Veto Power

Good morning from Buffalo, New York, on this first day of Hanukkah, a time that reminds us that even in the darkest moments, light endures. We stand with Jewish communities around the world and mourn the lives lost in the tragic attack in Sydney. May the candles bring comfort, strength, and renewed hope for peace.

Governor Kathy Hochul has continued to make her way through the hundreds of bills passed by the Legislature earlier this year, this time issuing a flurry of vetoes for the first time in nearly two months. Among the bills she rejected was a high-profile measure that would have amended wrongful death statutes by allowing recovery for non-economic damages, known as the Grieving Families Act. This was the fourth year in a row that Hochul has vetoed the legislation and expressed frustration with the legislature for continuing to send it to her desk, telling reporters, “Don’t pass the same bill four times if you want a different result.” Hochul also vetoed legislation that would have prevented a mayor from kicking referendums initiated by a city council off the ballot in favor of their own. The legislation was a reaction from New York City Council members to outgoing Mayor Eric Adams employing that power earlier this year, but Hochul indicated in her veto message that the legislation was too broad and would have impacts beyond New York City. 

Hochul issued a blanket veto of 18 bills that would have established various task forces and commissions, estimated to cost $30 million, with funding not included in the budget. In her veto message, Hochul said, “Without appropriate funding, these unbudgeted costs would create significant staffing and other programmatic burdens on state agencies.” A handful of bills that would have further regulated utility companies were also vetoed, including measures requiring utilities to provide a 45-day written notice of any rate hikes and a proposal requiring property owners to be notified before maintenance work begins. Also vetoed was a bill that would have tasked the Empire State Plaza Art Commission with renaming the four office buildings on the west side of Empire State Plaza—currently creatively named one, two, three, and four.  

Hochul outright signed or agreed to chapter amendments on a number of bills as well. One of the bills she signed will allow for “retail-to-retail” liquor sales, allowing bars and restaurants to purchase alcohol from retail stores when their regular wholesale orders run out before the next scheduled delivery. Hochul signed a pair of higher education bills, one of which requires educational institutions to include a clearer calculation of the true cost of attendance in a student’s award letter. The other bill ensures that students granted diplomas through online programs accredited with the federal Jobs Corps Policy & Requirements Handbook are eligible for admission to New York’s colleges and universities. 

Hochul’s Executive Chamber team will be getting a shakeup with the announcement last week that current Director of State Operations, Kathryn Garcia, will be leaving her post to serve as the next Executive Director of the Port Authority of New York and New Jersey. In a statement, Hochul said, “I have long believed that my greatest talent is finding talent, and I am fortunate to have two of New York’s most talented public servants as my Director of State Operations. I am incredibly grateful to have had Kathryn Garcia serve in that role for more than four years, during which time she helped us transform New York for the better.” Hochul also announced that Garcia’s successor will be Jackie Bray, the current Commissioner of the Division of Homeland Security and Emergency Operations. Hochul expressed confidence in Bray’s ability to step into the role, widely considered one of the most powerful non-elected positions in state government, saying in a statement, “Kathryn leaves big shoes to fill, but New Yorkers could not ask for a better leader to step into this critical role than Jackie Bray. As Commissioner of the Division of Homeland Security and Emergency Services, Jackie has helped lead the State’s emergency management response through extreme weather, infectious disease outbreaks, and threats to our public safety.” 

The state Office of Cannabis Management (OCM) announced last week that it is extending the deadline for New York’s recreational marijuana market to implement a mandatory “seed-to-sale” digital tracking system from December 17th to January 12th. The program, intended to crack down on illicit cannabis sales by tracking products along the entire supply chain, raised concern among industry stakeholders who were worried about the implementation interrupting sales during one of the busiest times of year for the marijuana market. While the delay is a welcome development, many cultivators and retailers see the long-overdue digital tracking system as another onerous compliance regulation that will drive up costs. This all comes amid another leadership shakeup at OCM, with Hochul calling for the resignations of Felicia A.B. Reid, who has served as OCM’s acting executive director since June 2024, and OCM Deputy Counsel James Rogers. In a statement, Hochul offered, “Too often, the Office of Cannabis Management has stood in the way of the market realizing its potential, including most recently in the case of a pending compliance action that it has had to withdraw. As a result, I directed my office to take action, including requesting the resignation of the acting executive director. That resignation has been accepted and is effective immediately.” What a mess.

In political news, Nassau County Executive Bruce Blakeman announced a run for governor, setting up a contentious GOP primary against Rep. Elise Stefanik. Blakeman was elected County Executive in 2021 and has touted his ability to win in areas where Democrats outnumber Republicans, as is the case in Nassau County. Stefanik, running a decidedly more MAGA campaign, is already pushing back on Blakeman’s campaign and pitching herself as the strongest candidate to defeat Hochul, saying through a spokesman, “Elise is the strongest candidate against Kathy Hochul by a long shot. Elise has outrun President Trump on the ballot by more than any Republican in New York State, including Bruce. Elise has led the most effective attacks on the Worst Governor in America, Kathy Hochul, as Bruce Blakeman has worked overtime to torpedo fellow Republicans.” President Trump has not yet given a formal endorsement to either candidate, telling reporters, “I'll think about it. But he's great. And she's great. They're both great people. We have a lot of great people in the Republican Party.” Though there are indications the president tried to dissuade Blakeman. More here.

“Many of them are saying to me I have a better chance to win because I have the executive background.” The New York Republican Party will formally issue its endorsement at the party convention in February, giving both candidates plenty of time to lobby GOP power players for their support. Of course, the person happiest about this development?  Kathy Hochul.

In Texas, both parties are mired in messy Senate primary fights, interparty battles that their respective campaign arms have traditionally been able to avoid. On the Republican side, Senate leadership spent millions of dollars on TV ads to boost incumbent Senator John Cornyn over Texas Attorney General Ken Paxton, which polling has shown had little to no effect on the race. Rather than clear the field for Cornyn, the infighting has led another candidate, Rep. Wesley Hunt, to enter the race. Senate Majority Leader John Thune (R-S.D.) made it clear that GOP leadership prefers Cornyn, saying, “Obviously, we’re looking at preserving and protecting our majority here. We think that John Cornyn’s not only an incredibly effective senator, but is the best general election candidate. And it would save everybody a lot of money if he’s the nominee. So that’s been our view, is our view. It’s gonna be up to the voters in Texas.” Expect this fight to drag on past the March primary and into a runoff in May. Things are equally contentious on the Democratic side with Rep. Jasmine Crockett’s entrance into the race, and the subsequent announcement from Rep. Colin Allred that he is suspending his Senate campaign and will instead run for the state’s 33rd Congressional District to avoid a “bruising primary.” Crockett will be running against state Rep. James Talarico, a 36-year-old progressive who has developed a national profile through media appearances and an interview with podcaster Joe Rogan. According to a recent poll, 51% of likely Democratic voters planned to support Crockett in the March primary, and 43% intended to vote for Talarico, with 6% unsure. 

Also in Texas, Democratic Rep. Henry Cuellar has filed to run for reelection after he and his wife were pardoned by Trump earlier this month. Cuellar was indicted during the Biden administration on 12 counts of bribery, conspiracy, and money laundering stemming from the allegation that he received nearly $600,000 in bribes from the Central Asian country of Azerbaijan. Trump expressed sympathy for Cuellar and indicated that his indictment was another example of the “weaponized” Biden Department of Justice, but he has since changed his tune after Cuellar announced he would be running for reelection as a Democrat. In a post on social media, Trump declared, “Such a lack of LOYALTY, something that Texas Voters, and Henry’s daughters, will not like. Oh well, next time, no more Mr. Nice guy!” 

Democrats are celebrating a rare win in Florida after Miami voters elected Eileen Higgins as mayor in last week’s runoff, the first woman in the city’s history to hold the job and the first Democrat in 28 years. Higgins, a former county commissioner, said in her victory speech, “Miami chose a new direction. You chose competence over chaos, results over excuses, and a city government that finally works for you.” Both Higgins and her Republican opponent, Emilio Gonzalez, rejected overly partisan campaigns, instead focusing on quality-of-life issues and on making city government run more efficiently. Still, national Democrats hope the victory is further evidence of a broader shift to the left among the national electorate heading into the 2026 midterms. Trump won Miami-Dade County by 11 points in 2024, though he narrowly lost the City of Miami. 

Finally, is 6-7 really over?

-Jack O’Donnell

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