Thursday, July 7, 2022

POLITICO Massachusetts Playbook: Injunction juncture

 

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BY LISA KASHINSKY

PROGRAMMING NOTE: Massachusetts Playbook will not publish Friday, July 8. I'll be back in your inbox on Monday, July 11.

KEEP OR TOSS — The Supreme Judicial Court is weighing whether to block the state’s new law making expanded early voting and no-excuse mail-in voting permanent.

A group of Republicans led by MassGOP Chair Jim Lyons and secretary of state hopeful Rayla Campbell are challenging the constitutionality of the law and seeking an injunction to stop Secretary of State Bill Galvin from sending ballot applications to some 4.7 million voters by July 23.

Michael Walsh, the Lynnfield attorney representing the Republicans, argued during a Wednesday hearing that the VOTES Act that GOP Gov. Charlie Baker signed into law last month violates the rules laid out in the state constitution for absentee voting: that a person is out of town, has a disability or a religious belief that prevents them from voting on Election Day. He said the Legislature overstepped its authority by going beyond the constitution.

Several justices questioned the validity of the Republicans' case, saying "we’re dealing with early voting; it has nothing to do with voting absentee" and that Walsh lacked evidence to back up their assertion that mail balloting is “more susceptible to fraud.”

Galvin and the lawyers representing him from the state attorney general’s office contend that early voting by mail is “different” from absentee voting. And they argue the article in the constitution that lays out absentee voting rules establishes “a floor for what the Legislature can do, not a ceiling.”

Justice Scott Kafker challenged that interpretation, and justices also raised questions about a provision of the new law pertaining to poll workers’ party affiliation.

Galvin told Playbook he’s “not concerned” by the issues justices raised, saying he’s “been before that forum, those judges, so many times now between the last election and now this one” that he’s “used to their approach.” He urged the court to decide the matter quickly and dismissed the Republicans’ complaint as a “political stunt” driven by a pro-Donald Trump faction of the GOP.

Lyons, for his part, remains adamant that the Legislature’s voting reforms are unconstitutional. “The justices were well engaged, asking some good questions. It was an excellent hearing,” Lyons told Playbook. “We’re very grateful the Supreme Judicial Court gave us this opportunity.”

Two of the lawmakers who negotiated the VOTES Act, state Sens. Barry Finegold and Cindy Creem, defended the legislation at an event celebrating its passage Wednesday afternoon. Creem told the Boston Globe she expects the court to rule in the state’s favor.

Virtual SJC hearing on VOTES Act

Massachusetts Supreme Judicial Court justices hear arguments over a Republican challenge to the VOTES Act. | POLITICO screen grab

GOOD THURSDAY MORNING, MASSACHUSETTS. Tips? Scoops? Curious where the fiscal 2023 budget is? Me, too. Let's chat: lkashinsky@politico.com.

TODAY — Rep. Jim McGovern makes several stops as part of his “Summer Food Rocks” tour, including a roundtable discussion at Family Health Center of Worcester at 9 a.m. and a media availability with Project Bread, USDA and DESE reps at 1:30 p.m. at the Mill River Recreation Area in Amherst. Boston Mayor Michelle Wu tours Zumix at 9:30 a.m. and then hosts a media availability on youth mental health.

THIS WEEKEND — Author James Kirchick is on WBZ’s “Keller @ Large” at 8:30 a.m. Sunday.

 

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YAHD SIGNS AND BUMPAH STICKAHS

— FIRST IN PLAYBOOK: Chris Dempsey has been endorsed for auditor by state Rep. Mike Connolly and all nine members of the Cambridge City Council; Connolly and a few council members will join Dempsey for a standout at 8 a.m. in Central Square.

— FIRST IN PLAYBOOK: Suffolk District Attorney Kevin Hayden has been endorsed for a full term by Boston City Councilors Erin Murphy and Frank Baker . “Maintaining public safety while implementing needed reforms should not be mutually exclusive,” Murphy said in a statement. “As a former public schools teacher, Boston city councilor, and mom raising my family in Dorchester, I want a district attorney who will ensure our neighborhoods are safe while working to make the system better for everyone.”

— ENDORSEMENT RECAP: The 115,000-member Massachusetts Teachers Association has endorsed state Rep. Tami Gouveia for lieutenant governor, Shannon Liss-Riordan for attorney general and state Sen. Diana DiZoglio for auditor. The group previously endorsed Attorney General Maura Healey for governor, and has also endorsed state Rep. Jake Oliveira for Hampden, Hampshire and Worcester state senator.

THE LATEST NUMBERS

— “Massachusetts reports 1,115 new COVID cases, virus hospitalizations rise,” by Rick Sobey, Boston Herald: “State health officials on Wednesday reported 1,115 new COVID cases as the positive test rate remained higher and virus hospitalizations also jumped.”

DATELINE BEACON HILL

— “Massachusetts lawmakers seek to slash high cost of child care in Massachusetts with larger subsidies for working families,” by Alison Kuznitz, MassLive: “The Massachusetts Senate on Thursday is poised to pass a bill enabling more middle-income Bay Staters to qualify for child care subsidies, with a phased scale designed to move the current eligibility threshold from 50% of state median income to 125%, or from $65,626 to $164,065 for a household of four. … Senate Ways and Means Chairman Michael Rodrigues, when asked whether he’s confident the House will manage to tackle the bill before the end of July, told MassLive, ‘Why not?’”

TRACK THIS: The joint Transportation Committee will hold its oversight hearing of the MBTA’s safety issues at 10 a.m. July 18, the chairs, state Rep. Bill Straus and state Sen. Brendan Crighton, announced Wednesday. It’s unclear who will testify.

— "MTF Estimates 'Historic' Budget Surplus Of $3.6 Billion," by Colin A. Young, State House News Service (paywall): "The Department of Revenue is still counting, but the budget watchers at the Massachusetts Taxpayers Foundation expect that the Legislature will have a surplus of $3.6 billion when the final accounting of the fiscal year that ended last week is complete."

VAX-ACHUSETTS

— “State officials are pondering reducing COVID-19 reporting frequency to weekly,” by Martin Finucane and Camille Caldera, Boston Globe: “State officials are considering reducing the frequency of reporting of COVID-19 cases, vaccinations, and other data, numbers that have been closely followed by many Massachusetts residents during the pandemic. Officials are engaged in internal discussions and giving 'serious consideration' to reducing the reporting from five days a week to once a week, said Dr. Catherine Brown, state epidemiologist at the Department of Public Health.”

State Sen. Jo Comerford, who co-chairs the Legislature’s Covid-19 oversight committee, told Playbook that’s “a fine move at this point” because the state will still be collecting data daily and Health and Human Services Secretary Marylou Sudders has “indicated a very strong willingness to go back to a daily report” should the need arise.

Comerford said it also seems like a “reasonable” move with the state working to expand wastewater testing — a leading indicator of infection rates, as opposed to positive test results, which are a lagging indicator and don’t include positive results from rapid tests taken at home.

— “Massachusetts launches vaccination effort to curb spread of monkeypox,” by Priyanka Dayal McCluskey, WBUR: “Officials at the state Department of Public Health said they received 2,004 doses of the vaccine, known as JYNNEOS, from the federal government, with more expected in the coming weeks. The doses went to four health care providers, who were allowed to begin vaccinations Wednesday.”

FROM THE HUB

— “Boston to spend $20 million to expand pre-K program,” by Stephanie Ebbert and Adria Watson, Boston Globe: “Boston will expand its universal pre-kindergarten program and incorporate family providers into the child care network for the first time, Mayor Michelle Wu announced Wednesday, reaffirming Boston’s commitment to becoming ‘the most family-friendly city in the country.’ The expansion comes through a $20 million investment by the city’s public schools, its universal pre-K Program, and its Office of Early Childhood to bring more private and nonprofit child care centers into the program.”

— “Man who alleges he was assaulted by white nationalist group in Boston calls for investigation into police response,” by Nick Stoico, Boston Globe: “A man who says he was assaulted by members of the white nationalist group Patriot Front in Boston over the Fourth of July weekend is calling for an independent investigation into what he and his advisors described as a failure by police officers to intervene and make arrests as the alleged attack was unfolding. Charles Murrell III, a local artist and activist, and two local ministers, the Rev. Kevin Peterson and the Rev. Miniard Culpepper, said they met with Boston Mayor Michelle Wu at the Bruce C. Bolling Municipal Building in Roxbury on Wednesday afternoon.”

ROE FALLOUT

— “With Roe overturned, criticism of crisis pregnancy centers intensifies,” by Stephanie Ebbert, Boston Globe: “On Wednesday, Attorney General Maura Healey issued a consumer advisory about crisis pregnancy centers — which often locate near abortion clinics and use similar names, but do not provide abortion, or typically contraception — and she encouraged anyone who had a negative experience at one to contact the office’s civil rights division.”

— “Mass. Planned Parenthood workers vote overwhelmingly to unionize,” by Maggie Peterson, GBH News: “With an overwhelming 98% vote, about 200 employees — ranging from frontline health care workers to patient navigators — will become members of Local 1199 of the Service Employees International Union. They had been talking with Local 1199 since the start of the year and filed with the National Labor Relations Board in mid-May. Workers at the Planned Parenthood League of Massachusetts maintain that a union is necessary to retain staff in the face of the Supreme Court’s recent ruling that overturned Roe v. Wade and the likely influx of people seeking abortions in Massachusetts after other states ban the procedure.”

 

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PLANES, TRAINS AND AUTOMOBILES

— "Three T derailments in three days. Lots of questions. A curious delay," by Taylor Dolven, Boston Globe: "The MBTA and its state oversight agency, the Department of Public Utilities, drew up statements to provide the public with details about the incidents, but they never saw the light of day after they were sent to the governor’s office for review. ... Spokespeople for Governor Charlie Baker, the T, and the DPU say far from obscuring derailments, they were vetting information about them, making sure they knew exactly what happened before releasing more details publicly."

BALLOT BATTLES

— “Dentist sued by AG for deceptive billing hopes to change billing laws,” by Matthew Medsger, Boston Herald: “An orthodontist sued by the attorney general last year for bilking millions from MassHealth and keeping kids in braces for longer than medically necessary has submitted enough signatures to ask voters to change the way dental billing in the state is structured.”

THE LOCAL ELECTIONS ROUNDUP

— “Senate candidate vows to fight for state funded cancer screenings for firefighters,” by Corina Wallenta, WWLP: “Senate candidate Sydney Levin-Epstein announced Wednesday that she would fight for state-funded cancer screenings for all first responders, if elected.”

FROM THE DELEGATION

— “US Rep. Richard Neal accompanies President Joe Biden on Air Force One to Cleveland for pension speech,” by Jim Kinney, Springfield Republican: “U.S. Rep. Richard E. Neal joined President Joe Biden and Labor Secretary Marty Walsh Wednesday on Air Force One on a trip to Cleveland touting the $1.9 trillion American Rescue Plan Act and its protection of pension plans. The Butch Lewis Act was the first piece of legislation introduced by the Springfield Democrat as chairman of the House Committee on Ways and Means. It stabilizes multiemployer pension plans benefiting union workers in transportation, construction, entertainment and other industries.”

— “Democratic senators ask Biden to reclassify cannabis, pardon nonviolent offenders,” by John Wagner and Mariana Alfaro, Washington Post: “The senators — Elizabeth Warren (Mass.), Edward J. Markey (Mass.), Bernie Sanders (Vt.), Kirsten Gillibrand (N.Y.), Ron Wyden (Ore.) and Cory Booker (N.J.) — sent a letter to Biden on Wednesday calling on him to use his authority to pardon ‘all individuals convicted of non-violent cannabis-related offenses’ and to remove cannabis’s classification as a Schedule I drug under the Controlled Substances Act.”

FROM THE 413

— “Gov. Charlie Baker: Permanent solution to troubled Springfield courthouse will take time,” by Patrick Johnson, Springfield Republican: “Gov. Charlie Baker said he is confident the state’s slow, methodical approach to finding a long-term solution to the troubled Roderick L. Ireland Courthouse is correct, while some have called for it to be faster.”

— More: “‘This is disgusting’: Springfield courthouse ‘deep clean’ leaves dust, bugs behind,” by Jim Kinney, Springfield Republican.

— “Amherst swears in new community responders,” by Scott Merzbach, Daily Hampshire Gazette: “The new department will be responsible for handling all situations involving mental health issues, homelessness, substance abuse, trespass, truancy, wellness checks, youth and schools, though its exact role in public safety will be defined once the responders begin working in town.”

— “Amherst police investigate white supremacist flyers found in neighborhood,” by Scott Merzbach, Daily Hampshire Gazette: “On Sunday morning, the flyers from the group calling itself the Nationalist Social Club, a ‘pro-white, street-oriented fraternity,’ were turned over to police after being discovered by a woman walking her dog, said Police Chief Scott Livingstone. … Police in both Hamilton and Chatham issued advisories this week about similar literature being distributed in their Massachusetts towns, with the flyers placed in plastic baggies.”

DATELINE MERRIMACK VALLEY

— “Homelessness persists as city cleans up encampments,” by Terry Date, Eagle-Tribune: “Years of trash accumulated at multiple sites by the Merrimack River is the tip of the iceberg when it comes to a persistent and growing homeless problem in Lawrence. … Mayor Brian DePena said the city’s homeless problem has been in the making for years, and he has seen numerous destitute people dropped off in the city. He and City Councilor Marc Laplante said a solution to the problem will take a concerted effort, involving other municipalities and the state.”

MEANWHILE IN NEW HAMPSHIRE

— “Sen. Maggie Hassan's re-election campaign says it raised record amount in 2nd quarter,” by Adam Sexton, WMUR: “Sen. Maggie Hassan is posting another record-breaking fundraising number in her bid for re-election. Hassan's campaign tells News 9 it took in more than $5 million in the 2nd quarter of this year, from April to June. … According to the campaign, it's also the third-highest fundraising quarter in state history.”

HEARD ‘ROUND THE BUBBLAH

TRANSITIONS — MassINC alum Stacy Kaplowitz is joining affordable housing firm Lincoln Avenue Capital as VP/managing regional project partner.

— Matthew Fitzpatrick has been hired as a field organizer for Rahsaan Hall's campaign for Plymouth County district attorney.

WEDDING — Mary Monica Allen, head of government affairs for Epirus, and Lt. Dan Palmer, a Naval aviator, got married on June 18 on Cape Cod. The two met in D.C. Pic

HAPPY BIRTHDAY — to Bryan Bowman, Megan Wessenberg, Mike Rigas, Roselle Chartock, Melisse Morris, Vanessa Gatlin, Tim Murray and Northeastern’s Mike Ferrari, a Beacon Hill and Capitol Hill alum.

HAPPY LONG BIRTHWEEKEND — to Amy Sennett, Samuel Weinstock, Andy Flick, William LaRose and Maddie James, who celebrate Friday; to Brittany Webb of state Sen. Cindy Creem’s office, Rachel Dec, Ryan Boehm, Boston Globe alum Wesley Lowery, George-Alexander Attia and MassGOP alum Madeleine Cammarano, who celebrate Saturday; and to Sunday birthday-er Edie Mead Holway.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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