A record-low number of contested state legislative primaries to take place in Rhode Island on Sept. 10

Welcome to the Monday, Sept. 9, Brew.

Here’s what’s in store for you as you start your day:

1. A record-low number of contested state legislative primaries to take place in Rhode Island on Sept. 10
2. President Joe Biden (D) issued no executive orders in August
3. State supreme court vacancy count for August 2024

A record-low number of contested state legislative primaries to take place in Rhode Island on Sept. 10

The final statewide primary day of the season is tomorrow, Sept. 10. Rhode Island is holding congressional and state legislative primaries – let’s dive into what voters will see.

Why it matters at the national level

In the U.S. Senate, Democrats currently have a majority. There are 46 Democrats, 49 Republicans, four independents, and one vacancy. Three independents caucus with the Democratic Party, and one other counts towards the Democratic majority for committee purposes. Thirty-four of 100 seats are up for election, including one special election. Of the seats up for election in 2024, Democrats hold 18, Republicans hold 11, independents hold four, and one is vacant.

In the U.S. House, Republicans currently have a 220-211 majority with four vacancies. Rhode Island’s U.S. House delegation includes two Democrats.

Primary elections

U.S. Senate

Raymond McKay (R) and Patricia Morgan (R) are running in the Republican primary. Incumbent Sen. Sheldon Whitehouse (D) and Michael Costa (D) are running in the Democratic primary. Whitehouse was first elected in 2006 by a margin of seven percentage points. He was re-elected in 2012 and again in 2018 by margins of 29.8 and 23.1 percentage points, respectively.

U.S. House

Four candidates—two Democrats and two Republicans—are running for Rhode Island’s two U.S. House districts. Here are some other highlights from this year’s filings:

• The number of candidates running this year is also the fewest in the last 10 years. Eight candidates ran in 2022, five in 2020, six in 2018, seven in 2016, and six in 2014.
• This is the only time in the last 10 years that there have been no contested primaries. Between 2014 and 2022, an average of 1.8 primaries were contested each election year.
• Both incumbents—Reps. Gabe Amo (D-01) and Seth Magaziner (D-02)—are running for re-election this year. One district was open in 2022, the only election year in the last 10 years in which a district was open. Magaziner defeated Allan Fung (R) 50.4% to 46.7% that year.

General Assembly

All 113 seats In the Rhode Island General Assembly—38 in the state Senate and 75 in the state House—are up for election this year. Rhode Island is one of 17 Democratic trifectas. The state had a divided government from 1995 until 2013, when then-Gov. Lincoln Chafee changed his party affiliation from Independent to Democratic. Democrats currently have a 32-5 majority with one vacancy in the state Senate and a 65-9 majority with one independent in the state House.

This year’s state legislative primaries also have a record-low number of total contested races. All 18 of this year’s contested primaries—the fewest since 2010—are Democratic. This is also the lowest number of contested primaries for both parties since 2010. This year, Rhode Island is one of nine states that saw their lowest number of total contested primaries since 2010.

Common Cause Rhode Island’s John Marrion told The Boston Globe that multiple factors could contribute to the lower number of contested primaries: “There are systemic barriers to running for office that include access to money and access to the supporters you need to run a good campaign.”

Now, let’s look at some other highlights from this year’s filings:

• One hundred seventy-five candidates—138 Democrats and 41 Republicans—are running for the General Assembly this year. Forty-five candidates are running for the state Senate, and 130 are for the state House.
• Nine seats—four in the state Senate and five in the state House—are open this year. Republicans hold three of those seats, and Democrats hold six seats.
• Twelve incumbents—all Democrats—are in contested primaries. Three of those incumbents are state senators, and nine are state representatives.

President Joe Biden (D) issued no executive orders in August

President Joe Biden (D) issued no executive orders in August, keeping his total at 141.

This was the fifth month of his presidency, where he issued no executive orders. The other four instances took place in November 2022, January 2023, January 2024, and May 2024.

Biden issued 25 executive orders in January 2021, more than any other month of his presidency.

Biden has issued an average of 40 executive orders per year in office, the third-lowest average among the seven presidents who have held office since 1981. Donald Trump (R) averaged 55 executive orders per year, the most in that time. Barack Obama (D) averaged 35 per year, the fewest in that time.

Franklin D. Roosevelt (D) issued an average of 307 executive orders per year in office, the most of all U.S. presidents. William Henry Harrison (Whig) averaged the fewest, issuing none during his one month in office. Three presidents issued only one executive order each: James Madison (Democratic-Republican), James Monroe (Democratic-Republican), and John Adams (Federalist).

State supreme court vacancy count for August 2024

In this month’s state supreme court vacancy update, Ballotpedia identified one retirement announcement and two retirements. We also tracked nominations, appointments, confirmations, and swearing-in of justices from July 26 to Sept. 1.

There are 344 state supreme court justices serving in 52 supreme courts nationwide. Each state has at least one supreme court, or court of last resort. Oklahoma and Texas both have two courts of last resort, one for civil appeals and one for criminal appeals. Check out the map below for a nationwide breakdown of selection methods in state supreme courts.

Eighty-two state supreme court seats in 33 states are up for election in 2024. Nonpartisan justices hold 63, Republican justices hold 14, and Democratic justices hold five.

Retirements

One justice announced his retirement, and two justices retired.

• On Aug. 21, Nebraska Supreme Court Chief Justice Michael Heavican, who has served on the court since 2006, announced that he would retire on Oct. 31. Gov. Jim Pillen (R) will appoint a successor with help from a nominating commission.
• New Jersey Supreme Court Justice Lee A. Solomon, who has served on the court since 2014, retired on Aug. 17 after reaching the state’s mandatory retirement age of 70. Gov. Phil Murphy (D) nominated John Jay Hoffman to succeed Solomon. As of Sept. 1, the state Senate has yet to confirm Hoffman.
• Tennessee Supreme Court Chief Justice Roger A. Page, who has served on the court since 2016, retired on Aug. 31. Gov. Bill Lee (R) nominated Mary L. Wagner as Page’s successor. Both chambers of the General Assembly confirmed her appointment.

Nominations, appointments, and confirmations

One candidate was nominated to succeed a chief justice, and a list of applicants was released to succeed another.

• The Alaska Judicial Council released a list of seven candidates who applied to succeed Chief Justice Peter J. Maassen. The council will interview the candidates and release a list of at least two applicants they determine qualified for the position. Gov. Mike Dunleavy (R) will then appoint Maassen’s successor, who will serve for at least three years before being able to run for election. Maassen’s successor will take office after the chief justice retires and be sworn in as an Alaska Supreme Court associate justice. As of Sept. 1, Maassen has not announced his official retirement date, but he will have to step down by January 2025, after he reaches Alaska’s mandatory retirement age of 70.
• On Aug. 29, Connecticut Gov. Ned Lamont (D) nominated Justice Raheem Mullins to succeed Chief Justice Richard Robinson. Mullins has served as an associate justice on the court since 2017. If confirmed by the General Assembly, Mullins will serve a full eight-year term as the chief justice, and then Lamont will need to select a nominee to fill Mullins’ current position.

Justices sworn in

Five justices were sworn in since last month’s state supreme court vacancy count.

• South Carolina Supreme Court Justice John Kittredge was sworn in to succeed Chief Justice Donald Beatty. Following Kittredge’s ascension as chief justice, Letitia H. Verdin was sworn in to replace him on July 31.
• Peter K. Killough was sworn in to succeed Justice Michele D. Hotten on the Maryland Supreme Court on July 31. He will serve for at least one year before he can run for election. If elected, Killough would serve a 10-year term.
• Theodora Gaïtas was sworn in to succeed Justice Margaret Chutich on the Minnesota Supreme Court on Aug.1. She will have the opportunity to run for re-election in 2026 in a nonpartisan election.
• Wagner was sworn in to succeed Page on the Tennessee Supreme Court on Sept. 1. She will be able to run for election in 2026 when her unexpired term is finished. If elected, Wagner would serve a full eight-year term.