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The Tuesday Count: Ballot certifications for 2013 and beyond

Edited by Brittany Clingen

Tuesday Count Lineup:

5 certifications
5 measures for 2013

Topics featured in this report

Certifications(News)
Abortion(2014 watch)
Petition Requirements(Ballot law)

This week, there are five new certifications to report: two for 2013, two for 2014 and one for 2016. In Colorado, the legislature approved HB 1318. As a result of this bill's passage, two legislatively-referred state statutes will appear on the ballot in the general election on November 5, 2013. One, the Colorado Marijuana Excise Tax, would implement a 15% excise tax on all marijuana sales within the state, if voters choose to approve the measure in November. The revenue from this excise tax would be put toward school construction projects. The other, the Colorado Marijuana Sales Tax, if approved, would enact a 10% sales tax on marijuana. This would be in addition to the existing 2.9% state sales tax and any additional local taxes. The revenue from the sales tax would be used to oversee and regulate the retail marijuana business in the state.^[1]

The legislature in Missouri has passed HJR 11, and, as a result, voters will decide whether or not the Missouri Right-to-Farm Amendment, which would explicitly detail the rights of farmers and ranchers to partake in their livelihoods and provide food for others, should be included in the state constitution. This legislatively-referred constitutional amendment will appear on the ballot in the general election on November 4, 2014. The Missouri Cattlemen's Association and other agricultural groups have expressed support for the amendment. However, Sen. Rob Schaaf has expressed concerns over the public's safety if the amendment is adopted, saying that this could lead to a situation in which it is more difficult for state regulators to control super-food poisoning bugs created as a result of feeding antibiotics to livestock.^[2]^[3]

Another 2014 certification has been confirmed in Arizona. The legislature approved SCR1016, thereby landing a legislatively-referred constitutional amendment on the ballot for the general election on November 4, 2014. If passed by voters, this amendment would create a direct mechanism by which the use of state personnel and financial resources are guaranteed to be employed only for purposes that are congruent with the Constitution.^[4] This state sovereignty measure comes on the heels of a defeated amendment that would have granted sovereignty over Arizona's natural resources based on "equal footing." This measure was rejected by 67.7% of the voters.^[5]

Finally, Minnesota is the first state to certify a ballot measure for the general election on November 8, 2016. The Minnesota Legislative Pay Council Amendment will give voters the opportunity to decide whether or not members of the state legislature should have their pay determined by an outside board. If this measure is approved, a special council will be created and tasked specifically with determining the pay of lawmakers. The council would determine new salary rates every two years. Presently, Minnesota legislators haven't received a raise since 1999.^[6]

Updated: Los Angeles voters decide on ballot measures, mayors and school boards

By Ballotpedia staff

Update 9pm PT: Polls are closed and results are rolling in. Los Angeles Unified School District results below.

SACRAMENTO, California: Election day is here for City of Los Angeles voters. May 21st marks the sixth date in 2013 when local ballot measure elections are scheduled to take place in California. Polls open at 7 am and close at 8 pm PT. Today voters will decide on ballot measures, mayors and school boards. Below are quick links to each of those issues.

Three seats on the board of the Los Angeles Unified School District are up for election in 2013, covering Districts 2, 4 and 6. Incumbents Mónica García and Steve Zimmer won Districts 2 and 4. District 6, however, remained pending following the March 5 elections.

Incumbent Nury Martinez did not run for re-election in District 6, campaigning instead for the District 6 seat on the Los Angeles City Council. Antonio Sanchez and Monica Ratliff emerged as the top two candidates in the March 5 elections. Both will face-off in today's elections. In the March primary, 44% of voters voted for Sanchez, while 34% selected Ratliff. Through May 15, 2013, a total of $244,298.17 has been contributed to all direct candidate campaign committees in 2013 school board elections. An additional $2 million had been spent via independent expenditure; all independent expenditures were spent on behalf of just one District 6 candidate, Antonio Sanchez. Click here for more campaign finance details.

Check here for election results as they emerge.

Arkansas treasurer Martha Shoffner arrested on extortion charges

By Maresa Strano

Little Rock, Arkansas: On May 17, 2013, second term Arkansas Treasurer Martha Ann Shoffner (D) was arrested by the Federal Bureau of Investigation for "extortion under color of official right."^[7] The arrest, which was made without a formal indictment, was the result of an investigation into Shoffner's handling of state investments in her capacity as treasurer, as well as allegations she had broken state election laws governing campaign contributions. The federal investigation revealed that she had accepted multiple $6,000 cash payments from a "broker who invested state money" in violation of the Hobbs Act.^[8] An affidavit filed the Monday following her arrest has Shoffner admitting it had been wrong to accept the cash, that "was sometimes rolled up and hidden in a pie box," according to the filing^[9] At the federal court hearing, held that Monday, Shoffner declined to enter a plea, and was released from Pulaski County Jail "on her own recognizance." However, her attorney indicated that Shoffner planned to plea not guilty at a later date, the Associated Press reported.^[9] News of Shoffner's extortion charge and arrest led many state officials and party leaders, including Democratic attorney general Dustin McDaniel and state Republican Party Chairman Doyle Webb, to call for her immediate resignation. Shoffner informed reporters that she does not intend to step down.^[7]

Federal authorities launched the criminal probe into Shoffner's office and campaign finances after legislative auditors uncovered that in 2011, the first year of her second term, Shoffner's office had cost the state nearly $60,000, among other suspicious statistics that pointed to possible misconduct. The audit determined that under her leadership, the office had "blocked the state from earning more than $400,000" by improperly handling the sale and investment of state bonds.^[7] After the unflattering audit report, Shoffner told the press, "I know the buck stops with me and I'm going to have to take responsibility and I want to take responsibility...I just don't want this to happen again in the future."^[10]

State Legislative Tracker: More controversy in New York

Edited by Joel Williams
This week's tracker takes a look at more controversy in the New York State Legislature and some interesting legislation.

2013 Convention review: Obenshain and Jackson join Cuccinelli on GOP statewide ticket

By Maresa Strano

RICHMOND, Virginia: The Republican Party of Virginia held a closed primary convention this past weekend to nominate its candidates for the three state executive offices up for election this year: governor, lt. governor and attorney general. All three positions are occupied by Republicans, and none are seeking re-election to their current posts. Term-limited Governor Bob McDonnell cannot run, and incumbent state attorney general Ken Cuccinelli is hoping to take over for him as Virginia's chief executive officer.

At the convention, Cuccinelli, a leader whose decisively conservative stances on federal health care reform, climate change and abortion have made him popular with right-wing activists, confirmed his virtually guaranteed place on the 2013 general election ballot, having been the only member of his party to file for governor,^[11]. By contrast, the lieutenant governor and attorney general primary fields both drew primary contests. Seven candidates filed for retiring Lt. Gov Bill Bolling’s seat, while two entered the race to replace Cuccinelli as attorney general. On May 17-18, delegates voted to advance E.W. Jackson for lt. governor, and Mark Obenshain for attorney general.^[12]

Jackson's win Saturday marked the first time since Maurice Dawkins' nomination a quarter of a century ago that Virginia Republicans nominated an African-American for statewide office.^[13] A minister at a non-denominational church and relatively new member of the Republican Party, Jackson edged out six opponents by emphasizing his commitment to hallmark conservative issues such as smaller government, Second Amendment rights and traditional family values. He appealed to the delegation with the promise, "We will not only win an election in November, we will open the hearts and minds of our people and save this commonwealth and save this country."^[14]

State Sen. Mark Obenshain defeated state Rep. Rob Bell, a fellow "strong fiscal and social conservative"^[15], for the party's nomination for attorney general. Obenshain's late father, GOP politician Richard Obenshain, died in a plane crash during his 1978 campaign for U.S. Senate. Known for his work on voter-ID laws in the Virginia Senate, Obenshain's attorney general platform has so far highlighted other popular Republican causes like combating "federal overreach", namely the implementation of the Affordable Care Act^[16], as well as coordinating with the state legislature on stricter law enforcement policies targeting drug and sex criminals.^[17]

The Democratic candidates for governor, lt. governor and attorney general will compete in the taxpayer funded primary election on June 11, 2013. The winners will square off against the Republican convention nominees in the general election taking place November 5, 2013.

Here is a complete list of candidates who competed in the May 17-18 Republican primary convention:

Governor: