What Went Down In The 2018 Midterms

The success of the Florida ballot initiative to restore many felons’ voting rights may have gotten the most attention, but criminal justice reform advocates won a string of other victories on ballot initiatives last night.

• Deep-red Louisiana voted “yes” on an amendment to end a Jim Crow law that allowed non-unanimous juries in felony trials.
• Voters in Washington state passed an initiative that could make it easier to prosecute police for negligent shootings.
• In Oregon, voters rejected an effort to repeal the state’s sanctuary law, which limits the extent to which local law enforcement can cooperate with federal immigration officers.
• And Coloradans voted to remove language in the state constitution that allows prison labor without pay.

As I noted last night, though, it was also a good night for another set of criminal-justice ballot initiatives that are controversial in some corners. “Marsy’s Law” snagged victories in all six states where it was on the ballot. Referred to as a “crime victims’ bill of rights,” the law gives crime victims more control of their participation in trial proceedings — but it’s also been criticized by some who say it could undermine defendants’ rights.

According to an email update from Ballotpedia, if Brian Kemp does indeed win the Georgia gubernatorial race, there will be 37 state-government trifectas (or single party control of the governorship, state Senate and state House). Republicans will control 23 state governments, while Democrats will control 14. And an amazing stat from the National Conference of State Legislatures: Only one state legislature is split in control between Democrats and Republicans (i.e., one party holds the Senate, the other party holds the House) — Minnesota. It’s the first time that’s happened since 1914.

The popularity of Medicaid expansion was on full display last night. Voters in three states chose to expand the program to those with incomes 133 percent below the federal poverty line. Idaho’s measure passed by a wide margin, with 61 percent in favor, while 53 percent voted in favor in Nebraska. In Utah, the measure is projected to pass, and currently has 54.1 percent of the vote with 75 percent of precincts reporting.

But as I mentioned last night, there are other states where governors race results might renew a push for Medicaid legislation as well. The Kansas legislature voted to expand Medicaid in 2017, but the bill was vetoed by former Republican Gov. Sam Brownback. However, Democrat Laura Kelly’s win in the governor race last night could mean another attempt in the state. And in Maine, where voters chose to expand Medicaid on a 2017 ballot measure but Republican Gov. Paul LePage refused to implement it, newly elected governor Democrat Janet Mills could see that expansion through.

But in Montana, where voters decided whether or not to make its 2015 expansion permanent and paid for by a tax on tobacco, $17 million in opposition spending by big tobacco appears to have paid off: 54 percent of Montanans voted against the measure.