Ballot Law Update: 2013 Year in Review

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December 11, 2013

By Brittany Clingen

In 2013, 207 laws were proposed in 37 states that affected the initiative and referendum process, according to the National Conference of State Legislatures. In contrast, a total of 68 laws in 21 states were proposed in 2012, while 254 laws were proposed in 41 states throughout 2011.[1]

Many legislative sessions ended earlier in 2012. As a result, 2011 and 2013 had significantly more laws proposed and approved. Of the 207 laws introduced, 30 were passed, 91 failed, 20 were carried over to the next session, and 66 are still pending. Of the 30 that were passed, 13 specifically address signature and petition circulator laws.

The Ballot Law Update is released on the last Wednesday of each month. The first update for 2013 will be released on January 29, 2014. Watch for the Tuesday Count for weekly ballot law news.

Ballot Law Update: 2013 Year in Review

Three of 2013's most contentious measures faced legal challenges at different points throughout their life cycles. Below is a list of lawsuits that were either levied against or had a peripheral impact on three of 2013's 31 total statewide measures.

Legal challenges in 2013

[edit]

Portal:Ballot Measure Law
NOTE: The following tab shows a list of lawsuits, by state, that were filed against statewide ballot measures aiming for the 2013 ballot. Click the "show" link to read about specifics of a particular lawsuit.

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)




New York

New York Casino Gambling Amendment, Proposal 1 (2013)



Washington

Washington Mandatory Labeling of Genetically Engineered Food Measure, Initiative 522 (2013)


NOTE: Each lawsuit against proposed 2013 ballot measures includes a basis, or reason, as to why plaintiffs filed the lawsuit. For example, a reason for a filed lawsuit, or "topic," could include arguments that a measure's ballot text is insufficient.

Ballot text

New York

New York Casino Gambling Amendment, Proposal 1 (2013)


Campaign contributions

Washington

Washington Mandatory Labeling of Genetically Engineered Food Measure, Initiative 522 (2013)


Labor Practices

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


Motivation of sponsors

New York

New York Casino Gambling Amendment, Proposal 1 (2013)


Signature challenges

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


Other

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


NOTE: The following tab shows a list of lawsuits, by state, that were filed in 2013 against past ballot measures.

California

Measure B (condoms)

Kayden Kross, a co-plaintiff in the federal lawsuit to overturn Measure B

A federal lawsuit was filed with the United States District Court for the Central District of California on January 11, 2013 that seeks to have the federal court overturn Measure B, the Los Angeles Porn Actors Required to Wear Condoms Act. The lawsuit was filed by porn production company Vivid Entertainment. Porn stars Kayden Kross and Logan Pierce joined the lawsuit as plaintiffs.[27]

Paul Cambria is the lead attorney for the plaintiffs. He said, "You don’t have to win an Oscar to be protected by the First Amendment."

The lawsuit says that Measure B should be overturned for several reasons. Those reasons include:

  • It violates the First Amendment by imposing an unconstitutional prior restraint on freedom of expression.
  • It attempts to regulate an area (public health) which should exclusively be regulated by state law.

The AIDS Healthcare Foundation, which sponsored Measure B, expressed confidence that the lawsuit would fail. Tom Myers, an attorney for the group, said, "Despite what the adult industry’s lawyers are claiming in this lawsuit, Measure B is not directed at speech and as such their First Amendment claims will likely ring hollow with the court."[27]

Measure L (parcel tax)

A lawsuit was filed against Measure L, the San Leandro Unified School District parcel tax enacted in November 2012 in January 2013 on grounds similar to those in Borikas v. Alameda Unified School District.[54]

Lawsuits were also filed in January 2013 against:

All the lawsuits were filed by David Brillant, the Walnut Creek attorney who successfully argued Borikas.[55]


References

  1. NCSL: National Conference of State Legislatures, "Initiative & Referendum Database," accessed December 11, 2013
  2. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  3. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  4. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  5. Cite error: Invalid <ref> tag; no text was provided for refs named Court
  6. 6.0 6.1 6.2 6.3 6.4 6.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  7. Cite error: Invalid <ref> tag; no text was provided for refs named SignatureLawsuit
  8. Cite error: Invalid <ref> tag; no text was provided for refs named Ruling
  9. 9.0 9.1 the Denver Post, "Carroll: The threat hanging over Colorado's Amendment 66," September 24, 2013
  10. Colorado Department of Education, Overview of Senate Bill 10-191
  11. Cite error: Invalid <ref> tag; no text was provided for refs named ArticleCEA
  12. 12.0 12.1 Daily Camera, "Yes on Amendment 66," October 13, 2013
  13. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  14. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  15. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  16. Cite error: Invalid <ref> tag; no text was provided for refs named lawsuit3
  17. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  18. 18.0 18.1 New York Post, “Casino question is skewed up: group”, October 11, 2013
  19. Cite error: Invalid <ref> tag; no text was provided for refs named loaded
  20. 20.0 20.1 Supreme Court of the State of New York, "Decision, Order & Judgement," accessed October 16, 2013
  21. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  22. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  23. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  24. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  25. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  26. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  27. 27.0 27.1 27.2 27.3 27.4 27.5 The Olympian, "GMO fight: Attorney General sues to force No on 522 donor to reveal sources of its $7.2 million contribution," October 16, 2013
  28. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  29. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  30. 30.0 30.1 30.2 30.3 Seattle PI, "Faced with lawsuit, Grocery Manufacturers Association agrees to disclose campaign finances," October 18, 2013
  31. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  32. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  33. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  34. 34.0 34.1 34.2 34.3 Seattle Post-Intelligencer, “AG: More violations in No on 522 money”, October 30, 2013
  35. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  36. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  37. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  38. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  39. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  40. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  41. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  42. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  43. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  44. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  45. Colorado Department of Education, Overview of Senate Bill 10-191
  46. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  47. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  48. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  49. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  50. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  51. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  52. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  53. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  54. San Leandro Patch, "Lawsuit Challenges Measure L, San Leandro's 'Split Roll' School Parcel Tax," January 28, 2013
  55. 55.0 55.1 Contra Costa Tiimes, "San Leandro, West Contra Costa schools and others sued over parcel taxes," February 1, 2013


See also

References

  1. NCSL: National Conference of State Legislatures, "Initiative & Referendum Database," accessed December 11, 2013
  2. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  3. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  4. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  5. Cite error: Invalid <ref> tag; no text was provided for refs named Court
  6. 6.0 6.1 6.2 6.3 6.4 6.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  7. Cite error: Invalid <ref> tag; no text was provided for refs named SignatureLawsuit
  8. Cite error: Invalid <ref> tag; no text was provided for refs named Ruling
  9. 9.0 9.1 the Denver Post, "Carroll: The threat hanging over Colorado's Amendment 66," September 24, 2013
  10. Colorado Department of Education, Overview of Senate Bill 10-191
  11. Cite error: Invalid <ref> tag; no text was provided for refs named ArticleCEA
  12. 12.0 12.1 Daily Camera, "Yes on Amendment 66," October 13, 2013
  13. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  14. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  15. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  16. Cite error: Invalid <ref> tag; no text was provided for refs named lawsuit3
  17. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  18. 18.0 18.1 New York Post, “Casino question is skewed up: group”, October 11, 2013
  19. Cite error: Invalid <ref> tag; no text was provided for refs named loaded
  20. 20.0 20.1 Supreme Court of the State of New York, "Decision, Order & Judgement," accessed October 16, 2013
  21. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  22. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  23. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  24. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  25. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  26. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  27. 27.0 27.1 27.2 27.3 27.4 27.5 The Olympian, "GMO fight: Attorney General sues to force No on 522 donor to reveal sources of its $7.2 million contribution," October 16, 2013
  28. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  29. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  30. 30.0 30.1 30.2 30.3 Seattle PI, "Faced with lawsuit, Grocery Manufacturers Association agrees to disclose campaign finances," October 18, 2013
  31. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  32. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  33. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  34. 34.0 34.1 34.2 34.3 Seattle Post-Intelligencer, “AG: More violations in No on 522 money”, October 30, 2013
  35. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  36. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  37. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  38. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  39. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  40. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  41. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  42. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  43. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  44. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  45. Colorado Department of Education, Overview of Senate Bill 10-191
  46. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  47. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  48. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  49. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  50. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  51. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  52. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  53. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  54. San Leandro Patch, "Lawsuit Challenges Measure L, San Leandro's 'Split Roll' School Parcel Tax," January 28, 2013
  55. 55.0 55.1 Contra Costa Tiimes, "San Leandro, West Contra Costa schools and others sued over parcel taxes," February 1, 2013