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February 2009
NY Dems turn to web for reform
In New York, Democratic lawmakers are looking to the web to promote a reform agenda.
Senate Democrats have launched a YouTube channel to solicit feedback from the public about how to improve state legislature.
Staffer Andrew Stengel introduces the channel in the video below:
Lawmakers have also scheduled hearings across the state -- an appropriate way to mix online and offline activities.
GOP lawmaker says HIV testing rewards ‘sexual promiscuity’
In Colorado, lawmakers are shocked at remarks made on Wednesday by State Sen. Dave Schultheis, a Republican.
The chamber was considering a bill to require that pregnant women receive HIV tests.
In stating his opposition to the measure, Schultheis said that requiring the tests would reward 'sexual promiscuity.'
The Colorado Independent has prepared a full transcript:
Thank you, Madam President. You know, this was a difficult bill for me. I voted yes in committee on it because of discussions surrounding the fact that — well, let me just basically say this, it basically modifies the communicable disease laws and it requires the health care providers to test pregnant women for HIV unless they opt out. And that’s basically, that’s the main part of this bill. I voted yes on it. I was a little bit troubled with my vote and was just wondering what was bothering me. I woke up the next morning — Thursday morning — at 5 a.m. and I wrestled with this bill for another hour from 5 to 6 and finally came to the conclusion I’m going to be a no vote on this. I’m trying to think through what the role of government is here. And I am not convinced that part of the role of government should be to protect individuals from the negative consequences of their actions.
Sexual promiscuity, we know, causes a lot of problems in our state, one of which, obviously, is the contraction of HIV. And we have other programs that deal with the negative consequences — we put up part of our high schools where we allow students maybe 13 years old who put their child in a small daycare center there.
We do things continually to remove the negative consequences that take place from poor behavior and unacceptable behavior, quite frankly, and I don’t think that’s the role of this body.
As a result of that I finally came to the conclusion I would have to be a no vote on this because this stems from sexual promiscuity for the most part, and I just can’t vote on this bill and I wanted to explain to this body why I was going to be a no vote on this.
Schultheis then proceeded to cast the sole vote in opposition to the bill, which passed the Senate 32-1.
After calls for an apology, he reiterated his position, telling the Rocky Mountain News:
“What I’m hoping is that, yes, that person may have AIDS, have it seriously as a baby and when they grow up, but the mother will begin to feel guilt as a result of that,” he said. “The family will see the negative consequences of that promiscuity and it may make a number of people over the coming years begin to realize that there are negative consequences and maybe they should adjust their behavior.”
When asked to react, Senate Minority Leader Josh Penry told reporters that he would not, "muzzle his caucus."
Standing up for higher education in Arizona
Lawmakers in Arizona are locked into a heated debate about the state budget.
The Republican majority wants to put university funding on the chopping block, and Democrats are fighting to protect money for higher education.
In Appropriations Committee hearings earlier this month, Democrats offered an amendment to the budget that would have used federal stimulus money to restore the college cuts, but that proposal was rejected by all the GOP members of the committee.
Now, in an effort to bring voters into the process, Democrats are holding a series of townhall-style, budget hearings around the state, targeting college campuses as an important set of venues.
Sen. Rebecca Rios, the Assistant Democratic Leader, told reporters:
Our communities are facing draconian cuts outlined in the Republican budget proposals, but they were not given a voice at the State Capitol. We are holding these hearings to provide more transparency in the process and to hear directly from the public how these cuts will affect their daily lives.
So far, turnout to these public budget hearings has been excellent -- more than 150 citizens attended the last meeting.
Looking at 2010
The stakes could not be higher for the coming election cycle, and the DLCC has already begun working to ensure that Democrats will win these crucial legislative races.
As part of that effort, we want to keep our supporters informed about where we stand heading into 2009-2010.
Where we are
In 2008, the DLCC successfully defended chambers in Iowa, Pennsylvania, Indiana, Maine, New Hampshire, North Carolina, and Colorado, and we made serious additional gains in two chambers we originally thought we'd be hard pressed to hold -- the Michigan House and Oregon House.
Of our 13 targeted chambers, we only lost Democratic majorities in two places: the Tennessee House and Montana Senate.
Our political team targeted nine Republican-held chambers as possible pickup opportunities.
On Election Day, we won new majorities in five of them: the Delaware House, Ohio House, Wisconsin Assembly, New York Senate, and the Nevada Senate. We made strong gains in the Texas House and forced a tie in the Montana House.
Across the country, Democrats now hold more than 55 percent of the nation's partisan legislative seats. We once again made net gains, adding approximately 100 seats to our column. We control 61 of the nation's 98 partisan legislative chambers. And Democratic leaders are at the helm of both the legislature and governor’s office in 17 states, while Republicans hold equivalent control of governments in just eight states.
The stakes for the future
As we head into this next election cycle,the stakes could not be higher. Our wins over the past six years have significantly increased the number of chambers that we needed to defend and narrowed the field of potential pickup opportunities.
Traditionally, the party that controls the White House has fared poorly in the first midterm election after the new president takes office. In terms of state legislative races in these cycles, the party of presidential power made gains only twice in the 20th century -- when voters supported FDR and Democrats during the Great Depression and when voters turned out for George W. Bush and Republicans in the first election after September 11th.
But it is crucial, both for the future of our party and our country that Democrats do well in 2009 and 2010, as this cycle represents final set of elections before the next round of legislative redistricting.
When the 2010 Census is completed, legislatures in 36 states will meet to draw the lines for 383 of the nation's 435 Congressional districts.
In the 2000 Election, Republicans gained control of a majority of the nation’s legislative chambers. They completely dominated all three branches of government in states that we all recognize as competitive: Michigan, Ohio, Pennsylvania, and Florida.
In 2002, the first election after the 2000 redistricting, 17 Congressional seats changed hands – 15 of these 17 shifted largely due to legislatively-drawn map changes.
Because Republicans controlled a majority of the nation’s state houses, the GOP was able to improve its margins in the U.S. House of Representatives, gain control of five state legislative chambers, and finish the year with more Republican state legislators than Democrats nationwide for the first time since the 1950s.
This outcome of this election cycle will have long term ramifications.
Outlook 2009
The cycle begins with one set of targeted races in 2009.
In the Virginia House of Delegates, Republicans hold a 53/45 majority.
Two years ago, the DLCC worked with Democrats in the state to win a majority in the Senate for the first time in a decade. That same night, we added four seats to our margins in the lower chamber. In February of 2008, we picked up another seat in the House in a special election.
There are at least six seats currently held by Republicans in districts that Obama won which will be on our target list in the fall.
Despite our recent success, Republicans are confident that they will be able to retain control of the chamber. This is guaranteed to be a tightly contested series of elections, and national observers will watch the outcome closely as a barometer of things to come.
Outlook 2010
In 2010, 46 states will hold legislative elections. Nationwide, 1155 Senate seats and 4598 House seats will be up for grabs.
Because we control 60 of the 98 chambers, we recognize that we have a lot of territory to protect.
We do, however, have a limited number of opportunities for additional pickups.
At this stage, our list of targeted chambers includes the Kentucky Senate, Michigan Senate, Missouri House, Pennsylvania Senate, and Texas Senate.
We are particularly committed to picking up the Texas House, where Democrats have made tremendous strides over the last few cycles and are only down one seat.
We will also be looking at taking back the Tennessee House, Oklahoma Senate, and Montana Senate, as well as breaking the ties in the Montana House and the Alaska Senate.
Conclusion
Barring a “sea-change” election like we saw in 2006 -– after nearly a decade of Republican scandals -– the maps created after 2010 will dictate political realities for the next decade.
To ensure that our leaders are able to promote a Democratic agenda at every level of government, we must not lose ground in this election cycle.
The DLCC is dedicated to this goal, but we will rely on support from allies like you to be successful over the course of the next two years.
Your contributions help us build state-of-the-art campaign organizations, field talented candidates, and equip Democrats in competitive races with the tools they need to win.
Please contact us if you are interested in doing more to support our mission.
Censure Leo Berman
On February 18th, after a panel discussion sponsored by Texas Employers for Immigration Reform, GOP State Rep. Leo Berman got into an altercation with Harry Joe -- a Chinese-American lawyer from Dallas.
Joe had confronted Berman about the lawmaker's proposal to force immigrants to relocate to 'sanctuary cites.'
The argument got heated, at which point Berman told the the lawyer to "go home" -- seemingly in reference to Joe's Chinese heritage.
Berman later said the other man could, "kiss my [expletive]."
While Joe has apologized for his actions in the dispute, Berman has since refused, telling reporters:
I'm not saying anything about it. This was a private discussion, and I do not owe him an apology.
Now a group of activists in Texas are calling on the legislature to censure Rep. Berman for his actions. They've launched a website -- CensureLeo.com -- and an email campaign:
On Thursday, February 18, 2009, State Rep. Leo Berman (R-Tyler) committed an act which we believe constitutes conduct unbecoming a member of the Texas Legislature—for which he should be censured by members of the Texas House of Representatives.
Check out the website to join their efforts.
Lawmakers don't need executive approval to access stimulus funds
Though billions of dollars in President Obama's recovery package were earmarked for state governments, a handful of conservative governors -- namely South Carolina Gov. Mark Sanford, Louisiana Gov. Bobby Jindal, and Texas Gov. Rick Perry -- have threatened to turn the money down.
Language inserted into the final bill by South Carolina Congressman James Clyburn, however, will allow legislators to bypass state executives to access the funds.
Specifically, the law states:
If funds provided to any state in any division of this act are not accepted for use by the governor, then acceptance by the state legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such state.
Predictably, a spokesman for Sanford is now walking back some of the governor's earlier statements.
Budget impasse ends in California
For three months, lawmakers in California have been locked in a struggle over how to resolve the state's projected $41-billion budget deficit.
Democrats, along with GOP Gov. Arnold Schwarzenegger, have proposed a mix of spending cuts and targeted tax increases, while Republicans have refused to accept any version of a budget that includes a tax hike.
Despite the fact that Democrats hold a majority in both chambers of the legislature, state laws requires that the budget be approved by a supermajority vote. Republicans had used that rule to force an impasse.
When the GOP Senate Minority Leader Dave Cogdill indicated that he would support the Democratic plan, he was unseated in a coup by his own caucus. Uncertainty about the state's budget situation forced the government to layoff nearly 10,000 state workers, suspend hundreds of public-works projects, and delay the mailing of early income-tax refunds.
Today, Democrats were finally able to break the deadlock by focusing on a group of GOP dissidents who recognized the severity of the situation.
The budget was passed shortly after 6:30 am, local time.
Alabama Democrats put the breaks on Voter ID law
Republicans legislators in Alabama, backed by the state's GOP attorney general, are pushing a law which, if passed, would force voters to carry identification with them to the polls on election day:
The measure would require voters to show a driver's license, non-driver's identification card, passport, military ID or other federal or state government-issued identification to be able to vote.
Last week, the seven Democrats on the House Constitution and Elections Committee voted to delay action on the bill against the protests of the four GOP committee members.
Democrats argue that these ID laws create significant hurdles that prevent some elderly and poor citizens from casting votes.
There is deep division in the Alabama legislature over whether this proposal is even necessary.
Getting to the bottom of the GOP patronage machine in New York
Republicans held control of the state senate in New York for nearly 40 years, and Democrats are just now learning exactly how GOP lawmakers spent an annual legislative budget of $100 million.
The New York Time reports:
The transition has allowed for the first real glimpse inside the sprawling patronage machine built by Senate Republicans and operated with a veil of secrecy that sometimes left even rank-and-file G.O.P. members in the dark.
By researching employment records and bills, Democrats have discovered the existence of a printing facility in Albany (employing 75 people), a television studio on Long Island for GOP cable interviews (staffed by a pair of press aides), and nearly 800 Capitol parking spaces controlled by the GOP.
Some of the perks go far beyond parking spaces and color printing capabilities. For instance:
Democrats also came across what they are calling the “Brunomobile,” a $50,000 specially outfitted GMC van, with six leather captain’s chairs (some swiveling), a navigation system, rearview camera and meeting table. Joseph L. Bruno, the former Senate majority leader who was recently indicted on corruption charges, traveled in the van after his use of state helicopters sparked a feud with the Spitzer administration.
Democrats continue to dig through records. Among the issues being investigated is to what extent government researchers were directed to coordinate their work with the Senate Republican Campaign Committee.
That concern is the one that might prove the most serious.
GOP eyes 2010 in Minnesota
Nearly twenty months before the 2010 Election, Republicans in Minnesota are already preparing to mount a serious challenge to retake the both chambers of the state legislature.
The Minnesota Independent reports that many would-be challengers are already raising money and lining up support for 2010:
At least 10 challengers have filed papers with Minnesota’s Campaign Finance and Public Disclosure Board since Election Day announcing their intent to run for the state House or Senate. Not surprisingly, given the strong Democratic majorities in both legislative bodies, the bulk of these early contenders (seven) are Republicans.
It should come as no surprise that many of those advancing bids are GOP activists with staunchly conservative agendas.
Meet the leaders: Speaker Dave Hunt, Oregon
On the first weekend after the November election, Dave Hunt effectively became the Speaker of the House in Oregon. He was endorsed unanimously by his caucus, and because of his work to ensure electoral success, Democrats control 36 seats in the chamber -- a supermajority.
Hunt officially assumed the post in mid-January, promising to focus on the economy and continue to promote education, health care, and renewable energy. While lawmakers in Oregon must address an estimated $800 million budget deficit, he is confident that the legislature has the capacity to meet the challenge.
In one of his first acts as Speaker, Hunt announced a plan to freeze a scheduled increase in lawmaker salaries -- a move that trims $4.3 million from the budget of the legislative branch. Already this month, the legislature has passed a $175 million statewide stimulus package which focuses on school construction and infrastructure improvements.
Before becoming Speaker, Hunt was the Democratic Majority Leader, a post he held from 2006 until this year. He currently sits on the Board of Directors for the DLCC and is serving in his fourth term in the legislature.
Outside the legislature, Hunt is the executive director of the Columbia River Channel Coalition and the Association of Pacific Ports, which works to promote trade and job opportunities. From 2002 to 2003, he was the National President of American Baptist Churches USA -- the youngest person to head the organization in its history. He previously served as a Congressional staffer for a decade, working for three different members of the U.S. House of Representatives.
Winning a Kentucky special
Late last night we learned that Democrat Mike Reynolds defeated Republican J. Marshall Hughes in a special election for Kentucky's 32nd District state Senate seat.
The seat was open because Brett Guthrie -- the former Republican incumbent -- was elected to Congress in November.
Many expected voter turnout to be minimal because much of the district is still reeling from snow and ice storms, but nearly 20 percent of eligible voters turned out to the polls. Reynolds won the election by nearly 2,000 votes.
The victory moves Democrats one seat closer to winning a new majority in the state senate. With Reynolds, the margin now improves to 16/21.
Texas GOP changes the rules to propose voter ID law
For years, Republicans in Texas have been trying to force a major new voter ID law through the state senate.
Democrats, though in the minority, have been successful in keeping that legislation from reaching the floor because long-standing chamber rules require that two-thirds of the members consent for any bill that is being considered for debate.
Now, that seems likely to change in 2009.
Late last month, Republicans passed a proposal that would alter the way that voter ID legislation is brought up for debate:
The measure, which carves out a special exemption in Senate rules for the voter ID legislation, would make it impossible for Democrats to block the proposal as they did in 2007.
The move threatens to ignite partisan division in the chamber not seen since a bitter fight in 2003 over redrawing boundary lines for congressional districts in Texas. That change sharply increased the number of Republican U.S. House members in the state.
The change in procedure was opposed by all 12 Democrats in the Senate and a lone Republican.
Democrats in the state rightfully contend that there is no evidence of voter fraud to demand such legislation.
Tennessee GOP excommunicates the Speaker of the House
Republicans in Tennessee are upset. After winning a tight majority in the House of Representatives, they fully expected to elect their Republican leader, Jason Mumpower, Speaker of the House.
That obviously didn't happen.
But Kent Williams, the man who became Speaker, is a Republican.
Or he was until this morning.
Today, Robin Smith, the chair of the Tennessee State Republican Party, sent a letter to
her state executive committee where she essentially excommunicated Speaker Williams:
It is with regret that I inform you of my decision to remove Kent Williams’ status as a bona fide Republican. In the end, I must do what I believe to be right in this matter and not just what might be the politically or strategically expedient response. The principles we value must be placed above mere political calculation.
As a result, Williams will be banned from running again as a Republican and it asks that he, "receive no support, endorsements, or financial backing by those affiliates of the Tennessee Republican Party."
Members of the press are also directed to stop referring to Williams as a Republican.
Building up broadband to boost the economy
Broadband is one technology sector that could get a major boost from the federal recovery package, and state lawmakers are already researching ways to put the federal money into use.
As currently written, the stimulus bill in Congress would appropriate between $6 and $9 billion to upgrade America’s Internet with the goals of both increasing penetration to areas not currently served and upgrading existing networks.
As the Christian Science Monitor reports, these kinds of improvements provide demonstrable economic boosts:
Put $5 billion into broadband expansion and 100,000 new jobs in telecom and information technology materialize within a year of the money being spent, according to the Communications Workers of America (CWA), using data from the Department of Commerce. Once built, the economic gifts keep coming: Every percentage point increase in broadband penetration raises employment 0.2 to 0.3 percent, according to the Brookings Institution.
Cognizant of the benefits, lawmakers in North Carolina are currently debating the best service for mapping broadband penetration in the state.
Proposed change to Texas Redistricting Board
In Texas, State Rep. Mark Homer, a Democrat, is proposing a major change to the composition of the board that helps to oversee the legislative redistricting process in the state.
Currently, the Legislative Redistricting Board (LRB) is composed of the lieutenant governor, speaker of the house, attorney general, comptroller, and land commissioner.
Under Texas state law, the legislature is responsible for drawing their own lines for legislative districts.
After the Census, if state lawmakers are unable to adopt a plan for redistricting within 90 days of the end of the legislative session or if the plan developed by lawmakers is vetoed or held invalid in court, responsibility for the process then shifts to the LRB.
If passed as a constitutional amendment by voters, Rep. Homer's bill would replace the attorney general with the state agriculture commissioner.
Protecting minimum wage in Montana
In Montana, in 2006, voters overwhelming approved a law (to the tune of 73 percent) which requires that minimum wage in the state be adjusted regularly to match inflation.
Wages in the state are scheduled to increase to $7.25 an hour this summer.
This week Democratic lawmakers were forced to defeat legislation that would have critically undermined this important law.
Earlier in the session, Republicans introduced a bill which would have allowed business owners to count an employee's tips toward meeting that minimum wage requirement.
All 26 Democratic state senators (joined by six Republicans) voted together to reject the measure.
Democratic Attorney General Steve Bullock, who worked to pass the measure three years ago, expressed his relief to reporters after the vote:
I was pleased to see that the Senate did the right thing and respected the will of the voters. At a time when we're giving Wall Street millionaires handouts and bailouts, we must remember the people at the other end of the financial spectrum.
Republicans currently hold a four seat majority in the Montana Senate and are focused on passing a conservative agenda. While Democrats were able to turn back this bill, this vote underscores the importance of winning back the chamber next year.
GOP speaker resigns in Florida
Just two months after he was sworn in as Speaker of the Florida House, Republican Ray Sansom stepped down from his leadership position on Monday.
On November 14th, the day that Sansom was elected Speaker, Northwest Florida State College hired the GOP lawmaker to be the school's chief fundraiser in a position paying $110,000 a year. In the two years prior to being offered the job, Sansom had funneled $35 million in state funds to the school.
From the Associated Press:
In late January, a grand jury agreed to look into accusations Sansom had traded the college appropriations for the job. Its investigation is continuing. A House committee and the state Ethics Commission also are looking into the matter.
While Sansom maintains he did no wrong, Speaker Pro Tempore Larry Cretul will act as speaker until a formal vote can be made establishing the replacement.
Iowa Democrats building an open budget
In a difficult economic year, Democratic lawmakers are embracing the Internet to give citizens in Iowa an opportunity to offer input and learn more about the state budget.
They're dedicating a portion of their website to a project that they're calling Open Budget:
House Democrats are committed to balancing the budget in a fiscally responsible way that takes care of the needs of hard working middle class families throughout our state. Towards that end, we have created Open Budget Iowa to give the people of Iowa a voice in directing how we make progress towards a balanced budget.
On the front page you will find individual “blog posts” with information about the appropriation process and a staff analysis of different aspects of Governor Culver’s budget. Please use this information to inform your comments and we welcome your input.
On the front page, staffers break down various kinds of spending in specific posts and citizens respond with their own ideas.
This is an excellent use of technology, particularly at a time when more people are paying attention to the budget process than ever before.







