Federal Updates
The AACS Government Relations Committee and its federal advocacy team at Duane Morris LLP represents the interests of AACS members in Congress. The GRC, through the Duane Morris team, provides a bi-weekly Washington Update to AACS membership that provides the most relevant information about what is happening in Congress and at the Department that may impact your school. We encourage all AACS members to read the Washington Update to keep up to date on developments and calls to action. We urge each and every AACS member school to set up a call with the Senators and House members who represent your school locations, and consider hosting a fundraiser. We will make it easy for you. Just call our lead advocate, Katherine Brodie at Duane Morris LLP in Washington, D.C. to learn how you can get more involved and help make a difference to your school, employees and students. Katherine can be reached at: kdbrodie@duanemorris.com or (202) 776-5241.
State Update
Republicans to Control 30 State Legislatures in 2021
Last week, Americans voted on critical down ballot races that will have a significant impact on policy for years to come.
Going into the election, Republicans controlled 29 state legislatures (59%) and Democrats controlled 19 state legislatures (38%). Minnesota had a split legislature – the Senate was held by Republicans and the House by Democrats – and Nebraska’s unicameral legislature is non-partisan.
On Election Day, Democrats underperformed and did not flip a single legislative chamber in their favor. Republicans however took full control of Alaska’s House of Representatives and both chambers of New Hampshire’s legislature. Minnesota will remain the only state in the nation with split-party control in a two-chamber legislature albeit with closer margins in both legislative chambers.
Democratic strategists have identified two main factors behind their failure to gain seats: the surge of turnout among Trump’s base that public and private polling failed to capture, and the pandemic, which might have had a disproportionate impact on down-ballot Democratic campaigns. According to The Atlantic, there was no state where the outcome was more disappointing for Democrats than Texas, “which they had made a presidential battleground for the first time in decades only to see Biden lose by nearly six points. After picking up 12 seats in the state House in 2018, Democrats could not make a dent in the nine more they needed to capture the majority.” One strategist indicated that in addition to the factors above, Vice President Biden’s comments in the second presidential debate about transitioning “away from the oil industry” hurt Democrats in the Rio Grande Valley.
The results of this year’s election determined who will be drawing the geographical boundaries of both Congressional and state legislative districts in key states. That is because states draw new electoral maps every decade based on census population data, and the boundaries play a significant role in determining which party controls Congress and state legislatures.
Once all the 2020 state legislative races have been called, Democrats are expected to unilaterally draw the boundaries of just 76 districts, while Republicans will likely be able to unilaterally draw 181 Congressional Districts. Over half of them will be in Florida, Georgia, North Carolina and Texas – states that Democrats targeted – but were ultimately unsuccessful in flipping a legislative chamber. North Carolina Governor Roy Cooper, a Democrat who was re-elected last week, is irrelevant in redistricting because he has no power to sign or veto the plans passed by the legislature.
On the Gubernatorial level, it was mostly a status quo election. All incumbent Governors were re-elected. The only state that flipped was Montana where Republican Congressman Greg Gianforte defeated Democratic Lieutenant Governor Mike Cooney. Attorney General races yielded a similar status quo result with the North Carolina race between Attorney General Josh Stein (D) and Republican Heather Heidelbaugh remaining uncalled despite a 11,000-vote lead for the incumbent.
Finally, AACS monitored state ballot measures that may be of interest to member schools. These include:
California Proposition 24
This initiative would permit consumers to: (1) prevent businesses from sharing personal information; (2) correct inaccurate personal information; and (3) limit businesses’ use of “sensitive personal information”—such as precise geolocation; race; ethnicity; religion; genetic data; union membership; private communications; and certain sexual orientation, health, and biometric information. Changes criteria for which businesses must comply with these laws. Prohibits businesses’ retention of personal information for longer than reasonably necessary. Triples maximum penalties for violations concerning consumers under age 16. Establishes California Privacy Protection Agency to enforce and implement consumer privacy laws, and impose administrative fines.
Colorado Proposition 118
This initiative would create a paid family and medical leave program consisting, among other requirements, of a maximum of 12 weeks of family and medical leave, with an additional 4 weeks for pregnancy or childbirth complications, for a covered employee who has a serious health condition, is caring for a new child or for a family member with a serious health condition, or has a need for leave related to a family member’s military deployment or for safe leave; requiring job protection for and prohibiting retaliation against an employee who takes paid family and medical leave.
Florida Amendment 2
This amendment would raise the state minimum wage to $10.00 per hour effective September 30, 2021. Each September 30 thereafter, the state minimum wage would increase by $1.00 per hour until the minimum wage reaches $15.00 per hour on September 30, 2026.
Please do not hesitate to contact Brian Newman at bnewman@abingdonstrategies.com or by phone at 202-491-5254 with comments or questions.