All posts by Adam Pagnucco

Moon Explains Failure of Country Club Tax Break Bill

By Adam Pagnucco.

In the wake of the failure of his bill that would have phased out a special property tax break for MoCo country clubs, the Facebook page of Delegate David Moon (D-20) saw an eruption of commenters expressing outrage, disbelief and mockery.  (Some raised the prospect of starting country clubs in their back yards to get similar tax breaks.)  In response to repeated requests, Moon analyzed the arguments against his bill and told the story of how it died.  Moon’s account contains references to a well-intended amendment by Delegate Eric Luedtke (D-14), who tried to narrow the bill to allow it to pass.  But he also describes the tactics used by a lobbyist hired by the clubs to kill the bill which demonstrate just how far some special interests will go to protect what they have been granted by government.  We intend to find out what that lobbyist was paid when reports come due.

We reprint Moon’s breakdown of the arguments against his bill below.

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Let me finally try and add some detail to this bill.

Argument 1 – Treating MoCo Differently Than Other Counties: The bill as originally introduced repealed these tax breaks for all of Montgomery County’s golf courses. State law doesn’t allow counties to asses property differently from one another, so the bill needed a constitutional amendment (subject to approval by voters), to give MoCo permission to repeal the Country Club tax breaks. Some people (including Ike Leggett) argued that MoCo shouldn’t be taxing country clubs differently from other counties. I found that argument unpersuasive, as MoCo has a majority of the state’s country clubs receiving this tax break. Additionally, MoCo loses far more money from this tax break than other counties. This is because in 2002, state law created a flat fee for country club assessments at $1,000 an acre. The problem with that is that in MoCo, many of our country clubs are sitting on land worth between $300,000 and $1 million per acre. You will not find that scenario in any other county, as their land is worth far less. So the flat fee seriously harms counties with valuable land. I offered one amendment to change the bill to simply say the county should decide the country club tax assessments, since they are the ones losing money from this. That amendment failed narrowly. But even still, some people simply had a problem with amending the state constitution to fix this problem. I honestly don’t care what the mechanism is to address the issue (we inserted slot machines into our state constitution, for example). I also have a statewide bill (HB 1340) that addresses this issue by changing the $1,000/acre assessment to 1% of market value, to account for the different land values in Maryland. A few of my colleagues suggested this issue should be taken up as a statewide measure and didn’t think it made sense as a local bill. But to be honest, one of the reasons I did both a local bill and a statewide bill is that it will likely be far more difficult to persuade lawmakers from around the state to fix this broken system. It now remains to be seen whether lawmakers who opposed my MoCo bill on the grounds of treating all the counties the same will now support the statewide bill. I will forward the state bill to the County Executive to see if it now addresses his stated concerns.

Argument 2 – Some Country Clubs Are In Poor Financial Shape: A common argument made against my bill is that of the 15 or 16 MoCo golf courses receiving this tax break, not all had wealthy members. Some argued that they were teetering on the brink of closure and would shut down if this bill passed. The country club lobbyist got all the janitors and service staff from the clubs to come to Annapolis and tell lawmakers they would all be fired if the bill passed. It was a true spectacle. I tried to counter this argument with amendments to make the bill more need-based. I proposed that we cap the tax discount at the first $400,000 per acre of market value, so that almost all of the clubs would be unaffected except for the super wealthy ones that charge huge initiation fees ($40,000 to $70,000 just to join). The country club lobbyist opposed this and other amendments. Basically, they were saying this would put courses out of business, but when we proposed amendments to make that not the case, the lobbyist opposed those fixes, too. Nice move! To be fair to my House colleagues, they never had an opportunity to vote for this version of the bill, because we didn’t adopt the narrowing amendments in subcommittee.

Argument 3 – Country Clubs Provide Jobs & Do Charitable Work: Another routine argument during this debate was that the country clubs employ people and let charities use their facilities. My response here is that plenty of entities employ people and do charitable work AND pay their taxes. But what this argument really turns on, is the idea that passing this bill would put the clubs out of business. As I noted above, I had an amendment to address that issue, but the country club lobbyist (who was formerly a State Senator who sponsored the bill for country club tax cuts) opposed the amendment. Come on now.

Argument 4 – Open Space & Those Evil Developers!: Yet another frequently cited argument against my bill was that the country clubs would close and lead to rampant development. The Sierra Club ought to go do a membership drive at country clubs, because apparently there are hundreds of open space conservation activists at country clubs, and we didn’t know it! Kidding aside, there are a number of reasons why this is a flawed argument. First, it assumes that country clubs will close BECAUSE OF this bill. As I noted above, I offered to amend the bill to exclude clubs that are not wealthy. Second, you would have to believe that a wealthy club with hundreds of acres of land worth $1 million/acre and waiting list to join would shut the entire club over a tax bill increase in the thousands. As some have noted, the wealthy clubs could simply add some members or sell a tiny piece of their land IF this was really an issue (and I doubt it is, with the amendments I offered). Moreover, the teetering country clubs are in trouble because there is a generational shift away from golf being a popular hobby. We didn’t throw money at Blockbuster or Tower Records to keep those businesses open when the market shifted on them, but then again, their customers were not wealthy and politically influential people. Additionally, nothing would stop the county from exercising its zoning and staging authority over a failed country club, and I would be willing to bet that’s exactly what would happen if one of these clubs failed. Let’s also be clear that even if you don’t like development, only ONE of these clubs was in the Ag Reserve, and Eric Luedtke offered an amendment which I supported to exclude that club (it was rejected). Many of the clubs inside the beltway are in areas of the county that are zoned for development (not open space), per the master plans that guide county development. If people have a problem with that, they should argue for extending the Ag Reserve to the DC border, near highway exits and transit (an absurd policy proposition). Given that many of these inside-the-beltway clubs are located in highly desirable school districts, this amounts to an argument for residents who are privileged enough to live in the W cluster keeping out others who also want the privilege to live there. The tax implications of this de facto development moratorium are far greater than $10 million a year for the county. Moreover, a supermajority of MoCo lawmakers also cosponsored the bill to drop 50,000 Amazon workers onto the county without worrying about the development implications. But remember once again, that there were amendments offered to take this development issue off the table.

When I first embarked on this effort to rein in country club tax breaks, I thought this would be a simple bill. Boy was I wrong! I now know more than I could’ve imagined about this issue, and the more I learn the more I’m convinced that this situation is seriously messed up. I’ll be back with more legislation on this issue next year, including looking at how we enforce the anti-discrimination provisions regarding country clubs and pesticide restrictions for clubs receiving these tax breaks (since the environmental, open space argument is being made!).

In the meantime, I encourage everyone to listen to Malcolm Gladwell’s fascinating podcast on this topic.

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Licensees Complain of Ordering Outage at Liquor Monopoly

By Adam Pagnucco.

The Montgomery County Licensed Beverage Association, which was founded by licensees as “a voice for Montgomery County retailers and restaurants against unjust DLC practices,” is complaining about a maintenance outage in the liquor monopoly’s iStore and iSupplier ordering systems.  This is the second complaint about the monopoly this week after the co-owner of a closing Silver Spring restaurant blasted it as having a “bloated and antiquated bureaucracy.”  We reprint the association’s Facebook post, which contains DLC’s notice, below.

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MoCo Delegates Kill Moon Country Club Bill

By Adam Pagnucco.

Montgomery County’s Delegates have killed a local bill proposed by Delegate David Moon (D-20) that would have eliminated a special tax break for country clubs contained in state law.  Seventeen Delegates voted to kill the bill while seven voted in its favor.

Under current state law, the State Department of Assessments and Taxation (SDAT) is permitted to enter into agreements with country clubs possessing golf courses that would set the assessed value of their land at $1,000 per acre.  Moon’s bill would have phased out these agreements in Montgomery County subject to approval by voters.  The fiscal note on the bill indicated that the state government would have received an extra $1 million a year in tax revenue and the county government would have received an extra $10 million a year once the agreements were ended.  Despite the fact that the county just reported a $120 million shortfall, neither the County Executive nor the County Council supported the bill.

Since it was a local bill, the bill needed to clear Montgomery County’s House delegation before advancing to further votes by the county’s Senators and the full General Assembly.  That vote took place this morning.  After two unsuccessful attempts were made to amend the bill, Delegate Kathleen Dumais (D-15) made an unfavorable motion on it, which is tantamount to a no vote.  Delegate Sheila Hixson (D-20) seconded the motion.  Seventeen Delegates voted in favor of that motion and seven voted against.  The seven Delegates who voted in support of Moon’s bill were Moon, Ana Sol Gutierrez (D-18), Aruna Miller (D-15), Andrew Platt (D-17), Jeff Waldstreicher (D-18), Shane Robinson (D-39) and Jheanelle Wilkins (D-20).  We reprint the vote tally below.  In reading it, remember that a “Yea” vote is a vote to kill the bill.

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Co-Owner of Closing Restaurant Blasts Liquor Monopoly (Updated)

By Adam Pagnucco.

A co-owner of The Classics Restaurant, a Silver Spring steakhouse, has issued a statement placing part of the blame for his decision to close on the county’s liquor monopoly.  Co-owner Elliott Rattley said in part:

After some eleven and a half years, the Montgomery County Government has yet to show any support for the independent businessman in this area. Along with the onerous burden that the ineffective Montgomery County Department of Liquor Control places on an independent operator by their over the normal, for every local jurisdiction, pricing structure to support a bloated and antiquated bureaucracy, and the unfriendly business climate that Montgomery County in general creates, the continuance of this business is untenable. Of course, the loss of a Fortune 500 company directly across the street hastened this decision. (Discovery Channel)

Source of the Spring has the full statement.

In 2015, Delegate Bill Frick (D-16) introduced a bill that would have allowed MoCo voters to decide whether to end the monopoly.  An online petition initiated by your author gained more than 2,000 signatures from consumers, retailers and restaurant operators in favor of Frick’s bill.  County Executive Ike Leggett and the entire County Council except for Council Member Roger Berliner fought the bill and the delegation declined to pass it.  Seventh State asked Frick, Berliner, Council Member Marc Elrich and Council Member George Leventhal, all of whom are running for Executive, for their positions on the monopoly.  You can read their responses here.

Update: Patrick Lacefield, the county’s Director of Public Information, gave us the following on-the-record statement: “Our records indicate A single complaint ever (December 29, 2015 about an item not delivered).  Plus a $1000 fine for serving an underage person on December 5, 2013.  That’s pretty slim evidence.”

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MoCo Endorsements: February 15, 2018

By Adam Pagnucco.

Below, we present a preliminary list of institutional endorsements for MoCo candidates in contested races.  These lists are incomplete for two reasons: first, several influential players (like MCGEO, the Washington Post, the Volunteer Fire Fighters and the Realtors) have not concluded their endorsement processes and second, many of those who have endorsed have decided on some races but not yet others.  That is particularly true of MCEA, holder of the mighty Apple Ballot, which has issued one round of endorsements and will be issuing another round shortly.

A few notes.

First, incumbents are cleaning up as usual.  Challengers, we know you think you can do a better job than them.  But the incumbents have cast real live votes and have relationships you don’t have.  Deal with it!

Second, a handful of non-incumbents are starting to rack up progressive endorsements.  In MoCo, the two who stand out are Council Member Marc Elrich, who is running for Executive, and District 3 County Council candidate Ben Shnider, who is challenging incumbent Sidney Katz.  If Shnider’s endorsements keep snowballing can he pull off the unthinkable?  Delegate Jeff Waldstreicher, who is running for Senate, has now claimed five major institutional endorsements against one claimed by his opponent, Dana Beyer.

And third, there are so many big endorsements that have not yet come down.  It’s still early so don’t carve anyone’s tombstone yet.  That is particularly true of the Council At-Large race, where only incumbent Hans Riemer is building a big stack of them.  The coming endorsements could act as a critical differentiator in a historically huge field.

We will be updating this list periodically.  We will not be including individual endorsements from elected officials or other prominent muckety-mucks.  (OK, maybe if Barack Obama gets involved, we will make an exception.)  And we will not be listing endorsements from tiny, piddly-squit groups that have never shown any game here.  That means if the Wheaton Beer-Drinking Bass Guitarists Political Club issues an endorsement list, tough beans! – we will not be running it.

To be continued.

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Deportation Legal Defense is the Montgomery Way

By Seth Grimes.

Someone asked me earlier this week, “What is Montgomery County doing really well?”

My answer: We are a welcoming, compassionate, and inclusive community. That’s the Montgomery Way.

The Montgomery Way: Our $312 million Health & Human Services budget funds an array of programs that assist our most vulnerable neighbors. Our “inclusionary zoning” approach to land use has made the County an affordable housing leader. And we stand with our immigrant neighbors, including undocumented individuals, in the face of Trump Administration attacks and Republican congressional complicity.

Let’s credit County Executive Ike Leggett with shaping this ethos, which includes a policy of public-safety non-cooperation with federal immigration authorities. Yet attacks on immigrants are intensifying, nationally and here in the Washington DC area. We must respond. Let’s consider two ways we can strengthen local protections.

Montgomery County should fund deportation legal defense and pass a Community Trust Act that formalizes ICE non-cooperation as County law, a step promoted by CASA de Maryland.

Momentum toward these local steps has been building over the course of Donald Trump’s year in office. A start: I recall a productive Takoma Park Mobilization meeting with County Councilmembers Marc Elrich and George Leventhal last February at my office, to broach both ideas. (I’m a Mobilization co-founder; the Mobilization grew out of a November 11, 2016 Rally for Community, taking place the Friday after Trump’s election, that I initiated to show solidarity with immigrant and Muslim neighbors.)

Progress can take time, however; in the last year, the threat to undocumented neighbors has only grown. It’s time to act.

A Montgomery County Deportation Defense Coalition is pushing for action, for funding in the County’s FY19 budget. The Coalition’s argument: “Immigrants in deportation proceedings are not entitled to court-appointed counsel. This means that immigrants who cannot afford to hire an attorney must represent themselves. Per a nationwide study by the University of Pennsylvania School of Law, represented immigrants are 5.5 times more likely to win their case than non-represented immigrants.” Implicit is that it is our collective duty to stand with and support our neighbors facing deportation.

Public deportation legal defense funding could support and expand the work done by organizations such as Kids In Need of Defense (KIND), which seeks to ensure that every child in the immigration system has a lawyer. Ayuda and the Capital Area Immigrants’ Rights (CAIR) Coalition also provide legal services to individuals facing deportation. We’re not talking about a new assignment for the County Attorney.

There’s more we can do. A new Maryland Legislative Coalition, working closely with ACLU PeoplePower, is backing the Maryland SAFE Act, currently before the General Assembly. SAFE stands for Supporting All Families Everywhere; PeoplePower is an initiative dedicated to grassroots action in defense of civil liberties. The SAFE Act, HB 1461, was introduced Delegate Ana Sol Gutierrez. It would limit Immigration cooperation by state authorities and provide immunity and indemnification for officials who do not cooperate. SAFE is another form of deportation legal defense. I testified for 2017’s failed Maryland Law Enforcement and Governmental Trust Act, and I support this year’s very similar SAFE Act in addition to local, Montgomery County action.

Deportation legal defense is the Montgomery Way, a set of concrete steps we can and should take to ensure that ours remains a welcoming, compassionate, and inclusive community. The Trump Administration is targeting our immigrant neighbors. Deportation legal defense is an important way we can stand up and fight back.

Seth Grimes is a candidate for County Council At-Large.

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We Can’t Tell Them Apart

By Adam Pagnucco.

On Saturday, your author attended a forum for the two Senate candidates and eight House candidates running in District 18.  (These are the sad things we do after football season is over!)  What did we learn?

Not a whole lot.

You see, while MoCo has plenty of demographic, cultural and economic diversity, it has little political diversity – at least among those who run for office.  Take the candidates on stage.  Yes, there are demographic differences – two are African American men and five are women.  Yes, there are differences in life and professional experience.  They include a former teacher, a former doctor, a non-profit executive, two incumbent Delegates, a Town Council Member and more.  But on issues?

Let’s see.  They all support public education.  They all want more transportation options, especially those involving transit, walking and biking.  They all want more abundant and affordable health care coverage.  They are all pro-environment.  They are all pro-immigrant.  They all oppose Trumpism.  They all pledged to run positive campaigns.  (Can you imagine if any of them did not??)  They all… well, you get the idea.

There is more political diversity in every barroom, every Thanksgiving dinner and every long line at the grocery store than at a MoCo candidate forum!

The District 18 forum at Newport Mill Middle School.  Photo by Council At-Large candidate Evan Glass.

Let’s be restrained in our expectations: no one “wins” these forums.  The candidates’ objectives are to show that they are informed and competent, that they are in line with the values of folks in the room, and that they are not banana cakes.  Upon demonstrating minimum suitability, they then meet some activists who bring up micro-issues they have never heard of while they smile pleasantly and try to avoid checking their phones.

How do candidates stand out?  There are dozens and dozens of them on the ballot – thirty in the Council At-Large race alone.  The volume of mail about to descend on the county could clear a tropical rain forest.  Is bio and life experience enough?  Will anyone ace all the endorsements (aside from the incumbents)?  Will anyone be able to outspend the others?  That may be unlikely for a race dominated by public financing, as the Council At-Large race is, in which many candidates will be raising similar amounts.  Will any candidate dare to be different when political conformity is expected and few wish to deviate from the norm?

As for issues, here are a few questions that will draw out differences between candidates.  Moderators should keep them in mind for forums so that attendees will win the struggle to stay awake.

Do you support rent control?

Should the county and/or state governments require project labor agreements on construction projects providing for union representation of all craft workers?

Should the private sector be permitted to compete with the county’s liquor monopoly?

Should master plans require infrastructure to be built as a condition of allowing new development?

Do you support tuition-free public college for everyone?

Should the county build M-83, the Upcounty highway from Montgomery Village to Clarksburg?

Should existing traffic lanes be set aside as dedicated lanes for bus rapid transit?

Should a non-partisan commission draw Congressional and legislative district lines even if it means giving more seats to Republicans?  (Just watch the incumbent state legislators squirm on this one!)

Under what circumstances should taxes be raised?

How did you serve the community before you started running for office?

Please moderators – puh-leeeeeeeze – try to draw out some differences between our candidates.  Because heaven help us, for so many of them, we can’t tell them apart.

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Building Owners Make Council Endorsements

By Adam Pagnucco.

A PAC associated with the Apartment and Building Owners Association of Metropolitan Washington (AOBA) has endorsed Hans Riemer and Marilyn Balcombe for Council At-Large, Craig Rice in Council District 2 and Sidney Katz in Council District 3.  AOBA is one of a small number of business groups that endorse in county elections.  Two others are the Building Industry Association and the Realtors; the latter are known for sending out mail promoting endorsed candidates.  We reprint AOBA’s press release below.

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MoCo Had Nineteen New Business Filings in 2016

By Adam Pagnucco.

Your author has been a corporate and economic researcher for almost twenty-five years.  During that time, we have encountered MANY crazy statistics.  Most of them can be thrown out in ten seconds or less as obviously flawed, generated by suspect sources or both.  But once in a while, even a crazy statistic can have merit because it comes from an unimpeachable source.  This is one of those times.

According to the State Department of Assessments and Taxation (SDAT), there were nineteen new business filings in MoCo in Fiscal Year 2016.  Not nineteen thousand or nineteen hundred.  Nineteen.

This stat came to light in connection with HB380, a bill introduced by Delegate Mark Fisher (R-Calvert) that would exempt new businesses from paying personal property taxes.  In writing the fiscal note for the bill, the General Assembly’s Department of Legislative Services (DLS) had to estimate how many new businesses are started around the state and the volume of personal property taxes they pay.  So DLS went to SDAT, which processes business filings as part of its duties.  All corporations and partnerships must register with SDAT to operate legally in the state.  SDAT reported to DLS that the state had 332 new business filings in FY16, of which nineteen were in MoCo.

SDAT’s tabulation of new business filings by county in FY16.

Could this be a fluke?  That’s a natural question to ask of any seemingly crazy stat.  Fisher introduced a similar bill two years ago (HB572) for which a fiscal note was drafted using FY15 data.  In that year, the state had 536 new business filings, of which fifty-seven were in MoCo.

SDAT’s tabulation of new business filings by county in FY15.

Let’s note that this data does not directly address jobs, the huge majority of which are created by existing businesses that expand operations.  But MoCo has been a weak job generator over the last fifteen years and in order to have existing businesses, new ones must be constantly created.  An anemic pace of business formation may eventually impact job creation.

According to the Census Bureau’s 2012 Survey of Business Owners (available through American Fact Finder), there were 118,965 firms in Montgomery County, 21,396 of which had paid employees.  Given those numbers, one might expect hundreds of firms to start up and a similar number to go dark every year due to the churn of capitalism.  But nineteen new companies in one year?  Bethesda Magazine printed a list of sixteen Bethesda-area restaurants that closed in 2016.  If only a handful of more businesses closed in the entire county, MoCo would have had net negative business formation that year.

Additionally, MoCo’s performance relative to the rest of the state was sub-par.  According to the Census Bureau, the State of Maryland had 531,953 firms in 2012, of which 101,876 had paid employees.  So MoCo had 22% of all firms in the state and 21% of the firms with paid employees.  However, MoCo had just 6% of the state’s new business filings in 2016 and 11% of new filings in 2015.  We would love to acquire historical data to see if this is a trend.

This data joins soft recent growth in employment and income as well as the $120 million budget shortfall, half of which was due to factors other than tax planning by the wealthy, as evidence that our economy is not as strong as we would like it to be to pay our county’s bills.  And because the new business filings were weak in many other local jurisdictions besides MoCo, economic growth must draw attention across the state as well.

Which candidates for office do you think can help turn this around?

Update, 4/25/18

This was not clear in the fiscal note, but the Department of Legislative Services analyst who wrote it has stated that the new business filings referred to in the note only counted businesses with personal property.  The analyst wrote in an email:

The SDAT data used in Exhibit 1 in the Fiscal and Policy note is for new business filings for those businesses with assessed personal property for that year.  The fiscal note could have been worded a bit more specifically to mitigate any confusion, however, the bill would have provided a personal property exemption for businesses with personal property, so businesses with no personal property would not have had an impact on local revenues.  We never asked for all business filings as the bill really only dealt with a personal property tax exemption.

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Sierra Club Issues Second Round of Endorsements

By Adam Pagnucco.

The Maryland Sierra Club has issued a second round of state-level endorsements.  We have previously listed their first round of endorsements and their county-level endorsements in MoCo.  The new MoCo candidates who have been endorsed are:

District 14: Senator Craig Zucker, Delegate Pam Queen.  Delegates Anne Kaiser and Eric Luedtke were endorsed in the first round.

District 15: Delegate candidate Lily Qi.  Senator Brian Feldman and Delegates Kathleen Dumais and David Fraser-Hidalgo were endorsed in the first round.

District 16: Delegate candidate Sara Love.  Senator Susan Lee and Delegates Ariana Kelly and Marc Korman were endorsed in the first round.

District 17: Delegate candidate Julie Palakovich Carr.  Senator Cheryl Kagan and Delegates Kumar Barve and Jim Gilchrist were endorsed in the first round.

District 18: Senate candidate Jeff Waldstreicher, Delegate candidates Emily Shetty and Jared Solomon.  Delegate Al Carr was endorsed in the first round.

District 19: Senate candidate Ben Kramer, Delegate candidate Vaughn Stewart.  Delegates Bonnie Cullison and Marice Morales were endorsed in the first round.

District 20: Senator Will Smith, Delegate Jheanelle Wilkins.  Delegate David Moon was endorsed in the first round.

District 39: Senator Nancy King, Delegate candidate Lesley Lopez.  Delegates Kirill Reznik and Shane Robinson were endorsed in the first round.

Every MoCo incumbent running for reelection was endorsed.  Two Delegates running for Senate, Jeff Waldstreicher and Ben Kramer, were also endorsed.  The full statewide list can be seen here.

The big winners here are the non-incumbent House candidates looking to distance themselves from competitors, including Qi (D-15), Love (D-16), Palakovich Carr (D-17), Shetty and Solomon (D-18), Stewart (D-19) and Lopez (D-39).  Lopez is a really big winner because she gets to talk about something other than the District 39 slate controversy and she interrupts a growing slew of labor endorsements for her most viable rival, MCGEO employee Gabe Acevero.  Interestingly, the Sierra Club did not choose between the leading two District 20 open House seat contenders, Lorig Charkoudian and Darian Unger.

We are tracking prominent institutional endorsements and will post a summary list soon.

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