2016 ELECTION RESULTS U.S. CONGRESS, GOVERNORS AND INSURANCE COMMISSIONERS

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1 2016 ELECTION RESULTS U.S. CONGRESS, GOVERNORS AND INSURANCE COMMISSIONERS For more information, please contact Leslie Dughi, Director of Government Law & Policy at or Anne Bevis, Director of Legislative Services at ELECTIONS OVERVIEW The 2016 election cycle will most likely be remembered as one of the most combative in history beginning long before the primary and lasting through the general election. The harsh criticisms levied during coarse and protracted primary and general election debates served to increase voter fatigue which was already at an all-time high from the persistent battles between President Obama and Congress. An onslaught of independently wealthy candidates funding their own races with personal money trended from the Presidential race down to state legislative battlegrounds. Fueled by voter disappointment with politicians, many candidates for Florida s Congressional Delegation and the Florida Legislature spent significant personal money to win state legislative seats. These candidates used their outsider status as a means to badger establishment candidates, who they painted as being too beholden to special interest groups. The Republican presidential primary was marked by a crowded field of 12 candidates, endless televised debates that mimicked reality shows, and the emergence of businessman Donald Trump as the party s nominee to the chagrin of many party faithful. Even after endless gaffes and his seeming inability to steer clear of controversy, Trump s message as a political outsider resonated with voters who felt increasingly disenfranchised in a rapidly changing global economy. Early on, political insiders expected former U.S. Senator and Secretary of State Hillary Clinton to sail easily to the convention and become the Democratic nominee. However, voter mistrust and her personal unpopularity catapulted support for Bernie Sanders and ultimately pushed Clinton to adopt portions of his platform as her own to secure his support and clench the party s nomination. Following the primary, party nominees Clinton and Trump continued to bear negative poll numbers near 60 percent indicating that Republican and Democratic voters, as well as those with No Party Affiliation (NPA), were disenchanted with both candidates. Questions regarding Trump s treatment of women and minorities paralleled an unrelenting controversy over Clinton s use of a private server while Secretary of State. The election was historic. Trump s victory is the first time a person without any government service at all in the military or elected office was elected President. A Clinton victory would have marked the first time a female would have been elected President. As one of the swing states most likely to decide this election, Trump and Clinton campaigned across Florida in the final days. The day before Tuesday s General Election, polls in Florida showed Clinton and Trump in a virtual tie. At that time it was estimated that more than 6.4 million Floridians had cast their ballots either through early voting or by absentee ballot. The final day for early voting saw record numbers across Florida. When all ballots were cast, Florida saw an upswing in voter turnout of 74.2 percent. In the end, Trump won Florida s 29 electoral votes.

2 The tough election cycle did not bring about significant changes to the U.S. Congress even though antiincumbent sentiments were expressed by voters of all parties. Going into election night, the U.S. Senate was comprised of 54 Republicans, 44 Democrats, and two Independents. At this writing, Republicans have 51 confirmed seats while Democrats have 45, with a few races yet to call. On the House side, going into election night, the party breakdown was 246 Republicans to 186 Democrats and three seats were vacant. As of this writing, Republicans have 236 confirmed seats while Democrats have 191. Eight seats are yet to be decided. Another aspect affecting Florida election results was a change, over time, in the state s voter registration. Over the last several years, registered Democrats have grown in this state, even though the Governor, Cabinet, Senate President and the House Speaker are Republicans. The state, much like the rest of the country, saw a marked increase in voters registered as NPA. As a result of Hurricane Matthew that hit the state in October, the voter registration deadline was extended by one week. During that time, Democrats outpaced Republicans with new voter registrations by more than 8,000. The increased Democratic registration did not result in the Democrats gaining a significant amount of seats in the Congressional Delegation or the Florida Legislature. U.S. SENATE Heading into election night, the U.S. Senate was comprised of 54 Republicans, 44 Democrats, and two Independents. Only 34 of the 100 Senate seats were up for election in 2016, and there was speculation early on that Democrats might win the necessary five seats to take control of the Senate. Trump s late surge ensured Republican control was retained in the Senate. At this writing, Republicans have 51 confirmed seats while Democrats have 45, with a few races yet to call. Outlined below are the races yet to be confirmed and the seats that switched parties thus far: Yet to be Confirmed Louisiana A runoff election will be held on December 10 to decide who will replace Republican Senator David Vitter who chose not to run again. The race will be between Republican John Kennedy and Democrat Foster Campbell. New Hampshire The unofficial election results show current Republican Senator Kelly Ayotte leading with 48 percent over Democratic Governor Maggie Hassan with 47.8 percent. Democratic Gains Illinois Democratic war hero and double amputee Tammy Duckworth ousted Republican incumbent Mark Kirk. Republican Gains Indiana Democratic incumbent Evan Bayh bested by Republican Todd Young. Republican Kentucky Senator Mitch McConnell will continue as Majority Leader of the Senate, and New York s Senator Chuck Schumer is expected to serve as the Minority Leader. U.S. HOUSE OF REPRESENTATIVES In the U.S. House of Representatives, all 435 seats were up for election and the party breakdown going into election night was 246 Republicans to 186 Democrats. Three seats were vacant. There was never a question that Republicans would maintain control of the House as Democrats would need to gain 30 seats to win a majority. As of this writing, Republicans have 236 confirmed seats while Democrats have 191. Eight seats are yet to be decided. U.S. House Speaker Paul Ryan from Wisconsin is expected to remain at the helm. During

3 the campaign, Ryan showed tepid support for Trump throughout the cycle. However, Ryan s home state went with Trump over Clinton on election night. U.S. GOVERNORS Of the 50 Governors seats across the nation, 31are held by Republicans, 18 by Democrats, and one is held by a registered Independent Alaska Governor Bill Walker. In 2016, 12 gubernatorial seats were up for election, and a special election will be held on Election Day to decide Oregon s new Governor. Outlined below are the results of the 12 gubernatorial races that were decided once the ballots were counted Tuesday night. The Republicans appear headed for a net gain of three Governor posts. At this writing, the results in North Carolina have yet to be finalized. Delaware Current Democratic Governor Jack Markell elected in 2008 and re-elected in 2012, has reached his term limit and cannot seek another term. Democrats have held the Governor s seat since 1993 which is the longest period of single party statehouse rule. Democratic Delaware Congressman John Carney vacated his seat to run for Governor and was easily elected in this Democrat-dominated state. This may be one of the most civil races of this highly-contentious election cycle, as Carney and his opponent, Republican state Senator Colin Bonini are friends. John Carney Jr. (D) 58.34% U.S. Congressman; Former Lt Governor; Unopposed in Primary Indiana Republican Governor Mike Pence initially filed to run for a second term with Lt. Governor Eric Holcomb until Pence joined the Trump ticket on July 15 th. Prior to Pence s departure, the gubernatorial race was set to be a rematch between Pence and former Indiana Democratic Speaker of the House John Gregg, whom Pence narrowly defeated in The late move by Holcomb into the race for the top spot left him very little time to raise his name recognition among voters. When all the ballots were cast, Holcomb was able to best Gregg, and the Republicans maintained the seat. Eric Holcomb (R) 51.4% Lieutenant Governor of Indiana Missouri With Democratic Governor Jay Nixon reaching his term limit and unable to run for re-election, this race became one of the most watched in the country. Republicans control the Legislature, and voters have supported the GOP nominee in the last several Presidential elections. Trump s strong showing in the state gave Republican Eric Greitens a win over Democratic Attorney General Chris Koster and put Missouri into the GOP-controlled column. Eric Greitens (R) 51.28% Nonprofit executive and Former U.S. Navy SEAL Montana Sitting Democratic Governor Steve Bullock took this seat in 2013 following a five-year stint as the state s Attorney General. Bullock was faced with a race against Republican outsider businessman Greg Gianforte. The final weeks of the campaign turned negative with Bullock criticizing Gianforte for selffunding his campaign and Gianforte hitting back with questions about Bullock s use of the state plane for campaign events. Despite a surge by the Trump campaign, Bullock held onto his seat.

4 Steve Bullock (D) 48.9% Incumbent Governor New Hampshire The Democrats have held the Governor s seat since 2005 but Democratic Governor Maggie Hassan s departure to run for the U.S. Senate presented an opportunity for the Republicans in This hotlycontested race pitted two Executive Councilmen Democrat Colin Van Ostern and Republican Chris Sununu against each other. Riding the Trump surge on election day Sununu, whose brother served in the U.S. House and Senate, bested Van Ostern to move this seat into the Republican column. Chris Sununu (R) 48.88% Executive Councilor Since 2011, CEO of Waterville Valley Ski Resort North Carolina Possible Recount Late in the election cycle, Republican Governor Pat McCrory came under fire for signing into law a bill that bars transgender people from bathrooms and locker rooms that do not match the gender on their birth certificates. As a result, Democratic Attorney General Roy Cooper s fundraising and poll numbers surged. The latest results indicate that McCrory is down by.10 percent to Cooper with a difference 4,772 votes. In the early hours of Wednesday morning, Governor McCrory told supporters that a winner most likely wouldn t be declared until November 18 th the date when every North Carolina s county board of election must canvass the votes and report it to the state board of elections. Pat McCrory (R) 48.86% Governor of North Carolina since 2012 Roy Cooper (D) 48.97% Democratic Attorney General North Dakota Republicans have held the Governor s seat since 1993, and the Legislature since Even with current Republican Governor Jack Dalrymple not running for re-election, political insiders expected the seat to remain Republican. The most excitement occurred in the Republican primary when businessman Doug Burgum bested Attorney General Wayne Stenehjem. Ultimately, Burgum won the general election by a wide margin keeping the Republicans strongly in control of this state. Doug Burgum (R) 76.51% Former Microsoft Executive Oregon A scandal over influence-peddling by Democratic Governor John Kitzhaber and his fiancé, forced Kitzhaber s February 2015 resignation. The state does not have a position of Lieutenant Governor, so the next in line was Democratic Secretary of State Kate Brown. Tuesday s race, a special election to fill the final two years of Kitzhaber s term, pitted Brown against Republican physician Bud Pierce. Several missteps by Pierce during the campaign secured the win for Brown who will serve until January As a result, Oregon has made history by being the first state to elect an openly-lgbt governor. Kate Brown (D/Working Families) 50.5% Governor of Oregon since 2015 Utah Current Republican Governor Gary Herbert took office in 2008 to finish Governor Huntsman s term following his resignation to become the U.S. Ambassador to China. Herbert was subsequently re-elected

5 and in the 2016 primary, he beat former Overstock.com CEO Jonathan Johnson. On Election Day, it was no surprise that Herbert beat Democrat Mike Weinholtz in this strong Republican state. Gary Herbert (R) 66.56% Incumbent Governor Vermont Vermont chooses a Governor every two years, and there is no limit on the number of terms a Governor may serve. The current Governor of Bernie Sanders home state, Democrat Peter Shumlin, has held the seat since However, he chose not to run for re-election in 2016 which provided an opportunity for Republican Lieutenant Governor Phil Scott. Ultimately, Scott s popularity in this left-leaning state helped him beat Democrat Sue Minter. Phil Scott (R) 52.19% Lieutenant Governor of Vermont since 2011 Washington Washington has elected Democratic governors since 1985, albeit by small margins. Current Democratic Governor Jay Inslee s low approval ratings gave an opening for Republicans to pick up the seat. However, this left-leaning state made fundraising difficult for GOP candidate and Seattle Port Commissioner Bill Bryant. Ultimately, Inslee won another term despite the Republican surge led by Donald Trump. Jay Inslee (D) 56.38% Incumbent Governor since 2013 West Virginia This is one of the most closely watched open gubernatorial seats this cycle. Having reached his term limit, current Democratic Governor Earl Ray Tomlin cannot run again. Trump won resoundingly in the primary and Clinton lost her primary to Bernie Sanders. Republican State Senate President Bill Cole is pitted against Democratic billionaire and coal magnate Jim Justice. When the dust settled, even the late Trump surge could not boost Cole to a win over Justice. Jim Justice (D) 49.0% Coal and Agriculture Executive U. S INSURANCE COMMISSIONERS Thirty-nine states appoint their insurance commissioners and 11 hold partisan elections. Of the 11 races - six are held by Republicans and five are held by Democrats. For the 2016 election, five Commissioner seats were set for election. Two of those have incumbents running (North Carolina and Washington) and three are open seats (Delaware, Montana, and North Dakota). Delaware While seeking a third term as Insurance Commissioner, Democrat Karen Weldin Stewart was defeated in the primary by Trinidad Navarro. Navarro went on to beat Republican Jeff Cragg in the general election Trinidad Navarro (D) 59.28% New Castle County Sheriff since 2011and insurance agent

6 Montana Current Democratic Commissioner of Securities and Insurance Monica Lindeen chose to run for Secretary of State and did not seek re-election. Her Chief Counsel and former state Senator Jesse Laslovich ran to replace Lindeen on the Democratic ticket. He was challenged by former Republican state Senator Matthew Rosendale. As of this writing, Rosendale has a slim lead over Laslovich and it appears he could become the state s first Republican to win this post. Jesse Laslovich (D) 45.0% Chief counsel to current insurance commissioner; Senate member ; House member Matthew Rosendale (R) 54.0% Majority Leader since 2015; Elected to Senate 2013; House member North Carolina Current Democratic Insurance Commissioner Wayne Goodwin, seeking a third term in office, ran unopposed in the primary. The general race was a rematch between Goodwin and Republican insurance agency owner Mike Causey, who lost to Goodwin in 2012 by four percentage points. A late surge for Donald Trump resulted in a Causey win, the first time a Republican has held this post. Mike Causey (R) 50.4% Insurance Agency Owner North Dakota With the current Republican Insurance Commissioner Adam Hamm not seeking re-election, the race to fill this open seat was expected to be close. Republican Jon Godfread bested Democratic teacher Ruth Buffalo for the seat which has been held by Republicans for the last 50 years.. Jon Godfread (R) 64.4% VP of Governmental Affairs, Greater North Dakota Chamber Washington Current Democratic Insurance Commissioner Mike Kreidler has held the seat since 2001 and was pitted against Republican Richard Schrock, former Director of the State Department of Commerce. Ultimately, Kreidler, who has been a supporter of the Affordable Health Care Act, easily won re-election. Mike Kreidler (D) 60.13% Insurance Commissioner since 2001; U.S. Representative ; State Senator ; State Representative GT Tallahassee Government Law & Policy Team Greenberg Traurig 101 East College Avenue Tallahassee Florida This Greenberg Traurig Report is issued for informational purposes only and is not intended to be construed or used as general legal advice nor as a solicitation of any type. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer s legal qualifications and experience. Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A Greenberg Traurig, P.A. All rights reserved. Unauthorized distribution or use is not permitted.