2014 MIDTERM
ELECTIONS DEBRIEF
What do the election results mean for death penalty
abolition efforts around the country?
Sone PROJECT
Welcome!
- Goals of this call:
» 1) Review the election outcomes in priority repeal states
» 2) Assess the outcome of Gubernatorial races, as well as a few key
local races
» 3) Media coverage of the death penalty this cycle
» 4) Key takeaways
National Outcomes
» The Republican Party took control of the U.S. Senate
- Increased their majority in the House of Representatives
» Captured Governorships in key battle ground states
By the end of the night, it was clear that the Republicans
had stolen the Democrats’ lunch.
New Hampshire
Last year, the New Hampshire House passed a repeal bill by a vote of
225 to 104. The Senate, however, voted 12-12 on the repeal bill,
leading to a very narrow defeat.
The good news:
» Governor Maggie Hassan (D) was re-elected. Hassan has said she
would sign a repeal bill.
The bad news:
» THE SENATE: It seems unclear if Tuesday’s election will result in the
one vote increase we need in the Senate to pass this bill.
» THE HOUSE: Tuesday’s election resulted in huge shift in the New
Hampshire house, giving the Republicans control. They now have
237 seats in the 400 seat House. (This is not a final number since
some races are still counting ballots!)
Kansas
Last year, the Kansas legislature introduced a repeal bill and held a public hearing
on the death penalty.
The good news:
- Two Kansas State Supreme Court Justices were re-elected despite their role in
reversing the death sentences of the notorious Carr brothers.
The bad news:
» Proponents of eliminating appellate rights for death row prisoners have promised
to pursue such legislation in 2015.
What remains to be seen:
» There is growing interest — from a conservative perspective — in repealing the
death penalty in Kansas. But the state is dominated by Republicans, many of
whom are strong death penalty supporters. No senators were up for election this
year, which means that Republicans hold onto a supermajority in the Senate
(32-8). Dems lost seats in the House holding only 27 on the 125 seats.
> With Governor Brownback’s recent re-election (which included troubling
statements about the above-referenced Carr brothers) and no Senate elections to
change the support or opposition from last year, it remains to be seen what the
many latent expressions of discomfort with executions will translate into.
Colorado
Last year a repeal bill in Colorado was met with opposition from
a key Dem legislator who filed a referendum to put the issue in
front of voters. Additionally, this effort coincided with Gov.
Hickenlooper’s controversial decision to grant Nathan Dunlap a
reprieve.
The Good News:
» Governor Hickenlooper was re-elected! This ensures there will
be no executions in CO in the next four years, and also sends a
powerful message nationally.
The Bad News:
- While Democrats were able to hold onto the House, they lost
their majority in the Senate, 18-17.
Delaware
In 2013, the Delaware Senate voted to repeal the death penalty by a vote of 11-10. Even
though the campaign had the votes in the House and a promise by the Governor to sign the
bill, the Chair of the House Judiciary Committee stalled the bill in 2014, not allowing it to
advance. Gov. Markell was not up for re-election this year.
The good news:
» All of the legislators who voted for repeal in the Senate held onto their seats, and one “no”
vote lost this seat, so there is the possibility of picking up one vote.
» The problematic House Judiciary Chair, who was not a supporter of the repeal bill, did not
run for re-election, and it is possible that a supporter of death penalty repeal could be
appointed to chair this important committee.
» The Dems maintained majorities in both the Senate and House.
The bad news:
» The DE House may have lost at least one “yes” vote, though it remains to be seen if the
Republican replacing this legislator might be persuaded to vote yes. Also, we don’t yet
know if committee assignments may cause obstacles. There remains strong opposition to
repeal from law enforcement, and it is unclear whether the House leadership or
committees can be persuaded to let a repeal bill advance this year.
Nebraska
In 2013, the Nebraska Unicameral had enough votes to pass repeal
legislation, but a Governor initiated filibuster prevented a vote. Thirty-
three votes are needed to end the filibuster. During the filibuster
debate, 23 Senators stood up to make impassioned speeches in favor
of repeal and 28 senators voted to end the filibuster.
The good news:
» There were a number of carryover ‘yes’ votes in the Nebraska
Senate.
The bad news:
» While Gov.-elect Pete Ricketts appointed a Lt. Gov. who is pro-repeal,
Ricketts is not yet pro-repeal. The key questions are: Can he be
persuaded to support repeal, and will he attempt to block legislation
like his predecessor?
On
Washington
Gov. Jay Inslee, who was not up for re-election, declared a
moratorium on executions in the state last year.
The good news:
- The Democrats have maintained control of the House
The bad news:
» The Democrats have lost their numerical advantage in the
Senate by losing one seat to the Republicans. However, the
balance of power hasn’t changed much because in 2014 two
Dems caucused with Republicans to form the Majority Coalition
Caucus (24 Rs + 2 Ds). The Senate now stands at 24 Dems
and 25 Republicans, but one of those “Dems” previously
caucused with Republicans.
Oe
Governors: WINS
These Govs are publically opposed or taken action against the DP and were re-elected
> California
Democrat Jerry Brown was re-elected by a margin of nearly 19 points. Brown has been a lifetime opponent of
the death penalty. He voted for Prop 34 in 2012.
» Pennsylvania
Democrat Tom Wolf was elected governor of Pennsylvania, beating incumbent Tom Corbett by a significant
margin. Wolf has pledged to enact a moratorium on executions at least until the findings of the state’s study
commission are released.
» Oregon
Democrat John Kitzhaber was re-elected by the voters of Oregon. In 2011, Kitzhaber declared a moratorium
on executions in Oregon.
» Colorado
Governor John Hickenlooper in Colorado was re-elected in a hotly contested race against Republican
challenger Bob Beauprez. In 2013, Gov. Hickenlooper granted an indefinite reprieve to Nathan Dunlap who
was set to be executed. In the last year since this decision, Gov. Hickenlooper has on many occasions
continued to voice concerns and general opposition to the death penalty. The Hickenlooper campaign even
withstood direct attacks from the Beauprez campaign about his decision to grant the Dunlap reprieve.
» Connecticut
Democrat Dan Malloy fended off a challenge from his Republican opponent Tom Foley. Malloy signed a bill to
repeal the death penalty in 2012. Foley is a supporter of the death penalty, though the issue didn’t seem to get
much attention during the race.
Oe
Governors: LOSSES
> Illinois
Democrat Pat Quinn lost to his Republican challenger Bruce
Rauner. Quinn signed a bill to repeal the death penalty in 2011.
Rauner spoke in favor of reinstating the death penalty during the
debates, though it didn’t appear to be much of an election issue.
- Florida
Republican Governor Rick Scott narrowly defeated a challenge
by now-Democrat Charlie Crist. Scott has been an avid death
penalty supporter, and signed the Timely Justice Act in 2014.
We had hoped Crist would be more open to the idea of slowing
down the pace of execution in Florida. The likely new Chief of
Staff for the governor is very pro-death penalty.
Local Races
Texas — DA Races
There were contested DA races in both Harris and Dallas
Counties, where Dem candidates lost to Republicans. We
hope that these losses do not reverse the positive death
sentencing trend from TX.
» Harris County DA - Kim Ogg lost
- Dallas County DA- Craig Watkins lost
Kansas - Judicial Races
Two Supreme Court Justices who reversed the notorious
Carr brothers death sentences were up for retention
elections and won.
Oe
Ballot Measures — WINS!
Other Criminal Justice-Related Propositions
Marijuana Legalization WON in:
» Oregon
- D.C.
» Alaska
- Prop 47 in California passed which reduces simple drug
possession and other non violent offense from felony to
misdemeanor
Media Coverage
The media only focused heavily on the issue of the death penalty in two races this cycle:
Colorado Governor
» Despite being repeatedly attacked for granting Nathan Dunlap a reprieve and changing his
position in the death penalty, Gov. Hickenlooper was re-elected—demonstrating the
weakness of those attacks. Only 3% of CO voters indicated that the death penalty was the
deciding issue for them in this race.
Kansas Governor
» Gov. Sam Brownback attacked his opponent Paul Davis by claiming that Davis would appoint
liberal judges—the kind that overturned the death sentences of the Carr brothers--if elected.
While Gov. Brownback was re-elected, so were two of the “liberal” Kansas Supreme Court
justices who overturned the Carr brothers’ death sentences—indicating that Brownback’s win
has more to do the Republican wave and the political dynamics in Kansas than his position
on the death penalty. Paul Davis also supports the death penalty.
Takeaway
» The fact that the death penalty almost never came in most of the races is telling. (CT, NH, IL,
CA)
» The death penalty is no longer the lightening rod issue it once was —the power of these
attacks is fading. While it might be a few years before this type of ad totally disappears, it’s
clear these ads don't have the salience or impact they once had.
Key Takeaways
» Our traditional base of supporters (liberal/Dems) took a big hit this election cycle
both at the national and state level.
- Both parties have an eye on 2016. The Dems will push to regain majorities where
they lost them, and Republicans will try to hold onto majorities.
» Now that Republicans control the U.S. Senate, we must be vigilant (as always) on
threats that may emerge from Congress.
» Outreach to conservatives in the next two years is critical. (We were smart to
begin this investigation/outreach years ago)
» HOWEVER, the fact remains that we have only won repeal in states with Dem
majorities and a Dem Gov. If there was ever a year to change this trend, it’s NOW!
» We were prepared for this. Shifting our national strategy to focus on other goals
(reduce use, etc.) was due in part to the realization that a dearth of states remain
where repeal is possible. This midterm election validated our shift.
» NOW is the time to begin thinking about 2016 General Election...
Oe
Questions/Comments?
Let us know!
Ana Zamora
Policy Director
azamora@8thamendment.org
Steve Saloom
Director of Partner Outreach and Legislative Practice
ssaloom@sthamendment.org
Stefanie Faucher
Communications Director
sfaucher@8&thamendment.org
