By Zac Humphrey

LANSING, Michigan: In a 5-9 vote by the Michigan House of Representatives’ Health Policy committee, the creation of a state-based health exchange was defeated on Thursday.^[1]

Each state was given the deadline of December 14, 2012, to create their own exchange program. According to the Speaker of the House Jase Bolger (R), this issue will not be brought up again before that deadline.^[1]

Gov. Rick Snyder has said that he hoped the non-profit, online, state-based exchange would be set up before the end of the year, but with the committee’s recent vote this does not seem likely.^[1][2]

Tea party activists and the conservative Americans for Prosperity spoke to their opposition of Obamacare, the name that the Patient Protection and Affordable Care Act has come to be known. They claimed that for this reason, the state exchange should be opposed. They also made it clear that how representatives voted would be remembered.^[3][1]

Many doctors and hospitals were in favor of a state-run exchange, saying that it would be better for the state to have as much control over the exchange as possible. This echoed the sentiments of the governor.^[4]

This vote, however, does not stop the establishment of the health exchange in Michigan. The federal health care law provides that these health exchanges can either be a state-run, a federal-state partnership or a federally run program.^[2]

This matter is not closed, though. If the state wants to make the exchange state-run in the future, it has the ability to do so.^[1]

August 31, 2012

By Bailey Ludlam

JEFFERSON CITY, Missouri: Cole County Circuit Judge Daniel Green replaced the ballot language for Proposition E, a measure that would prohibit the establishment, creation, or operation of a health insurance exchange unless it is created by a legislative act, a ballot initiative, or veto referendum.

Judge Green agreed with Lt. Gov. Peter Kinder and other Republican officials, who argued that the prepared ballot summary was not “fair and sufficient.”^[1]

The late August ruling will not be challenged by Secretary of State Robin Carnahan, after Attorney General Chris Koster refused a request for further action.^[2]

In a press release, the secretary of state’s office said in part, “Although we strongly disagree with the decision by the Cole County Circuit Court, this office is not in a position to appeal the decision on its own. We are disappointed that Attorney General Koster has refused our request to file an appeal.”^[3]

Koster released his own statement saying, “Judge Greene’s summary more accurately reflects the legislative intent than does the Secretary’s proposed language. My job is to call balls and strikes in an impartial manner. The argument is over.”^[4]

The measure was referred to the ballot by the Missouri State Legislature during the 2012 legislative session. Proposition E, is also known as Senate Bill 464.

Original ballot text:

New ballot text:

By Al Ortiz

LOUISIANA and MAINE, United States: This week’s Ballot Measure Breakdown magnifies yet another state that did not have any measures on the ballot in 2009. The previous breakdown featured the states of Arkansas and Colorado, both with empty ballots for ballot measures two years ago. Now, we magnify the next two alphabetically-ordered states: Louisiana, absent of ballot measures in 2009, and Maine.

Both states have measures on the ballot that garnered much attention, with issues such as taxes, gambling and redistricting daring voters to make a decision.

Breakdown of 2011 ballot measures: Louisiana and Maine

While all measures in Louisiana are legislative referrals, Maine, an initiative and referendum state, will see three citizen initiatives out of four ballot proposals.

Overview

Magnifying the states

Louisiana

The election for five out of the six measures on the ballot in Louisiana is coming fast. The election is set for October 22, 2011, where residents will have a chance to vote on three state budget measures, one health care proposal and one tax question.

Amendment 1 would redirect Tobacco Settlement Proceeds to the TOPS (Taylor Opportunity Program for Students) scholarship program once the balance in the Millennium Trust reaches $1.38 billion. Amendment 2 would allow for a minimum of 10% of nonrecurring revenue to be applied toward the state retirement systems. The lone health care measure, Amendment 3, would authorize the Louisiana Legislature to establish a private custodial fund.

To read the last two measures that will be on the October ballot, click here.

Jumping to the November 19 statewide election, voters will get to decide on one constitutional amendment. Amendment 1 would prohibit levying new taxes or fees upon the sale or transfer of immovable property.

The 2011 legislative session began April 25 and convened on June 23. Of the approximately 31 proposals, only the above six were certified for ballot access.^[1]

All six proposals are legislatively-referred constitutional amendments. If 2/3rds of the members of both houses of the Louisiana State Legislature vote in the affirmative, a legislatively-referred constitutional amendment can be placed on a statewide ballot.
Impacts of 2011 measures:

• Louisiana TOPS Scholarship Program, Amendment 1 (October 2011) – Article VII, Section 10.8 and more
• Louisiana Public Retirement System, Amendment 2 (October 2011) – Article VII, Section 10 (D)(2)(b)
• Louisiana Patient’s Compensation Fund, Amendment 3 (October 2011) – Article XII, Section 16
• Louisiana Budget Stabilization Fund, Amendment 4 (October 2011) – Article VII, Section 10.3(C)(5)
• Louisiana Property Tax Sales, Amendment 5 (October 2011) – Article VII, Section 25A
• Louisiana Immovable Property Tax, Amendment 1 (2011) – Article VII, Section 2.3

Notable Quotes:

• Louisiana Governor Bobby Jindal stating support for October’s Amendment 1, dealing with the TOPS Scholarship Program:

“We have met with the Taylor Foundation over the last few weeks to discuss how we can continue to protect the program even during times of budget reductions. This amendment will be very important to protecting the future of the TOPS program because it constitutionally protects more TOPS dollars. Currently, about $15 million is protected through the TOPS Fund –and under this constitutional amendment – that will increase to about $58 million.”^[2]

• The News-Star’s editorial board stating opposition to October’s Amendment 1:

“The TOPS program is established in statute, and it is up to the Legislature to fund it each year. The governor opposed renewing the cigarette tax, calling it a tax increase. Funding for TOPS should be made available by the Legislature as money is available, and the Legislature should renew the cigarette tax statutorily and override a gubernatorial veto to maintain it.”^[3]

Looking ahead:

The Louisiana State Legislature is set to start legislative session on March 25, 2012, where legislative referrals can be placed on the 2012 ballot.

Maine

Maine voters are no strangers to seeing ballot measures in odd-numbered years. In the last decade, Maine saw ballot questions on each odd-numbered year’s ballot. More recently, the 2009 ballot was filled with 7 statewide proposals. In fact, Ballotpedia was even in the state two years ago reporting on the most notable 2009 measures.

Although 2011′s ballot is three questions smaller this time around, controversy continues to hover around the election. Two measures dealing with gambling have gained the most attention in the state, one relating to racinos, another regarding slot machines. Question 2 would allow a racino facility at a harness racing track in Biddeford and at a harness racing track in Washington County. Question 3 would allow a casino with table games and slot machines in Lewiston, Maine.

The other two questions on the ballot don’t exactly pale in comparison to the other two measures. Another controversial measure on the ballot, Question 1, was placed on the ballot by way of People’s Veto, a process in the state where voters decide on a piece of approved legislation by gathering signatures and placing it on the ballot. The measure would overturn a same-day election registration repeal signed by the governor on June 21, 2011. The veto effort was led by Engage Maine, which is directed by Ben Dudley, executive director. The law that the referendum is seeking to overturn is LD 1376.

Finally, Question 4 would would amend the Maine Constitution to change the years of redistricting the lawmaking body, congressional districts and county commissioner districts after 2013 from 2023 and every 10th years after that to 2021 and every 10th year after that.

Impacts of 2011 measures:

• Maine Same-Day Registration Veto Referendum, Question 1 (2011) – (Targeted law) LD 1376
• Maine Racino Initiative, Question 2 (2011) – MRSA §275-A, §1011, §1020
• Maine Slot Machine Facility Initiative, Question 3 (2011) – MRSA §1001, §1003, §1011 and more
• Maine Redistricting Measure, Question 4 (2011) – Maine Constitution (Sections not yet obtained)

Notable quotes:

• Edward McColl, the attorney for Scarborough Downs and for the Biddeford Downs project arguing for Question 2:

“I think the most important thing to keep in mind is that racinos have been a tremendous boon to harness racing everywhere they’ve been tried.”^[4]

• Dennis Bailey, president of the media relations firm Savvy Inc., and leader at the CasinosNO! advocacy group, writing his opposition against Question 2:

“…our major point still stands – now that the ballot question has been changed, voters will know that they are potentially voting for a racetrack casino in communities within 25 miles of Scarborough Downs, not just Biddeford. That’s important. What this episode really illustrates is that Maine now has such a confusing mishmash of laws and regulations regarding slot machines, casinos and racinos — most of them written by the proponents of these facilities — that it’s a wonder anyone really knows what we’re voting on. Our view is when in doubt, just say no.”^[5]

Looking ahead:

The following measure has been proposed for the Maine 2012 ballot:

• Maine Same-Sex Marriage Question (2012) – The measure would overturn a voter-approved 2009 ballot measure that banned same-sex marriage in the state.

Next week’s Breakdown: Mississippi and New Jersey

Last week’s Breakdown: Arkansas and Colorado

COLUMBUS, Ohio: It appears that the Ohio statewide ballot will feature a trifecta of ballot measures. Before the July 26, 2011 deadline could arrive, the Ohio Secretary of State certified the proposed health care amendment for the 2011 ballot, rounding out what appears to be the final ballot measure lineup.^[1]

Previously, supporters had until July 6, 2011 to collect the 385,245 signatures from registered voters that are required for an initiated constitutional amendment to obtain ballot access. This number represents 10% of the votes cast for governor in the most recent election. In addition, signatures must be gathered from 44 of Ohio’s 88 counties.

Reports confirmed that health care amendment supporters filed approximately 546,000 signatures by the petition drive deadline, more than the required number needed to make the ballot.

Originally the measure was proposed for the November 2, 2010 statewide ballot, however, days prior to the petition drive deadline supporters announced that they failed to collect sufficient signatures for 2010.

The two other measures set in stone for voters to decide are the Senate Bill 5 veto referendum and the judicial office age amendment, which would increase the maximum age a judge in the state could serve his or her position.

By Lauren Rodgers

Austin, TX: Yesterday, Texas Governor Rick Perry signed the health care compact bill into law, making Texas the fourth state to join the compact. Although legislation in Texas that has passed both houses does not need the signature of the governor in order to become law, Perry uses his signature as an extra endorsement of the work of the legislature on certain key issues. Health care is certainly one.

The health care compact transfers the responsibility and authority for regulating health care from the federal government to the individual member states. The introduction of this legislation is largely in response to President Obama’s controversial Patient Protection and Affordable Care Act (Obamacare).^[1] While the compact does not directly attempt to repeal the act, it effectively creates a “regulatory shield” for member states, rendering regulations contained in the Affordable Care Act ineffective in member states. The is intended to give member states primary responsibility for health care regulation, to ensure that relevant state laws supersede conflicting federal laws and regulations and to secure federal funding for states that choose to invoke their authority under the compact.^[2]

The language of the compact legislation is intentionally vague, allowing each member state to design health care programs to meet its particular needs. Governor Perry recognizes “Texas faces unique challenges when it comes to health care delivery,”^[3] and highlighted the savings, innovation, and improved health care he expects the legislation will spur.^[3] State Representative Lois Kolkhorst, the bill’s sponsor in the state house, echoed Perry’s sentiment, noting “Texans need a bigger say in how our health dollars are spent.”^[3]

In Missouri, Governor Jay Nixon allowed similar legislation to pass into law last Thursday.^[4] Like Perry, he views the compact as a way to ensure that every health care dollar is spent wisely and that everyone in his state has “access to quality, affordable medical care,” and reassured his constituents that “such flexibility can’t be at the expense of limiting access to health care funding.”^[5]

With the addition of these two states – and of Texas, in particular – support for the health care compact has gained tremendous momentum. Eric O’Keefe, of the Health Care Compact Alliance, a 501(c)(4) organization advocating for the adoption of the compact, lauded the actions of the governors and legislatures in both states for “taking the decision making power about health care out of the hands of Washington special interests and putting it back in the hands of the people.”^[5] He is hopeful that other states will soon follow suit, noting that a legislative override of Montana Governor Brian Schweitzer’s veto of the compact is a strong possiblity.^[5]

By Al Ortiz

COLUMBUS, Ohio: Ballot measure developments have been plentiful in Ohio. On June 29, supporters of the Senate Bill 5 veto referendum turned in a record 1.3 million signatures to the Ohio Secretary of State. Around the same time, the Ohio State Legislature sent a measure to the ballot that would increase the age of judicial office holders from 70 to 76.

Now, with the 2011 petition drive deadline arriving, supporters of the proposed health care amendment are planning to submit more than 500,000 signatures to get their proposal on the 2011 ballot, according to reports.

The measure calls for exempting residents of Ohio from national health care mandates which would stop any state law from forcing persons, employers or health care providers from participating in a health care system. It is being sponsored by The Ohio Project.^[1]

Supporters of any ballot proposal have until the end of the business day to submit their signatures to the Ohio Secretary of State’s office. Measures that are initiated constitutional amendment‘s, such as the health care initiative, must turn in at least 385,245 valid signatures.

Stay tuned for developments throughout the day in Ohio as supporters file their petitions!

By Al Ortiz

COLUMBUS, Ohio: A proposal that allows voters to exempt themselves from national health care mandates has fallen short in the Ohio House of Representatives by one vote. According to reports, the measure needed 60 votes in the chamber in order to make the ballot. The Ohio State Senate had previously voted to pass the measure, with a tally of 24 to 9 during the week of June 15, 2011. The Ohio State Legislature can propose amendments to the ballot, according to Article XVI, if 60% of the members of both chambers agree to it.^[1]

Specifically the measure would have stopped any federal or state law from forcing persons, employers or health care providers from participating in a health care system. However, a similar measure, a citizen initiative, is currently proposed for the 2011 ballot as well, and is gathering signatures for ballot placement.

A coalition of Tea Party groups and other groups announced on April 22, 2011 that it has collected more than 300,000 signatures. Supporters have until July 6, 2011 to collect the 385,245 signatures from registered voters that are required for an initiated constitutional amendment to obtain ballot access. This number represents 10% of the votes cast for governor in the most recent election. In addition, signatures must be gathered from 44 of Ohio’s 88 counties.

TOPEKA, Kansas: The Kansas House of Representatives passed a proposed health care amendment on February 11, 2011, sending the measure to the Kansas State Senate for a vote. The measure, which was first introduced in January 2010 to the state legislature, would exempt residents of Kansas from national mandates passed by the United States Congress that requires individuals to buy health care or mandate that employers provide it to their employees. In addition, the proposed amendment would guarantee that health care providers would receive direct payment from patients, and would be free of liability of fines and penalties.

However, uncertainty looms for the measure, as reports out of the state predict an unconquerable hurdle in the Senate. Senate President Stephen Morris stated, “My impression is that a majority of the people in the Senate would just as soon wait to see what happens in the judicial system, instead of us trying to gin up a constitutional amendment.”^[1]

COLUMBUS, Ohio: Ohio lawmakers are following the lead of states that voted on health care freedom amendments in 2010, as State Representative Ron Maag and other legislators will introduce a bill similar to its counterparts. According to Maag, “We introduced this legislation as a way of protecting the fundamental rights of Ohioans against bureaucratic power grabs.” The legislators announced on February 2, 2011 that they would introduce the amendment in legislative session. ^[1]

The Ohio State Legislature can send amendments to the statewide ballot, according to Article XVI, if 60% of the members of both chambers agree to it.

Originally the measure was proposed as an initiated constitutional amendment sponsored by the Ohio Liberty Council, and was proposed for the November 2, 2010 statewide ballot. However, days prior to the petition drive deadline supporters announced that they failed to collect sufficient signatures for 2010. ^{[2] [3] [4] [5]}

Touchstones of Democratic governance are on the table with the GOP in charge. What’s not on the table? The Governor’s good silver

By Eileen McGuire-Mahony

Republican Governors begin halting Obamacare in the wake of Court ruling

U.S. District Court Federal Judge Roger Vinson‘s finding that the federal health care reform law is unconstitutional has led to at least two states stopping efforts to implement the bill. Florida‘s Rick Scott shut down all aspects of the government healthcare program already in place, saying he wasn’t going to spend any more money until the law’s status was clear. ^[1] Wisconsin’s Attorney General, J.B. Van Hollen, advised his fellow Republican, Governor Scott Walker, that “the federal health care law is dead — unless and until it is revived by an appellate court”. ^[2] Some GOP Governors, like Georgia’s Nathan Deal, expressed an unwillingness to halt anything until a decision is final. Across the aisle, Democratic Governors were more likely to more pushing ahead with implementing the expansion of government’s medical role, with Peter Shumlin of Vermont insisting he will continue “full speed ahead” until a Court stops him.

Getting serious about deficits, new governors are facing off with unions

Iowa, Ohio, and Wisconsin have a few things in common. All three ousted a Democratic governor in 2010 and chose a Republican to take over. And all three could be changing much more. If Governors Terry E. Branstad, John Kasich, and Scott Walker have their way, the strength of unions among government workers could be substantially weakened. The three men number among politicians who campaigned on cutting generous pay and benefits for state workers, dual sources of envy and economic pain for voters. The states they govern stand out among the Midwest for relatively high rates of public sector unionization.^[3] Union strength is still in decline nationally, but private sector unions have absorbed most of that drop. Their state employed counterparts still have about 36% representation and take home paychecks that Republicans argue are unsustainable. However, if early skirmishes are any sign, curtailing union influence is going to be a hard fought war.

Republicans in several states are spearheading attacks on public school tenure

Perhaps emboldened by November’s wins, five governors, Nevada‘s Brian Sandoval, Indiana‘s Mitch Daniels, New Jersey‘s Chris Christie, Florida‘s Rick Scott, and Idaho‘s Butch Otter, are taking on one of American public policy’s oldest sacred cows – tenure for public school teachers. The near impossibility of firing a tenured teacher, regardless of conduct or poor performance, and abysmal academic numbers from students, have rankled GOP politicians for years. Tenure was an early 20th century policy, meant to protect educators from falling prey to sexism and racism, or from being forced out to accommodate a political bosses’ crony. Over time, it has evolved into what critics say is a job for life after only a few years. ^[4]

Governor Sandoval of Nevada pointed to his state’s last place ranking in high school graduation. Rick Scott, Florida’s new firebrand, flatly told press, “Good teachers know they don’t need tenure”, a clear signal to teacher’s unions who effectively killed an anti-tenure bill last year. Idaho also plans to phase out tenure while Indiana is espousing a gentler law, one which would keep tenure but strip away many associated guarantees. Teachers’ unions were undeniably upset, worrying the highly paid teachers will be fired without cause and blaming governors for trying to fire state employers instead of concentrating on hiring better teachers in the first place.

Sous Chef to the Governor of Pennsylvania may be getting used to prison food

With the economy what it is, voters haven’t been looking kindly at governors who maintain private staffs. Now, governors themselves may have pause. Michael Yancy, who spent eight years as the second in charge of the gubernatorial kitchen while Ed Rendell was in office, has been arraigned for allegedly stealing some 100 pieces of sterling silver from the Governor’s mansion.^[5] Police believe Mr. Yancy took advantage of the chaos as the mansion transitioned from the Rendell Administration to that of his successor, Republican Tom Corbett, to steal $15,000 worth of silverware. A Lebanon pawn shop owner turned him in when he came in for the ninth time trying to sell silver pieces; many of the allegedly stolen items were defaced to remove the “Executive Mansion” stamp. Mr. Yancy is on unpaid administrative leave from his job while police investigate.