). In total, there are 33 contested Democratic primaries, one contested Republican primary, and one contested Green Party primary.
- Additionally, all five boroughs of the city are electing a borough president in 2017, and two are holding elections for borough district attorney. Two of those races feature primary elections: for the Democratic Party nomination for borough president in the Bronx and for the Democratic nod for district attorney in Brooklyn. New York is the [largest city]( in the U.S. by population.
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