Edited by Brittany Clingen

Connecticut has a new, certified legislatively-referred constitutional amendment, the Connecticut Early Voting Amendment, which will appear on the November 2014 ballot. It will ask voters whether the constitution should be amended to allow for more early voting options. Such options would include issuing absentee ballots to whoever requests one, not just those who are ill, disabled or away on business, as is currently the case. The measure would also allow people to cast their votes even if they do not go to polling locations on election day. The text of the measure will read: “Shall the Constitution of the State be amended to remove restrictions concerning absentee ballots and permit a person to vote without appearing at a polling place on the day of an election?”^[1]

As previously reported, the House approved the bill 90-49. On May 8, the Senate passed it 22-14.^[2][1] The bill is now set to be signed by Gov. Dannel Patrick Malloy.^[1]

In Oregon, Rep. Sal Esquivel (R-6) and Rep. Kim Thatcher (R-25), along with Richard LaMountain, have filed a veto referendum in hopes of repealing Senate Bill 833, which will allow people who do not qualify for eight-year driver’s licenses and can’t prove legal presence in the United States to obtain four-year driver’s cards.^[3]

The group, Oregonians for Immigration Reform, is leading the charge on the Oregon Alternative Driver Licenses Referendum. This group and other supporters must collect at least 58,142 valid signatures by September 26 in order to land the question on the ballot on November 4, 2014. If the referendum effort fails, the new law laid out in SB 833 will go into effect on January 1, 2014.^[3]

Though it’s probable Michigan’s referendum on wolf hunting will be rendered useless, voters in Maine may get to decide on a hunting measure of their own. Despite the fact a nearly identical measure was voted down in 2004, the Humane Society of the United States (HSUS) has taken the first steps to initiate a ballot measure that, if passed, would make certain aspects of bear hunting illegal.^[4]

This so called referendum is actually a initiated state statute and would ask voters to pass the new law via a yes or no answer to the question posed. This question will begin the process of going to the ballot if LD 1474, a bear hunting bill that is sponsored by Rep. Denise Harlow (D-116) and supported by the HSUS, does not pass the legislature. The referendum would ban the same aspects of bear hunting as the bill, plus bear baiting, a technique frequently used by hunters. The measure would appear on the ballot on November 4, 2014.^[4][5]

2014 watch

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Two gambling initiatives are currently circulating in Washington. One, known as Initiative 582, seeks to authorize online poker and permit the Washington State Gambling Commission to issue renewable, one-year licenses to online poker rooms.^[6] The text of the measure can be read here.

The other, Initiative 583, would repeal criminal penalties for online poker players, as long as they were not involved in the operation of a gaming platform.^[6] The text of the measure can be read here.

Each initiative requires at least 246,372 valid signatures to go before the legislature. If the legislature does not act on the initiatives, they will land on the ballot on November 4, 2014.^[6]

2014 Count
Number:	Seventeen measures
States:	Arkansas, California, Connecticut, Montana Nevada, Tennessee, and Wyoming

The Missouri House approved a measure, known as HJR 26, in which voters would determine whether or not the rights of parents to raise children should be detailed in the state constitution. The measure is sponsored by Rep. Todd Richardson (R-154), who maintains that his proposal is founded on principles already considered law. The measure would not interfere with procedures already in place to protect children from abusive or harmful situations, nor would it change education requirements. If the measure is to appear on the November 2014 ballot as planned, the Senate must pass it before the session ends on Friday, May 17.^[7]

The summary of the bill can be read here.

Quick hits

Legislative efforts to repeal Colorado’s new marijuana laws fail: Two possible legislative referrals failed to make Colorado’s 2013 ballot as the state’s legislative session came to a close on Monday, May 6. The referrals were sponsored by 24 state senators who sought to repeal Amendment 64, which was approved by 55.32% of voters in 2012. Both referrals were actually contained within one legislative proposal, SCR 3. Had the resolution been approved, it would have submitted two questions to voters this fall: The first asking voters to decide on the 15 percent excise tax and the 10 percent special sales tax, and the second asking if recreational marijuana sales should be stopped. According to reports, a threatened filibuster and lack of support in the House are what prevented the passage of the resolution.^[8]

South Carolina legislature looks to allow for the waiving of jury trials: On Monday, May 13, the South Carolina State Senate voted to approve a legislatively-referred constitutional amendment that would provide defendants the right to waive their jury trial with the judge’s approval. A jury trial is currently a constitutional right in the state, even though federal courts already allow for them to be waived. The bill’s sponsor, Sen. Pete Brunstetter (R-31), says that the intention of the legislation is to reduce superior court case loads within the state. If the amendment is approved by the House, it will go before voters in the 2014 general election.^[9]

Spotlight

Florida House ignores bill, cancelling Dolphins Stadium renovation ballot measure after thousands already vote

Any hope that Miami-Dade would host Superbowl 50 was crushed when the ballot measure seeking to approve partial public funding for a $400 million dollar Dolphins Stadium renovation was cancelled. This measure was to be voted on by Miami-Dade County residents today, but was called off mid-way through early voting because the Florida House did not consider a necessary supporting bill.^[10]

In an effort to make the Sun Life Stadium of Miami-Dade County more likely to be chosen to host the 2016 Superbowl, Dolphins Owner Stephen Ross was eager to begin improvement and modernization and was willing to provide $4,784,337 to pay for a special election seeking to approve public funding and support.^[11] If this measure had been voted on and approved, it would have authorized the Miami-Dade County to increase the local hotel tax from 6% to 7%, allowing for $7.5 million a year to be put into stadium renovations under the following conditions:

• Dolphins remaining long-term in County;
• Private funding for majority of costs;
• Stadium owners paying County at least $112 million in 30 years;
• Stadium owners paying penalties up to $120 million for not bringing premier football and soccer events to stadium; and
• Award, in May 2013, of Super Bowl.^[12][13]

However, part of the agreement allowing for public funding required that the Florida State Legislature approve a supporting bill. This bill was passed in the Senate, but on May 3^rd the Florida legislative session ended without the bill appearing for a vote on the House floor. This made the county ballot measure irrelevant and it was cancelled. According to the Dolphins’ CEO, Mike Dee, the Dolphins have cancelled all stadium renovations since they are unwilling to go forward without public funding.^[14]

Dolphins owner Stephen Ross expressed bitter disappointment about the cancellation of the election. He blamed House Speaker Will Weatherford (R-38), saying, “The speaker single-handedly put the future of Super Bowls and other big events at risk for Miami-Dade and for all of Florida. He put politics before the people and the 4,000 jobs this project would have created for Miami-Dade and that is just wrong.” Ross went on to say, “He gave me and many others his word that this legislation would go to the floor of the House for a vote, where I know, and he knows, we had the votes to win by a margin as large as we did in the Senate. It’s hard to understand why he would stop an election already in process and disenfranchise the 40,000 people who have already voted. I can only assume he felt it was in his political interest to do so. Time will tell if that is the case, but I am certain this decision will follow Speaker Weatherford for many years to come.” Weatherford, however, denied that he had promised anyone that this bill would receive a vote on the House floor.^[15]

 

Ballot Law Update

North Dakota Supreme Court hears case regarding Measure 2: Last year the group Empower the Taxpayer sued public officials over a claim that those officials were using public funds to campaign against Measure 2, a ballot initiative they sponsored that would have eliminated property taxes throughout the state. District Judge Bruce Romanick then threw out the lawsuit and ordered the group to issue a public apology and pay around $26,000 in public officials’ legal fees. The order was quickly appealed, and, despite being long after the measure’s defeat at the polls, is just being heard before the state supreme court.^[16]

Lawsuit filed challenging Missouri teacher evaluation initiative’s wording: A lawsuit was filed on Friday, May 3, that challenges the wording of an initiative designed to implement a process for evaluating teachers based on students’ academic growth. The lawsuit contends that the measure’s ballot summary is misleading because it fails to mention that it would eliminate tenure protections for educators. The lawsuit was filed by four teachers who said the ballot measure would permit school districts to fire or cut the pay of public school teachers and administrators without cause or due process. The lawsuit also argues that the fiscal note is in error because it does not take into account the cost it would impose upon school districts.^[17]

 

A new update will be released next month. Click here for past Ballot Law Update reports!

Edited by Brittany Clingen

Another measure is set to appear on the Washington ballot in the general election on November 5, 2013. Initiative 517, also known as the “Protect the Initiative Act,” is an Initiative to the Legislature; the legislature did nothing with the measure, thereby referring it to the ballot.^[1]

I-517, sponsored by initiative promoter Tim Eyman, would define what constitutes interference with or retaliation against petition-signers and signature gatherers. It would also render these acts a criminal misdemeanor and subject perpetrators to penalties. Furthermore, I-517 would mandate that all measures receiving the required number of signatures be placed on the ballot, and it would increase the amount of time supporters of a measure have to file and gather signatures from 10 months to 16 months before the corresponding election.^[1]

The full text of the measure can be found here.

The Colorado Funding for Public Schools Initiative has finally received the green light to formally begin their campaign efforts after Colorado’s legislature passed Senate Bill 213.^[2]

The bill, sponsored by Sen. Mike Johnston (D-33), would create a new school finance act that increases state revenues to fund public education.^[3] However, SB 213 has no funding language in the bill. Therefore, though it has passed the legislature, its viability will be determined if and when voters approve the initiative to be featured on the November 5, 2013 ballot.^[2]

There are currently 16 proposed ballot initiatives that have been submitted to the Secretary of State by supporters, each varying slightly in the structure by which Colorado residents would be taxed. Some are in favor of a tiered system, others a flat tax. Regardless of which initiative moves forward toward the ballot, voters will ultimately be deciding whether or not to approve a $1.1 billion tax increase that will be siphoned into public education.^[2]

Supporters of both SB 213 and the initiatives have until August 5, 2013 to collect 86,105 valid signatures and determine which initiative should be sent to voters.^[2]

The Ohio-based Center for Community Solutions, a non-partisan policy institute that focuses on studying and promoting the well-being of people in need, is toying with the idea of putting the expansion of Medicaid before voters in either 2013 or 2014.^[4][5]

The House removed a proposed Medicaid expansion from Gov. John Kasich’s (R) budget before forwarding it to the Senate, where Senate President Keith Faber (R-12) said that the upper chamber’s version of the budget also excluded the expansion of Medicaid. Senate Democrats are still hopeful they can introduce a bill similar to Kasich’s that could be voted on.^[5]

John Begala, executive director of the Center for Community Solutions, is still optimistic that Medicaid expansion can be handled within the legislature, as opposed to putting it before voters. Speaking about the potential ballot measure, Begala said, “Our first preference is certainly not to go this route. This is our last resort.”^[5]

2014 watch

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Opposition groups are springing up in Maryland in response to Gov. Martin O’Malley’s divisive decision to repeal the death penalty. Those in support of capital punishment have begun circulating petitions, in hopes of landing the veto referendum on the November 4, 2014 ballot. Those who support the governor’s decision say they will fight back if the issue goes to voters.^[6]

Supporters of the Maryland Death Penalty Repeal include the group MDPetitions.com, which is sponsoring the campaign, and Baltimore County State’s Attorney Scott Shellenberger, who said, “We need to retain Maryland’s death penalty for those prosecutors who want to seek it in the appropriate case.”^[6]

Opponents of the potential referendum include the NAACP and the Catholic Church, both groups that hope the question will never reach the ballot. The campaign must collect a total 55,736 valid signatures by June 30, and at least 18,579 of those signatures must be submitted by May 31.^[6]

2014 Count
Number:	Sixteen measures
States:	Arkansas, California, Montana Nevada, Tennessee, and Wyoming

Also in Maryland, activist Sue Payne is commencing a campaign to put a veto referendum on the ballot for the general election on November 4, 2014.^[7]

Disappointed after neither the NRA nor MDPetitions.com decided to fight the recently-passed gun control bill due to the potentially high costs of such a venture, Payne took it upon herself to launch the Maryland Gun Control Referendum and will soon establish a website that will allow voters to download and sign petitions in support of putting the referendum before voters.^[7]

Like the Maryland Death Penalty Repeal, Payne and other supporters have until the end of June to gather all the required signatures.^[7]

Quick hits

Louisiana voters will not decide on superintendent of education elections: On Wednesday, May 1, the Louisiana Senate Education Committee rejected a potential legislatively-referred constitutional amendment that would have allowed voters the chance to decide on whether or not the state superintendent of education should be an elected position. Sen. Robert Kostelka (R-35) sponsored the legislation, Senate Bill 41, and is apparently not satisfied with current superintendent of education, John White. In a hearing before the committee, he reportedly said, “If someone wants to elect someone as bad as John White, they can do it.” Chas Roemer, president of the state Board of Elementary and Secondary Education, argued against the bill, saying that the state’s biggest improvements in the area of public education have taken place under appointed superintendents.^[8]

New York governor asks for casino vote to wait another year: New York governor, Andrew Cuomo, asked state lawmakers on Wednesday, May 1, to delay a public vote on the New York Casino Gambling Amendment that many expect to go before voters this fall. Governor Cuomo explained that since 2013 is an off-year election, a high percentage of voter turnout will likely be concentrated in New York city due to the mayoral election. Since the proposed casinos would be located away from the city in upstate New York, Cuomo is concerned that there will not be enough voter support. Supporters of casinos in New York also expect an extensive ad campaign financed by outside casinos against their plan. According to a poll conducted by Siena College, New York citizens showed only a small majority approval of casinos within the state’s boundaries.^[9]

Spotlight

More than $700 million in bond money requested in today’s election

Ballotpedia is covering elections in California and Michigan today:

California

In California there are 9 measures being voted on in four counties in today’s election.

• 6 parcel tax measures
• 2 territory transfer measures
• 1 sanitary district consolidation measure

Measures in Marin County, San Mateo County, Santa Clara County and Santa Cruz County.

For full coverage of each measure in this election and election results follow this page.

 

Michigan:

There are 152 measures on the ballots in this election.

• 118 local property tax measures, 96 of which are for school districts
• 30 school bond measures, requesting a total of $745,345,000
• 2 city bond measures, requesting a total of $4,700,000
• 2 township zoning measures

Notable measure:

• The most school bond money was requested by a measure requesting $195 million in Wayne County.

For full coverage of each measure in this election and the election results, follow this page.

 

Ballot Law Update

Florida legislature passes massive elections reform: On Friday, May 3, the Florida legislature passed a bill that makes sweeping changes to the elections process in the state. The changes include moving the date of the presidential primary, expanding options for where early voting can be done, and extending the time allotted for early voting, something Gov. Rick Scott (R) and the legislature cut just two years ago. Another part of the bill sets a 75 word limit on the summaries of constitutional amendments referred to the ballot by the legislature. An exemption to that limit is allowed, however, if the state supreme court rejects the measure, and it needs to be revised. The change comes after some argued that the excessive ballot summaries, coupled with a large number of referrals, added to the problem of long poll lines in 2012.^[10]

Michigan voters to answer citizenship question on ballot: After a legal battle last year over a similar proposal, Secretary of State Ruth Johnson has successfully language to the state’s ballot application that reminds voters that they must be U.S. citizens in order to cast their ballots. Secretary Johnson cited the recent filing of a criminal charge against a citizen of Mexico who registered and voted in Rosevill, MI, as a reason why the language is needed. Some have questioned the necessity of the language due to the fact that voters must present photo identification when they cast their ballots.^[11]

 

A new update will be released next month. Click here for past Ballot Law Update reports!

Edited by Brittany Clingen

With the end of Washington state’s regular legislative session, comes a new Initiative to the Legislature that will be on the ballot in the general election on November 5, 2013. Since the legislature did nothing with the bill – it neither adopted nor amended it – voters will determine whether or not genetically modified foods will be labeled as such.^[1]

The initiative is similar to California’s defeated Proposition 37 in that it would allow citizens to file lawsuits in order to enforce proper labeling and then recover costs incurred during such a suit. However, I-522 does not include any language that seeks to define what foods are considered “natural,” or if it is acceptable for “natural” foods to contain genetic modifiers.^[2]

The text of the measure will read as it was originally written by its sponsors.^[1] The full text can be found here.

Also in Washington state, a battle is brewing between initiative promoter, Tim Eyman, and state lawmakers. Eyman’s most recent previous measure, the Washington Two-Thirds Vote Required to Raise Taxes Initiative, was approved by voters in the November 6, 2012 election. However, it was subsequently ruled unconstitutional and overturned by the courts. If his new measure appears on the November 2013 ballot and passes, it would cause all legislatively-passed tax raises to expire after one year; however, this annual expiration stipulation would be dissolved if and when a constitutional amendment is approved requiring legislators to pass tax-hikes or eliminate tax breaks only with a supermajority vote. ^[3]

In Texas, a legislatively-referred constitutional amendment took one step closer to the November 2013 ballot last Tuesday, April 23, when the Senate passed a bill that would allow voters to decide whether or not Texas’ Economic Stabilization Fund – colloquially referred to as the Rainy Day Fund – should withdraw approximately two of the fund’s current $12 billion to fund water infrastructure, transportation and education. The measure is a joint resolution, so it does not require the governor’s signature, however it will need to pass at least two-thirds of the House.^[4]

2014 watch

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After the Washington State Legislature’s session ended last week without the passage of firearms reform, the Washington Alliance for Gun Responsibility decided to pick up where the lawmakers left off and launch an initiative campaign which will attempt to put new gun laws before voters, who would then decide whether or not universal background checks should be mandatory for everyone purchasing a gun in the state of Washington. The campaign is still in its early stages, with the group not anticipating collecting many signatures or contributions until a May 2013 fundraiser.^[5]

For the legislature to consider the proposal, a minimum of 246,372 valid signatures are needed by January 3, 2014. If the campaign is successful in gathering enough signatures, the legislature must decide whether to grant it an up or down vote. If it is voted down, the question would go to voters in the November 4, 2014 general election. The measure still faces many potential changes in the months to come, including the possibility of significant revisions to its language and wording.^[5]

2014 Count
Number:	Sixteen measures
States:	California, Montana Nevada, Tennessee, Washington, and Wyoming

International Measures

Since gaining its independence in 1991, Croatia has only ever had two referendums in the entire country. This is about to change, however, as residents of the seaside city of Dubrovnik will vote on whether or not to approve the building of a large golf course resort designed by Australian golfer, Greg Norman. Supporters argue that the project will create jobs and encourage tourism in the financially distressed country. Opponents, however, worry that the modern construction will detract from the old-world beauty and charm of the locale that has come to be known as the “Pearl of the Adriatic.” Tourism is essential to Croatia’s economy, as it brings in approximately 7 billion euros ($9.1 billion) per year.^[6]

Quick hits

Senate approves bill to sidestep wolf hunting referendum in Michigan: Last week we reported on a proposal in the Michigan legislature that would give the Natural Resources Commission the authority to designate a species as a game species without needing the legislature to do so through a bill first. On April 25 the senate approved Senate Bill 288 with a vote of 25-11. If approved by the house and then signed by Governor Rick Snyder, the Wolf Hunting Referendum could be rendered meaningless. SB 288 originally also included minor appropriations which would protect it form any future referendum. That language was removed from the bill last Thursday.^[7]

Montana legislative session ends with fewer referrals than expected: Earlier in the month the state legislature voted to approve six separate referral proposals by the April 5 transmittal deadline. Of those six, only the two originating in the senate were placed on the ballot. These referred statutes, the Late Voter Registration Revision Measure and the Primary Election Revision Measure, will join the State Auditor Renaming Amendment on the November 2014 ballot. Both of the senate’s proposals will have sweeping impacts on the state’s election system if approved at the ballot box. This means voters will see three legislative referrals on the statewide ballot, the same number they saw in 2012.

Spotlight

Florida’s Hamilton County School District again seeks a tax levy renewal in today’s special election

Hamilton County Schools are asking voters for the third time to approve a property tax levy at a rate of a quarter for every $1,000 of assessed value.

This tax was originally approved in order to supplement school funds after budget cuts of about $1.5 million. The tax payers have been paying this tax for four years and now the district is requesting that they pay it for four more years, as the end of the current approval period looms ahead on June 30, 2013.^[8]

This is the question voters will see today as they decide whether to keep paying a tax that adds approximately $200,000 to school funding:

“

Shall The School District of Hamilton County voter-approved ad valorem millage be 0.25 mill for school operational purposes, beginning July 1, 2013, and ending June 30, 2017?[9]

”

You can find the results of this election on this page after the polls close and ballots have been counted.

Ballot Law Update

Colorado Court of Appeals says federal law trumps state: The Colorado Court of Appeals recently ruled 2-1 to uphold the firing of a man who used medical marijuana while not at work. Brandon Coats is a quadriplegic who has a prescription for the drug in the state and contested the firing by claiming he was protected by the Colorado Lawful Off-Duty Activities Statute. The law prohibits employers from firing employees for engaging in legal activity outside of work, however it is silent on the matter of federal versus state law. The court refuted the claim by ruling that the statute does not extend to protecting individuals who violate federal outside of work.^[10]

Arkansas term limits proposal meets roadblock: Arkansas Attorney General Dustin McDaniel has recently rejected a proposed ballot measure because of the wording of its ballot title. The proposal is a constitutional amendment that would establish a ten-year term limits for total time served in the Arkansas State Legislature. Currently seantors may only serve eight years and representatives are limited to six, but there are no rules regarding total time spent in the legislature. The measure would also increase the current period during which legislators are prohibited form becoming lobbyists from one year to four.^[11]

A new update will be released next month. Click here for past Ballot Law Update reports!

By Eric Veram

Since the beginning of the year, we have tracked 167 proposed laws in 35 states affecting the initiative and referendum process. Please note that some of these are constitutional amendments requiring voter approval before going into effect. The Ballot Law Update is released on the last Wednesday of each month. Stay tuned to the Tuesday Count for weekly ballot law news.

Recent news

North Dakota Senator looks to restrict costly initiatives, pointing to California as an example of what not to do: In a 28-19 vote, the North Dakota State Senate rubber-stamped an amendment that would require 40% state legislature approval of any citizen-initiated measure costing more than $50 million. If this amendment is adopted, any measure initiated by citizens and approved in an election would then go to a three-member commission to determine the cost of the measure. If the cost is found to be greater than $50 million, the measure would go to the legislature, where anything less than 40% approval would overturn it. Senator David Hogue is the main supporter and sponsor of this bill and argued that, if strategies like this are not employed to protect the State from financial disaster caused by costly initiatives, North Dakota could see the same fate as California, which is currently more than $335 billion in the red. Hogue was motivated to push this bill by recent efforts to pass expensive initiatives, one of which would have reportedly cost the state $1.8 billion. Hogue blames expensive citizen-initiated measures for much of California’s current debt problems and, concerning voters deciding important financial questions, Hogue said, “You cannot make good spending decisions at the ballot box… California was once the most prosperous state in the nation and they had the budget surpluses we enjoy today.”^[1]

Kansas voters could see clearer ballot language in near future: The Kansas State Senate voted on Monday, March 25, in approval of a new law that would allow election officials to request a state official write an “explainer” when a ballot measure’s language is deemed too confusing for voters to easily understand. The law, House Bill 2162, does not require that the explainer be placed directly on the ballot, but rather requires that it be posted at polling places. The drive for clearer ballot language was ignited following a vote in Wichita on whether the developer of a downtown hotel should be entitled to a tax break. Because of the measure’s confusing wording, polling places were bombarded with phone calls, but officials were not allowed to say anything other than “Yes means yes. No means no.”^[2]

Legal battle heats up over same-sex marriage amendment in Oregon: On Friday, April 5, the Oregon attorney general’s office published the official ballot title for the Oregon Same-Sex Marriage Amendment. In doing so, the attorney general rejected an argument from the Oregon Family Council that the official title should include the idea that the initiative would require all governmental agencies in the state to issue marriage licenses. Basic Rights Oregon, the initiative’s sponsor, contended that the argument is false. According to them, county clerks would remain the only government agents capable of issuing marriage licenses if the measure is successful. Both sides now have until April 19 to appeal the attorney general’s ruling to the Oregon Supreme Court.^[3]

Effort to remove referendum protections from legislation kicks off in Michigan: After getting petition language certified in February, the group Voters for Fair Use of Ballot Referendum has kicked off its efforts at gathering signatures. The group was founded by Bill Lucas and seeks to amend the state constitution to allow for the popular referendum of bills containing appropriations. The attempt is more or less a direct response to the legislature’s recent passing of controversial bills containing minor appropriations for the purpose of rendering them referendum-proof. The most public of these legislative actions is perhaps the passing of a follow-up emergency manager bill after voters rejected Proposal 1 at the polls in 2012. More recently, however, is the legislature’s response to the Michigan Wolf Hunting Referendum. Supporters turned in a large number of signatures, likely sending the measure on to the 2014 ballot. Within weeks the legislature drafted new bills containing appropriations. Lucas’s effort is being circulated as an initiated constitutional amendment and will require a minimum of 322,609 valid signatures by early July 2014 in order to qualify for the ballot.^[4]

Vote delayed on Fair Ballot Commission bill: Senator Bobby Singleton (D-24) moved to delay a bill currently before the Alabama Senate that would create a so-called “Fair Ballot Commission.” If enacted, the commission would be charged with crafting explanations of the ballot measures that go before voters. The bill would also require that the state post the explanations to the secretary of state’s website. Sen. Singleton explained that he was not ready to vote on the bill because he was concerned that there was no provision ensuring that minorities would be represented on the commission. He also questioned whether such a commission was necessary and what accountability it would have when writing “fair” ballot statements.^[5]

Court actions

Ban on pay-per-signature practice in Colorado overturned: On Monday, April 1, 2013, federal district judge Philip Brimmer overturned the portion of HB 1326 (2009) banning paying petitioners on a by-signature basis. Judge Brimmer ruled that those sections of the law violated First Amendment rights. The lawsuit was first filed in 2010 by the Independence Institute, headed by activist Jon Caldara. Caldera claimed that House Bill 1326 would violate the First Amendment to the U.S. Constitution on the basis of restricting freedom of speech. Caldara also argued that restricting pay-per-signature would make it more expensive to conduct initiative campaigns. Arguments were heard in the District of Colorado federal court on May 13, 2010 on the matter.^[6]

At the time of writing, the Colorado Attorney General had not decided whether or not to file an appeal of the decision.^[7]

Bills to watch

Michigan senator seeks to render wolf hunting referendum pointless: Following the submission 263,705 signatures in favor of putting a state law allowing wolf hunting up to a referendum, lawmakers are acting quickly in an attempt to prevent that effort from having any effect. Senator Tom Casperson (R) is leading the legislature’s effort in the form of his newly proposed Senate Bill 288. This bill would give the Natural Resources Commission the authority to designate a species as a game species without needing the legislature to do so through a bill first. Since game species would be simply declared by the commission, there would be no legislation subject to referendum or veto. The Humane Society of the United States, one of the referendum’s key proponents, says that the new proposal is a deliberate attempt to prevent the public form having its say on the issue. Sen. Casperson argues that the bill is broader than that, and that it is specifically about protecting the state’s heritage form interest groups. Unsurprisingly, the bill contains a slight appropriation, rendering it invulnerable to referendum.^[8]

Ohio legislature pushes for more transparency on bond issues: Ohio state representative Kristina Roegner (R) recently announced a new bill she is sponsoring that would require public institutions to disclose information about their outstanding debt on ballots containing bond issues. The bill would also require that figures on each taxpayer’s debt obligations be presented. At a news conference held last week, Rep. Roegner said, “Information that we believe the voters need will be: How much current debt exists? How much outstanding debt is there? And what does that mean on a per-capita basis? That’s what we do as individuals, as families. When we need to borrow some money, we consider how much debt… we already have.” Damon Asbury, director of legislative services for the Ohio School Boards Association, said he is concerned that the legislation could further complicate already confusing ballots. He added that he did not believe the new requirements would have much effect on the success of bond issues on the ballot.^[9]

Arkansas house votes to tighten initiative laws: On Wednesday, April 17, the Arkansas House of Representatives voted 78-9 in favor of enacting additional regulations on petition gathering for state ballot initiatives. The bill would require paid petitioners to register with the state, as well as provide a photo of themselves to the secretary of state. The bill also allows state canvassers to invalidate all signatures on a petition sheet if the signers do not all reside within the same county. The legislation under discussion is Senate Bill 821.

Approved legislation

Student IDs will not be recognized as valid voter ID in Tennessee elections: On Thursday, April 4, the Tennessee State Senate voted 23-7 in support of a new voter ID bill that excludes student IDs and library cards from being counted as valid photo ID at the polls. The bill comes as a case remains pending before the Tennessee Supreme Court over whether or not library cards can be used as voter ID. That case involves a lawsuit brought by two residents and the city of Memphis against the state when election officials refused to accept a city-issued library card with a photo as voter ID. The bill now goes before the governor for final approval before becoming law.^[10]

Edited by Brittany Clingen

 

Arkansas now has three certified legislatively-referred constitutional amendments on the ballot for 2014, including two that many thought were dead. Both the Arkansas Ballot Measure Signature Requirements Amendment and the Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment were initially rejected by the Joint Committee on Constitutional Amendments were subsequently approved and then passed in the Senate.^[1]

The Arkansas Ballot Measure Signature Requirements Amendment, also known as SJR 16, would increase the percentage of valid signatures required by the time the proposal is sent to the Secretary of State. If supporters of the measure want additional time to gather signatures, they must have at least 75% of the total signatures needed. To get a proposed constitutional amendment on the ballot, a minimum of 78,133 signatures are required; proposed initiated acts require at least 62,507.^[2]

The Arkansas Elected Officials Ethics, Transparency and Financial Reform Amendment actually tackles three issues in one proposal. If passed, this measure would permit legislators to serve a total of 16 years in the House or Senate, form a separate, seven-member commission to determine state elected officials’ salaries, and establish limits on lobbying efforts by former legislators and campaign donations and gifts from lobbyists.^[3]

The third Arkansas measure is known as the Arkansas Legislative Approval of State Agency Rules Amendment, or SJR 7. If passed, this amendment would require the legislature to review and approve changes to the administrative rules of state agencies beore any changes are put in place. All three of these measures will appear on the ballot in the general election on November 4, 2014.^[3]

In Montana, two legislatively-referred state statutes may also go before voters in the general election on November 4, 2014. The first, known as SB 408 or the Montana Primary Election Revision Measure, would establish a “top two” candidate primary election system. This would allow voters to bypass party-designated ballots and vote for a candidate of any party on a single ballot. The two candidates with the most votes would then move on to the general election.^[4]

Some legislators believe this measure would place more power in the hands of voters. “I won my seat with 42 percent of the vote. So that means that 58 percent of the people who voted didn’t vote for me. I kind of wonder sometimes if that’s fair,” said Sen. Alan Olson (R-23). However, opponents fear that this new method would eradicate third parties, whose candidates typically receive far fewer votes than their Democratic and Republican counterparts.^[4]

The Montana Late Voter Registration Revision Measure, also known as SB 405, addresses the date by which citizens must be registered to vote before an election. If this measure passes, the last day a person could register would be the Friday before election day. Since 2006, people have been allowed to register the day of voting. Proponents argue that pre-registration will decrease both long lines and the workload born by election workers. Adversaries argue that such a change would disenfranchise voters. A similar bill that would disallow day-of voting registration is currently awaiting Gov. Steve Bullock’s signature, however the governor has been an outspoken opponent of dissolving same-day registration. If the current bill is not signed, SB 405 will go before voters in November 2014. The support of both Montana measures is drawn along party lines, with Republicans favoring and Democrats opposing them.^[4]

2014 Count
Number:	Sixteen measures
States:	Arkansas California, Michigan, Montana, Nevada, Tennessee, and Wyoming

Quick hits

Effort to remove referendum protections from legislation kicks off in Michigan: After getting petition language certified in February, the group Voters for Fair Use of Ballot Referendum has kicked off its efforts at gathering signatures. The group was founded by Bill Lucas and seeks amend the state constitution to allow for the popular referendum of bills containing appropriations. The attempt is more or less a direct response to the legislature’s recent passing of controversial bills containing minor appropriations for the purpose of rendering them referendum-proof. The most public of these legislative actions is perhaps the passing of a follow up emergency manager bill after voters rejected Proposal 1 at the polls in 2012. More recently, however, is the legislature’s response to the Michigan Wolf Hunting Referendum. Supporters turned in a large number of signatures, likely sending the measure on to the 2014 ballot. Within weeks the legislature drafted new bills containing appropriations. Lucas’s effort is being circulated as a initiated constitutional amendment and will require a minimum of 322,609 valid signatures by early July 2014 in order to qualify for the ballot.^[5]

Gun-control opponents in Maryland say referendum unlikely: Delegate Neil Parrott (R-2B), founder of the [mdpetitions.com], announced that opponents of Maryland’s new gun-control laws will not be pursuing the previously expected referendum on the bill. Instead, they will be focusing on raising money is support of a National Rifle Association lawsuit. Part of their fundraising will also be directed towards campaigning against state lawmakers who voted in favor of the legislation. Though many gun-rights advocates said they were confident they would have won when the bill went to popular vote, Del. Parrott said, “This is a constitutional right that should not go to the citizens to vote on.”^[6]

Spotlight

Local measures on the ballot for 10 percent of Washington residents today, local schools and cities requesting nearly 200 million in bond money

There are 35 measures on the ballots in todays election.

• 15 property tax measures
• 7 local school tax measures
• 10 local school bond measures
• $197,257,271 in total requested bond money
• 2 city bond measures
• 4 measures concerning annexation or merging of jurisdictions

Notable measures:

• A Mountlake Terrace City measure in Snohomish County seeks for the third time in three years to approve bonds to build an expensive new Civic Center. This measure is looking for approval of $25 million in bonds.
• Another measure seeks $15.5 million in bond money to remodel and improve Decatur School and other district facilities in San Juan County.

For full coverage of each measure and election results follow this page.

 

Ballot Law Update

Arkansas house votes to tighten initiative laws: On Wednesday, April 17, the Arkansas House of Representatives voted 78 to 9 in favor of enacted additional regulations on petition gathering for state ballot initiatives. The bill would require paid petitioners to register with the state, as well as, provide a photo of themselves to the secretary of state. The bill also allows state canvassers to invalidate all signatures on a petition sheet if the signers to not all reside within the same county. The legislation under discussion is Senate Bill 821.

Vote delayed in on Fair Ballot Commission bill: Senator Bobby Singleton (D-24) moved to delay a bill currently before the Alabama Senate that would create a so-called “Fair Ballot Commission.” If enacted, the commission would be charged with crafting explanations of the ballot measures that go before voters. The bill would also require that the state post the explanations to the secretary of state’s website. Sen. Singleton explained that he was not ready to vote on the bill because he was concerned that there was no provision ensuring that minorities would be represented on the commission. He also questioned whether such a commission was necessary and what accountability it would have when writing “fair” ballot statements.^[7]

A new update will be released tomorrow. Click here for past Ballot Law Update reports!

Contact: Lauren Warden Rodgers
Tel: 608-255-0608
E-mail: Lauren.Rodgers@lucyburns.org

BALLOTPEDIA CELEBRATES EARTH DAY WITH A LIST OF THE SIX BEST ENVIRONMENTALLY-FOCUSED BALLOT MEASURES
The six most notable, surprising and downright bizarre statewide ballot measures addressing environmental issues
Madison – April 18, 2013: In anticipation of Earth Day this Saturday, Ballotpedia compiled a list of the six most interesting ballot measures addressing environmental issues:

1. For sale: Submerged lands

   In 1970, voters in Florida approved an amendment to the state constitution that restricted state sales of submerged lands to instances in which the sale is in the public interest.

2. Beverage container refunds

   Did you ever look at a bottle or can and wonder why your state isn’t one of the ones that allows a 5 or ten cent refund? Guess what, it might have been a ballot measure! Washington (in 1970), Alaska (in 1978) and Colorado (in 1982) defeated amendments that would have mandated a refund on beverage containers.

3. Repealing wildlife regulations

   In 1940, voters in the Show Me state voted down a proposed measure that would have repealed the Wildlife and Forestry Code as well as all laws and regulations ordained and established by the Conservation Commission.

4. Arizona’s State sovereignty

   In 2012, Arizona voters struck down an amendment that would have given Arizona control over the state’s natural resources, including land, air, water, minerals, and wildlife. Yes, that would likely have included Grand Canyon National Park.

5. Outdoor advertising

   Voters in Missouri voted against a 2000 amendment that would have prohibited the construction of new outdoor advertising and restrict existing outdoor advertising along all national highway system highways in the state. Alaska faced a similar question two years earlier, and voters there opted to make the state “be forever free of billboards.”

6. Timber harvesting showdown in Maine

   In 1996, the issue of clear cutting and timber harvesting was on the Maine state ballot in a unique way. Voters had to choose one of three options: approve a proposed change to the laws that was initiated by a citizen petition (2A), approve a competing measure passed by the state legislature (2B), or reject both (2C). That year, the legislatively-referred measure passed with 47.4% of the vote. But because the measure did not receive a majority of the vote, it was re-submitted for the next statewide election as a separate measure. In 1997, the measure was defeated.

About Ballotpedia
Established in 2007, Ballotpedia is an online almanac about state elections and election law. It includes information about the U.S. Congress, state legislatures, ballot measures (including ballot measure law, school bond and tax elections, recall elections and local ballot measures), and state executives. Ballotpedia’s staff includes 15 researchers and writers, as well as volunteer writers and editors. It is published by the non-profit, non-partisan Lucy Burns Institute, which is based in Madison, Wisconsin.

###If you’d like more information, or to schedule an interview with Ballotpedia’s project manager, please contact Lauren Warden Rodgers at Lauren.Rodgers@lucyburns.org.

Edited by Brittany Clingen

Since last week, one additional measure has been certified in Montana.^[1] On April 15, House Bill 79, which is sponsored by Rep. Tom Berry (R-45), was filed with the secretary of state’s office. This legislatively-referred constitutional amendment will be on the ballot in the general election on November 4, 2014. If passed, the title of “State Auditor” would be renamed “commissioner of securities and insurance.”^[2] The auditor’s main responsibility is regulating the state’s insurance industry.

A similar measure previously appeared on the the Montana general election ballot on November 7, 2006. However, it was defeated.

The current measure’s full text can be found here.

Also appearing on the November 4, 2014 ballot^[3] is the Tennessee Income Tax Amendment, a legislatively-referred constitutional amendment that will determine whether or not the Tennessee General Assembly will ever again be permitted to implement taxes on income and payroll at state and local levels.^[4]

Supporters of the measure, including its sponsor Sen. Brian Kelsey (R-31), contend that, if passed, this measure would attract businesses to the state. ^[5] Opponents fear that the measure could prove detrimental to Tennessee in the long run if future lawmakers want to implement taxes to handle the state’s budget.^[6]

The measure’s full text can be found here.

Last week, the Illinois House voted 81-30^[7] to approve a measure that, if it appears on the ballot and is eventually passed by voters, would dissolve the office of lieutenant governor by the year 2019.^[8] Eliminating the office of lieutenant governor would require amending the Illinois Constitution, therefore the measure must first pass the senate, and then it will face a statewide vote. If the measure is still alive, it will appear on the Illinois ballot as a legislatively-referred constitutional amendment on November 4, 2014.

The measure’s sponsor, Rep. David McSweeney (R-52), says that eliminating the position would save the state approximately $1.8 million. ^[9] Opponents insist that the position is necessary for instances in which the governor vacates the office.

A statement from the office of current lieutenant governor Sheila Simon states she is “neutral to the proposal” but “opposed to the idea of abolishing the Lt. Governor’s Office.”^[10]

The measure’s full text can be found here.

2014 watch

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According to President Bruce Benson, the University of Colorado is contemplating a 2014 ballot measure that would produce another source of government funding for higher education. Though he won’t yet reveal them, Benson cites three ideas for generating this additional revenue. He plans to narrow his options down and then poll voters over the summer. Benson noted the importance of polling voters and gauging their support of any future ballot measures.^[11] Colorado currently ranks last in higher education dollars per student.^[12]

2014 Count
Number:	Eleven measures
States:	California, Michigan, Montana, Nevada, Tennessee, and Wyoming

On April 15, an Oregon senate committee toyed with the idea of once again introducing a sales tax measure, despite the fact that voters have rejected nine such proposals in the past. This measure would implement a 5 percent tax on goods and services, however this would be offset by decreased income taxes. Such a measure would likely be included on the ballot in either 2014 or 2016. ^[13]

Proponents of the measure say that a sales tax would help to stabilize Oregon’s tax revenue. Currently, the state obtains most of its revenue from income taxes, which have fluctuated considerably due to the volatile economy. However, opponents contend a tax on goods and services would be detrimental to low-income earners who tend to spend a larger percentage of their income on such items.^[14]

Quick hits

Amendment concerning administrative rules closer to ballot in Arkansas: The Arkansas State Senate voted 31-1 in approval of a legislatively-referred constitutional amendment that would require legislative approval of any new administrative rules promulgated by state agencies. The measure, currently moving through the legislature as Senate Joint Resolution 7, would add a new section to article 5 of the state constitution providing for a legislative committee to review any proposed administrative rules. The amendment will now go on to the house for final approval. The full text may be found here.

Michigan senator seeks to render wolf hunting referendum pointless: Following the submission 263,705 signatures in favor of putting a state law allowing wolf hunting up to a referendum, lawmakers are acting quickly in an attempt to prevent that effort from having any effect. Senator Tom Casperson (R) is leading the legislature’s effort in the form of his newly proposed Senate Bill 288. This bill would give the Natural Resources Commission the authority to designate a species as a game species without needing the legislature to do so through a bill first. Since game species would be simply declared by the commission, there would be no legislation subject to referendum or veto. The Humane Society of the United States, one of the referendum’s key proponents, says that the new proposal is a deliberate attempt to prevent the public form having its say on the issue. Sen. Casperson argues that the bill is broader than that, and that it is specifically about protecting the state’s heritage form interest groups. Unsurprisingly, the bill contains a slight appropriation, rendering it invulnerable to referendum.^[15]

Spotlight

Oregon school district asks voters to approve funding to replace a school building so old that power failures are not uncommon.

Ironically, while Howard Elementary School can boast a computer for every student, the electrical power of the building cannot support the use of all the computers at once. In this school, which has been a “technology immersion school” for years, the classrooms reportedly sometimes lose power when too many electronic devices are used at once.

Howard Elementary, built in 1949, is one of the four schools that the Eugene School District is trying to replace with its general obligation bond request measure. This measure seeks voter approval to borrow $170 million in order to replace or renovate four school buildings: Howard Elementary School, River Road Elementary School, Roosevelt Middle school and Technology Academy at Jefferson. The $170 million would also fund the improvement of instructional facilities, the updating of technology, text books and other instructional materials and the increase of student safety and district security.^[16]

If approved in the May 21^st election, this measure would increase property tax rates in the district by an estimated 24 cents per $1,000 dollars, costing about $42 per year for homeowners with homes assessed at median value of $174,000. Under this approximate tax rate, the debt would be paid in 20 years.^[17]

The Tuesday Count Spotlight highlights notable developments from local ballot measures across the country as well as international ballot measures. 

Ballot Law Update

• Legal battle heats up over same-sex marriage amendment in Oregon: On Friday, April 5, the Oregon attorney general’s office published the official ballot title for the Oregon Same-Sex Marriage Amendment. In doing so, the attorney general rejected an argument from the Oregon Family Council that the official title should include the idea that the initiative would require all governmental agencies in the state to issue marriage licenses. Basic Rights Oregon, the initiative’s sponsor, contended that the argument is false. According to them, county clerks would remain the only government agents capable of issuing marriage licenses if the measure is successful. Both sides now have until April 19 to appeal the attorney general’s ruling to the Oregon Supreme Court.^[18]

• Ohio legislature pushes for more transparency on bond issues: Ohio state representative Kristina Roegner (R) recently announced a new bill she is sponsoring that would require public institutions to disclose information about their outstanding debt on ballots containing bond issues. The bill would also require that figures on each taxpayer’s debt obligations be presented. At a news conference held last week, Rep. Roegner said, “Information that we believe the voters need will be: How much current debt exists? How much outstanding debt is there? And what does that mean on a per-capita basis? That’s what we do as individuals, as families. When we need to borrow some money, we consider how much debt… we already have.” Damon Asbury, director of legislative services for the Ohio School Boards Association, said he is concerned that the legislation could further complicate already confusing ballots. He added that he did not believe the new requirements would have much effect on the success of bond issues on the ballot.^[19]

A new update will be released at the end of the month. Click here for past Ballot Law Update reports!

Edited by Eric Veram

We discovered one new certification since last week, this time in Michigan. Colorado and Ohio remain the focus of most 2013 ballot news, but that doesn’t mean interesting things aren’t happening elsewhere! In addition to statewide news, be sure to keep reading for details on several local elections happening today!

The certification in Michigan is a legislatively-referred state statute sponsored by Representative Judson Gilbert and passed by the legislature as Public Act 408. Interestingly, the measure is set to appear on the ballot in the statewide primary election taking place on August 5, 2014.

If voters approve the referral, it would dedicate a portion of use tax revenue to benefit metropolitan areas throughout the state. This would take effect on January 1, 2015.

The measure’s full text can be found here.

We previously mentioned several initiatives recently filed in Colorado that dealt with funding for the state’s public schools. It turns out that those initiative are not only competing with Senate Bill 213 in their goals, but may also be competing it with it on this year’s ballot in November.

The bill, being sponsored by Senator Mike Johnston (D), is actually a legislative referral and therefore requires voter approval before going into effect. The proposal is a statute and therefore requires only a simple majority in the legislature to achieve ballot access. The bill is currently under consideration by the house; it was passed by the senate on April 2, 2013.

The measure is sponsored primarily by Democrats and would provide a massive overhaul to the state’s system of funding public education. Though the proposal could amount to an increase of $1 billion annually in state taxes, supporters argue it is necessary because K-12 education received nearly $2.5 billion in cuts.

Opponents, however, claim that funding is not the problem with the state’s public education system. Assistant Senate Minority Leader Mark Scheffel (R) said, “We need a student centered system that emphasizes improving student outcomes and instilling teacher accountability instead of perpetuating the present system that merely asks for more money without solving the problem.”^[1]

Another interesting development for 2013 is the increasing support being shown for the Ohio Same-Sex Marriage Amendment, a constitutional amendment that would overturn a ban on same-sex marriage in the state. Notably, that original ban was approved by Ohio voters in 2004 by a significant margin.

Supporters of same-sex marriage were first granted permission to circulate petitions last year but fell short of the necessary signatures required to place the issue on the 2012 ballot. They have since, however, stepped up their efforts. This is partly due to Senator Rob Portman‘s (R-OH) announcement of his support for same-sex marriage and a new poll showing that Ohioans may now actually vote to approve the practice they banned nine years ago.

The poll was conducted by the Columbus Dispatch from March 5 through 10 and shows a large swing in public opinion of same-sex marriage. The study reports that 54% of those polled are in favor of repealing the ban, 40% are opposed, and 5% remain undecided.^[2]

Supporters of the repeal have said that they are confidant they can gather enough signatures to secure ballot placement this year but have not yet decided whether or not they should wait until 2014 in order to gather funds for the campaign.

2014 watch

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According to reports from the Montana State Legislature, voters in that state could see another lengthy ballot in 2014.

The state’s legislative bill tracker indicates that six bills made the April 5 transmittal deadline for legislative referrals. All six bills are backed by Republicans who currently control both the house and senate in the Montana legislature. Because simple majority is all that is required to send statutes on to the ballot, all six of these bills are expected to pass, thereby circumventing Governor Steve Bullock‘s (D) veto pen.

The topics of these bills ranges greatly, from establishing a top two primary system in certain elections, to exempting religious communications from campaign finance reports.

Despite the fact that they are in the majority in the state legislature, Democrats in the senate attempted to block several of the bills with a parliamentary tactic that allows a minority body to call on a missing member before any further business can continue. Senator Shannon Augare (D-Browning) left the capitol on Friday to allow for the procedure, known as a “call of the senate,” to take place. Republicans were able to bypass the block, however, due to a rule which allows for a vote to be taken before recognizing the motion to call the senate.

2014 Count
Number:	Eight measures
States:	California, Nevada, Tennessee, and Wyoming

The bills so fought over in the senate were both related to the election process. Senate Bill 405 ends same-day voter registration on election day, and Senate Bill 408 creates the top-two party system.^[3][4]

Voters could see an exceptionally long ballot in 2014 because these six bills do not include any possible initiatives or constitutional amendments passed by the legislature.

An opinion issued by the Nevada secretary of state’s office reveals that the Margins Tax Initiative slated for the 2014 ballot will not be met with a competing measure from the state legislature. In short, the opinion confirms the Nevada State Education Association’s argument that since the legislature did not explicitly vote to reject their measure, they have forfeited their option to propose a competing one.

Contrary to legal advice received from the Legislative Counsel Bureau claiming that the legislature implicitly rejected the measure by not taking a vote, Deputy Secretary for Elections Scott Gilles wrote that taking no action on the proposal was inconsistent with the language of the state constitution.

Quick hits

• The Florida water and land conservation amendment takes one big step closer to earning a place on the ballot: This amendment seeks to dedicate 33% of revenue from the excise tax on documents to the Land Acquisition Trust Fund. Manley Fuller, the president of Florida Wildlife Federation, said that this measure would provide the “necessary funding for us to exercise proper stewardship of our resources across the state.” Last Thursday the supporters of this measure turned in over 100,000 signatures, which is more than enough to qualify for review by the Supreme Court. This important step in the petition process requires ten percent of the 683,149 required signatures and puts the measure before the Supreme Court to verify that it is about one subject and that the language is clear and concise. The campaign manager for this petition, Pegeen Hanrahan, said that there are 3,600 people helping to gather signatures for this amendment. If the measure survives the scrutiny of the court review, these supporters will be clear to gather the remaining signatures required by the first of February.^[5]

• The Republican Party in Wyoming took a stand, giving public support of the referendum to repeal the newly created position of Education Department Director: Senate File 104, commonly called the “Hill Bill” after Cindy Hill, the current State Superintendent, established the appointed position of Education Department Director and transferred some of the duties of the elected State Superintendent to this appointed position. The Constitution Party started this referendum to overturn the “Hill Bill” and return the duties in question back to the State Superintendent. Recently, in a 40-32 vote, the central committee of the republican party decided to endorse the referendum. This support for repealing the bill came as a surprise to some as the republican controlled senate originally passed File 104 by a 2/3^rds super-majority. Currently the “Hill Bill” is set to go before the Supreme Court. If it survives the court decision, the Constitution Party and others in favor of repeal will try to gather 37,606 by May 28 to get this issue before voters on the ballot.^[6]

 

Spotlight

Local voters are deciding everything from pension reform to school bonds in today’s elections.

California Florida Illinois

Most of today’s local ballot measures are being decided in Illinois, where there are over a hundred propositions waiting for the voters’ decision in towns, cities, counties and school districts across the state.

Addison Township in Illinois is requesting that voters authorize switching the responsibility for the pension costs of the local school district from the state of Illinois to the property tax payers of the district. Also waiting the decision of the voters is over $112 million in requested school bond money and many school tax measures. Four video gambling measures and one measure prohibiting the sale of alcoholic beverages will also be found on the ballots.

In California, there are only seven measures, three of which are recall elections for the Coastside Fire Protection District in San Mateo County. The remaining four measures deal with parcel taxes, business taxes and utility taxes in different cities of Los Angeles county.

Florida’s election features six ballot measures across three counties. Four measures are city charter amendments dealing with term limits and city governance. One measure seeks to authorize an electric franchise and the remaining measure asks Defuniak Springs voters if they want to abolish the right of the Mayor to decide tie votes in city council meetings.

Click here to find links to full coverage of local ballot measure elections in all three states and continue to follow this page throughout the year to see Ballotpedia’s local ballot measure coverage.

The Tuesday Count Spotlight highlights notable developments from local ballot measures across the country as well as international ballot measures. 

Ballot Law Update

• Student IDs will not be recognized as valid voter ID in Tennessee elections: On Thursday, April 4, the Tennessee State Senate voted 23-7 in support of a new voter ID bill that excludes student IDs and library cards from being counted as valid photo ID at the polls. The bill comes as a case remains pending before the Tennessee Supreme Court over whether or not library cards can be used as voter ID. That case involves a lawsuit brought by two residents and the city of Memphis against the state when election officials refused to accept a city-issued library card with a photo as voter ID. The bill now goes before the governor for final approval before becoming law.^[7]

• Arkansas outlaws contributions from public servants to ballot measure campaigns: On March 11 the Arkansas General Assembly passed HB 1187, now enrolled as Act 312. The bill declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure. The bill was sponsored by Representative Nate Bell (R).

A new update will be released at the end of the month. Click here for past Ballot Law Update reports!

By Josh Altic

Most of today’s local ballot measures are being decided in Illinois, where there are over a hundred propositions waiting for the voters’ decision in towns, cities, counties and school districts across the state.

Addison Township in Illinois is requesting that voters authorize switching the responsibility for the pension costs of the local school district from the state of Illinois to the property tax payers of the district. Also waiting the decision of the voters is over $112 million in requested school bond money.

In California, there are only seven measures, three of which are recall elections for the Coastside Fire Protection District in San Mateo County. The remaining four measures deal with parcel taxes, business taxes and utility taxes in different cities of Los Angeles county.

Florida’s election features six ballot measures across three counties. Four measures are city charter amendments dealing with term limits and city governance. One measure seeks to authorize an electric franchise and the remaining measure asks Defuniak Springs voters if they want to abolish the right of the Mayor to decide tie votes in city council meetings.

Below is a break down of the elections:

California

There are seven measures, three of which are recall votes. The other four measures deal with parcel taxes, business taxes and utility taxes in different cities of Los Angeles county:

• Measure K: City of Vernon Business License Tax Increase
• Measure L: City of Vernon Parcel Tax on Commercial Properties
• Measure M: City of Vernon Utility Users Tax
• Measure S: City of Burbank Parcel Tax for Sewer/Refuse
• Coastside Fire Protection District: Michael Alifano recall
• Coastside Fire Protection District: Douglas Mackintosh recall
• Coastside Fire Protection District: Gary Riddell recall

See full election coverage here.

Florida

Only 6 measures are being decided in this election.

• 4 charter amendments dealing with term limits and city governance
• 1 electrical franchise permission measure
• 1 measure changing the power of a city Mayor to vote in certain council meeting situations

Below is a list of articles giving details about each measure:

• Cottondale City Charter Amendment Proposition (April 2013)
• Marianna City Electric Franchise Referendum Proposition (April 2013)
• Zephyrhills City Council Term Limits Amendment Proposition (April 2013)
• Zephyrhills City Vice President Presiding Amendment Proposition (April 2013)
• Zephyrhills City Mayor Term Limits Amendment Proposition (April 2013)
• Defuniak Springs City Mayor’s Right To Vote Removal Proposition (April 2013)

See full election coverage here.

Illinois

There are well over a hundred measures on the ballots in Illinois elections. One measure looks for pension reform to make the local school district pension costs independent of the state. Other measures feature over $112 million in requested bond money and many school tax measures. Four video gambling measures and one measure prohibiting the sale of alcoholic beverages will also be decided.

Notable measures:

• Bethany Village Alcohol Prohibition Proposition (April 2013)
• Addison Township School Pension Costs Question (April 2013)

See full election coverage here.

Edited by Eric Veram

While there are no new certifications to report this week, the action is heating up as deadlines loom and campaigns for 2014. Two states loom large today, Colorado, in both ballot law and general ballot news, and Michigan, which is seeing activity on the environmental front. Several ballot measure will also be decided today in local elections in Colorado.

Last week we mentioned that a number of groups filed paper work for upcoming ballot campaigns, specifically one related to public school funding, in Colorado. Another high profile proposal submitted to the legislative council concerns health care in the state, or access to it, to be more specific.

Donna Smith is sponsoring not one, but two ballot proposals that would affect health access in Colorado. The first is the Public Health Insurance Amendment, which would establish a universal statewide public health insurance program. The second is the Right to Health Care Amendment, which would enshrine the right to health care in the state constitution.

Smith, who is also executive director of Health Care for All Colorado, said that, “Access to health care is a human right, it’s not something that should be bought and sold as a commodity.” Supporters also say that employment based health care leaves a lot of people uninsured either because their employers do not offer it or they are between jobs.

The proposals are certainly not without their critics, however. Linda Gorman, health care analyst for the libertarian Independence Institute, said that single-payer systems, “eliminate treatment and physician choice, make everyone wait for care, degrade the infrastructure needed to diagnose and cure disease, and result in widespread denial of care to those who are seriously ill.”

Both measures are initiated constitutional amendments and will require 86,105 valid signatures before they are certified for the ballot. Smith says her group is planning to gather around 100,00 names to provide for a comfortable cushion.^[1]

Senator Tick Segerblom (D-Las Vegas) has recently introduced a bill repealing a section of the Nevada constitution declaring that only marriages between one man and one woman will be recognized by the state. However, even if the proposal gain majority approval in the state legislature this year, it would be only the beginning. The bill would also need majority approval in the next legislative session, which is in 2015. Then voters would finally get a chance to weigh in on the issue in 2016.

Even if the proposal survives all these hurdles it still would not actually legalize same-sex marriage. The legislature would get the first chance to do that in 2017, the session following the statewide vote.

Supporters are optimistic, however, Vanessa Spinaloza, a lobbyist for the ACLU who helped work on the proposal, said that she was confident that a majority of the state legislature would support repealing the constitutional language. According to Spinaloza, a proposal was considered that would repeal the ban and legalize same-sex marriage simultaneously, but it was rejected for lack of support.^[2]

In other interesting news from out West, the Idaho State Legislature is currently fast-tracking a new bill to fix some issues in its recently passed Senate Bill 1108. That bill, SB 1108, created tighter restrictions on signature gathering for ballot measure campaigns in the state. It increased the number of signatures required, as well as, created new georgraphic distribution requirements for those names.

The new bill, SB 1191, relaxes some of these new provisions, possibly because lawmakers feared they were vague and unconstitutional. It removes the requirement that petitions contain only signatures from a single legislative district. The new bill also removes the requirement that petition signers state their legislative district when they sign their name. Lawmakers claims these corrections will make the petition gathering process easier and clearer.^[3]

2014 watch

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After seeing quite a bit of initiative activity in 2012, Michigan is shaping up to be another state to watch in 2014.

On Wednesday, March 27, the environmental coalition called Keep Michigan Wolves Protected submitted 253,705 signatures to the Michigan secretary of state’s office for a referendum on a bill allowing for the hunting of wolves in the Upper Peninsula.

Because it is a veto referendum, enough preliminary signatures could mean a temporary suspension of the law until a statewide vote on the issue in November 2014. The number required for the suspension is 161,305 valid names, but reports indicate that it could take several months for state election officials to verify the signatures.

Despite the opposition efforts to wolf hunting in the state, the practice is not currently legal because wildlife officials never announced the creation of a season for the practice. A successful referendum would prevent that discussion from ever happening.

2014 Count
Number:	Eight measures
States:	California, Nevada, Tennessee, and Wyoming

There are, however, organizations within the state that do support the possibility of a wolf hunting season and may lead campaigns to oppose the referendum.

One such group is the Michigan United Conservation Clubs (MUCC), which has called the humane society an “anti-hunting organization.” Erin McDonough, executive director of the group, said that, “The fact that HSUS (Humane Society of the United States) was able to collect the required number of signatures tells us nothing about the issue other than if you are willing to spend hundreds of thousands of dollars and target areas of the state without a wolf population and refuse to educate the public about the issue, you can collect a lot of signatures. MUCC believes that HSUS has vastly underestimated the intelligence level of Michigan’s residents and has grossly overestimated this state’s tolerance for out-of-state extremists attempting to buy election results.”

The Board of State Canvassers has 60 days from the filing of the signatures to determine their validity.^[4]

Michigan voters may also see another environmental initiative on the 2014 ballot, one that failed to secure enough signatures for last year’s election.

That measure is the Fracking Ban Initiative, an initiated state statute being sponsored by the Committee to Ban Fracking in Michigan. Specifically, the measure would amend the Natural Resources and Environmental Protection Act, 1994 PA 451, to include a prohibition on the practice of horizontal hydraulic fracturing.^[5]

In order to successfully qualify for the ballot, the group will need to gather 258,088 signatures by the petition deadline on May 28, 2014.

Quick hits

• Important donors commit to funding an effort to get medical marijuana on the 2014 ballot in Florida, campaign may cost $10 million: Attorney John Morgan had this to say about the petition for a medical marijuana measure in Florida: “I’m prepared to keep raising money and writing checks until I get the signatures to put it on the ballot.” Ben Pollara, currently the treasurer of the medical marijuana campaign and the man responsible for originally recruiting John Morgan, is hopeful that, with the new backer, the campaign now has the funding and knowledge to put the measure before voters on the 2014 ballot, despite the estimated $10,000,000 it will cost to collect the nearly 700,000 necessary signatures. Pollara also expressed confidence that the measure was likely to pass if it did come to a vote, saying, “Looking at the poll, the support is really broad and I think there is room to grow our support. I don’t think there is going to be well-funded organized opposition to this. I think we’ve got a pretty decent chance if we get on the ballot.”^[6] A recent poll by People United for Medical Marijuana found that there was 70% support for medical marijuana legalization, while only 24% opposed it.^[7]

• North Dakota Senator looks to restrict costly initiatives, pointing to California as an example of what not to do: In a 28-19 vote, the full North Dakota Senate rubber-stamped an amendment that would require 40% state legislature approval of any citizen-initiated measure costing more than $50 million. If this amendment is adopted, any measure initiated by citizens and approved in an election would then go to a three-member commission to determine the cost of the measure. If the cost is found to be greater than $50 million, the measure would go to the legislature, where anything less than 40% approval would overturn it. Senator David Hogue is the main supporter and sponsor of this bill and argued that, if strategies like this are not employed to protect the State from financial disaster caused by costly initiatives, North Dakota could see the same fate as California, which is currently more than $335 billion in the red. Hogue was motivated to push this bill by recent efforts to pass expensive initiatives, one of which would have reportedly cost the state $1.8 billion. Hogue blames expensive citizen-initiated measures for much of California’s current debt problems and, concerning voters deciding important financial questions, Hogue said, “You cannot make good spending decisions at the ballot box… California was once the most prosperous state in the nation and they had the budget surpluses we enjoy today.”^[8]

 

Spotlight

Over 200 local measures being decided today, including a Nuclear Weapon funding prohibition and nearly a billion dollars in requested bond money.

Colorado Florida Missouri Wisconsin

With 217 measures on the ballots throughout cites, counties and school district across Colorado, Florida, Missouri and Wisconsin, local voters are all set to make big changes in their communities on issues ranging from term limits and salaries of local officials and school bonds and taxes to corporate free speech and prohibiting nuclear weapon production financing.

Throughout Missouri and Wisconsin there are 78 bond measures requesting a total of $941,768,000 in bond money, $852,970,000 of which is being requested by local school districts. Also in Missouri, Kansas City voters have the chance to prohibit the city government from financing or offering any incentives to the Honeywell nuclear weapon plant, which provides 80% of the components for U.S. nuclear weapon production.

In Colorado, there is an effort to increase the salaries of city commissioners in the City of Colorado Springs. This is, according to supporters of the measure, the only way to get young and low-income people to become active in government and thus provide proper representation of the residents.

And in Wisconsin, two cities join the growing movement of local voters requesting country-wide limitations of corporate free speech and campaign donation rights through a constitutional amendment.

To see all of the 2013 local ballot measure elections covered by Ballotpedia follow this page throughout the year.

The Tuesday Count Spotlight highlights notable developments from local ballot measures across the country as well as international ballot measures. 

Ballot Law Update

• Ban on pay-per-signature practice in Colorado overturned: On Monday, April 1, 2013, federal district judge Philip Brimmer overturned the portion of HB 1326 (2009) banning paying petitioners on a by-signature basis. Judge Brimmer ruled that those sections of the law violated First Amendment rights. The lawsuit was first filed in 2010 by the Independence Institute, headed by activist Jon Caldara. Caldera claimed that House Bill 1326 would violate the First Amendment to the U.S. Constitution on the basis of restricting freedom of speech. Caldara also argued that restricting pay-per-signature would make it more expensive to conduct initiative campaigns. Arguments were heard in the District of Colorado federal court on May 13, 2010 on the matter.^[9]

At the time of writing, the Colorado Attorney General had not decided whether or not to file an appeal of the decision.^[10]

• Kansas voters could see clearer ballot language in near future: The Kansas State Senate voted on Monday, March 25, in approval of a new law that would would allow election officials to request a state official write an “explainer” when a ballot measure’s language is deemed too confusing for voters to easily understand. The law, House Bill 2162, does not require that the explainer be placed directly on the ballot, but rather requires that it be posted at polling places. The drive for clearer ballot language was ignited following a vote in Wichita on whether the developer of a downtown hotel should be entitled to a tax break. Because of the measure’s confusing wording, polling places were bombarded with phone calls, but officials were not allowed to say anything other than “Yes means yes. No means no.”^[11]

A new update will be released at the end of the month. Click here for past Ballot Law Update reports!