February 15, 2013

DENVER, Colorado: In 2011, the last odd-numbered year, Colorado saw one ballot initiative on the ballot.

The measure, Proposition 103, would have increased the state income and sales tax. Specifically, it would have increased the state income tax to 5 percent and the sales tax to 3 percent. The state income tax before the proposal was 4.63 percent and the sales tax was 2.9 percent.

This year, for initiatives to make the ballot, supporters have until August 5, 2013 to turn in signatures in order for their measure to be considered for the ballot.

January 22, 2013

Edited by Al Ortiz

The drought continues for 2013 ballot measures.

As of today, January 22, no ballot measures have been placed on a 2013 special, primary or general election ballot.

However, as highlighted last week, the Maine initiative drive deadline is on January 24. On that day, Ballotpedia will give real-time updates on filings that occur for proposed statewide ballot measures by citizens.

Tuesday Count weekly news…

Colorado is one of a handful of states that allows measures to be placed on odd-numbered year ballots. Although this is allowed, some state legislators are beginning a push to tackle one particular issue either this year or in the following year.

The 2013 legislative session in the state is in full swing. One of the issues at hand is the death penalty, set to be considered in the form of two competing bills that are expected to be introduced in the near future, reports say. State Representative Claire Levy stated that she wanted to make the maximum sentence in the state life in prison without parole. Moral grounds, she says, is the key reason behind her efforts to stop the death penalty. Levy stated that the death penalty can include a lengthy appeals process, multiple hearings and extensive media coverage that make it difficult for victims’ families.

According to Levy, “With a life sentence, they serve out their sentence, they die in prison, they’re forgotten by the public, so they don’t get the notoriety.”

On the other hand, Rhonda Fields, state representative from Aurora, plans to introduce a competing bill that would put the issue of the death penalty up for a vote in 2014, a vote that would be similar to what California voted on in 2012.

2014 watch

The 2012 election could retrospectively be looked upon as the springboard for multiple states across the country coming forward to visit the issue of same-sex marriage. While various states have been highlighted in past Tuesday Count reports regarding the topic, the most recent state to possibly weigh in is Indiana.

Lawmakers in the state could have their plates full this legislative session with a proposal that voters may have a chance to chime in on. Recently, State Senate President Pro Tem David Long commented that the chamber is delaying their announcement on how they’ll proceed with a proposed same-sex marriage ban. Long stated that he’s evaluating how the United States Supreme Court’s decision to review the issue might impact the bill.

During 2011 legislative session, the General Assembly approved the bill, allowing it to be considered during this year’s session. According to the Indiana Constitution, a proposed constitutional amendment in the legislature must be approved by both chambers in two successive sessions in order to be placed on the ballot. If approved, the measure would be sent to the next general election ballot, which would be in November 2014

To view same-sex measures that were on the ballot in 2012, click here.

Quick hits

Georgia could see the abolishment of state income tax in its future: State income tax could be phased out by 2027 if a recent senate proposal is approved by voters. The bill, Senate Resolution 8, was proposed by Senator Joshua McKoon and would reduce the income tax rate by 0.5 percent every year until it is eliminated. The proposal calls for a constitutional amendment and would need to be approved by a two-thirds majority of both legislative chambers before it could be referred to the ballot. According reports, Senator Mike Dugan is cosponsoring the bill and has said that a consumption tax could be a viable alternative the current income based revenue system.^[1]

SPOTLIGHT: D.C. Attorney General hopes voters do not force hand of Congress in April budget amendment

Despite much controversy and vehement arguments against a referendum, Washington D.C. Elections Board members unanimously authorized a ballot measure that gives the people a chance on April 23 to vote for long sought-after budget autonomy. This proposal, if approved, would authorize a charter amendment to remove the city’s budget from the congressional appropriations process, allowing the D.C. Mayor Vincent C. Gray and the City Council to decide on all local spending and set the fiscal calendar.^[2] According to reports, voters will likely support this amendment and, if they do, Congress will be forced to actively pass a disapproval resolution to keep control of the City’s budget.^[3]

The argument proposed against this referendum by the D.C. Attorney General, Irvin B. Nathan, is simple: the amendment is illegal. Nathan, along with other critics of the amendment such as D.C.’s own Mayor, Vincent Gray, argue that the measure would likely lead to a drawn-out and pricey battle in court because the Anti-deficiency Act forbids the City of Washington D.C, as a federal entity, from spending funds without congressional approval.^[2] Nathan supports an effort to achieve budget autonomy for the district residents, but he asserts that a law passed by Congress is the only legal way to do it. When pressed, he stood firm on his position, insisting that this amendment could result in political backlash from Congress who could see it as a violation of their oversight powers. Concerning the reaction on Capitol Hill, Nathan said, “To put it mildly, it is not likely to be pretty.”^[6]Supporters of the measure are numerous and include D.C. Council’s general counsel and activists groups such as the D.C. Voting Rights Coalition.^[2] Speaking on behalf of this group, James Jones said, “A yes vote on [the question] will free D.C.’s local tax dollars from a dysfunctional Congress. Our local tax dollars should not be held hostage by people we did not elect to serve.”^[4] The D.C. Vote group also released a document supporting the referendum that proposes the charter amendment as the key to granting D.C. residents “the democratic rights enjoyed by all other Americans to control their own local tax revenues” and that budget autonomy will allow the District government to more effectively govern and administer to the needs of the people.^[5]

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

Ballot Law Update

Michigan lawmakers consider changes to petition process: On January 16, Senator Tory Rocca introduced a bill which would create more transparency in the initiative process. The bill, SB 10, would require that the names of paid petition circulators be listed on the front page of the petition of any ballot initiative. The bill goes further still and requires that the organization paying the petition circulators also be prominently displayed.^[7]

Idaho joins growing list of states in seeking to make the initiative process more difficult: Senator Curt McKenzie introduced a bill to the Idaho Legislature on January 21 that would make it more difficult to place citizen initiatives on the ballot. The bill would alter signature benchmarks by requiring that names come from six percent of the registered voters of twenty-two of Idaho’s thirty-five legislative districts. The bill is similar to a court overturned law that required signatures from six percent of the voters in at least twenty-two counties. In that instance the court ruled that the law gave more power to the rural counties over the urban ones and was therefore unconstitutional. According to supporters of the new bill, the new requirements would treat urban and rural residents equally. Russ Hendrick, a lobbyist for the Idaho Farm Bureau and is the individual responsible for requesting the new bill, says, “The bottom line is just to ensure that there’s broad support across the state for an issue before it qualifies on the ballot.”^[8]

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

November 7, 2012

By Josh Altic

Denver, Colorado: All three of Colorado’s ballot measures on the Colorado 2012 ballot were approved by voters, as counted in the 41 out of 64 precincts that have reported so far and reported on the Colorado Secretary of State website.

As more ballots are counted and reported, stay tuned for developments and updated election results on Ballotpedia’s page for Colorado 2012 ballot measures and read below for information on the details of election results for these three measures.

Amendment 64

This initiated constitutional amendment measure would legalize marijuana in the state. A similar measure was on the 2006 ballot in the state, where it was defeated..

According to the Colorado’s Secretary of State’s website, Amendment 64 was approved by a margin of a little less than ten percent, with 54.83% voting yes and 45.17% voting no. Election results are not yet official, as a canvassing of the results will not be done until later this month.

Amendment 65

This measure, as an advisory question, urges the state to support tweaks in state policy on limiting corporate contributions and expenditures in state and national elections. The measure charges state lawmakers with furthering the state’s policy on the matter and ask congressional delegates to support efforts to overrule the ‘’Citizens United’’ decision by amending the U.S. Constitution.

Amendment 65 is shown by the Colorado’s Secretary of State’s website as decisively approved, 73.81% of electors having voted yes so far, while only 26.19% having voted no. Election results are not yet official, as a canvassing of the results will not be done until later this month.

Amendment S

This measure, legislatively-referred constitutional amendment implements certain testing methods for job applicants, restrict the number of finalists for a particular job or position, place limits on the hiring temporary workers and require that applicants be residents of the state, according to reports.

With 56.26% of electors voting yes so far and only 43.74% voting no, as reported by the Colorado Secretary of State, Amendment S is strongly expected to be approved when the results are finalized. Election results are not yet official, as a canvassing of the results will not be done until later this month.

See developments on Ballotpedia’s page for Colorado 2012 ballot measures.

November 1, 2012

By Ballotpedia’s Congressional team

DENVER: Colorado: Colorado has seven U.S. House seats on the ballot in 2012. All seven incumbents are running for re-election, all of whom face at least one challenger in the general election (100%).

Two of the seven seats are considered to be competitive according to the New York Times race ratings. Those are the 3rd and6th districts.^[1]

Colorado’s 3rd is considered to be Leaning Republican. Republican incumbent Scott Tipton‘s district has been redrawn to be slightly more competitive. He is challenged by state representative Sal Pace (D). Both parties see the seat as crucial to control the House.^[2] The district has been included in the Democratic Congressional Campaign Committee‘s “Red to Blue List,” which identifies districts that the organization has specifically targeted to flip from Republican to Democratic control.^[3]

Colorado’s 6th is considered to be Leaning Republican according to the New York Times race ratings. Republican incumbent Mike Coffman‘s district has been redrawn to include nearly equivalent amounts of Republicans, Democrats, and Independents. His opponent, Democrat Joe Miklosi, has struggled to raise money for his campaign. ^[4] Colorado’s 6th has also been included in theDemocratic Congressional Campaign Committee‘s “Red to Blue List.

Currently, the Republican Party holds four of the seven Congressional seats from Colorado. According to race ratings by the website RealClearPolitics, Colorado’s 6th is ranked the 33rd most likely seat in the nation to switch party control. Colorado’s 3rd is ranked as number 46 on the list.^[5]

In Colorado, the polls are open from 7:00 AM to 7:00 PM Mountain Time.^[6]

See also: State Poll Opening and Closing Times (2012)

Here is a complete list of U.S. House candidates appearing on the general election ballot in Colorado:

• Candidates running by District
• Partisan breakdown by district
• Comparison of new and old redistricting maps

 

District	General Election Candidates	Incumbent	2012 Winner	Partisan Switch?
1st	Diana DeGette  Danny Stroud  Frank Atwood  Gary Swing  Thomas Henry Juniel	Diana DeGette	Pending	Pending
2nd	Jared Polis  Kevin Lundberg  Randy Luallin  Susan Hall	Jared Polis	Pending	Pending
3rd	Sal Pace  Scott Tipton  Gregory Gilman  Tisha Casida  Morgan West  Jaime McMillan	Scott Tipton	Pending	Pending
4th	Brandon Shaffer  Cory Gardner  Josh Gilliland  Doug Aden	Cory Gardner	Pending	Pending
5th	Doug Lamborn  George Allen Cantrell (write-in)  Jim Pirtle  Dave Anderson  Kenneth R. Harvell  Misha Luzov	Doug Lamborn	Pending	Pending
6th	Joe Miklosi  Mike Coffman  Patrick Provost  Kathy Polhemus	Mike Coffman	Pending	Pending
7th	Ed Perlmutter  Joe Coors, Jr.  Buck Bailey  Douglas Campbell	Ed Perlmutter	Pending	Pending

November 1, 2012

By Ballotpedia’s State legislative team

Denver: Colorado: There are 85 total legislative seats with 2012 elections in Colorado, where polling places are open from 7:00 AM to 7:00 PM Mountain Time .^[1]

In the state senate Republicans need to win three seats to gain control of the chamber. The state house has been identified as a chamber that has a highly likelihood of changing partisan control. The current makeup of 33 Republicans and 32 Democratsmeans that even one lost seat for Republicans will give Democrats the majority.

Of the 85 incumbents up for election in 2012, 53 (62.4%) of them are running for re-election. A total of 73 of 85 (85.9%) districts will see more than one major party candidate in the general election.

Here are a few races to watch:

Senate

• District 22: Incumbent Ken Summers (R) faces a challenge from current state house incumbent Andrew Kerr (D).

• District 35: Incumbent Democrat Joyce Foster is retiring, but in the wake of redistricting this race is not necessarily being “defended” by Democrats, as the new rural parts of the district have drastically changed the demographics, indicating a chance for Republican Larry Crowder to pick up the seat.^[2]

House

• District 3: Incumbent Daniel Kagan (D) saw her safely Democratic district wash away with redistricting, and will face challenger Brian Watson (R), the owner of a local real estate investment company.^[2]

• District 34: Incumbent John Soper (D) retired due to term limits. This is a seat that Republicans will attempt to pick up, with Jodina Widhalm (R) facing Steve Lebsock (D).

• District 47: Keith Swerdfeger (R) is retiring, leaving a seat for Democrats to potentially pick up. Netto Charles Rodosevich (D) will challenge Clarice Navarro-Ratzlaff (R) in the general election.

October 24, 2012

Florida. Ohio. Colorado. New Hampshire. You’ve no doubt heard a lot of talk about the presidential swing states. With just two weeks left until the general election, political reporters across the country consider anywhere from 3 to 10 states to be toss-ups in the race for the presidency. Here at the Lucy Burns Institute, our election analysts have focused on nine of those states with significant non-presidential races to present a full picture of the 2012 elections in Colorado, Florida, Iowa, Maine, Michigan, New Hampshire, North Carolina, Ohio and Pennsylvania.

Whether it’s a congressional race pitting two incumbents against each other, a state legislative chamber that is one seat away from switching from a Democratic to a Republican majority, or a judicial election that will decide the balance of a state Supreme Court, the teams at Ballotpedia and Judgepedia have a breakdown of everything you’ll want to watch in these key states.

Colorado

Colorado voters will decide an important ballot measure this year; Amendment 64, on the November 6, 2012 ballot as an initiated constitutional amendment, which would legalize recreational marijuana in the state. The measure will ask whether or not to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older. President Barack Obama‘s and Republican candidate Mitt Romney’s stance regarding marijuana legalization, regulation and taxation like alcohol is expected to influence the young voter population in Colorado.

After redistricting, two Congressional districts are considered to be up for grabs: the 6th district where incumbent Republican Mike Coffman is facing current state representative Joe Miklosi (D). The other seat that could swing is in the 3rd district, where freshman GOP representative Scott Tipton will attempt to hold off a challenge from Democratic state representative Sal Pace.

In the state House and state Senate, 32 incumbents are not seeking re-election – 16 from each party. One seat to pay close attention to is House District 47, from which Keith Swerdfeger (R) is retiring, leaving a seat for Democrats to potentially pick up. Netto Charles Rodosevich (D) will face Clarice Navarro-Ratzlaff (R) in the general election.

Florida

In 2010, the Florida Supreme Court upheld three lower court rulings that struck three legislatively referred ballot measures from appearing on the statewide ballot that year. This year, the Florida Legislature passed a measure to the 2012 general election ballot that would revise provisions relating to repeal of court rules, limit readoption of repealed court rule and stipulate that all appointments to the Florida Supreme Court be subject to confirmation by the Florida State Senate. The proposed legislation also grants the state House access to investigate files of the Judicial Qualifications Commission. Although the measure, Amendment 5, is not an issue being discussed in the presidential race, any controversial or scrutinized measure in this swing state could send a rush of voters to the polls. On a related note, conservatives are leading a strong effort to oust Supreme Court Justices Barbara Pariente, Fred Lewis and Peggy Quince. The justices are under fire for various rulings in support of federal healthcare legislation, the death penalty and other controversial topics.

Florida gained two Congressional seats as a result of redistricting. Predictions vary, but as many as eight U.S. House seats could be in play. Perhaps more significant is the U.S. Senate race between incumbent Bill Nelson (D) and U.S. House Rep. Connie Mack (R). The seat leans in Nelson’s favor and he has polled out front. With the control of the Senate a toss-up, any close Senate battle is pivotal to both parties.

Iowa

An anti-retention effort against Justice David Wiggins is underway, led by conservatives who are upset with Wiggins’ participation in a unanimous 2009 ruling to overturn the state’s ban on gay marriage. The other three justices who voted in the case were not retained to their positions in 2010.

Iowa lost one Congressional seat as a result of redistricting. This has prompted an incumbent-vs-incumbent battle between Leonard Boswell (D) and Tom Latham (R) in the 3rd District. Though it’s not an incumbent match up, the race in 4th District is also expected to be very close, as incumbent Steve King (R) faces former First Lady of Iowa Christie Vilsack (D).

In the state Senate, Democrats hold a slim 26 to 24 majority, while Republicans have a 59 to 40 majority in the state House. Races to watch include Senate district 26, where incumbent Mary Jo Wilhelm (D) will face incumbent Merlin Bartz (R), and House district 13 with incumbents Chris Hall (D) and Jeremy Taylor (R) battling it out for the seat.

Maine

One of the most closely-watched ballot measures of the year comes from Maine. The state is one place in the country where the issue of gay marriage is starting to draw serious attention from both sides. Maine Question 1 would overturn a voter-approved 2009 ballot measure that banned same-sex marriage in the state.

With Republican incumbent Olympia Snowe retiring, the U.S. Senate seat in Maine is now considered a toss-up. The current frontrunner is former Governor of Maine Angus King, an Independent, who is expected to caucus with Democrats should he win the seat. King faces Cynthia Dill (D) and Charles Summers (R) in the election (along with several other third party candidates).

Republicans hold small majorities in both state legislative chambers. In Senate District 27, incumbent Douglas Thomas (R) is challenged by representative Herbert Clark (D). Clark is attacking Thomas by drawing attention to an unpopular proposed highway project that passes through the district. House district 94 will see the Assistant Democratic Leader Teresea Hayes opposed by Timothy Turner(R). Hayes narrowly kept her seat in 2012, escaping with a 2,122 – 2,012 victory.

Michigan

Though the Michigan Supreme Court race is technically non-partisan, it has been riddled with partisan conflict between the three Republican-endorsed candidates (Stephen Markman and Colleen O’Brien for the full term; Brian Zahra for the partial term) and three Democratic-endorsed candidates (Connie Marie Kelley and Bridget Mary McCormack for the full term; Shelia Johnson for the partial term). The loaded races have a total of ten candidates running for three seats on the court.

Michigan lost one congressional seat via redistricting. Of particular note is the 11th District, where incumbent Thaddeus McCotter (R) failed to qualify for the ballot and then subsequently resigned his seat. Tea Party-backed candidate Kerry Bentivolio will attempt to hold the seat for Republicans in both the regular election and a concurrent special election as well. He will face Syed Taj in the general election — and David Curson (D) in the special election.

One measure garnering attention in Michigan is Proposal 4. The initiative would place features of the Michigan Quality Community Care Council in the state constitution, in addition to providing home health care providers with limited collective bargaining. Collective bargaining rights has been an issue under much debate since 2011, when Ohio’s Senate Bill 5 took center stage.

New Hampshire

Incumbent Democratic Governor John Lynch (D) is not running for re-election. Former state senator Maggie Hassan (D) faces Ovide Lamontagne (R) in the general election. Polls are indicating a very close race for the governorship, which is one of only eleven gubernatorial races this year.

Both congressional districts in New Hampshire are in play. Currently, both seats are held by Republicans. Both races feature rematches from 2010, between Democrat Carol Shea-Porter and Frank Guinta in the 1st district and between Democrat Ann Kuster and Charlie Bass in the 2nd district.

North Carolina

After winning control of the state legislature in 2010, Republicans in North Carolina redrew the congressional redistricting map to swing in the GOP favor. Presently, seven of the 13 seats are held by Democratic incumbents, but several seats are expected to change hands in North Carolina on election night. The races of particular note are the 7th, 8th, 11th and 13th districts.

A total of 10 state executive positions are up for election this year in North Carolina. Democratic governor Bev Perdue is not running for re-election and Republican Pat McCrory is polling comfortably ahead of the Democratic nominee, current lieutenant governor Walter Dalton. The Republican Party is expected to gain a trifecta on election night by winning the governorship and maintaining control of both chambers of the legislature.

This year’s North Carolina Supreme Court election could shift the balance of the court. Though the state’s judicial races are technically nonpartisan, the political parties have each made their positions clear. The Republican-backed incumbent, Justice Paul Martin Newby, is challenged by Democrat-endorsed Sam Ervin. Currently, the political balance favors conservatives 4-3. A number of laws passed by Republicans in the General Assembly are currently being challenged in lawsuits that could find their way to the high court — raising the stakes of this election even higher.

Ohio

With three contested races for the Ohio Supreme Court, a variety of outcomes is possible. The results won’t shift the court’s conservative composition, which is 6-1 Republican, but they could serve as a bellwether for other Ohio races. Appointed incumbent Justice Yvette McGee Brown is competing in her first race to the court. If she wins election, Brown will be the first Democrat elected to the court since 2000. A willingness for Ohio voters to elect a Democrat to the high court may signify a shift of opinions in the perennially watched state.

The redistricting process in Ohio this year didn’t come without controversy, leading to Issue 2 on the general election ballot. The measure would create a 12-person citizen commission to draw legislative and congressional district maps. According to supporters of the measure, the commission would create districts that would reflect the state’s geographic, racial, ethnic and political diversity. The initiative would also bar lobbyists and elected officials from joining the commission. Currently, the Ohio Legislature redraws district maps every ten years following U.S. Census results.

Ohio lost two congressional seats this year. In one of the tightest U.S. Senate races of the year, incumbent Sherrod Brown (D) is being challenged by current state treasurer Josh Mandel (R). Brown has maintained a slight lead in the polls as well as in fundraising. For the U.S. House, the 16th District race features an incumbent-vs-incumbent battle between Betty Sutton (D) and Jim Renacci (R). Another close race to watch is the rematch in the 6th District between incumbent Bill Johnson (R) and Charlie Wilson (D).

Pennsylvania

While the governor is not up for election, there are still three state executive elections taking place in Pennsylvania. The current attorney general, Linda Kelly, was appointed to the post by Gov. Tom Corbett and will not seek election to a full term. Democratic candidate Kathleen Kane, who edged out Patrick Murphy, the presumptive nominee, is polling out front of David Freed (R). Since the position became an elected post in 1980, no Democrat has ever won the office in a general election.

Both chambers of the legislature have the potential to swing from Republicans to Democrats. Republicans have a nine seat advantage in the Senate and a nineteen seat advantage in the House, but all four retiring Senators are Republicans. Close races in the Senate include open seats in Districts 15 and 49, while in the House Districts 3, 5, 37, and 197 (which is currently vacant) look to be some of the most competitive.

Pennsylvania lost one congressional seat as a result of redistricting. Currently Republicans hold 13 of the 19 seats in the state. Several races are considered to be competitive, including the 6th district,7th district, 8th district and 12th district. The 12th district is of particular note because it featured an incumbent-vs-incumbent battle in the primary, where Mark Critz (D) emerged victorious over Jason Altmire. Critz faces a strong challenge from Keith Rothfus (R) in the general election. If Rothfus wins, it would mean two incumbents lost within the same district in one election cycle — an extremely rare occurrence.

August, 2012

DENVER, Colorado: The proposed Colorado “personhood” amendment will not appear on the ballot after supporters fell short of the signature requirement.

According to the Colorado Secretary of State‘s office, signatures fell about 3,900 short of the more than 86,000 signatures needed.

The measure would define the term “person” in the state constitution as the start of biological development. On August 6, the Colorado Personhood Coalition submitted 112,121 signatures to the Colorado Secretary of State.^[1]

August 31, 2012

By Bailey Ludlam

Campaigns in support of marijuana initiatives in Washington and Colorado have raised an estimated $3 million. A total of six marijuana-related ballot measures have thus far been approved to appear before voters in elections this year.^[1]

According to the most recent campaign finance reports, $2 million has been raised for Washington Initiative 502.^[1] The proposed measure would legalize the production, possession, delivery and distribution of marijuana. The initiative would regulate the sale of small amounts of marijuana to people 21 and older. According to reports, marijuana grow farms and food processors would be licensed by the Washington State Liquor Control Board.^[2] Additionally, the measure would make it illegal for a motorist to have more than 5 nanograms of THC (an active ingredient of marijuana) per milliliter of blood in their system.^[3] The initiative is supported by a group called New Approach Washington.^[4]

On the other hand, the Colorado initiative, Amendment 64, has raised an estimated $1 million.^[1] The initiative asks whether to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older. In addition, it would allow the state to regulate retail sales of the drug.^[5]

Below is a list of all currently certified ballot measures that relate to marijuana, in no particular order:

August 7, 2012

Newsletter Signup

Edited by Al Ortiz

A downpour of ballot measures has engulfed the Tuesday Count. Seven ballot measure certifications recently made it to the ballot; all but one was sent by state legislatures in four states.

The count has bulked up to 162 ballot measures in 36 states.

In addition, today, August 7, is Primary election day for the state of Missouri. Thus, voters will finally get to chime in on Amendment 2, the public prayer measure.

Starting with ballot-certifications, Colorado voters saw the state’s petition drive deadline pass on August 6. Although two measures submitted petitions to the Secretary of State, signatures are still being verified.

However, one more measure was added to the statewide 2012 ballot, compliments of the Colorado Legislature. Amendment S was placed on the ballot for the fall, which was proposed to change aspects to the state personnel system.

Specifically, the measure would implement certain testing methods for job applicants, restrict the number of finalists for a particular job or position, place limits on thehiring of temporary workers and require that applicants be residents of the state, according to reports. The formal title of the measure was House Concurrent Resolution 1001.

Meanwhile, although Missourians will vote on one measure today, another one was added to the statewide general election ballot. The measure was added as acitizen initiative and was placed on the ballot after a court ruling that decided that the Missouri Secretary of State had correctly written the language of the proposal. Also included in that ruling, was that the state auditor has the constitutional right to prepare the financial summaries of the measures. The state auditor’s role in the initiative process had previously been legally questioned.

The ruling ends what was a tangled web in the state initiative process that began with a simple legal challenge to a potential tobacco tax initiative. That initiative, along with one other, is still having signatures reviewed to determine if they can be placed on the ballot.

The state of New Mexico also added three more measures to the statewide ballot, resulting in the state’s final total of eight ballot measures. The three measures all relate to bonds, with Bond Questions A, B and C dealing with bonds for senior citizen facilities, public library resource acquisitions and higher education improvements.

Since 1998, every even-numbered year in the state of New Mexico has had bond measures on the ballot. With the addition of the three bond issues for 2012, New Mexico voters will have voted on a total of 31 bond issues since 1998.

Finally, Washington voters will head to the polls this November to find eight measures of their own to vote on after two advisory questions were added to the ballot.

The first of the two would delay the expiration of the pollution liability insurance agency’s funding until July 1, 2020. The second measure would declare an intent to improve the long-term sustainability of the state budget.

An advisory question is a type of ballot measure in which citizens vote on a non-binding question. The largest difference between an advisory vote and any other type of ballot measure is that the outcome of the ballot question will not result in a new, changed, or rejected law or constitutional amendment. Rather, the advisory question symbolically makes heard the general opinion of the voting population in regard to the issue at hand.

[edit]Missouri primary election

As previously stated, the statewide primary election in Missouri is today, August 7, and voters will be deciding on one ballot measure, Amendment 2.

If passed, the measure would alter the state constitution by expanding the general statewide constitutional right to religious freedom. The measure specifies that citizens have the right to express their religious beliefs through worship “in private or public settings, on government premises, on public property, and in all public schools.” The measure also mandates that public schools display the U.S. Bill of Rights.

Read more about this measure in Ballotpedia’s preview article.

[edit]Quick hits

Oregon ballot measures receive formal number and title: The Oregon Secretary of State has finished verifying signatures for submitted ballot initiatives and has numbered the qualifying measures. Voters this fall will see nine total measures of varying types, two measures are legislatively-referred constitutional amendments, four are initiated state statutes, and three are initiated constitutional amendments. The nine are counted beginning with Measure 77 through Measure 85 and have each received their official ballot title. For more information on these measures, click here.

Initiative supporters in North Dakota gear up for deadline: According to reports, four ballot proposals are preparing to submit signatures on the August 8 deadline. The four proposals cover diverse topics, including: farming and ranching, oil taxes, animal cruelty, and a smoking ban. Those same reports also state that supporters of the North Dakota University Nickname Amendment have not yet decided whether or not to submit their proposal.^[1]

Four states host local election today

Today, August 7, in the states of Washington, Ohio, Michigan and Missouri, residents will decide on several local issues.

In Washington, fifteen counties have items on their election ballot. One notable measure is a vote in King County concerning the local youth center. The measure seeks to increase the current property tax rate in order to help pay for rebuilding and refurbishing the current center. Those in favor believe the facility badly needs upgrades to ensure that services are up to current standards. On the other hand opponents state that funds could be used elsewhere and higher taxes lead to further burdens on residents.

In Ohio, thirty counties have posted information about issues on their ballots for the election. A measure in the Buckeye Valley School District will let voters decide on a combined income tax and bond measure option. The income tax would go towards school operational costs and the bond would go towards paying for a new school facility as well as renovation coats.

In Michigan, forty counties posted information about local issues for the August 7 ballot. A notable measure is in the city of Detroit where the Detroit Institute of Arts is seeking to have its own permanent levy to fund services and programs. Those in favor of the levy have stated that with a dedicated levy, the museum would not have to worry about funding. Opponents have stated that those who use the museum should pay and that it would not be beneficial to residents to have further tax increases in the city.

In Missouri, several counties have posted election information, and in Springfield. two proposed charter amendments are of significance to future petitions in the city. One seeks to change the signature requirement amount for proposed petitions in the city. The amendment would make it so that there would need to be signatures from 7 percent of all total registered voters for a petition to be valid. The current requirement is 10 percent of voters who participated in the last election. Opponents to the amendment have stated that this would result in a more difficult path to the ballot for initiative proposals, while proponents have stressed that this will encourage those wanting to place issues on a future ballot to work harder for the extra signatures.

Results for these measures will be posted on Ballotpedia as soon as they are reported by County officials.

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

No quiz this week! But check out past quizzes here!

BALLOT LAW UPDATE

Arkansas legislature orders study on initiative process: Following the disqualification of thousands of signatures for proposed ballot initiatives, the Arkansas House and Senate committees on state agencies and government affairs voted for a study on the laws and procedures related to the initiative process. Reportedly, a number of complaints were raised by critics claiming that there are no repercussions for political campaigns that submit high numbers of invalid petition signatures. According to some legislators, one solution may be to prohibit campaigns from paying signature gatherers. According to theAssociated Press, over two-thirds of the names submitted for some of the proposals were thrown out as invalid.^[2]

Michigan Emergency Manager Referendum officially back on the ballot: Following a contentious court battle, a narrow 4-3 vote by the Michigan Supreme Court on August 3 placed the referendum back on this fall’s ballot. According to reports, Justice Mary Beth Kelly, who wrote the controlling opinion, was the only justice who felt the font sizes were correct. Three other justices did not share that exact opinion but believed that “substantial compliance” with the law regarding the petition process was enough and voted to qualify the measure. The court’s remaining three justices felt that strict compliance with the law is necessary and voted to keep the issue off the ballot.^[3]

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

July 17, 2012

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Edited by Al Ortiz

As the summer months heat up, so do the ballot measure certifications. The second week of July saw three additional measures added to the ballot as more statewide questions continue to gush in to the Tuesday Count.

With most of the 2012 state legislative sessions adjourned for the year, it comes as no surprise that the trio of ballot measures this week come via the citizen initiative process in three different states. The addition of those ballot measures this week results in a current total of 146 certified proposals in 35 states across the country.

Starting in chronological order, in Maryland, a same-gender marriage referendum was placed on the ballot by the Maryland Secretary of State‘s office on July 10.

The measure is in response to the enactment of the Civil Marriage Protection Act on March 1, 2012, which will allow same-sex couples to obtain a civil marriage license in the state beginning on January 1, 2013. The referendum will allow voters to decide whether the law will be upheld.^[1][2][3]

Maryland is one of two states that allow for only the referendum process. The other is the state of New Mexico.

Then, on July 11 in Montana, a corporate contributions initiative, or Initiative 166, was approved for the ballot by the Montana Secretary of State. The measure, proposed by the group Stand with Montanans, would determine state policy on prohibiting corporate contributions and expenditures in Montana elections. The measure seeks to charge state lawmakers with furthering the state’s policy on the matter and ask congressional delegates to support efforts to overrule the Citizens United decision by amending the U.S. Constitution.

To gain ballot access for the November 2012 ballot, supporters needed to collect 24,337 valid signatures from registered voters. In addition, those signatures were required to be submitted by the June 22, 2012 petition drive deadline.

Finally, on July 13, an act to create a seven-person statewide cannabis commission to regulate the cultivation and sale of cannabis was granted a spot on the ballot.

In order to qualify for the ballot, supporters were required to collect a minimum of 87,213 valid signatures by July 6. The measure was part of seven initiatives to file signatures by the deadline in Oregon.

While these measures have had enough signatures counted and verified for ballot placement, it seems one measure’s organizers in Arkansas still have a bit of work to do.

Supporters of the proposed medical marijuana legalization question was allowed 30 additional days to circulate petitions after it was found by the Arkansas Secretary of State‘s office that not enough valid signatures were collected.

The measure would allow the use of marijuana by people who choose to use it for medical purposes. Those who choose to use it for medical purposes would be free from legal penalty.

The group behind the measure, Arkansans for Compassionate Care, have until August 13 to obtain the additional signatures needed.^[4]

[edit]Petition drive deadlines

Citizen initiative season is anything but over, as less than a month remains before Colorado petition drive organizers must submit signatures for their proposed measures to make the ballot. The petition drive deadline in the state is August 6.

Among the measures circulating for the ballot are:

• A Water Law Amendment - would implement a public trust doctrine to water in the state. This means that the doctrine would state that unappropriated water in natural streams is public property that is to be used by state residents.

• A “Personhood” Amendment - would define the term “person” in the state constitution as the start of biological development.

• A “Religious Freedom” Amendment - would mandate that the government can’t exclude expressions of religious belief from public places.

[edit]Quick hits

Referendum on redistricting in Maryland appears headed for ballot: According to reports, 56,342 signatures for the Maryland Redistricting Referendum has been verified by the state Board of Elections by Wednesday, July 11. Given that only 55,736 valid names are necessary to send the measure to the ballot, certification appears certain. With 2,000 signatures left to count however, the board has not yet officially qualified the measure.^[5]

Minnesota Secretary of State gives measure regarding voter ID new ballot title: Last week, shortly after the announcement of a lawsuit against him for renaming the Minnesota Same-Sex Marriage Amendment, Minnesota Secretary of State Mark Ritchie changed the ballot title of the Minnesota Voter Identification Amendment. Secretary Ritchie has changed the title from “Photo Identification Required for Voting,” to “Changes to In-Person & Absentee Voting & Voter Registration; Provisional Ballots.” Supporters of this amendment have also discussed filing a lawsuit over the change.^[6][7]

Double trouble as possible ballot measure litigation looms in Glendale, Arizona

Two proposed measures in Glendale, Arizona may be heading to court as supporters fight the city over the right for the proposals to appear on the November ballot.

The first of the proposed issues was a measure seeking to reverse the city council’s decision to increase the sales tax rate of 0.7 percent, did not obtain the required number of signatures to qualify for the ballot. The city stated that a sales tax approved by the city cannot be put to a vote because it legal for them to implement an increase without voter approval. The city also said that there were errors on the petition.^[8][9]

The second proposal was an attempt by residents to force a public vote on the city’s lease agreement with the National Hockey League’s Phoenix Coyotes professional team. The city said that the group turned in their petition three days late. Additionally, the petitions did not contain the required number of signatures or the all the appropriate information on the petition forms. Proponents argued that the number of signatures required for approval should be based on 2010 election information and not 2008 voter numbers.^[8][9]

Both groups have five days to decide whether to take their issues to court. However, supporters of the measure regarding the professional hockey team said, that while it is unclear if the issue will be taken to court, they would still fight against the deal by other means available to them.^[8][9]

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

The Vermont Constitution says that amendments can only be proposed once in a four-year period. When is the next time residents can vote on an amendment? Click here to find out!

BALLOT LAW UPDATE

Michigan Supreme Court schedules arguments for Emergency Manager Referendum case: Upon receiving an appeal by Citizens for Fiscal Responsibility of the ruling made by the Michigan Court of Appeals, the Michigan Supreme Court scheduled oral arguments for July 25. The court, however, has not actually granted the request for a repeal but instead will hear arguments on whether to grant the request or take other action. If the request is denied the question will automatically go to voters without further input from the courts.^[10]

Recount request filed for California Proposition 29: On Monday, July 9, Prop. 29 supporter John Maa filed a request for a recount in several Los Angeles County precincts. The request comes weeks after supporters of the proposition conceded defeat after a close outcome during the June 5 primary election. According to reports, the official “Yes on Proposition 29″ campaign group has denied involvement with the recount request. County Clerk Dean Logan says the recount will cost $5,700 for each day it takes, which could exceed one week.^[11]

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