The Thicket at State Legislatures

Incumbents fall in Idaho Primaries

by Tim Storey

Idaho staged legislative primaries on Tuesday, and it appears that six incumbents lost including four Republican state senators and two incumbent GOP house members. Among the senators losing on Tuesday was nine-term Senator Gary Schroeder, chair of the Senate Resource and Environment Committee. This blurb in the Spokane Spokesman-Review lists five of the incumbents who lost. Rep. Steve Kren also lost but is not mentioned in the piece. The full primary results are available here.

Idaho was the 12th state to hold primaries so far in 2010. The next states up are Alabama, Mississippi and New Mexico on June 1st. Mississippi does not have legislative elections, so their primaries are only for federal offices. In New Mexico, only the House seats are up in 2010. All Alabama legislators serve four year terms in both the House and Senate, and the terms are not staggered, so this is the first election for the Alabama legislature since 2006.

Trust Program Celebrates 10th Anniversary

By Jan Goehring

The Trust for Representative Democracy celebrates its 10th anniversary this year. The National Conference of State Legislatures launched the program in 2000 to combat cynicism toward government and to educate young people about American democracy.

The Trust has reached more than 2 million students, conducted national polls about attitudes towards government, produced effective classroom materials and created American Democracy Television. Through the Alliance for Representative Democracy, a partnership of the Trust, the Center for Civic Education and the Center on Congress at Indiana University, programs and outreach to policymakers, teachers and students has been greatly enhanced. For more details about the first ten years of the program, check out the most recent edition of Trust Trends.

Profiles in Courage in California Legislature

Yesterday, the John F. Kennedy Library Foundation awarded their 2009 Profile in Courage Award to the then-top four leaders of the California Legislature for their work in negotiating a budget during the 2009 legislative session. From the award citation:

Karen Bass, California State Assembly Member, and former Democratic Speaker of the Assembly; David Cogdill, California State Senator and former Senate Republican Leader; Darrell Steinberg, California State Senator and Democratic Senate President pro Tem; and Michael Villines, California State Assembly Member and former Assembly Republican Leader, will be presented with the 2010 Profile in Courage Award in recognition of the political courage each demonstrated in standing up to the extraordinary constituent and party pressure they faced while working with Governor Arnold Schwarzenegger to address California’s severe financial crisis.

In February 2009, amid one of the worst budget crises in California’s history, an imploding economy, and potentially catastrophic partisan deadlock, the state’s Republican and Democratic party leaders came together to address the financial emergency. After weeks of grueling negotiation, the legislative leaders and Gov. Schwarzenegger reached an agreement on a comprehensive deal to close most of a $42 billion shortfall, putting an end to years of government inaction and sidestepping of the difficult decisions necessary to address California’s increasingly dire fiscal crisis. The deal was objectionable to almost everyone; it contained tax increases, which the Republicans had long pledged to oppose, and draconian spending cuts, which brought intense criticism to the Democrats. The two Republicans were ousted from their party leadership positions over the agreement. Voters defeated the budget referendum in May 2009. In June and July of that year, the state began issuing high-interest IOUs to vendors in lieu of payment. In 2010, California continues to struggle with budget deficits that threaten to prolong the state’s fiscal crisis.

From today's Sacramento Bee:

No Evidence of Voter Anger in Down-Ballot Races

by Karl Kurtz

The national headline hype today is all about anti-incumbent fever based on the three high profile U.S. Senate primaries. Below those headlines, though, there wasn't much evidence of voter anger in down-ballot races in Oregon, Pennsylvania, Arkansas, Arizona and Kentucky. There were also some interesting results in races involving people who have been active in NCSL.

In The Oregonian, the headline is "Incumbents fare well in Oregon House and Senate primaries:"

Voters may be cranky with incumbents this year, but they didn't take their anger out on those running for re-election to the Oregon House and Senate.

Nine legislative incumbents survived their primary challenges Tuesday, including veteran Rep. Bob Jenson, who appeared to have won his hotly contested race in eastern Oregon against newcomer Mike Mathisen.

Anti-tax groups from around the state had vowed to unseat Jenson, R-Pendleton, from his House District 58 seat because he voted last year to increase business and personal income taxes on high-earners....

In neighboring House District 57, incumbent Rep. Greg Smith, R-Heppner, also won even though the state's GOP leader said both Smith and Jenson should be kicked out of the party for supporting tax increases.

In Pennsylvania the Philadelphia Inquirer reports:

Two beleaguered former state House speakers from opposite sides of the state hung on to their political careers Tuesday after beating back primary challenges in their home districts, according to unofficial results.

Republican Rep. John M. Perzel of Philadelphia and Democratic Rep. Bill DeWeese of Greene County in southwestern Pennsylvania won and will appear on the fall ballot. Perzel will face Democrat Kevin J. Boyle in November. DeWeese will square off with Republican Richard A. Yeager....

Perzel and DeWeese face corruption charges in separate cases stemming from the state attorney general's Bonusgate investigation. Perzel is charged with using taxpayer-funded computer programs worth millions of dollars to benefit political campaigns. DeWeese is accused of using state-paid legislative staff for campaign-related tasks.

Both are fighting the charges.

Of the 203 House seats in Pennsylvania, 51 had primary races. Five of the 25 Senate primary elections were contested. No incumbents were defeated, although counting was not yet completed in a few races.

In Arkansas, House Speaker Robbie Wills, currently chair of NCSL's Legislative Effectiveness Committee, will face off against state Sen. Joyce Elliott, a member of NCSL's Executive Committee, in a Democratic party runoff for the U.S. House of Representatives. Former House speaker and current state Sen. Shane Broadway was unopposed for the Democratic nomination for lieutenant governor, and House majority leader Steve Harrelson won the Democratic primary for a state Senate seat.

In Kentucky, all five senators who had opposition won their primary elections, including Senate President David Williams. Of 14 House members who were challenged, only two were defeated--Rep. Ancel "Hard Rock" Smith (D) and Rep. Charlie Siler (R).

In Arizona, voters approved a temporary three-year sales tax increase of one cent by a margin of approximately two to one.

Deontology and Ethical Values in Algeria

by Peggy Kerns

Why are these people in the photo enjoying themselves?  Because they are discussing ethics!  These members of the Algerian Parliament are analyzing an ethical dilemma in a workshop NCSL faculty recently presented in Algiers to the Algerian Parliament and staff.  The photo shows a wonderful moment.  The men called out, “We need a woman!” So a woman joined the group to discuss the case of a parliamentarian who devotes long hours to his public duties and fears he neglects his family.   

The faculty included former Kansas State Senate Majority Leader Lana Oleen; Counselor Rebecca Lennahan, former Colorado Office of Legislative Legal Service Staff; and Peggy Kerns, director of NCSL’s Center for Ethics in Government and former Colorado representative.  We were accompanied by Christy Delafield, project coordinator, NCSL International Programs and hosted by Dr. Boualem Tatah, Director of the Department of Legislative Training and Research of the Algerian National Assembly.  The project is funded through the U.S. Department of State, Bureau of Near Eastern Affairs, Office of the Middle East Partnership Initiative (MEPI).

The purpose of the 2-day workshop, Parliamentary Ethics and Deontology of Elected Officials in the Exercise of their Mandates, was to guide participants to acknowledge their own ethical values and how they apply these values to their personal and political lives.  We also offered tools for participants to use in making ethical decisions when these values might be in conflict.  Dr. Tatah chose the word “deontology” to identify best practices in ethics.

The faculty led the MPs (members of parliament) and staff in discussions, translated into French and Arabic, of why ethics is important in the public sector, definitions of ethics, and the difference between ethics as laws and ethics as values. Highlights included viewing of NCSL’s video, Reflections: Being Ethical in Today’s Legislature and an exercise where participants brainstormed and then voted on their top six ethical values and described their meaning.  Becky Lennahan followed with a description of the process she and other NCSL members used when they developed the Model Code of Conduct for Legislative Staff. 

There's an App for Legislative Junkies

by Pam Greenberg

TVW, the C-SPAN of Washington state, just announced a new application that allows iPhone users to watch live television streams and live and archived TVW webcasts and produced programs.  Simply visit www.tvw.org with an iPhone browser and the website will automatically be optimized for the iPhone.  The iPhone application is TVW’s latest effort to make the site more accessible to more citizens through multiple platforms, says Greg Lane, TVW’s President.

TVW is in tune with a growing trend--people increasingly are using smart phones to access the Internet.  Thirty-two percent of respondents to a November and December 2009 Pew Research Center Internet & American Life Project survey said they use their cell phone or Blackberry or other device to access the Internet.  That compares to 19 percent in December 2007. In an April 2009 Pew Internet report, 46 percent of respondents said that mobile access is very important to them for getting online information on the go. 

TVW has been a pioneer in providing other applications, such as its embedding feature, which lets website owners embed a TVW video or audio event on another website in its entirety while TVW’s servers stream the content.  A segment of a recorded TVW event also can be highlighted with a specific start and stop time, but viewers have access to the full video clip, so information is not taken out of context.

Of course, some legislatures have videos on YouTube or YouTube channels (listed here) that can be viewed on mobile devices, and some states are optimizing other kinds of legislative content for handhelds.  Kentucky provides an iPhone friendly site, and other legislative sites are optimized for the BlackBerry or other devices, including the Pennsylvania House Democrats’ website, and websites for the Texas Legislature, the South Carolina Legislature and the Washington Legislature. 

 

A New Portal for Parliamentary Development

by Karl Kurtz 

Legislative junkies with a worldview (or those who want to develop one) might be interested in the new AGORA Portal for Parliamentary Development. Sponsored by fourteen organizations that are involved in legislative strengthening around the world, AGORA is designed to be an online meeting place (in Greek agora means a place of congregation or marketplace) and information sharing tool.

AGORA has three main objectives: to act as a hub of information and expertise on parliamentary management and parliamentary development programmes; to promote the global streamlining of parliamentary development activities and advocate for parliamentary development worldwide; and to consolidate knowledge and expertise by creating an active online community for those working in parliaments and in the field of parliamentary development.

AGORA has useful collections of information on parliamentary strengthening, the parliamentary institution, parliament and development policies, standards for democratic parliaments, parliaments and anti-corruption and parliaments and elections.

To become a member of AGORA, click on "Login to AGORA" on the home page, then on "Request a membership."

New Mexico's Paula Tackett Announces Retirement

by Karl Kurtz

Paula Tackett, director of the New Mexico Legislative Council Service for 22 years and a long-time friend of NCSL, recently announced her retirement, effective in June of this year. From the Santa Fe New Mexican:

Tackett, a native of Albuquerque who has lived in Santa Fe for more than 30 years, is the daughter of former state Supreme Court Justice Paul Tackett. Like her dad, she chose the profession of law. She graduated from The University of New Mexico School of Law in 1977 -- in the same class with Tom Udall, now a U.S. senator.

She clerked for state Court of Appeals Judge Romaine Lopez and Supreme Court Justice Edwin Felter before going into private practice with White, Koch, Kelly & McCarthy.

One of her favorite duties with the firm was lobbying the Legislature. Tackett's clients included Northern New Mexico Community College.

"I discovered that the Legislature was the time of the year I loved the most," Tackett said. So in 1982 when she was offered a job of staff attorney with the Legislative Council Service, she couldn't turn it down. In the mid-80s, Tackett was promoted to assistant director of the LSC, working under longtime director Clay Buchanan. When Buchanan died in 1988, Tackett was hired to replace him.

"I love the legislative process," she said. "I'm not an adversarial person. I love the Legislature because it's about compromise."

Tackett soon learned the LCS had responsibilities that went beyond legal research and the drafting of bills.

"During the renovation, I learned that I like building things," she said, referring to the period in the 1980s when the Roundhouse underwent a major face-lift.

The agency is even involved with the arts. Tackett helped set up a foundation so artists and collectors could donate paintings and sculptures that enliven the walls and halls of the Roundhouse.

Paula was actively involved with NCSL throughout her career, serving on the Executive Committee, 1996-99, and chairing various committees and task forces.

Paula was honored as "2010 Public Lawyer of the Year" by the New Mexico Bar Association with this citation:

She has come to be known as the institutional memory of the legislature and has spent countless hours mentoring attorneys as well as educating law students and the public to enhance open access and knowledge of the legislative process.

That's a fitting tribute to one of the finest legislative institutionalists in the country. Take care in retirement, Paula.

Raul Burciaga, previously a deputy under Paula, has been named to succeed her as director.

Photo credits: M.G. Bralley and State Bar of New Mexico

Open Graph Means What?

By Meagan Dorsch

Open Graph. It's a term that's only a few weeks old, but is making a big splash on the Internet. 

CNN says this new social paradigm is turning the web into a big on-line cocktail party. The founders of Facebook initially collaborated with some of the biggest players on the Internet (ESPN, CNN, Yelp) to create Open Graph.

Open Graph allows you to post things that you "like" to your Facebook account, while being on other websites. If you've read an article on ABC News or listened to a song on Pandora lately, you might have noticed the iconic Facebook graphic for "like it" (a little thumbs up) or seen your Facebook profile open up on the side of some websites. Just click it, and the information is recorded on your Facebook page and goes out as a post to your friends and networks.

But this new technology is not a one way street. In addition to you being able to share articles, pictures or blogs with your friends, the websites you visit also can grab the information stored in your Facebook profile and even your list of friends.

PC World said in its article that changing your privacy settings on Facebook "can become a full time job." If Open Graph is not what you're looking for at this time, you might want to opt-out. Facebook and the articles mentioned above all lay out steps to do this. 

The National Conference of State Legislatures is currently tracking the number of legislative social media sites across the country, along with policy for use on these sites. According to Facebook, legislators or legislatures can now add the Open Graph code to their own website. This may be a way to heighten the visibility of your own website across Facebook, which boasts over 400 million active users.

Even though many of us may question the new Facebook feature, I don't think we can ignore the impact it could have on the Web and how we will interact with each other. Not to mention, social media sites (like Facebook, FourSquare and Twitter) are living up to their name...and becoming more social...whether we like it or not. 

Landmark Court Decision on Separation of Powers in Minnesota

From Stateline.org:

A ruling Wednesday (May 5) by the Minnesota Supreme Court has the potential to rip a $2.7 billion hole in the state budget with just 11 days to go in the legislative session. It also sets up a showdown between the Democratic-led Legislature and Republican Governor Tim Pawlenty, who has vowed not to raise taxes.

By a vote of 4-to-3, the state’s highest court ruled that Pawlenty exceeded his authority last year when — using a budget maneuver called “unallotment” — he unilaterally cut a state program for those with special dietary needs. The maneuver drew instant rebukes from Democrats in the Legislature at the time, and on Wednesday, the court ruled against the governor in an opinion written by one of Pawlenty’s own appointees, his former law partner.

Although the ruling specifically addresses only the $5 million state nutrition program that Pawlenty cut, the governor used “unallotment” powers to cut an overall total of $2.7 billion last year. Those deep cuts now could be called into question because of the high court’s opinion, according to the St. Paul Pioneer-Press. They include a $1.8 billion delay in aid for schools.

Democrats hailed the decision as an important check on the power of the governor, and the Minnesota Star-Tribune said it is “widely seen as one of the most significant rulings in state history.”

A further story today says that Gov. Pawlenty has called an emergency cabinet meeting to plan for a possible government shutdown as a result of the ruling and his inability to reach a budget agreement with the Legislature.