Blue States Mull Ways to Blunt Trump Tax Law

     Blue states might have lost the battle to defeat the Republican-controlled Congress’s massive tax code overhaul in December, but some Democrat-leaning states are not yet ready to concede the war. Led by California and New York, states are weighing a variety of options in looking to blunt the impact of the law, which critics contend greatly favors high earners and corporations over lower income and middle class earners.

     

    One of the most controversial tenets of the GOP tax law is a $10,000 cap on the federal deduction for state and local taxes (SALT), which are likely to have the greatest impact in high-earner, high-tax states like California and New York. For example, the 6.1 million Californians who itemized on their 2015 returns – the latest year data is available – took an average SALT deduction of $18,438, meaning they each stand to lose over $8,000 in deductions.

     

    Lawmakers are weighing a variety of options. Those range from challenging the law in court to changing their own state tax codes to enable residents to utilize other federal tax allowances to make up for the deductions they will lose under the GOP plan.

     

    Of the latter, the proposal receiving the most attention to date has come from California Senate pro Tem Kevin de León (D), who has introduced legislation (SB 227) that would create something called the California Excellence Fund. Under the bill, Golden State residents could make a charitable donation to that fund equivalent to their state income tax obligation and in return take a dollar-for-dollar federal tax credit on the full amount of their contribution. With no cap on charitable contribution deductions under the GOP tax law, this would theoretically restore the loss of the SALT deduction.

     

    In a statement, de León compared his proposal to a pair of previous bills he authored (2014 SB 798, SB 174) that allow people to take large deductions for specific charitable contributions. Under those measures, people who make donations to state college affordability grants, such as the Cal Grant program, may take a 50 percent state tax credit, while private property owners who grant an easement to a land conservancy group are allowed to take a 55 percent credit.

     

    “The Republican tax plan gives corporations and hedge-fund managers a trillion-dollar tax cut and expects California taxpayers to foot the bill,” he said. “We won’t allow California residents to be the casualty of this disastrous tax scheme.” 

     

    Three small New Jersey towns have already decided to try a similar plan of their own. On Jan. 5 those towns – Paramus, Fair Lawn and Park Ridge – announced they would allow property owners to donate the same amount they would pay in local property taxes to their respective cities, with those funds then paying for municipal services.

     

    The proposal was the brainchild of U.S. Rep. Josh Gottheimer (D–New Jersey), who called the new tax law a “massive tax hike” on the Garden State. He was joined by Gov.-elect Phil Murphy (D), who said he would work to ensure the state helped the local municipalities implement the plan.

     

    New York Gov. Andrew Cuomo (D) has his own multi-step end-around in the works. In his State of the State address on Jan. 3, Cuomo said his administration would file a lawsuit seeking to undo the federal law. In that address he accused Congress and the Trump administration of engaging in a hyper-partisan “economic civil war” that endorses “robbing the blue states to pay for the red states.” 

     

    “We believe it is illegal and we will challenge it in court as unconstitutional, the first federal double-taxation in history, violative of states’ rights and the principle of equal protection,” he said.

     

    Cuomo also ordered his administration to look into altering the Empire State tax code by eliminating state income taxes in favor of a payroll tax collected by employers. The governor promised to release full details later this month, but a senior member of his administration said the proposal is based on the core principle of revenue neutrality for workers, employers and the state.  

     

    The jury is decidedly out, however, on whether any of these proposals will work. Tax experts like Daniel Lathrope, who teaches tax law at the University of San Francisco, are skeptical.

     

    “That’s not a charitable contribution, that’s paying off a debt,” he recently told the San Jose Mercury News.

     

    A report issued by the Tax Foundation on Jan. 5 supported that assertion, arguing that “Case law and IRS regulations generally require charitable intent for a contribution to be deductible, meaning that the individual does not receive a substantial benefit from the contribution. Against this requirement, the sole purpose of the proposed contributions in lieu of taxes proposal is financial gain.”

     

    But Gottheimer and de León both point to an array of current federal tax credit programs that allow deductions to be taken for specific charitable donations.

     

    “Our research has shown that there are more than 30 tax credit programs taking advantage of this charitable deduction around the country, in 22 states, that work in basically this same way,” Gottheimer said in a joint press conference with Gov.-elect Murphy announcing the proposal on Jan. 5. “It would be very hard for the IRS to retreat from programs it has been supporting for years, unless it wants to take away this relief in 22 other states.” (NOTE: An addendum produced by Gottheimer’s office listed 31 programs in 21 states, not 22).

     

    Both also note that many of those programs exist in deep red states like Alabama and South Carolina, and Gottheimer also pointed to an academic paper released last week by eight tax scholars that contends current tax law fully supports his proposal.

     

    The Tax Foundation also questions the viability of Cuomo’s payroll tax proposal, saying the IRS would likely consider such a change to “constitute payment of an employee’s income taxes by the employer, which would not only negate the benefit of the plan but could actually increase taxpayer liability.”

     

    During his annual budget release press conference last week, California Gov. Jerry Brown (D) said he is open to de León’s measure, but also noted the possibility that the IRS would simply change the rules to negate it after the fact.

     

    Speaking to Capitol reporters later that day, de León expressed optimism that the workaround would hold up, but said he is also conferring with California Attorney General Xavier Becerra and former U.S. Attorney General Eric Holder, who has been hired to consult with California Democrats on legal ways to resist policy changes imposed by the Trump administration and the GOP-controlled Congress, on possible litigation to block the law. He added he is also studying Gov. Cuomo’s payroll tax proposal to see if there is any applicability to California.

     

    4 Cool Alumni Fundraising Ideas to Get You through the Dog Days of Summer

     The sun is shining. The swimming pool beckons. But vacation season does not change your fundraising goals. So, how do you maintain your momentum when the distractions of summer are making your alumni donors tune out? Use these helpful tips for enhancing your alumni engagement efforts.

     

    Conduct an Effectiveness Evaluation

    Take a hard look at your key metrics around donor engagement, donor retention, average gift amount, number of major gifts, and solicitation response rates. Are these metrics rising, falling or flat? Summer ‘downtime’ is ideal for analyzing your results and brainstorming new approaches to put alumni fundraising on an upward trajectory.  Based on the results, you can strengthen campaign messaging. For example, for metrics that have shown positive movement, look at the stories used in those appeals. It’s obvious that they resonated with your audience, so integrating more messaging along the same lines can be effective. If your metrics show a decline, on the other hand, it signals a need for new messages, channels or processes. Maybe you need to shift some direct mail to digital outreach. Perhaps you need to segment your list and create more targeted appeals. Which leads us to our next tip …

     

    Optimize your donor database

    Do your outreach efforts always hit their mark? Not just the basics—address, email, phone—although, accurate data is a critical. We’re referring to meaningful information about your donors that allows you to craft more targeted messages that truly inspire engagement. August is the perfect time to do some database housekeeping in preparation for the big 4th quarter giving season. Cleanse and append contact information to ensure your donor communications reach their intended targets. Survey your donors to understand individual contact preferences; some may prefer snail mail, while others prefer digital engagement. Your database should be more than an address book; turn it into the engine driving your success. And on that note …

     

    Research your existing donors

    Non-Profit Quarterly has noted, “Research estimates that it costs ten times more to acquire a new customer or donor than it does to keep a current one.” Why not focus on gaining insights into these valuable repeat donors, since prospects may be difficult to engage at this time of year. In addition to setting up Alerts to track alumni news mentions and career changes, use the summer down-time to conduct research that helps you develop a more complete donor profile—from adding more financial data based on SEC filings, bankruptcies and liens to identifying interests based on professional and sport licenses, charitable giving patterns, and political contributions. With

     

    Get Creative with Donor Outreach

    Travel schedules aside, summer can be a great time of year to connect with donors because they may not be as busy at the office either. You can acknowledge the vacation season with a series of “Wish you were here” messages that are fun reminders of how much you value your donors. Invite key donors to lunch now, while schedules are more flexible. Or simply host an event like a pop-up lemonade stand or a snow-cone social as a casual, fun way to connect with alumni and other donors. By engaging with donors consistently throughout the year, you will build stronger connections that help turn donors into partners invested in alumni fundraising.

     

    Don’t sweat out the dog days of summer wondering where your donors are. If you take advantage of any of these tips, you can heat up alumni fundraising before the leaves change.

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    AK Considering Insurance Industry Bailout

    In addition to approving a state budget last week, the Alaska House also passed HB 374, calling for $55 million in subsidization for some health insurance plans in the state. The action came after Lori Wing-Heier, the director of the Alaska Division of Insurance, warned lawmakers that the state’s individual health insurance market was heading toward collapse.

     

    “I can’t imagine in 2018 we’re going to have insurance throughout the state, if we don’t do something,” she told members of the House Finance Committee.

     

    Part of the problem is that with such a small total population, there are relatively few healthy policyholders in the state to balance out the cost of those with chronic medical problems. Health costs in the state are also high, and insurers have been denied approval for significant premium increases, forcing them to leave the individual health insurance marketplace.

     

    HB 374 would subsidize high-risk plans, those covering the chronically ill, in the hope of discouraging the one remaining insurer, Premera, from raising its rates.

     

    “It’s expected that in 2017, there will again be a significant increase,” said Rep. Kurt Olson (R).

     

    The sole ‘no’ vote on HB 374 in the House came from Rep. Lora Reinbold (R).

     

    “This is another casualty of the failed federal government policies” known as the Affordable Care Act, she said. “It is not the Affordable Care Act; it is the unaffordable care act.”

     

    But Rep. Dan Saddler (R) said the bill’s purpose isn’t to prop up the ACA but to save the state from having to run its own insurance company, potentially costing taxpayers hundreds of millions of dollars.

     

    The bill is now with the Senate committee on Finance, according to LexisNexis State Net’s legislative tracking database. (JUNEAU EMPIRE, LEXISNEXIS STATE NET)

     

    Investors renew sustainability commitment at Davos

     Márcia Balisciano is Director of Corporate Responsibility at RELX, the FTSE30 data and analytics company (and LexisNexis parent company), who was in Davos this year to take part in a panel discussion on how women leaders can help achieve the UN's goals. On a freezing afternoon at the SDG Tent in Davos, she explained how corporate responsibility has moved up the agenda of companies, employees, investors and governments.

    What has been the trend in corporate responsibility and what are the drivers of that trend?

    “I have definitely seen corporate responsibility or sustainability or whatever name you want to use for it rise up in terms of its importance to business. I think that is because there is a clear understanding that how you conduct your business influences how sustainable you are going to be as a business over the longer term.”

    “It has coincided with the interest of governments in how we undertake our business—a good example of that is the Modern Slavery Act in the United Kingdom. It also coincides with the interest of investors. They want to know that they are investing in companies that are going to be doing the right thing because that is going to have a positive impact on the business into the future and it is not going to damage shareholder value through unethical practice.”

    You are speaking here at the 2019 World Economic Forum in Davos. What have you observed this week in relation to sustainability?

    “On my first evening in Davos I sat next to two private equity investors and they both said, ‘we want to be better at ESG, we want to really be serious about understanding the impact of the companies that we invest in.’ One mentioned gender equality as something that they were really passionate about and the other mentioned environmental sustainability and how they want to factor that into the investments that they make.”

    “I see that corporate responsibility will only increase over time in terms of the importance that the range of stakeholders— NGOs, employees, investors and government—place on this very important agenda.”

    What are the risks for companies who do not take corporate responsibility and sustainability seriously?

    “If a company is not considering its impact on the environment, on its people or in terms of fostering a responsibility towards society, they will feel the pain of that in the longer term because to my mind there will be an increase in the value that consumers place on products and services that have been produced in an ethical fashion, that don’t damage the environment and that are sourced in environmentally-friendly ways.”

    “I think companies ignore environmental, social and governance qualities (ESG) at their peril because this will continue to be of importance to a range of stakeholders, to government, to investors, to our employees and to NGOs who will continue to put scrutiny on companies and their performance—and rightly so."

    Finally, tell us how corporate responsibility has been implemented in the RELX Group?

    “At RELX Group we began in 2003 with a small corporate responsibility team and we are still a small team because the emphasis is across our business getting people engaged in maximizing the ethical performance of our business.”


    “I would say about half of the work of my team and colleagues is about making sure we have our own house in order. It is very important that all companies do well in terms of governance and how we treat our people, the impact that we have on the environment and the local communities, and also how we engage with our customers.”


    “But there is also this other area where we look at maximizing access to science through things like Research for Life which we are the largest contributor of content to this UN-sponsored program which provides content to researchers, libraries and universities in the developing world.”


    “Also, RELX Group in 2017 launched the free SDG Resource Centre to curate content from across our company that map to the SDGs and we’ve created some amazing tools like the SDG News Tracker which provides up-to-the-minute news on the SDGs.”

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    Walz Sets MN 100 Percent Clean Energy Goal

    Calling climate change “an existential threat,” Minnesota Gov. Tim Walz (D) issued a proposal to bring Minnesota's electric sector to 100 percent carbon-free energy by 2050.

     

    Under the proposal, by 2050 all Gopher State electric utilities would be required to use only carbon-free energy resources. Utilities would be allowed the flexibility to choose how and at what pace they meet the standard but would be mandated to prioritize energy efficiency and clean energy resources over fossil fuels when replacing or adding new power generation.

     

    The proposal includes provisions to assist workers and communities affected by the transition and prioritizes local employment and prevailing wages for large new clean energy projects.

     

    Walz’s plan drew support from his fellow Democrats, along with a bevy of faith leaders and clean energy advocates. It subsequently drew the wrath of Republicans and business groups, who called the proposal “extreme.” Lawmakers will begin weighing the measure this week. (MINNEAPOLIS STAR-TRIBUNE, GRAND FORKS HERALD)

    Health & Science - March 11 2019

    GA House Approves HB 213

    The GEORGIA House approves HB 213, which would allow Peach State farmers to cultivate hemp for use in Cannabidiol, or CBD, oils and other products. It moves to the Senate (ATLANTA JOURNAL-CONSTITUTION).

    WA House Approves HB 1065

    The WASHINGTON House approves HB 1065, which bars patients from being subjected to so-called “balance billing,” when patients receive a bill for the difference between what a provider expects to be reimbursed from an insurer and what the insurer thinks they should pay. It moves to the Senate (ASSOCIATED PRESS).

    GA Senate Approves SB 56

    The GEORGIA Senate approves SB 56, another measure to bar the practice of balance billing. It moves to the House (ATLANTA JOURNAL-CONSTITUTION).

    GA House Approves HB 324

    The GEORGIA House approves HB 324, which would allow for the licensing of 60 dispensaries that would be legally able to grow, manufacture, test and distribute medical cannabis. It moves to the Senate (ATLANTA JOURNAL-CONSTITUTION).

    AR House Approves HB 1290

    The ARKANSAS House approves HB 1290, which would allow Razorback State pharmacists to dispense birth-control pills to customers who lack prescriptions from doctors or nurse practitioners. It moves to the Senate (ARKANSAS DEMOCRAT & GAZETTE [LITTLE ROCK]).

    WA House Approves HB 1638

    The WASHINGTON House approves HB 1638, a measure that would remove parents’ ability to claim a personal or philosophical exemption to vaccinating their school-age children for measles. It moves to the Senate (SEATTLE TIMES). 

    Coping with compliance risk in MiFID II’s climate of change

     A few days into MiFID II and the financial services industry in Europe—and by extension, the rest of the world—has started dealing with a daily storm of activity related to reforms that are as all-pervasive and in many ways as indistinct as climate change. How can access to timely news, legal information and business and market data help companies manage MiFID II compliance risk? 

     The EU’s revamped version of its seven-year-old “Markets in Financial Instruments Directive”, which became effective on January 3, is a massive piece of legislation, with a still-expanding 1.7 million paragraphs of rules. Designed to increase transparency and standardise regulatory disclosure, it affects all types of asset management, advisory services and the dealing and broking of banks, non-banks and other service providers.

    Given the sheer scale and complexity of the changes, regulators have indicated their intention to initially allow some leeway in compliance, which may well reflect their own state of readiness rather than a willingness to turn a blind eye.

     MiFID II compliance conditions put the onus on firms of all sizes to identify their required areas of compliance and make the necessary changes to the way they conduct, record and report their business—from phone calls, face-to-face meetings and documentation, to the products they offer and how they make them available to clients.

     The Financial Times reported late last year that many fund managers and corporate issuers were lagging behind in their preparations, and that, according to the European Commission, only 11 of the EU’s 28 Member States had transposed the MiFID II rules into local law. That wasn’t surprising, considering that up to 20% of the new rules were added in the second half of 2017. “Just two weeks before MiFID II’s arrival, the European Securities and Markets Authority [ESMA], the pan-European regulator, was still issuing clarifications and promising grace periods,” said the FT, adding that not even ESMA was predicting a smooth start.

     However, the regulators will be closely watching how MiFID II unfolds this year and are expected to intervene if they don’t like what they see. In areas such as the new directive’s trade and transaction reporting regime, non-compliance will be highly visible from day one.

     Data frameworks are at the heart of MiFID II. Many firms will be updating their technology (if they haven’t already) to ensure compliance in regard to the transparency of their client database, customer portals, trading activities and post-trade reporting, and the ability to provide full, accurate disclosure of costs and charges. But to meet MiFID II, financial institutions also need to make use of market and referential data—and the volume, type and accessibility of this data will change and increase.

    Content integration can empower financial services organisations by complementing their own aggregated data and existing tools with credible news and business content. This type of content offers value, not only for supporting compliance strategies, but for predictive modelling and machine learning applications as well. Likewise, ongoing monitoring of global news, legal information, and business and market data can help organizations spot potential risks sooner and respond proactively. What data do you need to address MiFID II compliance, conduct analysis and execute trades that will keep you in good standing with regulators and ahead of your competition?

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    Baker Pushes New MA Housing

    Saying a lack of affordable housing is becoming a drag on the state economy, Massachusetts Gov. Charlie Baker filed legislation earlier this month that would relax zoning controls in Bay State cities and towns.

     

    Baker said a lack of housing is driving up rental rates, making much of the current housing stock unaffordable and forcing workers to live further and further away from their jobs. That in turn further burdens the state’s already-stressed transportation system and may ultimately create a worker shortage as employees opt to seek employment outside urban hubs.

     

    “This is an economic issue. Where is the next generation of your employees going to come from? And where are they going to live? And how are they going to afford to be here?” Baker said in announcing the bill, which is intended to produce 135,000 new housing units by 2025.

     

    Baker introduced a similar bill last year, but it did not come up for a vote. He says he listened to feedback from lawmakers on that measure in crafting the new bill, which would make it easier for municipalities to waive zoning restrictions in order to facilitate the production of new housing units.

     

    One key element in that regard would be to reduce the voting threshold for some local permit-granting authorities from a two-thirds “supermajority” vote to a simple majority vote. It would also provide $10 million in state incentives to further boost development.

     

    The bill has drawn strong support from a bevy of local mayors and community leaders in the Boston area, as well as groups like the Commercial Real Estate Development Association of Massachusetts, the Conservation Law Foundation, and the Massachusetts Municipal Association.

     

    The governor’s case was bolstered on Thursday by the Massachusetts chapter of the National Association of Housing and Redevelopment Officials, who said there are 160,000 people on waiting lists for public housing in the Bay State.

     

    Critics, however, contend that Baker’s plan is not explicit enough in its requirements. (BOSTON HERALD, STATE HOUSE NEWS SERVICE [BOSTON], SALEM NEWS)

    Sustainability-focused companies lower the boom on ocean plastics

     Blame it on Blue Planet II. Since the nature documentary series began airing in early 2018, the blight of ocean plastics has come into focus for those who have watched it. Sir David Attenborough has become the Jiminy Cricket for this generation—a story-teller, a sage advisor, and apparently, the universal conscience needed to spur people to action.

    IndieWire reviewer Hanh Nguyen writes, “Just as the series dazzles viewers with natural wonders, it also points out how humans are the biggest threat to the very things we’re admiring. Each episode notes some sort of effect we’ve had—the overfishing, the rise in ocean temperature from the use of fossil fuels, the pollution—and the final episode focuses completely on the destruction we’ve wrought.” The message is getting through; the ‘Attenborough effect’ has led to a 53 percent drop in single use plastic in the past year.

    What’s more, an Ipsos MORI survey of consumers who have seen Blue Planet II found that the series has motivated them to act:

    • 78 percent try to purchase fewer single-use plastics, compared to only 37 percent among non-viewers.
    • 80 percent see tackling litter a priority, as opposed to only 50 percent of the non-viewers.
    • 53 percent will pick up litter when they see it, when in the past they might have ignored it. The number declines to 26 percent among non-viewers.

    And it’s not just consumers that are confronting sustainability.

    Corporate social responsibility gains momentum

     Companies are stepping into the fray too. It’s not just good for the planet; it’s good for business. A study of more than 3,800 consumers by GlobalWebIndex revealed that two out of three consumers believe brands that make public commitments to sustainability are more trustworthy.

    Here are four examples of how companies are taking on ocean plastics as part of their CSR commitments.

    American Express—Have you ever wondered how much plastic is in your wallet? American Express has, and the company is now the first to create a credit card from upcycled ocean plastic. When American Express made the announcement last year, Parley for the Oceans founder Cyrill Gutsch explained the partnership, saying, “Every second breath we take is created by the oceans. Without them, we can’t exist. American Express is creating a symbol of change and inviting their network to shape a blue future, one based on creativity, collaboration and eco-innovation.” American Express also has other sustainability-focused plans, including pursuit of zero-waste certification for its New York headquarters by 2025 and phasing out of single-use plastics in its airport lounges.

    Adidas—The global sports apparel company announced last year that it plans to eliminate virgin plastic, including polyester, from its products by 2024. In addition, Adidas has vowed to do the same across its network of offices, stores, warehouses and distribution centers, which the company estimates will reduce virgin plastic use by 40 tons a year. This isn’t new territory for the company. In 2017, Adidas sold 1 million pairs of its Parley shoes, which are made with plastic waste that might otherwise end up in the ocean. The company anticipates that growing consumer interest in environmentally-friendly products will drive sales of its recycled plastic shoes to hit 5 million pairs this year.

    SC Johnson—In February, SC Johnson divulged plans to start producing one of its top cleaning products¬—Windex with Vinegar¬—in bottles that are 100 percent recycled ocean plastic. The move is part of SC Johnson’s CSR commitment to make all of its plastic packaging recyclable, reusable or compostable by 2025. In concert with the announcement, SC Johnson chairman and CEO Fisk Johnson noted, “The Windex bottle is just one of the many ways we are not only providing solutions to combat ocean pollution but taking action to make these solutions a reality.” The company also revealed plans to make a 100 percent ‘Social Plastic’ Windex bottle, also made with ocean-bound plastics, with some proceeds earmarked to help people living below the poverty line in Haiti, the Philippines and Indonesia. Kelly Semrau, senior vice president for global corporate affairs, communication and sustainability at SC Johnson, said “We believe the more people are talking about this issue, the more government, businesses, NGOs and communities will work together to address it.”

    Diageo—Eco-minded beer drinkers take heart. Diageo, the beverage maker responsible for Guinness beer, plans to package multipacks of its Irish stout with recyclable cardboard. It’s a smart move given that negative publicity that is associated with the plastic rings used to hold together beverage packs. Who hasn’t seen pictures of penguins or sea turtles being choked by the ubiquitous plastic rings? As consumers seek out eco-friendly alternatives, Diageo is positioning itself to deliver with a $20+ million commitment to sustainable packaging for all its alcohol brands.

    Clearly, companies are answering the call to back up their corporate social responsibility statements with action. Sounds like reason to celebrate …Guinness anyone?

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    Skiing, Real Estate and Prospect Research- Guest blog from the Helen Brown Group

    It may be the end of ski season for now, but we’re always trying to figure out what factors impact the value of real estate in those wealthy areas. This week, Colorado-based Helen Brown Group Researcher Josh Ostroski shares his insider information on three things he knows really well: skiing, real estate and prospect research! ~Helen Brown

    I grew up in a skiing family in New England and it has been a passion of mine since I can remember. One day a colleague at HBG was researching someone that had a house in Lake Tahoe which had a market value drastically lower than what they paid for it. My colleague asked what some of the factors could be that might cause this, outside the obvious decline due to the housing crisis that hit California especially badly. The more we discussed it, the more it became obvious that there were more things at play in these specialized locations than elsewhere. I decided to look more deeply into the factors that impact housing costs in resort towns, and I thought you might be interested to know what I found.

    Markets

    Sotheby’s Resort Report 2018, which provides market stats on the major resort areas of the western U.S., shows that home prices have continued to rise while days on market have decreased at nearly all the resort areas.

    New England resorts are also doing well, as “prices of luxury homes in Vermont’s top ski areas are rising twice as fast as the median price in those areas—the opposite of trends nationwide, where median prices are rising faster than luxury prices, says Danielle Hale, chief economist at real-estate website Realtor.com” in this Wall Street Journal article from November 2017.

    New England resorts to keep an eye on for property value increases are Stowe (VT), Stratton (VT), Bretton Woods (NH), Sugarbush (VT), and Sugarloaf (ME). (Beware, though, it’s not smooth gliding across the board in New England: private mountain Hermitage Club in southern Vermont was recently foreclosed on due to owing taxes and lack of loan payments on some of its properties.)

    It is not just the luxury market that is doing well: condos/townhomes in some resort towns are actually increasing in value at higher rates due to more inventory and more potential buyers.

    Powder Magazine recently listed its “Next American Ski Towns,” which are places to keep an eye on as people get priced out of the more well-known areas and markets and amenities increase in these smaller ones.

    Also, according to Bloomberg’s “Wealthiest Small Towns in America” you will find many are located near ski resorts.

    Climate

    Climate change has caused winters to become shorter and more unpredictable.

    The winter of 2016-2017 was record-breaking for snowfall in California, but the six years prior were some of the lowest snowfall totals in recent history. This means that fewer people are planning ski trips to California because of the unreliability of the skiing/weather. This uncertainty has negatively affected the real estate values in California ski areas.

    Another factor to think about is the elevation of many resort towns. The majority of California ski resorts’ base elevations range from 6,000 ft. to 7,200 ft. By comparison, the resorts of Summit County, CO (Arapahoe Basin, Breckenridge, Copper, and Keystone) have base elevations that range from 9,200 to 10,500 feet. The higher resorts will be able to withstand the warmer winters that have been occurring and are predicted to continue to occur. A prominent climate scientist recently said that Summit County, CO will likely see a 10% decline in snow by 2050, which means it will likely fare much better than most, and will be one of the few places left with reliable snow.

    The same goes for resorts in the northeast, which are also feeling the effects of climate change that can’t be fixed merely with more snow-making.

    The amount of snowfall (or cold air for that matter) a region is getting can have a significant impact on not only the value of the property, but the potential income if used as a rental. This could also prompt a prospect to sell their property which could be a liquidity event if they have built up equity in the property.

    More Than Just Skiing

    Coinciding with climate change, the rising cost of doing business (insurance, electricity, wages) is forcing ski resorts to adapt and become year-round destinations. Resorts cannot sustain being closed the majority of the year any longer and more and more resorts are becoming year-round destinations with the addition of mountain coasters, downhill mountain biking trails, zip lines, hiking, and special events/concerts.

    As a result, summer is contributing more to mountain town economies than ever before. Tax revenue in the summer of 2017 was over 50% higher than it was four years ago in Telluride and Mountain Village, CO., according to data collected by Michael Martelon, president of the Telluride Tourism Board. In Vail, summer tax revenue in 2016 was 34% higher compared with the same period four years prior, according to data provided by the town of Vail.

    In addition to the new summer activities in ski towns, many visitors from hot climates like Texas who can afford to are staying the entire summer in the mountain towns of Colorado, which is contributing to increased real estate market.

    Rental income

    Often second home owners are either using their property as a fulltime rental or partial rental. When you’re researching someone and discover a second home, it is worth a check on sites like Airbnb, VRBO, Zillow, or a local management firm to see if the property is being rented and if so, at what rate. You may discover another stream of income for the prospect.

    Keep in mind, though, that even when using sites like Airbnb and VRBO, there may be some management fees incurred by the homeowner. When using a local management firm their fees are usually higher, typically 25%-50% of rental income, but they take care of marketing, booking, maintenance calls, etc. Even if a property has decreased in value from when it was purchased, if it is being rented and someone else is paying down the mortgage (on top of possibly making money from the rental income), it can still be beneficial for the owner to hold onto it.

    Ski Resort Consolidation

    Skiing/snowboarding is an expensive activity, which in and of its self is a likely indicator of wealth, although not always. The ski industry has been working hard to make it more affordable, starting with Vail Resort’s wildly popular Epic Pass, a multi-mountain pass that has been around since 2008. This pass made skiing/snowboarding much more affordable when buying a season pass. Buying a day pass is still VERY expensive, though: Vail, $199; Aspen, $169; Deer Valley, $135; Stowe, $131.

    Multi-mountain passes have become even more popular the past few years, including Aspen Resorts’ own Ikon Pass. An Epic Pass gets you unlimited skiing/snowboarding at 64 resorts around the world for $899; while the Ikon Pass offers two versions for $899 (26 resorts) and $599 (10 resorts) respectively.

    How does this affect real estate? It has created a greater number of skier/riders, particularly at resorts that are near major urban areas (like Denver, Salt Lake City, Boston/New York, and the Bay Area), thus increasing traffic. Coupled with the often snow-covered or closed roads, this has created more demand for local housing, as people don’t want to spend six hours sitting in the car to do a 1.5 hour drive (I’ve done this too many times myself). I spoke with a realtor in Summit County, CO about this and he said the increased traffic has been great for business as it has created much higher demand.

    Income Gap

    The median income is high for most resort towns, but there is also a large income gap. This causes a strain on resorts as the workers that are vital to keeping a business running cannot afford housing.

    For example (in an ironic twist of fate): in 2017, Summit County, CO finally found the ideal candidate for Executive Director of its Housing Authority, but the candidate had to turn the job down because housing in the county was too expensive.

    For more on this, check out this article on the struggles of finding housing in ski towns. Affordable housing is key to a stable economy and if solutions aren’t found in these resort towns, it could negatively affect the economy and market.

    And finally, Taxes

    The last factor I wanted to mention that affects resort real estate is taxes. It is said that the new tax reform bill for 2018 which puts a $10,000 limit on mortgage interest deductions will likely have a negative impact on real estate prices. We’ll have to wait and see how that plays out

    Nexis for Development Professionals curates a unique set of industry-leading sources, including:

    • Current and historical news coverage from 40,000+ licensed and open web sources
    • 80M+ company profiles
    • 75M+ executive profiles
    • WealthEngine® Wealth Scores
    • Larkspur Prospects of Wealth®
    • VeriGift Charitable Giving from iWave
    • Guidestar™
    • Dun & Bradstreet®

    This gives you the ability to uncover prospects in affluent areas, locate hard to find properties, find  hidden properties in trusts and even identify both prospects and non-profit organizations by geography. Interested in hearing more? Visit lexisnexis.com/ndp

    States Cracking Down on Plastic Straws and Polystyrene Containers

     At least 11 states have introduced bills this session related to polystyrene food or beverage containers, most of them prohibiting their use, according to LexisNexis State Net’s legislative information system. Five of those states have also introduced measures in 2017-18 restricting or prohibiting the use of plastic straws or beverage stirrers.

    Environment - March 11 2019

    UT House Approves HB 353

    The UTAH House approves HB 353, which would authorize funding to pay for free mass transit on 17 of the Beehive State’s worst air quality days over a three-year period. It moves to the Senate (DESERET NEWS [SALT LAKE CITY]).

    NM House Approves HB 28

    The NEW MEXICO House approves HB 28, which directs every state agency to develop and implement a climate resiliency and sustainability plan. It moves to the Senate (NEW MEXICO GOVERNOR’S OFFICE).

    MD Senate Approves SB 285

    The MARYLAND Senate approves SB 285, a bill that would make the Old Line State the first in the nation to ban businesses that sell food from using “expanded polystyrene food service products.” The measure, which would take effect on July 1, 2020, moves to the House (LEXISNEXIS STATE NET).

    WA Senate Approves SB 5323

    The WASHINGTON Senate approves SB 5323, a bill that would ban stores from giving out single-use plastic carryout bags, giving them until 2020 to use up existing stocks, and require an 8-cent charge for other bags handed out. It moves to the House (LEXISNEXIS STATE NET).

    3 reasons to add ongoing monitoring to address third-party risk

     How confident are you that a supplier you vetted two years ago hasn’t seen a change in financial stability that might lead to supply chain disruption?  Or that a reseller isn’t putting you in danger of an FCPA violation? Or that a disgruntled customer’s online tweet hasn’t been picked up by mainstream media and turned into a reputational nightmare?

    The days when a company could protect against financial, regulatory, strategic and reputational risk with a one-and-done process are long over. The global nature of business, the speed of communication and reliance on extensive third-party networks means that companies need a more proactive approach to risk management—and for many, ongoing risk monitoring is the answer.

    What’s Third-Party Monitoring Got to Do with It?

    Recently, we partnered with RIMS to talk about how a risk management workflow can be enhanced by continuous monitoring. It starts with understanding the influence that third parties have on your organization. We’re not talking about employees—the people inside the four walls of a business. Yes, they can expose an organization to risk, but most companies set clear ethical and compliance standards to manage internal workforces. Instead, we’re using the ISO definition of third parties which classifies them as persons or entities that are independent of the organization.

    • Customers
    • Vendors and Suppliers
    • Shipping Companies
    • Business Partners
    • Sales Agents
    • M&A Targets

    So, what are the three reasons you need ongoing monitoring of third parties?

    Regulatory landscape is broad and complex.

    Some industries are more alert to the potential risks posed by third parties. Banks and other financial services organizations, for example, must address Know Your Customer requirements to meet anti-money laundering and terrorist financing laws. Likewise, companies in the extractives industry are well-acquainted with the need for the third parties they rely on to adhere to a variety of regulations—from sanctions or anti-bribery and corruption compliance to environmental standards.

    However, you need only look at recent FCPA enforcement actions to see that regulatory risk has become more prevalent across many industries and companies of varying sizes. And the same holds true for other types of risk. No business is immune in the digital age, where bad news can spread like wildfire.

    The world has gotten smaller.

    Another factor that should be considered is location—whether it's the location of the third party or where the location where a transaction will occur. High-speed travel and communications have empowered companies to expand into emerging markets and build out global supply chains. But operating across borders means companies need to stay alert to a variety of Political, Economic, Socio-Cultural, Technological, Legal and Environmental considerations.

    The more you depend on third parties, the bigger your exposure.

    Think about the money a company may spend with a third party. If an organization is highly-dependent on a third party—doing a large volume of purchasing from a vendor, for example—then the risk exposure is higher because the potential for disruption if the third party fails to deliver as promised due to financial instability or violates regulations while conducting business on your behalf.

    Ready to learn even more about third-party risk? Check out the on-demand recording of the RIMS webinar for an informative look at the current risk landscape and how LexisNexis Entity Insight makes it easy to continuously monitor for threats that could impact your business.

    Chinese news agency Xinhua launches first Artificial Intelligence (AI) news anchor

      The state news agency of China has launched a digital version of its regular news presenter. Powered by artificial intelligence (AI) this version can keep breaking news stories 24 hours a day. Working in collaboration with search engine company Sogou, Chinese state news agency Xinhua showcased a digital version of one of its human reporters at China’s annual World Internet Conference in Wuzhen. The AI Anchor ingests and analyzes vast quantities of news stories all day, every day and then “learns from live broadcasting videos and can read texts as naturally as a professional news anchor,” according to a statement released by Xinhua.

    Machine learning comes of age

    Xinhua is not the first company to deploy AI in its news reporting. In 2014 the Associated Press wire service started using sophisticated computer algorithms to write 3,000 automated stories a quarter, with plans to grow this number over time. Whilst the initial focus was company earnings reporting, where speed and accuracy are critical, the clear plan was to use automated story generation to generate more nuanced and complex news stories over time.

    Xinhua’s showcase takes things several steps further. The accomplishment of generating a life-like virtual news presenter, based on a real human being, that can report relevant new stories is impressive. However, what is impactful is the use of AI or machine learning to scour thousands of news stories, identify the most relevant ones for an audience and then deliver this in near real time. This demonstrates how far machine learning and AI have progressed in enabling the processing of huge volumes of data into actionable outcomes quickly; in this case a live news report featuring new and breaking stories.

    The increasing value of data

    Xinhua’s showcase demonstrates how AI and machine learning are impacting the future of news reporting and journalism. It is also a timely reminder of how any organization can quickly interrogate huge data sets to achieve specific goals. Using the same AI technology that can be deployed to deliver virtual news reports, banks are analyzing huge data sets of financial transactions in real time to identify and report potentially fraudulent activity. Academics can access and analyze millions of papers from across the globe to help inform more effective research. Machine learning is also being deployed to help inventors identify others working in similar areas and collaborate. Insurance companies are looking to offer more personalized quotes to people based on big data sets of geographical and demographic information.

    The right data sources at hand

    This insight is being powered by several facilitating technologies: on demand computing enables a company of any size to generate insight from even the largest data sets without the need to invest directly in expensive servers; computer storage has become so commoditized that companies can now afford to manage and process petabytes of information.
    Often companies will have granular data sets about their own customers or operations. The missing part of the jigsaw can be external data sources that help contextualize this information and drive actionable business insight. Data sets need to be normalized, with a volume and variety of data, that is enriched and structured effectively to drive insight. Near real-time data can help businesses quickly identify opportunities or risk.
    Nexis® Data as a Service (DaaS) provides companies with access to comprehensive and relevant news and corporate biographical information from a wide range of reputable sources. From analyzing social commentary for emerging patterns to understanding more about risk potential of customers you are doing business with—this data can be quickly and readily deployed.

    Data as a Service—Helping deliver more accurate decision making

    Recent developments in access to computing and storage, combined with machine learning, is transforming the insight that companies can glean from data. Critical to this is not only accurate and timely internal information but access to on demand external data to help drive further insight. Just as Xinhua plans to transform its operations through relevant analysis and insight from big data, so businesses in finance, risk, supply chain, marketing and sales can use AI-powered big data analytics to find the nuggets of insight in huge data sets.

    What you can do next

    1. See how Nexis® Data as a Service can help you power your own machine learning
    algorithms.
    2. Read more about Big Data initiatives on our blog.
    3. Share this post your colleagues and connections to keep the conversation going.

    Budget Deal Reached in AK

    Alaska lawmakers reached a budget agreement in special session last week just in time to prevent layoff notices from being sent out to state employees. The $4.26 billion deal would close a projected $3.2 billion budget hole using funds from an $8 billion state savings account.

     

    But at a news conference the day after the budget agreement was reached, Gov. Bill Walker (I) said he wasn’t ready to sign it into law. Although the budget includes spending cuts Walker requested, it doesn’t address the deficit-reduction reforms he’s been calling for all year, including changes to the state’s oil and gas tax credit system and a plan for tapping Alaska Permanent Fund earnings to pay for government services.

     

    “Do we have to go broke before we fix Alaska?” the governor said in a news conference. “Do we have to become a Puerto Rico?”

     

    Legislative leaders said only that they would consider Walker’s proposals during the remainder of the special session.

     

    “We’ll take up all the other issues as best we can,” said House Speaker Mike Chenault (R), adding, “I can’t guarantee any bill will pass.” (ALASKA DISPATCH NEWS, KTUU [ANCHORAGE], LEXISNEXIS STATE NET)

    Social Policy - March 11 2019

    NY Senate and Assembly Unanimously Approves SB 1719

    The NEW YORK Senate and Assembly unanimously approve SB 1719, which would make so-called “revenge porn,” the act of posting nude or sexual images of someone online without that person’s permission, a misdemeanor subject to one year in jail. The measure moves to Gov. Andrew Cuomo (D), who is expected to sign it into law (NEW YORK LEGISLATURE).

    ID House Votes Down HB 98

    The IDAHO House votes down HB 98, which would have set the minimum age to marry at 16 (IDAHO STATESMAN).

    OK Governor Signs HB 2597

    OKLAHOMA Gov. Kevin Stitt (R) signs HB 2597, which allows most Sooner State residents 21 and older to carry concealed or unconcealed firearms without a license (ASSOCIATED PRESS). 

    NM House and Senate Approve SB 8

    The NEW MEXICO House and Senate approve SB 8, which would expand background checks to include private gun sales. It moves to Gov. Michelle Lujan Grisham (D), who has said she will sign it into law (LAS CRUCES SUN NEWS). 

    Education - March 11 2019

    SC House Approves HA 3759

    The SOUTH CAROLINA House approves HB 3759, a bill that would raise the minimum starting teacher pay to $35,000, give the state education superintendent more ability to take over low-performing school districts and create a $100 million fund to help bring businesses to places where schools are poor and struggling. It moves to the Senate (ASSOCIATED PRESS). 

    Energy - March 11 2019

    WA Senate Approves SB 5116

    The WASHINGTON Senate approves SB 5116, which would mandate that all electrical utilities in the Evergreen State transition to 100 percent, carbon neutral electric supply by 2030, and 100 percent carbon-free electricity by 2045. It is now in the House (LEXISNEXIS STATE NET). 

    How to Create Research Insights that your Team can Easily Use

    No matter what your business, today’s customers expect content. They want to trust their business partners to be experts in the services and solutions they provide, and one of the most accepted and expected ways to earn that trust is through content. 

    How can you be sure you’re generating quality content that teams want to use?

    First, Focus on Goals

    Before you start to drill down to specific audiences, make sure you’ve aligned your high-level strategy to the business goals of your organization. Ask for quarterly or even monthly meetings so that you can align to metrics, goals and performance expectations. By ensuring your content is tied to the objectives of the business, you’ll prove the value of content and help to achieve long-term success.

    Next, Identify the Needs of Your Teams

    Once you understand the role content should play at a macro level, it makes sense to develop a plan for key teams who will benefit from rich content. Here’s a snapshot of just a few:

    • Marketing – From understanding the competition to helping to better define your branding and positioning, content can empower marketers with the information they need to build relationships. Content can also demonstrate your organization’s insight into customer pain points and need states, further building partnerships that last.
    • Product Development – Leveraging consumer trends and technology advancements is key to success as teams innovate. Work with your product development group to ensure they are equipped with the latest insights on what various categories need and how to create it in the most effective and efficient way possible.
    • Human Resources – Whether your organization is building company culture, sharing organizational changes or recruiting top talent, content helps HR professionals communicate with potential employees, current leaders and the industry in general in a way that is detailed, focused and brand-aligned.
    • Finance – Help your finance experts move the needle on investment opportunities by ensuring they have the latest market trends and financial data in hand.
    • Strategy – Content can by the difference between making short-term choices and long-term decisions. By giving your strategy team insights around your own industry and competitors, you can play a critical role in better decision-making. Tools like SWOT analyses, audits and other strategic point of view documents help to focus organizations and enhance growth.

    As you work to finesse the role content plays in your organization, be sure to align it to the specific needs of your critical teams. You’ll ensure that your company can move faster, smarter and with better information.

    Ready to learn even more about how to shine a light on the value of content? Check out these solutions and resources developed specifically for you. 

    The Local Front - March 11 2019

    San Diego City Council Gives Initial Approval

    The SAN DIEGO City Council gives initial approval to a proposal to eliminate parking requirements for new housing developments that are within a half-mile of a public transit stop. Downtown housing developments will also be capped at one parking space per unit rather than per bedroom. The measure must pass one more vote to become law (TIMES OF SAN DIEGO).

    Inglewood City Council Unanimously Approves Ordinance

    The INGLEWOOD, CALIFORNIA City Council unanimously approves an ordinance that temporarily limits rent increases and bans evictions while the city tries to develop a plan for dealing with skyrocketing rents. The ordinance will prevent landlords during a 45-day period from raising rents by more than 5 percent and evicting tenants for any reasons other than criminal activity or drug use in the rental property (LOS ANGELES TIMES).

    Philadelphia City Council Endorses Ordinance

    The PHILADELPHIA City Council endorses an ordinance that requires retailers to accept legal tender. The new law takes effect on July 1 and imposes a $2,000 fine on businesses that refuse to accept cash for payment of good and services (NEW YORK TIMES).

     

    -- Compiled by RICH EHISEN

    States Beginning to Focus on AI

     At least 11 states have introduced or proposed bills or resolutions referring to “artificial intelligence” this year, according to LexisNexis State Net’s legislative tracking system. Five of those measures have been enacted, including Kentucky HB 191, setting requirements for the use of automated equipment used to perform eye exams for contact lenses or glasses, and Washington SB 6544, creating a    task force to assess trends like artificial intelligence that are likely to impact industries in the state. A bill that died in committee in Florida’s House, HB 571, would have provided for a study on a potential statewide tax on robot and other artificial intelligence technology.

     

    Source: LexisNexis State Net

    Update your Research Skills with these Tips

    Today’s information age has created a common misconception about research: you can find anything you want easily because information is everywhere.

    The problem, however, is that ever-present information can actually make it more challenging to find what you’re seeking. Do you start wide and narrow your search as you conduct it? Do you start smaller – with strong, limiting parameters – and hope it leads you to fuller details? There is really no right answer; both types of searches can be productive. The trick is to leverage tactics and solutions that get you to real results, no matter how you begin the search process.

    The Evolving Process of Searching

    The number of online searches increases by the minute. And how we’re setting up our searches is also changing. According to a study on search queries in 2017, nearly 40 percent of search queries were only one word. And, search terms with six words or more plummets to less than 3 percent. What does this mean? Are we so focused on that one word to get us to the information we need? Or, do we really not know where to begin so we cast a wide net, hoping that the search itself will start to parse out results we can use?

    For many researchers, they take this responsibility upon themselves to invest the time in finding the information and insights they need for their work. Regardless if you’re a consultant, journalist, or in the financial or healthcare communities, research is probably taking up a fair amount of your time. How do you become as efficient as possible? There are many free online tools for search commands and tricks that help to weed out unrelated results and get you more quickly to where you want to be. But is that enough? Are you still just scratching the surface of effective searching?

    Research that gives you real results provides both depth and breadth so that you can share not only insights, but also context. Consider these strategies for more effective research:

    1. Set Up Custom Searches

    No matter if you’re researching news, people, companies, countries or trends, setting up custom searches helps you streamline the research process without sacrificing quality. There are solutions available that will allow you to set up searches based on specific terms and that analyze and tag online documents for relevant subjects, industries, companies, organizations, people, and places.

    An approach like this will make it easier for you to find results that truly match your search terms by weeding out passing references or false hits, so you get only the most relevant results.

    2. Harness the Power of Alerts

    Another strategy for making the best use of your time is to set up alerts for breaking news, updates, and local or global mentions of the people, topics, industries and places that matter most to you. There are solutions that establish alerts related to a particular topic and that provide updates to you online or via email. They’re typically very easy to set up— most solutions allow you to request alerts after running a search. You can often receive automatic updates on a monthly, weekly, daily or hourly schedule.

    Did you know that with Nexis you can set up alerts with your precise searches? Learn more here.

    3. Go Mobile

    Today’s best-in-class global research solutions often offer apps or mobile functionality so that you can search no matter where you are and receive updates in the palm of your hand.

    This way, you’re never far from conducting a search on a topic you need to understand. According to Google stats compiled recently by Search Engine Land, mobile searches now outpace desktop searching. Today, nearly 60 percent of searches, in a variety of industries from healthcare and finance to food and beverage, are conducted on mobile devices. What does this mean for you? It means you need to consider your device an extension of your research toolbox and ensure you’re set up to search on-the-go.

    No matter how you start your search, you can get to where you need to be. By employing best-in-class practices, you’ll find the information you need faster and with more confidence.

    Ready to learn even more? Check out these solutions and resources on research.

    Check out these solutions and resources developed specifically for consultants:

    • Explore the Nexis web page to uncover more research tips
    • Read our ebook "When Research Gets Real: 4 ways Bad Information can Happen to Good People"
    • Read our ebook "Digging Deep: Removing Roadblocks to Get Real Results"

    Voting Restrictions Running Out Of Steam In States?

     New voting restrictions will be in effect in 15 states for the first time in a presidential election this year. But courts have blocked or loosened such restrictions in a few states. And legislative activity aimed at expanding voter access is outpacing efforts to restrict it.

     

    Until a couple of months ago this Nov. 8 was going to mark the presidential election debut of new voting restrictions - including laws tightening voter identification requirements, shortening early voting periods and eliminating same day registration - in 17 states and the second presidential election appearance of voting restrictions in another five, according to the left-leaning Brennan Center for Justice (see Bird’s eye view). All of the restrictions, backed mainly by Republican lawmakers, were passed after the 2010 midterm elections swept the GOP into control of a majority of state legislatures and governorships across the country. And a majority of them were passed or took effect after the 2013 U.S. Supreme Court decision in Shelby County v. Holder voided provisions of the 1965 Voting Rights Act requiring federal preclearance for election law changes in states with a history of discrimination against minority voters.

     

    The number of states where new voting restrictions will be making their first appearance in November shrank to 16 in late July, when the 4th U.S. Circuit Court of Appeals struck down parts of a 2013 North Carolina law (HB 589) limiting the forms of ID acceptable at polling places, slashing the state’s early voting period and doing away with same-day registration, provisions the court said “target African Americans with almost surgical precision.” The court singled out the early voting provision, which reduced the number of days before Election Day that voters can cast ballots from 17 to 10, eliminating one of two Sunday voting days in the process. The court noted that the state itself, in explaining that it cut the days to make voting hours more consistent from county to county, said “counties with Sunday voting in 2014 were disproportionately black” and “disproportionately Democratic.”

     

    “Thus, in what comes as close to a smoking gun as we are likely to see in modern times, the State’s very justification for a challenged statute hinges explicitly on race - specifically its concern that African Americans, who had overwhelmingly voted for Democrats, had too much access to the franchise,” the court said.

     

    North Carolina Gov. Pat McCrory (R) and other state officials asked the U.S. Supreme Court last month to stay the appellate court’s ruling pending an appeal. But the high court, still shorthanded due to the death of Justice Antonin Scalia in February, split 4-4 on that request, leaving the 4th Circuit’s decision in place.

     

    The 16 new-restriction states became 15 last month, when a federal judge granted a preliminary injunction against voter ID laws passed in North Dakota in 2013 and 2015 (HB 1332 and HB 1333, respectively) on the grounds that they placed an “undue burden” on Native Americans and other voters.

     

    “Although most voters in North Dakota either possess a qualifying ID or can obtain some form of acceptable identification, a safety net is needed for those voters who cannot obtain a qualifying ID with reasonable effort,” U.S. District Court Judge Daniel Hovland wrote in his decision.

     

    North Dakota Secretary of State Alvin Jaeger said the state wouldn’t appeal Hovland’s decision and would revert to the less restrictive rules in place before the 2013 law was enacted, at least for this year’s election, as the New York Times reported.

     

    The 5th U.S. Circuit Court of Appeals reached much the same conclusion about a voter ID law passed in Texas in 2011 (SB 14) as Hovland did about North Dakota HB 1332 and 1333, ruling in July that the Texas law had a “discriminatory effect” on African American and Hispanic voters. After the case was remanded to the federal trial court to determine appropriate remedial action in time for the November election, the state agreed to allow registered voters lacking SB 14-compliant ID to cast a ballot after filling out a “Declaration of Reasonable Impediment or Difficulty.” Less than a week after the court signed off on that plan, however, a spokesman for Texas Attorney General Ken Paxton said the state was appealing the 5th Circuit’s ruling to the U.S. Supreme Court to “protect the integrity of voting in the state,” although he didn’t specify whether it would be an emergency appeal to try to get SB 14 back in place at full strength before the November election, according to the Dallas Morning News. Even if that appeal fails, however, the Brennan Center said the weakened version of SB 14 is still more restrictive than what was in effect in the state for the last presidential election.

     

    A decision last month by the 7th U.S. Circuit Court of Appeals gave supporters of tighter voting controls a more decisive victory, suspending a lower court ruling striking down voting restrictions enacted in Wisconsin in 2011 and 2014. In staying the July ruling by U.S. District Judge Lynn Adelman, the 7th Circuit said “the district court’s decision is likely to be reversed on appeal and...disruption of the state’s electoral system in the interim will cause irreparable injury,” according to a statement from Wisconsin’s Department of Justice.

     

    Despite the developments in the Texas and Wisconsin cases and the possibility of similar ones in election law cases still pending in other states, including Alabama and Kansas, the momentum currently seems to be in the direction of expanding voter access, particularly with regard to state legislative activity. As of late March of this year 28 state legislatures had introduced or carried over from the previous session at least 77 bills restricting voter access, with voter ID bills being the most common, according to the Brennan Center. At that same point in the 2016 session, by the Brennan Center’s count, 41 states had introduced at least 422 bills expanding voter access, including measures providing for the automatic registration of those applying for or renewing a driver’s license, online voter registration and the restoration of voting rights to individuals with past criminal convictions. The Brennan Center also found that 2016 marked the fourth year in a row that bill introductions aimed at expanding voter access outnumbered those directed at restricting access, and by a margin of at least 4 to 1 the last three years.

     

    The pace of enactments restricting voting access has also slowed, according to the Brennan Center. Between 2011 and 2013, 25 states passed 34 voting restrictions. But in 2014 and 2015 a total of just 5 restrictions were passed by 3 states.

     

    One possible explanation for the slowdown is simply that most states have already passed the most common type of voting restriction, voter ID laws. According to the National Conference of State Legislatures, 34 states currently have laws either requesting or requiring that voters show some form of identification at the polls. That fact is consistent with the Brennan Center’s finding that while bills aimed at establishing or tightening existing voter ID requirements remain the most common type of voting restriction introduced in state legislatures, other forms have been gaining ground, such as restrictions on absentee voting, early voting and same-day registration.

     

    Another potential reason for the slowdown in voting restrictions and the shift away from voter ID is that the kind of in-person voting fraud that voter ID laws mainly target - and that Republicans have often cited as the reason voter ID laws are needed - is very rare, at least by some accounts. For example, a 2012 analysis of 2,068 allegations of voter fraud since 2000 by News21, a student investigative journalism project at Arizona State University’s Walter Cronkite School of Journalism, uncovered only 10 cases of voter impersonation, amounting to one case per “about every 15 million prospective voters.” More recently Justin Levitt, a professor at the Loyola Law School in Los Angeles, reported on the Washington Post’s Wonkblog that he’d found only 31 credible instances of fraud in “general, primary, special, and municipal elections from 2000 through 2014,” a period during which over 1 billion ballots were cast in the general and primary elections alone.

     

    But the conservative Heritage Foundation has compiled a long list of election fraud convictions from around the country, which it says isn’t “an exhaustive list but simply a sampling.” And the National Review reported in 2014 that undercover agents from New York City’s watchdog Department of Investigations, using the names of individuals who had died, moved, or were in jail, were allowed to cast ballots in 61 of 63 polling places.

     

    Taking a different tack, Wisconsin Gov. Scott Walker (R), in defending his state’s voter ID law during a 2014 gubernatorial debate, suggested that even one case of voter fraud was too many.

     

    “Amongst us, who would be that one person who would like to have our vote canceled out by a vote that was cast illegally?” he said.

     

    But some opponents of voting restrictions don’t believe fraud is the real motivation for such measures.

     

    “It’s hard to reconcile these actual laws with the stated purpose,” said Wendy Weiser, director of the Brennan Center’s Democracy Program. “The more reasonable and likely explanation is political self-interest. Voting laws are a way to restrict voters you think are more likely to vote for the other side.”

     

    Research on whether voting restrictions suppress turnout of minority voters who may be more likely to lack the required ID and who tend to vote Democratic - as Democrats have often claimed in resisting such measures -- isn’t entirely conclusive. An investigation by Reuters in 2012 found that African-American voter turnout actually went up in Georgia after that state’s photo ID law went into effect in 2008, although the news agency acknowledged that some of the increase might have been due to the presidential candidacy of Barack Obama. A review of five studies examining the “effects of changes in voter ID requirements on various racial and ethnic sub-groups” in 2014 by the U.S. Government Accountability Office found that only three of the studies identified statistically significant effects. And those effects included a 1 percent increase in state-level turnout for Hispanics between 2004 and 2008, according to a study conducted in 2013, as well as a 6-percent and 10-percent decrease, respectively, in African-Americans’ and Hispanics’ likelihood of voting in states requiring non-photo ID, according to a 2006 study. Meanwhile, a working paper on the impact of voter ID laws on minority voter turnout by researchers at the University of California, San Diego - which notes that most of the previous scholarly research on the subject has been based on elections held before the strictest voter ID laws went into effect - found, among other things, that strict photo ID laws depressed Latino turnout by 10.3 percent and Democratic turnout by 7.7 percent in general elections.

     

    “We have two world views: the people that think voter fraud is rampant and the people who want to push the narrative that it’s hard to vote. The bottom line is neither is true,” Ohio Secretary of State Jon Husted (R) told News21. “I believe that both political parties are trying to push a narrative that suits their agenda.”

     

    Although Husted is hardly an impartial observer, having been sued multiple times over his state’s restrictive election policies, his observation doesn’t seem completely inaccurate. And even if the momentum continues to go in the direction of expanding voter access, the partisan divide on the issue will likely remain for some time to come.

     

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