Edited by Bailey Ludlam
There are finally some signs of life in the 2011 ballot measure count, as the regular Texas legislative session ended Tuesday, May 31, sending 10 certified measures to the November 8, 2011 general election ballot. Ballotpedia will continue to refresh the list of those certified measures as more information continues to develop. This puts 2011′s total at 16 ballot questions on 4 statewide ballots.

There is still work to be done in the Lone Star State, however. This year, the number of days state lawmakers will convene may be more than usual, as a special session will be held following the regular session. This means that there is a possibility that more proposals may make the 2011 ballot. Keep an eye out for Ballotpedia’s updates on these events.

Not to be outdone, 2012 has yet again bumped up it’s total in the 2012 ballot measure count, with four measures being injected into the ballot measure list for that year.

In Nevada, a special tax district ban measure has been approved for ballot placement as a competing question to the sports arena initiative. This ban essentially prohibits what the sports arena initiative proposes to do: impose a 0.9 cent sales tax in a taxing district near the proposed 20,000 seat arena. The revenue would finance bonds to construct the arena.

According to reports, the proposal that receives the most votes in the 2012 general election would win. However, if neither measure receives 50 percent of the vote, both would be considered rejected by voters.

In North Dakota, Measure 3, the formal name of the statewide question, will be decided by voters, with the initiated constitutional amendment stating that a person’s right to act or refuse due to a religious belief may not be burdened by the government unless the government proves it has a “compelling interest” in regulating behavior.

Wyoming added one more measure to the statewide list, which would allow district court commissioners to act even if the district court judge is present and even if the district court judge could properly hear the case.

Maryland is the newcomer in the group of states sending proposals to the voters, as state legislature proposed a constitutional amendment that would require judges of the Orphans’ Court for Prince George’s County to have been admitted to practice law in Maryland and be in good standing with the Maryland Bar. The question is similar to that of a Maryland 2010 question that asked the same, but dealt with the Orphans’ Court for Baltimore City.

These measures bring the 2012 count to a total of 39 ballot measures in 17 statewide ballots.

Finally, June 1 marks the petition drive deadline for the three education reform veto referenda proposals that are currently circulating in Idaho. Ballotpedia will be reporting on the initiative efforts as signatures are filed. You can also read more about the laws the veto referenda are targeting here.
RECENT PROPOSALS:

• California Electoral College Reform Act (2012) – it will change the way California allocates its presidential Electoral College votes. Currently, the presidential candidate who wins the popular vote in the state gets all 55 of California’s electoral college votes. The winner-take-all system would be replaced with one that awards 53 of the state’s 55 electoral votes individually to whichever presidential candidate gets the most votes in each congressional district. The proposed initiated state statute‘s petition circulation period ends on July 5, 2011.
• Minnesota Corporate Personhood Amendment (2012) – the legislatively-referred constitutional amendment would define the term “person” as “natural person” wherever it appears in the Minnesota Constitution, excluding corporations as persons.
• Washington Marijuana Criminal Penalties, Initiative 1149 (2012) – would remove existing state civil and criminal penalties regarding marijuana. According to reports, although the measure was filed in 2011, supporters aim to refer the measure to the 2012 ballot.^[1]

SPOTLIGHT: Red light camera measures come to a screeching halt
The red light camera issue in Washington has been heating up as multiple city residents attempt to get the right to vote on if these cameras should be allowed. In the city of Longview, signatures were turned in but the City Council chose to just make an advisory vote in November on the issue rather than allow for a binding referendum as required by state law. Petitioners noted that they will be filing a lawsuit against the city on Tuesday May 31, stating that the Council was legally obliged to send the signatures to the county for verification and allow a binding vote for residents. “Initiative king” Tim Eyman is also supporting the lawsuit, stating that it was completely illegal for the council to decide on their own to just allow an advisory vote and not follow the law of the state. The Washington Supreme Court has also been asked to weigh in on the issue, they had issued a statement before that said the cities may be infringing on the initiative rights of the people by not allowing these votes to proceed. Other cities in Washington – Bellingham, Wenatchee, Redmond and Monroe – all have petitions pending to allow for votes on red light cameras in their respective cities.

A previous red light camera vote in Mukilteo is also facing opposition. The city council decided not to implement the results of the vote, 71 percent of residents were against red light cameras being put up in the city. The group who petitioned for the vote is now asking the State Supreme Court to rule on the validity of the measure, the result of the ruling could have a broader impact on the other pending red light issues throughout the state.

BALLOT LAW UPDATE
Court actions concerning I&R: More than 30 Colorado officials from both political parties have filed suit in federal court, challenging the state’s almost 20-year-old Taxpayer Bill of Rights (TABOR). The ballot measure, passed in 1992, requires voter approval for tax/revenue increases that exceed a certain limit. This limit is variable and calculated by considering increases in population and the rate of inflation. Opponents charge that the measure is unconstitutionally restrictive since it “deprives the state and its citizens of effective representative democracy.” Proponents of the bill expressed strong skepticism about the lawsuit’s prospects.^[2][3]
Approved Bills: Florida House Bill 1355 contains extensive modifications to Florida’s election law. With respect to initiative and referendum, the bill cuts the signature gathering period from 4 to 2 years. It also shortens the window for challenging legislatively-referred ballot questions.^[4] Citizens in Charge rating: Reduces initiative rights.

Click here for the complete Ballot Law Update report!

A Virginia measure in 2010 dealt with what kind of tax exemption for veterans? Click here to test your ballot knowledge!

Edited by Bailey Ludlam

Since breaking into the 30′s in last week’s Tuesday Count, the 2012 total inched up this week with a Missouri measure that was sent to the ballot by the state legislature. Although 2012 continues to build on its total, 2011 may soon begin to see ballot measures come its way. Texas’ legislative session ends soon, and if the state’s history with certified ballot questions stays constant, the 2011 total may see an increase at the end of the month. The state of Louisiana could also help end 2011′s drought with a recently introduced bill in state legislative session.

Meanwhile, the previously mentioned 2012 Missouri measure joins the freshly certified voter identification proposal on the ballot, where it will ask voters to guarantee the right to pray and worship on public property. The measure also reaffirms a citizen’s right to choose any or no religion. This now brings the 2012 count to 33 statewide measures.

While the Missouri Legislature is busy sending questions to the voters, state citizens are gearing up to do the same. Three citizen initiatives this week were added to thelist of Missouri proposals for 2012. Two initiatives relate to the repeal or amendment of voter-approved initiatives, while one relates to racial profiling prevention. An estimated total of 35 initiatives are currently circulating petitions for the 2012 statewide ballot.

Missouri isn’t the only state making noise, with citizen initiatives grabbing headlines in Colorado and Washington.

An initiated state statute has been proposed for the 2012 general election in Colorado that would raise taxes in the state. Specifically, it would increase the state income tax to 5 percent and the sales tax to 3 percent. Currently, the income tax is 4.63 percent and the sales tax is 2.9 percent.The revenue generated from the tax increase would be used to help fund education.

The proposed ballot question in Washington may appear on the November 2011 ballot as an Initiative to the People. The measure would partially restore cuts to long-term in-home care services by extending sales taxes to nonresidents. It is supported by the Service Employees International Union (SEIU).

However, according to the organization they have not committed to a full campaign in favor of the measure. They are “just testing the waters,” according to reports. “Our final decision will depend on how deeply the Legislature shreds the long-term care safety net for vulnerable seniors and people with disabilities and how disproportionately they slash benefits for home care workers,” said Adam Glickman, vice president of SEIU Healthcare 775NW.

In other news, certified or not, polls for 2012 ballot measures are beginning to take shape. Check out Ballotpedia’s 2012 poll page for more information.

RECENT PROPOSALS:

• Louisiana TOPS Scholarship Program Amendment (2011) – would dedicate funds within the Millennium Trust to the TOPS (Taylor Opportunity Program for Students) scholarship program.^[1] On May 10, 2011 the House Appropriations Committee approved the proposed measure with a 15-3 vote. The measure requires at least a 2/3rds approval vote in both houses of the Louisiana State Legislature to qualify for the ballot.
• Colorado Tax Increase Initiative (2012) – would increase the state income tax to 5 percent and the sales tax to 3 percent. Currently, the income tax is 4.63 percent and the sales tax is 2.9 percent. The proposal is being backed by State Senator Rollie Heath and other supporters who will try to gather enough signatures to place it on the ballot. The revenue generated from the tax increase would be used to help fund education in the state.^[2]
• Missouri Prevent Racial Profiling Initiative (2012) – would require law enforcement agencies to take steps to prevent racial profiling. Such steps include implementing a complaint process, requiring correction action for violators and providing information about traffic/pedestrian stops to the Missouri Attorney General.
• SPOTLIGHT:
  An election will be held in Miami-Dade county on May 24 and the fate of six proposed charter amendments will be decided. Changes to the current charter have been sought after for a while now though opponents to the current proposals say that these six changes do not go far enough to amend the charter. Some of the issue that will be addressed in the amendments are term limits for commissioners, eliminating the current strong-mayor form of government in the county and banning county officials from lobbying till two years after their terms had ended. Many think that more extensive changes need to be made while others note that these changes would benefit residents now and more reforms can be made later down the road. No other issues are on the ballot for this election.
  Past results: May 3 Ohio, Michigan

BALLOT LAW UPDATE

Court decisions concerning I&R: On April 28, the 8th Circuit Court of Appeals ruled that Care Committee v Arneson can proceed. The lawsuit challenges a Minnesota law against recklessly or knowingly making false statements regarding ballot measures. The defendants, charged under the law, argue that it violates their First Amendment rights. The case was initially dismissed on procedural grounds by a US District Court. However, 8th Circuit’s ruling sends the case back to the District Court to be decided on merits. The ruling also directs the court to ensure that “any regulation be narrowly tailored to meet a compelling government interest.”^[3] The full text of the ruling can be found here.

Recently proposed legislation: Oregon House Bill 2776: HB 2776 requires the state to return a list of rejected signatures to the chief petitioners. Persons whose signatures are ruled invalid are permitted, under the law, to contact the Secretary or State or county clerk to verify their signature. On certain petitions, the law exempts the personal information of public safety officers from disclosure. ^[4] Citizens in Charge rating: Protects/expands initiative rights.

Click here for the complete Ballot Law Update report!

Who was the main sponsor of the recently certified 2012 Missouri Public Prayer Amendment? Click here to test your ballot knowledge!

By Johanna Herman, Bailey Ludlam, Tyler Millhouse, Al Ortiz

It has been a busy week in the ballot measure world, with the nerve center of the activity located in the state of Florida. This week, the count for 2012 quickly swelled from 24 statewide questions to 32, with the Sunshine State pouring in 7 of the 8 additional measures. The 2011 count, yet again, remains the same.

The Florida legislature ended its 2011 state legislative session on Friday, May 6, with an estimated 15 ballot measure proposals being made during the lawmaking session. Other proposals may be reconsidered during the 2012 legislative session, but for now, the measure count will stand at 7, with all of them being legislatively-referred constitutional amendments.

Among these Florida measures that were certified for the ballot include a potential supreme court amendment, which would revamp the state supreme court, and a health care amendment that aims to prevent penalties for not purchasing health care coverage in order to comply with federal health care reforms.

Missouri added its own measure, with the state legislature sending a voter identification proposal for public vote. The proposed constitutional amendment would require voters to show photo identification prior to casting a ballot.

In Minnesota, the state’s ballot measure action is peaking, with a slew of proposals being considered by state lawmakers. At least 19 potential statewide questions have been proposed during session, all for the 2012 ballot. The topics included in these measures range from hunting, to social issues such as marriage, to government administration issues such as elections, taxes, state budgets and term limits.

Time could be factor for these proposals, as the conclusion of Minnesota’s legislative session is May 23, 2011. If any measures fail to get certified before then, they would have to be re-introduced during next session to make the 2012 ballot. More information on these questions can be found here.

While some states are seeing developments concerning certified measures, Arizona could be finding itself in the middle of a battle over an already certified 2012 ballot question. You can read more about this in this article.
RECENT PROPOSALS:

• Minnesota Judicial Retention Election Amendment (2012) – proposes retention elections for state judges and would create a non-partisan judicial performance evaluation commission to “evaluate in a nonpartisan manner the performance of judges according to criteria that the commission develops and publishes, and any other criteria established by law.” The Governor would also be required to choose nominees from a list created by a merit selection commission.
• Ohio Medical Marijuana Initiative (2011) – the measure would legalize the use of marijuana for medical purposes in the state. It has not been filed yet with the Ohio Attorney General‘s office. The measure is supported by Peter Lewis, chairman of Progressive Insurance.^[1]
• Oregon Caged Hens Measure (2012) – would mandate more room for egg-laying hens. Specifically, the measure would require 1 1/2 square feet of space per hen by 2019. Currently, an estimated 67 square inches are allotted to each hen. The measure is similar to a 2011 proposal in the State of Washington.

SPOTLIGHT: May 17 elections in Arizona, Florida, Oregon and Washington
Another election is set to be held on May 17 in the states of Arizona, Florida, Oregon and Washington. While Florida just has one county with issues on the ballot, Oregon has the most issues presented on their ballots with eighteen counties with issues to be voted on.

Some significant issues include the Portland School Bond question and the Eugene City Income Tax question, both in Oregon. The Portland bond measure would issue a bond in the amount of $548 million, the largest in district history. Supporters have a little over $1 million which they are using to help promote the bond with TV, radio and other advertisement. They have also sought paid canvassers in order to help supplement the volunteers work for getting people out to vote. The Eugene City issue would implement an increase to the current income tax rate by .49 to .90 percent in order to help pay for the Bethel and Eugene city school districts. Both school districts have experienced shortfalls in their budget and the city saw this as a different way to get needed money to the schools. Opponents and proponents have both raised money for their campaigns in order to influence residents in their direction, though opponents have been able to raise more money than the campaign in support of the increase.

In Washington, the Lyndon School Bond measure is a repeated attempt by the district to get it approved, the measure had been defeated in the February election. The measure seeks to issue a bond in the amount of $33 million which would go towards building a new middle school and renovating the current facility. The May measure is less money than what was presented in February, school officials hope the lesser amount will have a better chance of approval by residents.

BALLOT LAW UPDATE

Court decisions concerning I&R: A lawsuit challenging Nebraska’s residency requirement got underway on April 20. In Citizens in Charge v Gale, the ACLU is representing the Citizens in Charge Foundation and Libertarian Party against Nebraska Secretary of State John Gale. The presiding judge is Joseph F. Bataillion of the United States District Court for the District of Nebraska. The lawsuit also challenges an increase in the signature requirements for placing an independent candidate on the ballot and a law requiring petitions to indicate whether the circulator is paid or volunteer.^[2] The case may ultimately appear before the 8th Circuit Court of Appeals which has recently handed down rulings which seem opposed restrictions on ballot measure campaigns.^[3][4]

Recently approved legislation: California Assembly Bill 481 would require petition circulators to wear a badge designating whether they are a paid or volunteer worker. The law, known to opponents as a “scarlet letter law,” specifies that the terms “paid circulator,” “paid signature gatherer,” “volunteer,” or “volunteer signature gatherer” must be printed in at least 30 pt. font on the badge. Similar language must also appear on the petition sheets. The bill has been passed out of committee.^[5][6] Citizens in Charge rating: Reduces initiative rights.

Click here for the complete Ballot Law Update report!

Minnesota is looking to repeal a 2008 tax increase. What kind of tax are they referring to specifically – a property tax, sales tax, cigarette tax or gas tax? Click here to test your ballot knowledge!

By Bailey Ludlam

Odd-numbered year elections, also known as the “off-years,” rarely feature hair-raising or controversial election races, let alone ballot measures. 2011 is proving to be no different.

The Tuesday Count remains unchanged at 6 certified measures for the eighth consecutive week. Historically, odd-numbered election years feature significantly fewer measures than even-numbered years. Since 1970 odd-numbered years have had an average of 46 ballot questions. In 2009, voters cast their ballots on a grand total of 32 questions.

On the other hand, ballots for 2012 continue to be filled. A proposed constitutional amendment to disallow the use of public money to fund political campaigns in Arizona bumped 2012 count to 16 certified questions on 10 statewide ballots.

The certification marks the first for Arizona. At least seven other amendments remain pending in the state legislature for the 2012 ballot.

Numerous measures moved forward in various states; a step closer to a public vote. In Nevada a proposed legislative bill (Senate Bill 495) introduced as a response to the certified sports arena ballot measure received approval by a Senate committee this week. The proposal would prohibit a special tax district in the state as well as prohibit the creation of an area in which the sales tax is higher than other parts of the county. The arena initiative, however, would allow a 20,000-seat sports arena on the Las Vegas Strip. Specifically, it would impose a 0.9 cent sales tax in a taxing district near the arena.

On the other side of the country, Florida legislators approved a proposed reform of the state supreme court. The latest version of the legislatively-referred constitutional amendment would add three justices to the seven-member court. Additionally, two divisions – civil and criminal – would be created within the high court with five justices each. The House voted 79-38 in favor of the proposed measure. It now remains pending in the Senate.

Not all measures received approvals this week. A proposed measure in Oklahoma to prohibit foreign laws from being enforced in state courtrooms died in the Senate after the Senate Rules Committee denied a hearing on the measure. The measure proposed to prohibit foreign laws from being enforced in state courtrooms. The measure was similar to State Question 755, which was enacted by voters in the 2010 general election and remains pending a lawsuit.
RECENT PROPOSALS:

• Maryland In-State Tuition Referendum (2012) – would overturn legislation that guarantees in-state tuition to illegal immigrants. The legislation in question was approved by both houses of the Maryland General Assembly during the 2011 legislative session. The bill remains pending Gov. Martin O’Malley’s signature.
• Michigan Local Sales Tax Amendment (2012) – would allow municipalities to impose up to a 4 percent sales tax following voter approval in the municipality. The tax would be in addition to the state’s 6 percent sales tax. According to reports, the proposed tax would not be imposed on prescription drugs or most food.
• Minnesota Voter Identification Measure (2012) – would require that all voters in the state show photo identification before voting. According to reports, measures to enact this law have passed committees in both chambers of the Minnesota Legislature, but could be vetoed by Minnesota Governor Mark Dayton, if he chooses to do so. If this happens, State Representative Mary Kiffmeyer stated that lawmakers are considering placing the issue before voters.^[1]

REVISIONS, REPEALS AND MORE:
Colorado

• Colorado Black Bear Hunting Act, Issue 10 (1992) – the Colorado Legislature is considering a bill that would repeal the 19-year-old law. The formal title of the repeal measure is House Bill 1294. The repeal would not overturn the part of the voter-approved measure that banned the use of dogs and bait in hunting black bears.

Missouri

• Missouri Dog Breeding Regulation Initiative, Proposition B (2010) – the legislature approved a bill revising the 2010 measure but on April 18 Gov. Jay Nixon offered a compromise between proposed revisions and the voter-approved Proposition B. Although the new plan is supported by several Proposition B supporters it still requires the approval of the legislature and the governor’s signature. The 2011 legislative session is scheduled to end May 13, 2011. Specifics about the newly proposed plan can be read here.
• Missouri Proposition C, Clean Energy Initiative (2008) – earlier this year, Rep. Jason Holsman introduced HB 613. The proposed legislation would repeal and replace Proposition C. In comparison to the voter-approved Proposition C, HB 613 has been described as “less ambitious.” Specifically, the bill would cut the mandate for renewable energy in half.

Montana

• Montana Medical Marijuana Allowance, Measure I-148 (2004) – a proposed repeal was vetoed by Montana Governor Brian Schweitzer on April 13, 2011 stating that the repeal was contrary to the decision voters made in 2004. House Bill 161 was proposed by the Montana Legislature during 2011 state legislative session to kill the state’s medical marijuana law. HB 161 passed through both the Montana House of Representatives and the Montana State Senate but was halted by the governor.

SPOTLIGHT: Oregonians revisit income taxes on a local level
Just last year, voters across the state cast their ballots in favor of Measures 66 and 67. The measures asked voters if they supported Gov. Ted Kulongoski‘s 2009 decision to increase taxes in the state by $733 million through increasing the state’s corporate minimum tax, raising taxes on the state’s high-income individuals and raising income taxes on businesses.

In a month on May 17, Oregon voters will yet again cast their vote on an income tax issue. This time, the topic is localized to Eugene City. This measure seeks to implement a city wide income tax set at a rate ranging from a .49 percent to .9 percent increase. The money from this tax addition would go towards helping the Eugene and Bethel school districts raising around $16.8 million a year for the two. The tax would be in place for a period of four years and would help with budget shortfalls, maintaining school programs and staff.

Debates are scheduled for April 19 and 29. The goal of the debates, according to reports, is to inform voters about the issue and have both sides share their views on the issue.^[2]

By Bailey Ludlam

Petition drive deadlines are still a ways out in most states, but legislative sessions for 2011 are numbered. Of the states in session in 2011, an estimated 11 states have already ended for the year. Another 8 states – Arkansas, Arizona, Georgia, Indiana, Iowa, Montana, North Dakota and Washington – are expected to end later this month. The close of the sessions marks the end of legislative-referrals to the upcoming 2011 ballot. Additionally, most proposed 2012 measures will be put on hold if they are not voted on at the conclusion of the sessions.

According to the Tuesday Count ballots for 2011 remain unchanged, at six ballot questions in three states. Ballots for 2012, however, continue to fluctuate. This week, the Tuesday Count reports a total of 15 certified questions in nine states.

With the end of legislative sessions just around the corner, lawmakers are finalizing their decisions on proposed measures. This week, a Missouri House committee killed a proposed measure to decrease the number of representatives in the House from 163 to 103.

In Georgia, several issues remain on the table, including 4 proposed constitutional amendments. In order to qualify a measure for the statewide ballot, the proposal requires approval on a two-thirds vote by both the State House and State Senate. A list of the proposed measures can be viewed here.

Oklahoma’s legislative session doesn’t end until late May. In the last week, State Senator Rob Johnson and State Representative Leslie Osborn introduced a measure to ban affirmative action programs in the state. According to reports, the measure would prohibit special treatment based on race or sex in public employment, education or contracts. In Arizona, voters cast their ballots on a similar measure – Arizona Civil Rights Amendment, Proposition 107 (2010). The measure was approved by 59.5%.
RECENT PROPOSALS:

• Colorado Revenue System Amendment (2011) – the proposed initiated constitutional amendment would alter the state’s revenue system in order to support a “modern economy”, according to supporters.
• Florida Property Tax Amendment (2012) – the proposed amendment would prohibit increases in the assessed value of homestead property if the fair market value of the property decreases; reduces the limitation on annual assessment increases to non-homestead property; and provides an additional homestead exemption.
• Pennsylvania General Assembly Amendment (2012) – the proposed measure would reduce the size of the General Assembly.
• Utah Attorney General by Appointment Question (2012) – the measure would allow the Utah Governor to appoint the Utah Attorney General. Under current law, the state attorney general is chosen by the voters.

SPOTLIGHT:Seattle officials debate tunnel referendum

Supporters of a Viaduct Tunnel Replacement Question in Seattle, Washington have collected sufficient valid signatures to qualify for the local ballot but now remain pending a court ruling. Brought to court by the City Attorney, the city argues that the tunnel is not subject to a referendum. Specifically, the city argues that the tunnel is an administrative issue. The proposed referendum is supported by a group called Protect Seattle Now. According to the group, the tunnel would likely to lead to a local tax increase and is not environmentally friendly.

According to reports, the court is expected to rule on the matter in mid-May. Stay tuned for developments!

By Bailey Ludlam

The Tuesday Count has stabilized but that doesn’t mean ballot measure activity has come to a halt. Petitions continue to be circulated and legislators continue to file proposals.

In North Dakota this week, initiative supporters filed an estimated 27,800 petition signatures days before the March 29 deadline. The petitions were submitted following Secretary of State Al Jaeger’s announcement that the new signature threshold applied to currently pending initiatives. The proposed Property Tax Amendment calls for eliminating property taxes throughout the state, starting in 2012. Jaeger has until April 29 to verify and validate the signatures.

Another petition signature deadline is coming to an end in North Dakota; a proposed Abortion Procedure Ban Initiative. The petition is valid until April 22, 2011. The proposed initiative would ban the use of instruments that would decapitate or crush the skull of a fetus.

Just as proposals mount, so do the lawsuits. In the last week, an estimated three lawsuits have been filed against proposals for the 2012 ballot.

In Missouri, officers of the St. Louis Police Officers’ Association filed a lawsuit in Cole County against a Missouri Municipal Police Amendment. The citizen initiative would require that all municipal police forces or departments be controlled by the local governing body. The suit argues that the summary is unfair and misleading. The cost summary, prepared by Auditor Thomas Schweich, they argue is based “solely” on information provided by Mayor Francis Slay, a proponent of the proposed changes. The filed lawsuit adds that the fiscal statement doesn’t include expenses like increased legal fees.[1]

A recent legislative action is causing an uproar in the state of Utah. On March 10, 2011, the Utah Governor gave the final approval on Senate Bill 165. The legislation bans collecting petition signatures online, instead mandating that signatures be obtained directly from registered voters. A proposed referendum is already being discussed for the 2012 statewide ballot.

Late last week, the American Civil Liberties Union of Utah filed a lawsuit on behalf of two referendum petition circulators. The lawsuit says that the e-signatures ban contradicts a 2010 Utah Supreme Court ruling that allowed a candidate for governor to use online signatures to obtain ballot access. The lawsuit was filed against Utah Lieutenant Governor Greg Bell. It was filed in Utah Supreme Court, where it will challenge the constitutionality of the ban passed by the Utah Legislature, the ban that is subject of the referendum.[2]

RECENT PROPOSALS:
New Jersey “Millionaire Tax” Amendment (2011) – the proposed legislative referral would change the personal income tax rate on taxable income over $1 million. The rate would be increased from 8.97 percent to 10.75 percent.
Arizona Government Actions in English Amendment (2012) – The measure would ensure that official government actions be conducted in English. It was proposed during 2011 state legislative session. The official title of the measure in legislative session is SCR 1035.
Arizona Initiative Tax Approval Amendment (2012) – would mandate that any citizen initiative dealing with tax issues be approved by 60% of voters, rather than a simple majority. The tax issues that would be required to be approved by a supermajority, if proposed by citizen initiative, includes: an increase of an existing tax, the proposal for a new tax, and the reduction of existing tax. The formal title of the measure in 2011 legislative session is SCR 1032.
Florida Supreme Court Amendment (2012) – would abolish the current Florida Supreme Court and create a Supreme Court of Civil Appeals and Supreme Court of Criminal Appeals. Each of the new supreme courts would have five appointed justices. A slew of judicial reform measures are currently pending in the Florida State Legislature, some of which include amendments to judicial qualifications and appointee confirmations. See the list of pending measures here.

SPOTLIGHT: Local elections are back!

Following a short lull in local elections, they are back in at least five states. If you live in California, Colorado, Florida, Illinois, Missouri or Wisconsin be prepared to head to the ballot on Tuesday, April 5. Wisconsin leads the pack with an estimated 36 counties with ballot questions, primarily revolving around bond and revenue issues. A total of 6 advisory questions are scheduled to appear in Dane, Jefferson, Monroe, Sheboygan and Waupaca counties. Illinois and Missouri come in 2nd and 3rd with elections in 34 and 29 counties, respectively.
For more on the upcoming elections, click here.

By Bailey Ludlam

The Tuesday Count continues to climb. While the 2011 count remains rock solid, 2012′s count received a boost from the state of Nevada. A total of ten questions are currently certified for spots on six statewide ballots in 2012.

This week Nevada certified it’s first measure for the 2012 election season. A measure that would allow a 20,000-seat sports arena on the Las Vegas Strip will appear on the ballot on November 6, 2012. The indirect initiated state statute required a minimum of 97,002 valid signatures and a review by the Nevada State Legislature. On Thursday, March 17 the state Senate rejected the measure; automatically sending it to the statewide ballot for a public vote. In addition to allowing a 20,000-seat sports arena on the Las Vegas Strip, the initiative would impose a 0.9 cent sales tax in a taxing district near the proposed arena. The revenue would finance bonds to construct the arena.

Certified measures for upcoming ballots cover a wide array of topics. The same can be said for the growing number of ballot measure proposals, both from the legislature and citizens.

Collective bargaining disputes are rising in at least three states. If successful to qualify for the ballot, voters might get a chance to cast their vote on the heated topic in both 2011 and 2012.

In Idaho, two veto referendum proposals have been filed. One measure would repeal a newly passed law that relates to teachers’ collective bargaining agreements. According to reports, the law ends tenure and removes issues like workload and class size from contract negotiations. The second referendum was filed to repeal a similar law also dealing with collective bargaining. The proposed veto referenda were filed with the Idaho election’s office on March 18, 2011. A third veto referendum may be filed if a pending third education-related law is signed into effect.[1][2]

In Michigan, two measures are also currently pending. One is proposed by the legislature and calls for guaranteeing the right to collectively bargain for all employees, either in the public or private sectors. The second is citizen initiative that would ban collective bargaining for state employees, require the Civil Service Commission to set pay rates for all positions at the market rate and cancel all current employment agreements with state employees.

The topic may be brought to voters as soon as 2011 in the state of Ohio. Ohio Collective Bargaining Limit Repeal, a veto referendum, would repeal a measure that limits collective bargaining for public employees in the state. The full text of the bill that this would repeal can be found here – Senate Bill 5.

RECENT PROPOSALS:
Washington State Liquor Sales, Initiative 1157 (2011) – would allow stores with a 5-year record of no public safety violations to sell liquor. The proposal is similar to a 2010 proposal to privatize liquor. The new proposal, however, implements “stricter criteria to get a license to sell spirits” and would preserve existing statutory taxes.
Georgia Horse Race Gambling Measure (2012) – would establish a nine-member racing commission and establish how parimutuel betting would be regulated in the state of Georgia. Generated funds would be directed towards college scholarships, pre-Kindergarten and trauma care.
Missouri Vote by Secret Ballot Amendment (2012) – would guarantee the right of individuals to vote by secret ballot.
Missouri Decrease Number of Representatives Amendment (2012) – would reduce the Missouri House of Representatives from 163 members to 103 members.

SPOTLIGHT:Local Illinois levy question puzzles voters and officials
On April 5 Oak Park voters will cast their ballots on a District 97 Levy Increase. With weeks to go before the local election, the question continues to raise a number of questions. According to reports, the tax formula used to reflect the impact of the proposed measure is in error. Some estimate that the cost reflected on the ballot may be three times cheaper than the actual cost. On the ballot it states that homeowners would pay on average $150 a year when current reports state that the cost would be closer to $500. The error resulted after a property tax equalizer, required by a Cook county law, was not taken into account. The school district has reportedly issued information with the corrected tax assessment.

AUGUSTA, Maine: Two initiative efforts in the state of Maine submitted petition signatures to the Maine Secretary of State by the January 20, 2011 deadline. Now, one initiative is on its way to the state legislature for review as the Maine Secretary of State found that the effort had collected enough signatures.

The slot machine facility proposal, which supporters turned in petitions days before the deadline, had signatures certified on February 4, 2011, the deadline for the secretary’s office to do so for that initiative. According to Stavros Mendros, organizer of the petition drive: “We’re obviously delighted. We’re ecstatic. We’re ready to move forward with the next step.” The deadline for the secretary of state to certify signatures for the second initiative, a racino proposal, is February 18, 2011.^[1]

The two measures are indirect initiated state statutes, which means, in order to place them on the 2011 ballot a minimum of 58,054 valid signatures were required to be turned in. If the required amount of signatures are verified, the measures then go to the state legislature for review. If legislators don’t vote to adopt a similar law, it will be placed on the November 2011 ballot.