San Antonio, Texas, Proposition A, Law Enforcement on Abortion, Marijuana, and Police Actions Charter Amendment (May 2023)
| San Antonio Proposition A | |
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| Election date |
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| Topic Local abortion |
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| Type Initiative |
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San Antonio Proposition A was on the ballot as an initiative in San Antonio on May 6, 2023. It was defeated.
A "yes" vote supported:
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A "no" vote opposed this initiative to establish a justice director, prohibit police from issuing citations or making arrests for certain misdemeanor marijuana possession offenses, prohibit police from enforcing criminal abortion laws, and change policing practices. |
The measure needed a simple majority vote to pass.
Election results
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San Antonio Proposition A |
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| Result | Votes | Percentage | ||
| Yes | 40,237 | 28.37% | ||
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101,590 | 71.63% | ||
Overview
What would this charter amendment have done?
The amendment would have established a city justice director, who would have been responsible for effectuating the goals of the charter amendment. Under the amendment, San Antonio police officers would have been prohibited from issuing or making arrests for Class A or Class B misdemeanor possession of marijuana offenses, except for certain circumstances. San Antonio police officers would also have been prohibited from investigating, making arrests, or enforcing any state law that criminalizes abortion. Exceptions would have existed in cases of coercion or force against the pregnant individual, or in cases involving criminally negligent conduct to the health of the pregnant individual.[1]
The amendment would have also made changes to law enforcement policies. Under this measure, San Antonio police officers would no longer have been able to obtain a no-knock search warrant, and would not have been able to gain forcible entry into a premises unless there was a credible threat to human life. The use of chokeholds or neck restraints would also have been banned under the amendment.[1]
What are the campaigns surrounding this measure?
SA Justice Charter PAC led the campaign in support of the initiative. Organizers with Act4SA and Ground Game Texas also supported the initiative and submitted signatures for the ballot.[2]
Protect SA, Better SA and the San Antonio SAFE PAC led the campaign in opposition to the initiative.[3]
What are the arguments in support and opposition to this measure?
In support of the amendment, Act4SA said, "Why do we need this? 1. Makes our city safer: reduces burden on officers, prevents unnecessary arrests for nonviolent low level crimes, reduces re-offender rate, pushes police accountability and transparency, fights mass incarceration and deportation 2. Lower city liabilities on police abuse cases 3. Saving valuable tax dollars 4. Direct democracy in action - will get people excited to vote 5. Will save scarce city resources as we climb closer to our 66% ceiling for public safety spending. 6. Will save lives."[4]
In opposition to the amendment, the San Antonio Police Officers Association said, "The SA Justice Charter initiative is proposing several reforms that will only hinder the effective policing in place today … The initiative would like to appoint a Justice Director to oversee city policing, but prohibits them to have any law enforcement background? How are we saving scarce City resources by creating a new position for an individual with limited to no prior experience doing so?... Secondly, a Cite and Release policy is already in place for misdemeanors, however this Charter wants to expand the policy even further. Expanding this policy will encourage repeat offenses for vandalism, shoplifting and theft of services which will in turn destroy tourism, harm honest businesses and eliminate jobs."[5]
How did this measure get on the ballot?
Organizers with the Act4SA submitted 37,000 signatures to city officials. On Feb. 8, 2023, city officials announced that 20,973 signatures were valid and that the initiative had qualified for the ballot. The San Antonio City Council voted to place the measure on the May 6, 2023 ballot on Feb. 16, 2023.[6]
Measure design
The initiative would have established a justice director, which would have had a "three-part mandate of reducing the city’s contribution to mass incarceration, mitigating racist and discriminatory law enforcement practices, and saving scarce public resources for greater public needs."[1]
The initiative would have prohibited San Antonio police officers from issuing citations or making arrests for Class A[7] or Class B[8] misdemeanor possession of marijuana offenses, except for certain circumstances, including the investigation of a felony level narcotics case that has been designated as a high priority investigation, or the investigation of a violent felony.[1]
Under this measure, the San Antonio police department would have been prohibited from investigating, making arrests, or enforcing any state law that criminalizes abortion. Exceptions would have existed in cases of coercion or force against the pregnant individual, or in cases involving criminally negligent conduct to the health of the pregnant individual.[1]
The initiative would have provided that San Antonio police officers could not obtain a no-knock search warrant, and would not be able to gain forcible entry into a premises unless there is a credible threat to human life. All officers would have had to be equipped with video and recording devices under this measure. Law enforcement officers executing a search warrant would not have been able to use explosive devices, such as grenades or firearms, unless the use of these devices was necessary to protect human life. Law enforcement officers would also have to avoid the destruction of property and utilize the least intrusive tactics possible. Under this measure, property or money would not have been able to be seized during the course of the search unless an arrest is made, and these assets would have to be returned immediately to the arrestee if they are not convicted.[1]
The measure was designed to ban the use of a chokehold or neck restraint by San Antonio police officers.[1]
Text of measure
Ballot title
The ballot title for Proposition A was as follows:
| “ | Shall the City Charter be amended to include a justice policy under which the City of San Antonio will “use its available resources and authority to accomplish three goals of paramount importance: first, to reduce the city’s contribution to mass incarceration; second, to mitigate racially discriminatory law enforcement practices; and third, to save scarce public resources for greater public needs” and to “reduce unnecessary arrests and save scarce public resources through a comprehensive set of reforms”, including: ending enforcement of low-level marijuana possession by prohibiting police officers from issuing citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses, except in limited circumstances; prohibiting the enforcement of abortion crimes to promote the reproductive health, safety, and privacy of all City residents and stating that police officers shall not investigate, make arrests, or otherwise enforce any alleged criminal abortion, except in limited circumstances; banning no-knock warrants by stating that police officers shall not obtain a “no-knock” search warrant, nor shall they participate in serving a “no-knock” search warrant with other law enforcement agencies and creating additional policies concerning the issuing of warrants; banning chokeholds with no exceptions; requiring police officers to issue citations instead of making arrests for low-level nonviolent crimes defined as Possession of Controlled Substance less than 4 oz, Penalty Group 2-A (synthetic cannabinoids), Class A or B misdemeanor under Texas Health and Safety Code §§ 481.1161(b)(1) & (2), Driving while License Invalid, Class A or B misdemeanor under Texas Transportation Code § 521.457, Theft of Property less than $750, Class B misdemeanor under Texas Penal Code § 31.03(e)(2)(A), Theft of Service less than $750, Class B misdemeanor under Texas Penal Code § 31.04(e)(2), Contraband in a Correctional Facility, Class B misdemeanor under Texas Penal Code § 38.114(c), Graffiti, with damage less than $2500, Class A or B misdemeanor under Texas Penal Code § 28.08(b)(2) & (3), Criminal Mischief with damage less than $750, Class B misdemeanor under Texas Penal Code § 28.03(b)(2), and all Class C misdemeanors, except Class C Public Intoxication, which shall be addressed in accordance with Texas Code of Criminal Procedure Section 14.031; and requiring the San Antonio City Council to appoint and provide resources to a Justice Director, with no previous experience in law enforcement, who will be charged with fulfilling the justice policy by providing a justice impact statement before any City Council vote affecting the justice policy and meeting quarterly with community stakeholders to discuss the development of policies, procedures and practices related to the justice policy in open meetings? | ” |
Full Text
The full text of this measure is available here.
Support
SA Justice Charter PAC led the campaign in support of the initiative.[9]
Supporters
Officials
- U.S. Rep. Greg Casar (D)
- Councilmember Jalen McKee-Rodriguez (Nonpartisan)
Political Parties
Unions
Organizations
- Act4SA
- Ground Game Texas
- Immigrant Legal Resource Center
- Move Texas
- Party for Socialism
- Planned Parenthood Texas Votes
- SA Stands
- San Antonio Democratic Socialists of America
- Texas Organizing Project
Arguments
Opposition
Protect SA, Better SA, and the San Antonio SAFE PAC led the campaign in opposition to the initiative.[10][11][12]
Opponents
Officials
- U.S. Rep. Tony Gonzales (R)
- State Rep. John Lujan (R)
- Mayor Ron Nirenberg
- Councilmember Manny Pelaez (Nonpartisan)
Political Parties
Unions
Organizations
- Responsible Government Coalition
- San Antonio Chamber of Commerce
- Texas Alliance For Life
- The Association of Convenience Store Retailers
Arguments
Background
Texas Constitution regarding charter amendments
Article XI, Section 5 of the Texas Constitution provided for cities of more than 5,000 people the ability to amend their city charter by a majority of qualified voters of that city. Under the Texas Constitution as of 2023, the charter could not contain any provision that is inconsistent with the Texas Constitution or of the laws enacted by the Texas state legislature.[13]
Texas abortion law
As of April 2023, abortion was illegal in Texas under most circumstances, except for an instance of a life-threatening emergency to the pregnant individual. Following the Dobbs v. Jackson Women’s Health Organization U.S. Supreme Court ruling, the court found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pa. v. Casey (1992). This decision allowed a Texas trigger law to come into effect on Aug.25, 2022. Chapter 170A of the Texas Health & Safety Code was enacted by House Bill 1280, which was passed in 2021. Chapter 170A prohibited all abortions, with exceptions to a life-threatening emergency of the pregnant individual.[14]
Texas marijuana law
As of April 2023, the use of recreational marijuana was illegal in Texas. Section 481 of the Texas Health and Safety Code provided that the possession or the delivery of marijuana was a criminal offense of varying severity depending on the amount of marijuana possessed. It also provided that delivery of a controlled substance, including marijuana, to a minor was a felony in the second degree.[15]
Path to the ballot
In San Antonio, citizens can place a ballot measure on the ballot through an indirect initiative petition signed by at least 10% of the city's qualified voters as of the last regular election. The petition is then voted on by the city council. The required number of signatures was 20,000.[16]
- Sponsors of the amendment submitted 37,000 signatures. On February 8, 2023, city officials announced that 20,973 signatures were valid and that the initiative had qualified for the ballot.[17]
- On February 8, 2023, city officials announced that 20,973 signatures were verified.[6]
- On February 16, 2023, the San Antonio City Council voted to place the measure on the May 6, 2023, ballot.[18]
Lawsuit
This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at editor@ballotpedia.org.
| Lawsuit overview | |
| Issue: Does the measure contain more than one subject, and should it be broken up on the ballot? | |
| Court: Texas Supreme Court | |
| Ruling: Charter amendment would remain as one ballot item | |
| Plaintiff(s): Maria Teresa Ramirez Morris, and Texas Alliance for Life, Inc. | Defendant(s): Ms. Debbie Racca-Sittre, in her official capacity as San Antonio City Clerk, and City of San Antonio City Council |
Source: Texas Courts
On February 9, 2023, the Texas Alliance for Life filed a lawsuit against the San Antonio City Clerk and the San Antonio City Council, saying that the proposed charter amendment violates the Texas Local Government Code, which prohibits multiple-subject charter amendments. [19]
The plaintiffs amended the initial petition to state that the city council did not issue an order at least 78 days prior to the election, as is required by Texas law, and asked to reschedule the election. On March 17, 2023, the Texas Supreme Court ruled in a 6-3 decision that the San Antonio Justice Charter would remain as one ballot item. Justice Jane Bland wrote: "Adhering to our longstanding commitment to avoid undue interference with elections, we deny relief. Sufficient post-election remedies exist that permit the voter to challenge any infirmity in the proposed amendment and its placement on the ballot—after the voters have had their say."[20]
How to cast a vote
- See also: Voting in Texas
See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Google Drive, "Copy of San Antonio Justice Charter," accessed January 26, 2023
- ↑ San Antonio Justice Charter, "Homepage," accessed April 22, 2023
- ↑ Protect SA, "Homepage," accessed April 22, 2023
- ↑ Act4SA, "San Antonio Justice Charter," accessed April 22, 2023
- ↑ San Antonio Police Officers Association, "President Statement," accessed April 22, 2023
- ↑ 6.0 6.1 Axios, "San Antonio to vote on decriminalizing abortion," February 9, 2023
- ↑ In San Antonio, a Class A misdemeanor was punishable by up to one year in jail, and up to a $4,000.00 fine, as of 2023. Bexar.org, "Misdemeanor Trial Division," accessed April 2, 2023
- ↑ In San Antonio, a Class B Misdemeanor was punishable by up to 180 days in jail, and up to a $2,000.00 fine, as of 2023. Bexar.org, "Misdemeanor Trial Division," accessed April 2, 2023
- ↑ SA Justice Charter PAC, "Homepage," accessed April 3, 2023
- ↑ Protect SA, "Homepage," accessed April 3, 2023
- ↑ Better SA, "Homepage," accessed April 3, 2023
- ↑ San Antonio Report, "As the battle over Prop A heats up, here’s a look at the groups trying to sway voters," April 3, 2023
- ↑ TLC.Texas.gov, "Texas Constitution," accessed April 22, 2023
- ↑ Texas Health and Safety Code, "Chapter 170A," accessed April 22, 2023
- ↑ Texas State Law Library, "Cannabis and the Law," accessed April 22, 2023
- ↑ SanAntonio.gov, "Charter Amendments," accessed April 2, 2023
- ↑ Axios, "Abortion, marijuana reform could be on S.A. ballot," January 10, 2023
- ↑ Texas Public Radio, "City Council places Justice Charter on May municipal ballot, fulfilling state legal obligation," February 16, 2023
- ↑ Texas Alliance for Life, "EMERGENCY PETITION FOR WRIT OF MANDAMUS," February 9, 2023
- ↑ TexasCourts.gov, "In re Maria Teresa Ramirez Morris, and Texas Alliance for Life, Inc.," March 17, 2023
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 24.0 24.1 24.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 33.0 33.1 33.2 33.3 33.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
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