Page 61 – State Affairs

State: You can’t change election procedures now

Posted on August 19, 2024 by Yellow Sheet Report Staff

After a superior court judge deemed a provision of the Election Procedures Manual dealing with voter intimidation and harassment an infringement on free speech and blocked enforcement, Mayes and Fontes asked to stay the order while they pursue an appeal, claiming the relief to be “premature and too broad.” In a filing, Assistant Attorney Generals Nathan Arrowsmith and Karen Hartman-Tellez argued Judge Jennifer Ryan-Touhill’s ruling was improper given the plaintiffs had yet to request a ruling on the merits, barring both parties from fully presenting their cases. Arrowsmith and Hartman-Tellez noted the ruling did not “include any details about the acts restrained.” They ask, “Are Defendants only enjoined from prosecuting … Or are Defendants more broadly enjoined from referencing (the section) as guidance to county election officials regarding voter intimidation and harassment? Can inspectors and marshals at polling locations not even consider the factors regarding what may constitute intimidation … even if they came up with those ideas (or similar ones on their own, without the EPM’s guidance? The Order doesn’t say.” Arrowsmith and Hartman-Tellez finally raise a potential violation of the Purcell principle, which guides courts against changing election rules on the eve of an election. The two argue that in “all events, the Order will cause judicially-created confusion,” noting election officials have relied on the EPM in training election workers and a change now will “undoubtedly confuse election workers, who are largely lay people.” And given the potential for widespread confusion, the AG and Fontes contend the state is likely to face more harm than the plaintiffs if the court did issue a stay. Arrowsmith and Hartman-Tellez write, “The Order creates uncertainty, and any uncertainty about the requirements of Arizona law with respect to preserving order and security at polling locations could lead to election workers failing to perform certain responsibilities or allowing conduct they would otherwise report and could lead voters to avoid going to polling locations because of concern about possible intimidation.”

Statehouse Briefs: New ‘To the Stars’ license plate design now available

Posted on August 19, 2024August 19, 2024 by Matt Resnick

The Kansas Department of Revenue announced Monday that the state’s new standard license plate design is now available and will be used for all new plate issuances and for older plates with raised lettering.

However, the state will not completely phase out the older “Ad Astra” standard plate design. Drivers who were issued that plate will not automatically be reissued the newly minted plate, according to a news release. But drivers wanting the new design can transfer their registration to a new plate at their local county treasurer’s office.

The new design, inscribed with the agency’s “To the stars” slogan (a nod to the state motto, “Ad astra per aspera”), is coupled with an image of the Kansas Statehouse dome, superimposed on a cutout of the state. The plate’s color palette includes blue, white and a yellow gradient background.

The process for selecting the design entailed a public voting contest in December 2023, in which the “To the Stars” design coasted to victory with 53% of the total vote. That public process was in response to backlash related to the agency’s original selection for a new standard plate design. Many Kansans thought the color choice — predominantly black and yellow — too closely resembled the colors of University of Kansas’ archrival, the Missouri Tigers.

The agency last week also announced the selection of a new vanity plate set to be issued in 2025. The design pays homage to the Flint Hills and was also chosen in a public voting contest.

Kansas Supreme Court taps committee members

The Kansas Supreme Court announced Monday the appointment of two members to the Municipal Court Judges Education Committee.

Municipal Court Judges Damon Simmons of Hugoton and Brenda Stoss of Salina will join a committee primarily tasked with recommending and organizing education and training programs for municipal judges. Simmons and Stoss are slated to serve on the committee through June 30, 2027.

In addition to including municipal court judges, the committee is also represented by the Office of Judicial Administration, the president and past president of the Kansas Municipal Judges Association and a Supreme Court justice, according to the news release.

In related news, Lana Goetz was appointed as the nonvoting representative of the Office of Judicial Administration.

Post-election audit

Secretary of State Scott Schwab announced Monday that the state’s post-election audit process for the Aug. 6 primary election, mandatory for each county, has been completed.

“I am proud to report that all 105 counties have successfully completed their audits,” Schwab said in a news release.

The audit is conducted to verify that vote counts from tabulation machines match hand counts for each ballot. The Secretary of State’s Office is also responsible for rendering final approval of the completed post-audit results.

Schwab lauded county officials and election workers for their roles in moving the process forward.

“Once again, our clerks have successfully administered another election,” Schwab said. “I extend my gratitude to all our election workers for their hard work.”

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected].

Why State Affairs’ presence at the DNC matters for state government

Posted on August 19, 2024August 19, 2024 by Alison Bethel

As the Democratic National Convention kicks off in Chicago, the nation’s attention is once again turning to the grand stage where party platforms are set and the future direction of the country is debated. For some, it might seem like a spectacle of national politics — a parade of speeches, a cacophony of opinions and a sea of campaign promises. But for those of us at State Affairs, and for many of you — our subscribers — the DNC is much more than a national event; it’s a crucial arena for state government, and our presence there is vital.

While the DNC is often viewed through the lens of presidential politics, its impact resonates deeply within state governments. The policies debated and adopted at the convention often set the tone for legislative agendas at the state level. From health care and education to climate policy and economic development, the ideas that gain traction at the DNC can quickly make their way into statehouses across the nation.

For State Affairs, attending the DNC is about understanding the undercurrents that will shape state policies in the years to come. By being on the ground, engaging with key figures from each of our states, and reporting on the nuances of these discussions, we ensure that our readers — whether they are legislators, lobbyists or engaged citizens — are equipped with the knowledge they need to anticipate and influence state-level outcomes.

The Democratic National Convention is also a reflection of the concerns and priorities of the states themselves. The voices of state delegates, many of whom are deeply involved in their local governments, bring a unique perspective to the national conversation. They highlight issues that are critical to the people in their communities — issues like infrastructure, state education funding and local economic challenges. Next week in Chicago, delegates from every state will finalize the Democratic party’s platform and underscore what the party stands for, just as Republicans did at their national convention a few weeks ago.

Our role at State Affairs is to amplify those voices. By attending the DNC, we ensure that the concerns of state governments are not lost in the broader national discourse. We listen to the delegates, interview state leaders, and bring back stories that matter to our readers, providing them with a deeper understanding of how national decisions will ripple through state policies.

The DNC also offers a unique opportunity to bridge the gap between state and national politics. Often, the policies crafted at the federal level need to be implemented by state governments. Understanding the interplay between these two levels of government is crucial for anyone involved in state politics. Our presence at the DNC allows us to track how national policies are being shaped, who is influencing these decisions, and what this means for state governments down the line.

Moreover, the convention is a hub of networking and relationship-building. For State Affairs, it’s an opportunity to connect with policymakers, influencers, and thought leaders who play pivotal roles in shaping state legislation. These connections enrich our coverage and provide our readers with insider perspectives they can’t get anywhere else.

At State Affairs, we pride ourselves on being more than just a news outlet. We are the nonpartisan source of truth for all activities within state government, and our coverage of the DNC is an extension of that commitment. By attending the DNC, we ensure that our readers have access to comprehensive, informed and balanced reporting on the issues that will affect them directly. We attend the DNC not to advocate for any party or platform but to provide our audience with the information they need to navigate the complex world of state politics.

State Affairs’ presence in Chicago underscores our commitment to delivering the most relevant, timely and impactful coverage to our readers. By being there, we ensure that the voices and concerns of state governments are heard, understood and acted upon. In the ever-evolving landscape of American politics, this is not just important — it’s essential.

Follow along this week: Jeremy Alford on X; WisPolitics Convention Corridor; WisPolitics on X; Brian Howey on X; Jeff Mayers on X; State Affairs US

Chamber water report finds central Indiana most challenged

Posted on August 19, 2024August 19, 2024 by Tom Davies

A report commissioned by the Indiana Chamber of Commerce recommends the state establish multi-county regional groups to develop water-use priorities as officials wrestle with public pushback over a proposed water pipeline for the LEAP Lebanon Innovation District.

The study’s lead researcher agreed with the assertions of state officials that Indiana has plenty of water available for population and industrial growth but that the water supply isn’t evenly distributed.

Study leader says no water shortage

The water study released Monday by the state’s largest business organization focused on the concerns of developing water use policies around the state in the coming years.

Those involved in preparing the chamber’s report said more data on water availability and use was needed, such as the studies now being conducted for the Indiana Finance Authority in connection with the proposed 35-mile pipeline from the Lafayette area to the LEAP District. Completion of those state studies is expected in December.

Jack Wittman, vice president and principal water resource hydrologist for environmental consulting firm INTERA, told reporters he was impressed by how much water is available across Indiana.

“There is no shortage in the state,” Wittman said. “There might be management questions and management tasks, but that’s about it. It’s not really about, is there enough to satisfy the needs of all of the different users? It’s more about, can we manage the supplies? Can we build the infrastructure to do that?”

Central Indiana most water challenged

Wittman said the state has varying water availability, with roughly the northern third having abundant groundwater availability.

While the proposed LEAP District pipeline has drawn protests about shifting water resources between communities, Wittman said that is common in southern Indiana where water from large sources such as the Monroe, Patoka and Brookville reservoirs is often piped many miles away.

Indiana’s midsection is the area with the greatest variation of water availability and that is a challenge for growing areas, Wittman said.

“The middle of the state is probably where management is going to be most intensive, most careful; there will need to be enough data to actually make decisions,” Wittman said. “Central Indiana is where there’s a lot of people, where there are growing communities and industry, so that kind of puts all the pieces together in the basket in central Indiana.”

Regional water districts proposed

The chamber’s report urges the state to consider establishing regional groups based on their watershed to develop management priorities for their counties. Those regional plans would then be incorporated into a statewide water plan.

The report outlines similar groups that have been established in other states, such as Minnesota, Illinois and Texas.

Greg Ellis, the Indiana chamber’s general counsel and vice president of energy and environmental policy and federal affairs, said the makeup of such regional boards would need to be worked out with the Legislature if they would be created.

“I think that’s farther down the road,” Ellis said. “Right now, we believe that probably the most important thing is data collection so that we can get a better handle on things.”

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Wake Up Call for Monday, August 19, 2024

Posted on August 19, 2024 by Yellow Sheet Report Staff

Justice explains why she won’t recuse herself from retention case Arizona Capitol Times She says she can’t speak for anyone else on the Supreme Court. But Chief Justice Ann Scott Timmer told Capitol Media Services there’s a good reason she hasn’t recused herself from a case the court is expected to decide this week that could affect whether she and her colleagues must face voters again. She said any impact on her if the court allows Proposition 137 to go forward is “rather attenuated and speculative.” Kari Lake still deciding whether to debate Capitol Media Services Democrat Ruben Gallego is all in on holding a Clean Elections debate with his challenger in the race for an open U.S. Senate seat. Republican Kari Lake, maybe not so much. U.S. Supreme Court to weigh 2022 Arizona election law Capitol Media Services The Biden administration is urging the U.S. Supreme Court to spurn requests by Republican legislative leaders and their allies to block anyone who hasn’t provided proof of citizenship from casting a ballot in this year’s race between Kamala Harris and Donald Trump. State challenges restaurant owner’s right to sue over egg regulations Capitol Media Services The fate of state rules designed to provide more humane treatment of laying hens could depend on whether a judge believes the owners of some Tucson restaurants have standing to challenge them. Republicans are central in an effort to rescue Cornel West’s ballot hopes in Arizona Associated Press A group of lawyers with deep ties to the Republican Party scrambled over the weekend to rescue an effort to get independent presidential candidate Cornel West on the Arizona ballot, offering one of the clearest examples yet of the GOP’s extensive involvement in furthering the left-wing academic’s long-shot bid. Southern Arizona delegates getting ready for Democratic National Convention KGUN The Democratic National Convention starts Monday in Chicago, where Vice President Kamala Harris is set to formally accept the party’s nomination. Disruptions as Arizona counties certify primary election may signal what’s to come in November Votebeat The banging sound from Chairman Mike Goodman’s gavel filled the boardroom at a Pinal County supervisors meeting Monday, but Kevin Cavanaugh ignored it. Get Ready for Soaring Power Bills Arizona Capitol Times There is a ticking time bomb hanging over the U.S. economy. The nation’s electricity grid operators and utilities are projecting rapidly approaching power shortfalls. And instead of helping address the crisis, U.S. energy policy is making a bad situation far worse. 15 Arizonans prove Donald Trump's ignorance about the Medal of Honor Arizona Republic Donald Trump said recently that the Presidential Medal of Freedom, which he awarded during his term in office to a Republican mega-donor, was “equivalent” and “much better” than the Medal of Honor, the nation’s highest military award for bravery. If you think a social media campaign will stop the 'Gilbert Goons,' you're too old Arizona Republic Most of us would not have thought Maricopa County Attorney Rachel Mitchell had a whole lot in common with former First Ladies Nancy Reagan and Melania Trump — besides being Republican.

Cameras in court: 1 year in, new rule a success

Posted on August 19, 2024August 19, 2024 by Rory Appleton

The Gist

For decades, Indiana courtrooms remained among the last in the nation to shut out news cameras. Anyone seeking information on a particular trial was forced to attend court in person or rely on written or dictated reports.

That changed in 2023, when the Indiana Supreme Court opened courtrooms to true modern transparency through a simple rule change allowing cameras.

“It was time,” Chief Justice Loretta Rush said. “I think the judicial branch is often the least understood, and transparency is really important and key to people’s understanding.”

In the more than one year since, the new rule is viewed by judges and journalists alike as a key success — something Rush attributed to a “mutual respect” between both parties.

“People now have a chance to see it upfront,” Rush said. “There seems to be a decrease in public trust in public institutions and the judiciary, so it’s important that they see the hard work that goes into obtaining justice in these cases.”

Biden is unpopular with Hoosiers despite a robust economy

Posted on August 19, 2024August 19, 2024 by Brian A. Howey

CHICAGO — When President Biden gives his political farewell address tonight at the Democratic National Convention, he will do so as one of the least popular modern commanders-in-chief from the Hoosier perspective.

But when it comes to the economic data sets, the notion of presiding over a robust economy while bringing billions of dollars to the state seemed to be consigned to a relic of a bygone era.

Biden dropped out of the 2024 presidential race on July 21, setting up this week’s DNC as the first time a nonincumbent nominee — Vice President Kamala Harris — becomes the standard-bearer since President Lyndon B. Johnson gave way to Vice President Hubert Humphrey in 1968.

In a Ball State/Bowen Center poll released in January, just 35.3% of Hoosier respondents approved of the job Biden was doing, compared with 58.2% who disapproved.

“Many national polls have found that President Biden is not popular right now and, given he lost Indiana by a large margin in 2020, it is not surprising that he remains unpopular in the state,” said Chad Kinsella, director of the Bowen Center for Public Affairs.

Biden has never been popular in Indiana. Though he defeated President Donald J. Trump nationally in 2020, he lost Indiana 57.02% to 40.96%.

The economic data during Biden’s three-plus years in office tells a different story. Last week, Indiana’s unemployment rate increased to 4%, the first time it was over that threshold since September 2021. The state’s unemployment rate was 4.7% in January 2021 when Biden took office; it was as low as 3.1% in December 2022.

Then there are the billions of dollars that have flowed into the state via signature Biden agenda items: the Infrastructure and Jobs Act, the American Rescue Plan, the Inflation Reduction Act, and the CHIPS and Science Act. While Republican Sen. Todd Young was a driving force behind the CHIPS and Science Act, it was opposed by most of his GOP congressional colleagues.

In June 2022, U.S. Secretary of Commerce Gina Raimondo notified Gov. Eric Holcomb that Indiana would receive $868 million to extend high-speed internet to the proverbial “last mile” in rural Indiana.

Biden signed the CHIPS and Science Act in August 2022. Sen. Young noted that since the legislation was signed into law, the semiconductor industry has announced more than $240 billion in private sector investment for Indiana in the production of foundational and leading-edge microchips.

“The CHIPS and Science Act also established the Microelectronic Commons program, under which my state of Indiana has been designated the leader of the Silicon Crossroads Microelectronics Hub,” Young said in a March news release. “This regional partnership was designed to accelerate the prototyping of advanced microchips. This and other partnerships have already drawn more than $2 billion in publicly announced private investments into the state of Indiana alone.

“Great things are being made in Indiana thanks to the passage of the CHIPS and Science Act,” Young said.

Then there is the Bipartisan Infrastructure Law, where Indiana is expecting $6.9 billion over five years in federal highway formula funding for highways and bridges.

With the 2021 American Rescue Plan as part of COVID-19 pandemic relief, Indiana saw the following:

$500 million in the first round of the Regional Economic Acceleration and Development Initiative (READI), which has generated billions of dollars in additional investments. That has funded a signature program by Gov. Holcomb and General Assembly Republicans, though most at the congressional level voted against the American Rescue Plan.
Direct pandemic recovery funds benefited all 625 Indiana towns, cities and counties — avoiding cuts and adding investments in public safety, housing, workforce development and other critical areas.
More than 280 school districts in Indiana were provided funding to support academic recovery and student mental health and reopen safely.
3,270 child care programs in Indiana received support to help keep their doors open, impacting some 157,000 children.
Working family tax relief through the expanded child tax credit totaled 822,000 for Indiana families with 1.4 million children.
1,188 Indiana restaurants received vital relief through the American Rescue Plan’s Restaurant Revitalization Fund.
A record 170,000 new small-business applications were submitted in Indiana.

Many Republicans cite the high inflation rate with Biden at the helm as a political liability, but the U.S. inflation rate declined significantly from a peak of 9.1% in June 2022 to 3% in June 2024.

And, according to analysis from U.S. Bank, the stock markets have all trended higher, though with significant volatility. The “benchmark S&P 500 generated impressive returns of 28.7% in 2021 and 26.29% in 2023,” U.S. Bank observed. “Sandwiched in between was a bear market, as the S&P 500, at its low point, dropped 25% in 2022. 2023’s stock market recovery was narrower in nature, driven primarily by a small group of S&P 500 sectors. In 2024, the S&P 500 repeatedly reached new all-time highs.”

Meanwhile, consumers have faced headwinds from Federal Reserve monetary policy, which featured significant interest rate hikes. “The Fed pursued this strategy to combat higher inflation that emerged in 2021,” U.S. Bank analyzed. “Through most of that period, the economy — as measured by Gross Domestic Product — has grown, though the pace of growth slowed in 2024’s first quarter.”

Axios observed on July 14: “If you spend your life looking at economic data, these look like the best of times: Inflation is a mere 3%. Unemployment is hovering near 50-year lows. But that’s not how the bulk of Americans see it. Americans’ views of the economy are colored by their politics as much as the actual state of the economy.”

Ditto for most Hoosiers.

DNC notes

Also on tonight’s DNC speaking bill are United Auto Workers President Shawn Fain, Chicago Mayor Brandon Johnson, first lady Jill Biden, and former first lady and Secretary of State Hillary Rodham Clinton. She lost to Trump in 2016.

On Tuesday, former President Barack Obama, former first lady Michelle Obama, second gentleman Doug Emhoff and Illinois Gov. J.B. Pritzker will speak in prime time. Both Obamas and Hillary Clinton are Chicago natives.

On Wednesday, U.S. Transportation Secretary Pete Buttigieg, Minnesota Gov. Tim Walz, Speaker Emerita Nancy Pelosi and former President Bill Clinton are scheduled to give prime-time addresses.

On Thursday, Vice President Kamala Harris will accept the Democratic presidential nomination under the theme “For Our Future.”

Brian A. Howey is senior writer and columnist for Howey Politics Indiana/State Affairs. Find Howey on Facebook and X @hwypol.

Primary winner urges House Republicans to dissuade state GOP from taking up challenge

Posted on August 19, 2024August 19, 2024 by Andy Sher

As incumbent state Rep. John Ragan tries to overturn his District 33 primary loss in Anderson County, challenger Rick Scarbrough is urging fellow Republicans in the House not to take up the challenge.

In the letter obtained by The Tennessee Journal, Scarbrough wrote that he had become aware of Ragan’s plans to challenge the results as early as July 23. Ragan, the chair of the House Operations Committee, has since filed formal notice of a challenge before the 66-member executive committee, which is packed with party hardliners.

“While I am steadfast in my confidence in the election results and the outcome of any contest, I do fear the dangers this path may pose for our Party, our focus, and the faith all voters have in our election process,” Scarbrough wrote.

Scarbrough cited the 2008 reversal of Democratic state Sen. Rosalind Kurita’s narrow primary win as a cautionary tale. Kurita was removed as the nominee after being a key vote in making Sen. Ron Ramsey the first Republican state Senate speaker since Reconstruction. Extensive litigation confirmed the power of state parties to determine their nominees regardless of the outcome at the ballot box.

“We cannot become that which we strive to defeat,” Scarbrough wrote. “Our shared Republican values call us to respect and uphold the rule of law.”

Returns from the Aug. 1 primary showed Scarbrough won the contest over Ragan with 53% of the vote. It represented a 258-vote margin out of the nearly 5,700 ballots cast.

Ragan said he doesn’t have a problem with the tally of the votes, but rather with crossover voting, which he told The Tennessean represents “immoral, unethical, and illegal behavior”

Tennessee has no party registration law. But Ragan’s challenge rests on a controversial state law that says only “bona fide” members of a political party can vote in their party primary. He claims more than 1,000 voters who cast ballots in the contest had no history of voting in GOP primaries. The Anderson County Republican Party put the number of “Democrats and non-Republicans” who voted in the contest at between 300 and 1,100. Given the secrecy of the ballot box, it’s impossible to know which candidate any of them might have voted for.

A group of state voters, among them former Knoxville Mayor Victor Ashe, joined with the League of Women Voters of Tennessee to file a federal lawsuit challenging the state law that requires voters to be “bona fide” members of a political party to vote in the State’s open primary election or face prosecution. The lawsuit contends the law lacks any legal process to determine a voter’s bona fide party credentials leading to voter confusion.

Ragan argued to the Tennessean that the state Republican Party’s bylaws, which create bona fide definitions for candidates, support his election challenge. Efforts to reach State GOP Chair Scott Golden were unsuccessful Monday.

But SEC member Ken Meyer, a former state representative, said he doesn’t see things the way Ragan does.

“There’s nothing really that can or will be done in my opinion,” he told The Tennessee Journal. “I talked to Scott Golden and he gave me the rundown on the numbers. Just do the numbers, it would have no impact on the outcome of the election, first of all.

“But more importantly,” Meyer said, “to the core of the question, the whole issue of being ‘bona fide’ is really not a question of the voters, those who vote. It is a question of who is qualified to be a candidate. So it really has no bearing.”

Meyer also suggested candidates kick up their game a notch or two if they’re concerned about crossover voting, a rich tradition in Tennessee.

“You have poll watchers for a reason. If you believe somebody is voting that shouldn’t be voting, even under the rules as I understand it you can challenge that person and that person can then sign something saying, yeah, I’m a Republican. … That’s the time you challenge a voter,” he said. “You don’t come back days after the election and try to reconstruct it because you don’t like the outcome.”

Under the GOP bylaws, the party chair can determine whether grounds for a challenge exist. If so, the full executive committee acting as the state primary board will hold a public meeting on the matter. If not, the complaint will be dismissed.

Tennessee history is replete with battles regarding crossover voting. One of the more recent contests involved the 2022 Republican mayoral primary in Hamilton County. County Commissioner Sabrena Smedley challenged Weston Wamp’s 318-vote victory, claiming “illegal Democratic crossover voting” and charging Democrats with “raiding in our election.”

An analysis of the voting records of all 40,906 people who cast ballots in the GOP contest showed about 1,700, or 4%, had participated in three of the previous five Democratic primaries.

Republican executive committee members nevertheless rejected Smedley’s challenge on a 34-10 vote.

Other losing candidates have considered mounting primary challenges, including U.S. Rep. David Davis of Johnson City after he fell 486 votes short to Phil Roe. Davis abandoned his effort following a chorus of opposition led by Ramsey, the state Senate speaker from northeastern Tennessee.