JUNE 2020 | VOLUME 29, NO. 5 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE As election nears, states prepare What’s at stake in fall elections Partisan Control of state legislatures for big changes in how people vote * In parts of Midwest, primaries had record-high numbers of individuals vote by mail by Tim Anderson ([email protected]) receive a mailing to make them aware percent of the ballots cast came * of this option, and then will receive an from absentee mailings; that is very, n the weeks leading up to Nov. absentee-ballot application. very high for us,” says Iowa Secretary 3, Illinois will be preparing for a All of those changes are the result of State Paul Pate, whose office general election expected to be like All seats in lower chamber, some seats in I of SB 1863, legislation passed earlier sent absentee-ballot request forms upper chamber none other in the state’s history. this year to help authorities in Illinois to every active registered voter in All seats in lower and upper chambers That date will be a state holiday, in conduct an election in the midst of advance of the June election. part to help secure alternative polling a public health crisis, the COVID-19 “Those high numbers [of absentee All seats in lower chamber, no seats in sites as some locations become pandemic. ballots] made our polling sites on upper chamber unavailable due to pandemic-related “The law is for one year only, and the day of the election much more health concerns. Some seats in unicameral legislature that gave people more comfort manageable, in terms of keeping On Election Day, individuals as in knowing that it was a one-time voters and poll workers safe.” Some seats in lower and upper chambers young as age 16 will be poll workers, change,” says Illinois Sen. Julie Other states also were reporting and election officials will have the Morrison, who helped lead legislative * Indiana and North Dakota also have races for historic numbers of votes cast via governor that will be decided in November authority to administer curbside efforts on SB 1863. voting. absentee ballot (mostly by mail) — And perhaps most noteworthy of three-quarters of the total votes in Midwest’s Congressional delegation all, the state is likely to have a huge ‘INEVITABLE INCREASE’ Nebraska and Wisconsin, for example, jump in the number of people who Across the Midwest, big changes while all of North Dakota’s counties vote by mail. Every person who has already have occurred in 2020, the used their existing authority under voted over the past two years will result of primaries being held when state law to hold vote-by-mail * people were being elections. * told to socially “I think the big picture from the * distance, avoid primaries is that vote-by-mail is * * crowds and stay inevitably going to increase,” says home whenever Amber McReynolds, CEO of the possible. National Vote at Home Institute. In Iowa, for “It’s not up to politicians or elected All of state’s U.S. House seats, one of state’s example, the June 2 officials at this point. People are two U.S. Senate seats (South Dakota only primary had record choosing to vote this way.” has one U.S. House seat) turnout — though State policies, though, can make a All of state’s U.S. House seats, none of state’s a much smaller big difference. McReynolds is a former two U.S. Senate seats (North Dakota only number of voters local elections official in Colorado, has one U.S. House seat) actually went to the one of a handful of states where every * In the race for president, Iowa, Michigan, polls. registered voter is mailed a ballot (not Minnesota, Ohio and Wisconsin are commonly “Close to 80 just an application). In 2016, close to listed by polling sites as key “swing” states COVER STORY CONTINUED ON PAGE 7 Inside this issue CSG Midwest Issue Briefs 2-3 Question of the Month 5 Capitol Insights 8-9 • Agriculture & Natural Resources: New Minnesota law aims • What steps have states taken to encourage the use of • Profile: Minnesota to help stave off farm bankruptcies through mediation employee stock ownership plans by businesses? Senate Assistant Majority Leader Karin • Criminal Justice & Public Safety: Across Midwest, new Housley laws demand more data to drive policy reforms Capitol Clips 6 • FirstPerson article: • Health & Human Services: Moratoria on utility shutoffs • From bans on chokeholds to new ways of prosecuting police Wisconsin Senate were widespread in the spring, but next steps are unclear wrongdoing, states re-examine laws on law enforcement President Roger Roth • Economic Development: States face long road to recovery, • In Saskatchewan, wage on how his state executed a virtual session this spring and challenges include helping displaced workers supplement helped essential workers during pandemic CSG Midwest News 10 Around the Region 4 • Michigan enters next phase of • Great Lakes-St. Lawrence Legislative Caucus secures grant plan for citizens to redraw state’s • States ramp up investments in contact tracing to ‘box in’ to continue work on protecting region’s water resources political maps COVID-19, including North Dakota’s early use of an app • Indiana provides financial bridge BILLD Page 11 Capital Closeup 5 for individuals transitioning from public health insurance to private • Graduates of CSG’s Bowhay Institute for Legislative • Use of legislative auditing, power of committees help coverage Leadership Development share their perspectives on the ensure oversight of states’ executive branches importance of civil discourse CSG MIDWEST ISSUE BRIEFS Agriculture & Natural Resources Minnesota responds to rise in farm bankruptcies with change in law requiring creditors to offer mediation by Carolyn Orr ([email protected]) neutral facilitator. (The creditor must Between April 2019 and March # of Chapter 12 farm bankruptcies take part in the mediation if the farmer 2020, there was a 23 percent o get three major pieces of wants it.) increase in Chapter 12 filings between April 2019 and March 2020 legislation passed with unanimous Early in the year, a broad grassroots compared to filings the previous Tor near-unanimous votes can be a movement of farmers began year. The Midwest (and Wisconsin’s 0 challenge at any time. approaching legislators to extend the dairy farmers, in particular) has In Minnesota this year, lawmakers time allowed for mediation. The old law been especially hard hit. 35 found a way to get that done in gave the two sides 90 days to reach an Along with this adjustment 17 78 agriculture policy under some agreement. in the Farmer-Lender Mediation 16 unforeseen, exceptional circumstances But with this year’s passage of HF Act, Minnesota legislators came 37 — having to conduct business remotely, 41 4599, legislators extended the mediation to broad agreement on new 12 and in a Legislature where partisan 13 12 time to 150 days or Dec. 1, whichever is agriculture-focused appropriations control is split. later. This provides time for markets to “By building relationships across (HF 4490) and policy (HF 4285) bills. 33 recover or for additional federal aid to Poppe cites two key provisions in the aisle, in the other chamber and reach farmers, at a time when already- with staff, we were able to identify those measures. Sources: American Farm Bureau Federation and data from challenging market conditions have First, the state will continue U.S. courts everyone’s priorities and get to the right been compounded by the impacts of end results,” says Rep. Jeanne Poppe, to fund farm-safety grants that the COVID-19 pandemic. For help farmers install new rollover who serves as the chair processing plants to expand operations example, some producers protective structures on older tractors of the House Committee in order to handle the backlog of have had to dump milk or (at a state matching rate of 70 percent) on Agriculture and Food livestock due to the closure of major euthanize livestock because and invest in new safety features for farm Finance and Policy. processing facilities; of processing and marketing work in and around grain safety bins Perhaps the most issues. • expansion of state Department of impactful and unique piece (state matching rate of 75 percent). Poppe credits the outreach Agriculture programs (using a portion of legislation — especially Second, lawmakers added statutory of constituents early on of new federal COVID-19 relief funds) considering economic language extending immunity to for the unanimous votes in to improve mental health services and conditions in the agricultural veterinarians who report suspected both chambers in favor of suicide prevention programs; and sector — was a modification cases of animal abuse to authorities. Minnesota Rep. HF 4599. This bill was signed • modification of a disaster-relief of Minnesota’s Farmer- “Farm safety grants and the veterinary Jeanne Poppe into law in May. immunity legislation had been included program for farmers so that assistance Lender Mediation Act. This can be provided based on revenue losses law dates back to 1986, Farmer-mediation statutes in previous legislation, and while it was due to “contagious animal disease” or “an and it gives farmers the also exist in states such as frustrating that all negotiations had infectious human disease.” opportunity to renegotiate, restructure Iowa, Nebraska and Wisconsin. to be done over the phone or email, or resolve farm debt through mediation. These types of measures were passed relationships that were built during Under the law, creditors cannot collect as a result of the farm crisis of the 1980s, the budget negotiations of 2019 were Minnesota Rep. Paul Anderson and Illinois a debt against an agricultural property and they are just as important now.