State Ballot Measure Monthly: 2018 Ballot Measures Finalized (September 2018)

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September 12, 2018

By Ballot Measures Project staff

Voters in 38 states will decide 154 statewide ballot measures in November. Since August 23, 10 new statewide measures were certified to go before voters in 2018, and four measures were removed from the ballot by court rulings. Two additional measures in Florida (Amendment 6) and Washington (Initiative 1639) were put back on the ballot by state supreme court rulings after being removed by lower court decisions. This resulted in a net increase of seven in the number of statewide measures set to go before voters.

A total of 166 statewide ballot measures were certified for 2018 ballots, but 12 were decided at pre-November elections.

The last of the pending potential measures were either put on the ballot, failed to qualify, or were approved directly by the state legislature in Michigan through the state's indirect initiative process. This means the ballot measures for November are final, pending several ongoing court cases.

HIGHLIGHTS
  • Ballot measures are finalized in all states for November 2018, pending several ongoing court cases.
  • Of the 154 measures on the ballot in November, 65 are citizen-initiated measures.
  • Notable trends for 2018 include redistricting and election policy, marijuana, Medicaid expansion and healthcare, energy, restrictions on taxes, abortion, and minimum wage.
  • So far, at least $459.8 million has been contributed to support and opposition campaigns for 2018 statewide ballot measures, with the largest amounts in California and Florida.
  • Notable measures certified for the ballot since August 23 include two initiatives in Colorado on opposite sides of the oil and gas development issue and a Medicaid expansion initiative in Nebraska.
  • Proposition 207 in Arizona, an initiative that would have increased income taxes on income above $250,000 to fund education, was removed from the ballot by the Arizona Supreme Court
  • Two initiatives in Washington (Initiative 1639 and Initiative 940) were ordered onto the ballot by the Washington Supreme Court. One concerned gun ownership and storage, and the other was about police deadly force.

    • States with 2018 measures
    State Number State Number
    Alabama 4 Alaska 1
    Arizona 5 Arkansas 4
    California 16 Colorado 13
    Connecticut 2 Florida 9
    Georgia 7 Hawaii 2
    Idaho 2 Indiana 1
    Kentucky 1 Louisiana 6
    Maine 6 Maryland 2
    Massachusetts 3 Michigan 3
    Missouri 8 Montana 4
    Nebraska 1 Nevada 6
    New Hampshire 2 New Jersey 1
    New Mexico 6 North Carolina 6
    North Dakota 4 Ohio 2
    Oklahoma 6 Oregon 6
    Rhode Island 3 South Carolina 1
    South Dakota 6 Utah 7
    Virginia 2 Washington 5
    West Virginia 2 Wisconsin 1

    July August 22 - September 12
    Total certified[1] Initiatives filed
    2018 166[2] +7 947

    This year started out with a lower-than-average number of statewide measures certified for the ballot. By the 10th week of the year, the certification count was at about two-thirds of the average since 2010. The average number of certified measures for even-numbered years from 2010 through 2016 was 164 by the third Tuesday of August. The average number of total statewide measures certified for the ballot by the end of the year from 2010 through 2016 was 173.

    The graph below shows the number of certifications in each week of 2010, 2012, 2014, and 2016, as well as the average for each week. The graph also shows 2018 certifications and will be updated each week until ballots are finalized for all states, and the last measure is certified for the ballot. See the chart in the following section for a full list and timeline of certifications.

    Notable topics and trends in 2018

    Click on the arrows (▼) below for details about each topic and a list of 2018 ballot measures

    Elections policy: - 19 measures in 15 states concerning redistricting, voting restrictions, ballot access, campaign finance, and ethics

    In 2018, voters in five states decided statewide measures to establish new redistricting systems for their state legislatures, their congressional districts, or both. Ohio voters approved Issue 1 in May, establishing a redistricting commission to draw maps for the state's congressional districts. Colorado, Michigan, Missouri, and Utah featured measures in November. In Michigan, Missouri, and Utah, the redistricting measures were put on the ballot as citizen initiatives. In Ohio and Colorado, the measures were referred to the ballot by state legislatures, compromising with the proponents of citizen initiative efforts.

    Measures concerning voting restrictions and ballot access were on the ballot in eight states in November. Topics include voter identification requirements, term limits, automatic and same-day voter registration, the ability to vote after a felony conviction, the ability to run for office after a felony conviction, and ballot collection.

    Five states featured measures concerning campaign finance, political spending, and ethics: Colorado, Massachusetts, Missouri, North Dakota, and South Dakota. The Missouri measure is combined with the redistricting proposal. All of these measures were put on the ballot through citizen initiative petitions.


    Voters considered ballot measures addressing election policy in 15 states in 2018.

    Redistricting:

    See also: Redistricting measures on the ballot
    • Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) Approveda - The PAC Clean Missouri collected signatures to get the initiated amendment on the ballot. The measure made changes to the state's lobbying laws, campaign finance limits for state legislative candidates, and legislative redistricting process. The position of nonpartisan state demographer was created. Amendment 1 made the demographer responsible for drawing legislative redistricting maps and presenting them to the House and Senate apportionment commissions.

    Voting requirements and ballot access:

    • Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018) Approveda - The committee Floridians for a Fair Democracy collected more than the required 766,200 signatures to get Amendment 4 placed on the ballot. The measure was designed to automatically restore the right to vote for people with prior felony convictions, except those convicted of murder or a felony sexual offense, upon completion of their sentences, including prison, parole, and probation. It was approved.
    • North Carolina Voter ID Amendment (2018) Approveda - This amendment was referred to the ballot by the state legislature along party lines with Republicans voting in favor of it and Democrats voting against it. It created a constitutional requirement that voters present a photo ID to vote in person. It was approved.

    Arkansas Issue 3, a legislative term limits initiative, was certified for the ballot but was blocked by an Arkansas Supreme Court ruling. The measure would have imposed term limits of six years for members of the Arkansas House of Representatives and eight years for members of the Arkansas Senate. The ruling came too late to remove the measure from the ballot, but the supreme court ordered election officials to not count or certify votes for Issue 3.

    Campaign finance, political spending, and ethics:

    • Colorado Amendment 75, Campaign Contribution Limits Initiative (2018) Defeatedd - Proponents collected more than the required 136,328 valid signatures and met the state's distribution requirement to qualify this initiative for the ballot. The measure would have established that if any candidate for state office directs (by loan or contribution) more than one million dollars in support of his or her own campaign, then every candidate for the same office in the same primary or general election may accept five times the aggregate amount of campaign contributions normally allowed. It was defeated.

    Marijuana: - eight measures in six states concerning legalization of medical or recreational marijuana

    See also: Marijuana on the ballot

    Marijuana measures on the ballot in 2018
    StateMeasures
    MissouriMissouri Amendment 2: Medical Marijuana and Veteran Healthcare Services Initiative Approveda
    MissouriMissouri Amendment 3: Medical Marijuana and Biomedical Research and Drug Development Institute Initiative Defeatedd
    MichiganMichigan Proposal 1, Marijuana Legalization Initiative Approveda
    North DakotaNorth Dakota Measure 3, Marijuana Legalization and Automatic Expungement Initiative Defeatedd
    OklahomaOklahoma State Question 788: Medical Marijuana Legalization Initiative Approveda
    UtahUtah Proposition 2: Medical Marijuana Initiative Repealed, altered, or partially repealed
    MissouriMissouri Proposition C: Medical Marijuana and Veterans Healthcare Services, Education, Drug Treatment, and Public Safety Initiative Defeatedd
    OklahomaOklahoma State Question 788: Medical Marijuana Legalization Initiative Approveda

    Restrictions on taxes: - eight measures in six states concerning restrictions or limitations on taxes

    See also: Taxes on the ballot

    In 2018, voters in six states considered ballot measures to cap, limit, or restrict types of taxes. In Oregon and Washington, voters decided ballot initiatives to prohibit governments from enacting taxes on groceries. Oregan voters rejected the grocery tax ban. In Washington, the measure was ahead by 5 percentage points with 64 percent of precincts reporting.

    In Arizona, an initiative to prohibit new taxes or increased tax rates on services was approved. Voters in California defeated an initiated measure to require voter approval for the state legislature to impose, increase, or extend fuel taxes or vehicle fees in the future. It would have also repealed a gas tax increase passed in 2017.

    Legislatures in Florida and North Carolina referred constitutional amendments capping taxes to the ballot and both were approved. Voters in Florida and Oregon also considered ballot measures to require supermajorities of the state legislature to increase taxes. In Florida, the measure was approved, and, in Oregon, it was defeated.

    An additional initiative qualified for the ballot in California but was withdrawn after proponents agreed to a compromise bill with legislators to keep the initiative off the ballot. The initiative would have required a two-thirds vote of the electorate on all local taxes, including soda taxes. The compromise legislation prohibited local soda taxes until 2031.

    Measure Origin Description Status
    Arizona Proposition 126 Initiative Prohibits the state and local governments from enacting new taxes or increasing tax rates on services
    Approveda
    California Proposition 6 Initiative Requires voter approval for the state legislature to impose, increase, or extend fuel taxes or vehicle fees in the future
    Defeatedd
    Florida Amendment 2 Legislature Makes permanent the cap of 10 percent on annual nonhomestead parcel assessment increases set to expire
    Approveda
    Florida Amendment 5 Legislature Requires a two-thirds vote of each chamber of the state legislature to enact new taxes or fees or increase existing ones
    Approveda
    North Carolina Amendment Legislature Lowers the maximum allowable state income tax rate from 10 percent to 7 percent
    Approveda
    Oregon Measure 103 Initiative Prohibits state and local governments from enacting taxes on groceries
    Defeatedd
    Oregon Measure 104 Initiative Requires a three-fifths vote of each chamber of the state legislature to increase revenue, such as via increasing taxes and decreasing tax exemptions
    Defeatedd
    Washington Initiative 1634 Initiative Prohibits local governments from enacting taxes on groceries
    Approveda

    Medicaid expansion and healthcare: - five measures in five states concerning Medicaid expansion or funding for Medicaid expansion and five other measures related to healthcare

    Healthcare measures on the ballot in 2018
    StateMeasures
    NevadaNevada Question 4: Medical Equipment Sales Tax Exemption Amendment Approveda
    OregonOregon Measure 101: Healthcare Insurance Premiums Tax for Medicaid Referendum Approveda
    IdahoIdaho Proposition 2: Medicaid Expansion Initiative Repealed, altered, or partially repealed
    MassachusettsMassachusetts Question 1, Nurse-Patient Assignment Limits Initiative Defeatedd
    NebraskaNebraska Initiative 427, Medicaid Expansion Initiative Approveda
    CaliforniaCalifornia Proposition 4: Children's Hospital Bonds Initiative Approveda
    MontanaMontana I-185, Extend Medicaid Expansion and Increase Tobacco Taxes Initiative Defeatedd
    CaliforniaCalifornia Proposition 8: Limits on Dialysis Clinics' Revenue and Required Refunds Initiative Defeatedd

    Energy: - four measures in three states concerning fossil fuel and renewable energy

    In 2018, voters in Arizona, Nevada, and Washington decided ballot initiatives designed to reduce the use of fossil fuels and increase the use of renewable resources. In Arizona and Nevada, the environmental organization NextGen Climate Action was financing ballot initiatives, Arizona Proposition 127 and Nevada Question 6, to require electric utilities to acquire 50 percent of their power from renewable sources. Arizona Proposition 127 was defeated, and Nevada Question 6 was approved, which means it goes on to the 2020 ballot where it must be approved again. In Washington, electors rejected Initiative 1631, which would have enacted a fee on carbon emissions from power plants, refineries, and other specified emitters.[3]

    Voters in Nevada considered a ballot initiative, Question 3, to eliminate electricity monopolies and require a competitive energy market. Question 3 was rejected. Although Question 3 would not have directly affected the use of renewable resources in Nevada, supporters and opponents of the initiative campaigned on the issue of Question 3's effect on the use of renewable resources, contending that deregulation would either increase or decrease the use of renewable resources.[4]

    Below are the most notable energy-related measures of 2018. For a full list, click here.

    Measure Description Status
    Arizona Proposition 127 Requiring electric utilities in Arizona to acquire 50 percent of electricity from renewable resources by 2020
    Defeatedd
    Nevada Question 3 Requiring “an open, competitive retail electric energy market” and prohibiting state-sanctioned electrical-generation monopolies
    Defeatedd
    Nevada Question 6 Requiring electric utilities to acquire 50 percent of their electricity from renewable resources by 2030.
    Approveda
    Washington Initiative 1631 Enacting a carbon emissions fee with revenue going to fund environmental programs and projects
    Defeatedd
    Energy measures on the ballot in 2018
    StateMeasures
    WashingtonWashington Advisory Vote 19, Non-Binding Question on Oil Spill Tax Repeal Defeatedd
    ArizonaArizona Proposition 127: Renewable Energy Standards Initiative Defeatedd
    NevadaNevada Question 6: Renewable Energy Standards Initiative Approveda
    NevadaNevada Question 3: Changes to Energy Market and Prohibit State-Sanctioned Electric-Generation Monopolies Defeatedd
    WashingtonWashington Initiative 1631, Carbon Emissions Fee Measure Defeatedd
    CaliforniaCalifornia Proposition 70: Vote Requirement to Use Cap-and-Trade Revenue Amendment Defeatedd

    Abortion: - three measures in three states concerning abortion access and abortion funding

    Abortion measures on the ballot in 2018
    StateMeasures
    AlabamaAlabama Amendment 2: State Abortion Policy Approveda
    West VirginiaWest Virginia Amendment 1: No Right to Abortion in Constitution Measure Approveda
    OregonOregon Measure 106: Ban Public Funds for Abortions Initiative Defeatedd

    Minimum wage: - two minimum wage increase measures in two states

    Minimum wage measures on the ballot in 2018
    StateMeasures
    MissouriMissouri Proposition B: $12 Minimum Wage Initiative Approveda
    ArkansasArkansas Issue 5, Minimum Wage Increase Initiative Approveda


    2018 campaign contribution leader boards

    See also: Ballot measure campaign finance, 2018

    According to reports available as of September 12, 2018, $459.8 million had been reported in contributions to support and opposition campaigns for statewide ballot measures, and $246.1 million had been reported in expenditures. To see leaderboard lists, a break down of contributions for support and opposition, and information on campaign finance for each of the 2018 measures, click here.

    Top five measures

    According to reports available as of September 12, 2018, the following five measures featured the most in campaign contributions:

    1. California Proposition 8, Limits on Dialysis Clinics' Revenue and Required Refunds Initiative (2018) - Total: $64.6 million in contributions

    • Support: $17.4 million
    Top donor: SEIU-UHW West
    • Opposition: $47.2 million
    Top donors: dialysis businesses DaVita and Fresenius Medical Care North America

    2. California Proposition 10, Local Rent Control Initiative (2018) - Total: $47.4 million

    • Support: $12.6 million
    Top donor: AIDS Healthcare Foundation
    • Opposition:
    Top donors: Michael K. Hayde, including Western National Group & Affiliated Entities, and Blackstone Property Partners, L.P.; Breit MF Holdings LLC; Blackstone Real Estate Partners (VI Through VIII), L.P.; and their Holdings

    3. Nevada Question 3, Changes to Energy Market and Prohibit State-Sanctioned Electric-Generation Monopolies Amendment (2018) - Total: $31.7 million[5]

    • Support: $19.7 million
    Top donors: Switch and the Las Vegas Sands Corporation
    • Opposition: $12.0 million
    Top donor: NV Energy

    4. Florida Amendment 6, Marsy's Law Crime Victims Rights, Judicial Retirement Age, and Judicial Interpretation of Laws and Rules Amendment (2018) - Total: $30.4 million

    • Support: $30.4 million
    Top donor: Marsy's Law for All
    • Opposition: $0

    5. California Proposition 6, Voter Approval for Future Gas and Vehicle Taxes and 2017 Tax Repeal Initiative (2018) - Total: $29.8 million

    • Support: $3.6 million
    Top donors: California Republican Party, Kevin McCarthy for Congress, and John Cox for Governor 2018
    • Opposition: $26.2 million
    Top donors: Laborers Pacific Southwest Regional Organizing Coalition Issues PAC, Members' Voice of the State Building and Construction Trades Council of California, and Southern California District Council of Laborers Issues PAC

    Top five states

    According to reports available as of September 12, 2018, the following 10 states featured the most in ballot measure campaign contributions:

    • California - $183,381,831.37 in contributions
    • Florida - $74,376,439.83 in contributions
    • Nevada - $34,804,641.14 in contributions
    • Missouri - $30,974,841.69 in contributions
    • Arizona - $29,283,569.24 in contributions
    • Washington - $22,568,752.66 in contributions
    • Massachusetts - $15,878,503.12 in contributions
    • Montana - $13,013,824.12 in contributions
    • Alaska - $10,290,920.67 in contributions
    • Oregon - $9,217,978.19 in contributions

    2018 certifications

    See also: Ballot initiatives filed for the 2018 ballot and Ballot measure petition deadlines and requirements, 2018

    From August 23 through September 12, 2018, the following measures were certified for the ballot, put back on the ballot by a court ruling, or removed from the ballot on the dates listed:

    August 23, 2018:

    August 24, 2018:

    • Nebraska Initiative 427, Medicaid Expansion Initiative (2018) - On August 24, 2018, Secretary of State John Gale certified the ballot initiative to appear on the general election ballot. This initiative would require the state to expand Medicaid coverage for persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line. Nebraska was one of five states featuring statewide ballot measures relating to Medicaid expansion or funding for Medicaid expansion in 2018.
    • Washington Initiative 1639, Changes to Gun Ownership and Purchase Requirements Measure (2018) - This initiative was previously certified for the ballot and removed by a court ruling. The Washington Supreme Court, however, overturned the lower court's decision and put the measure back on the ballot. Initiative 1639 would implement restrictions on the purchase and ownership of firearms including raising the minimum age to purchase a gun to 21, background checks, waiting periods, and storage requirements.

    August 27, 2018:

    • New Jersey School Projects Bond (2018) - This measure would authorize issuing $500 million in general obligation bonds for project grants related to vocational schools, college career and technical education, school water infrastructure, and school security. The state Assembly and state Senate originally approved this measure with an amount of $1 million on June 21, 2018, and July 1, 2018, respectively. On August 23, 2018, Gov. Phil Murphy (D) issued a conditional veto on Senate Bill 2293, saying, "While I certainly endorse the priorities established in this bill, I also believe that their long-term fiscal implications must be carefully considered." Gov. Murphy recommended revisions to S2293, including cutting the bond measure from $1 billion to $500 million. The legislature approved a revised version, and the governor signed it on August 27, certifying it for the ballot.[6]

    August 28, 2018:

    • Colorado Proposition 111, Limits on Payday Loan Charges Initiative (2018) - This initiative would restrict the charges on payday loans to a yearly rate of 36 percent and eliminate all other finance charges and fees associated with payday lending. Coloradans to Stop Predatory Payday Loans, the group behind the initiative, submitted around 112,998 valid signatures based on a random sample method of signature verification. A total of 98,492 valid signatures were required.
    • Washington Initiative 940, Police Training and Criminal Liability in Cases of Deadly Force Measure (2018) - This initiative would create a good faith test to determine when the use of deadly force by police is justifiable, require police to receive de-escalation and mental health training, and require law enforcement officers to provide first aid. This initiative previously qualified to go before the state legislature, which, as a compromise with proponents and law enforcement agencies, approved the initiative and then immediately amended it. As an Initiative to the Legislature, a type of indirect initiated state statute, the measure could be enacted by the legislature without going to the ballot. Initiative activist Tim Eyman, however, sued over the legislature's action to approve and then amend the initiative. Thurston County Superior Court ruled that Initiative 940 had to go on the ballot, and the Washington Supreme Court upheld the ruling on August 28, 2018.

    Aug 29, 2018:

    September 4, 2018

    • Colorado Amendment 75, Campaign Contribution Limits Initiative (2018) - The measure would provide that, if any candidate for state office directs (by loan or contribution) more than one million dollars in support of his or her own campaign (or candidate committee), then every candidate for the same office in the same primary or general election may accept five times the aggregate amount of campaign contributions normally allowed. This initiative qualified for the ballot on On September 4, 2018. Proponents of the measure submitted 212,332 signatures, of which, 136,328 were found to be valid. A total of 98,492 valid signatures were required to qualify. Proponents also met the distribution requirement for initiated constitutional amendments mandating that the petition contain signatures equal to 2 percent of the registered voters who live in each of the state's 35 senate districts.

    September 5, 2018:

    September 6, 2018:

    • Michigan Voting Policies in State Constitution Initiative (2018) - This initiative would add eight voting policies to the Michigan Constitution, including (1) vote using a secret ballot; (2) military members and overseas voters receive an absentee ballot at least 45 days before the election; (3) register to vote by mail at least 15 days before an election; (4) register to vote in person during the final 14 days before an election; (5) the option to vote straight party in partisan general elections; (6) automatic voter registration when conducting business with the state regarding a driver's license or personal identification card; (7) absentee voting for all voters during the 40 days prior to an election; and (8) the auditing of election results. On September 6, 2018, the Board of State Canvassers certified the measure to appear on the ballot. Proponents were required to collect 315,654 valid signatures. Proponents collected an estimated 433,069 signatures. Based on a random sample of signatures, elections staff estimated that 321,755 signatures were valid.

    September 7, 2018:

    Context from past years

    In 2016, there was a surge in the number of citizen-initiated measures; 76 initiatives and veto referendums were put on the ballot. This was more citizen-initiated measures than we've seen since 2006.

    For initiatives to reach the ballot, they must first be filed for the various approval processes in each state and circulated for signature gathering. Only a small percentage of the initiatives filed actually make the ballot. For example, for the 2016 election cycle, an above-average 1,069 initiatives were filed with state officials. This resulted in 2016's 76 certified citizen-initiated measures, a success rate of 7 percent. Since 2010, Maryland (75%), South Dakota (73%), North Dakota (47%), Alaska (43%), and Maine (32%) had the highest success rates on average. Maryland has a veto referendum process but no initiative process; since 2010, four veto referendums have been filed, and three made the ballot.

    Ultimately, 947 initiatives were filed for circulation targeting 2018 elections. For the 2016 election cycle, 1,069 initiatives were filed targeting the 2016 ballot. In 2010, 2012, and 2014, the average total number of initiatives filed with state officials was about 610. Of the 26 states that feature an initiative process, 2018 initiatives or veto referendums were filed for circulation in 23 of them. Click on the links below to see information about initiatives in each state.

    Illinois, Maryland, and New Mexico had no filings as of November 1, 2017. Maryland and New Mexico feature the veto referendum power but do not have a process for ballot initiativess. Illinois' initiative process has severe subject restrictions limiting initiatives to procedural elements of laws governing the state legislature.

    On average since 2010, the most initiatives were filed in Washington, California, and Colorado, where more than 100 are filed for any given even-numbered year on average. California has seen the highest average number of successful initiative attempts. For 2018, Missouri featured the most filings at 373—more than three and a half times the state's average of 97 since 2010.

    The map and expandable chart below show the average success rates per year of filed initiatives and referendums (I&R) in each state over the last eight years (in even-numbered years).

    Initiative filings in even-numbered years
    Year # filed # certified
    2018 947 68
    2016 1,069 76
    2014 616 40
    2012 566 63
    2010 606 50

    The percentage of filed initiatives that reach the ballot does not necessarily correlate with the ease or difficulty of putting an initiative on the ballot in that state. Some states make filing more difficult or more expensive, making only more serious petitioners take that first step. In some states, initiative proponents file multiple versions of substantively the same initiative and ultimately put their efforts behind one.

    The data—including the specific success percentage rates—represented by the map above is available below and can be expanded by clicking show.

    See also

    Related articles

    Footnotes

    1. ↑ The numbers in the second column indicate the net increase in how many ballot measures are on the ballot; for example a "+3" could mean that three measures were certified in the last month or that five were certified and two were removed.
    2. ↑ This number includes citizen-initiated measures, legislative referrals, and an automatically referred measure.
    3. ↑ The Atlantic, "Will Washington State Voters Make History on Climate Change?" August 15, 2018
    4. ↑ Nevada Current, "What Question 3 and Question 6 say about renewable energy," August 23, 2018
    5. ↑ Note: Question 3 was also on the ballot in 2016. For Question 3 of 2016, a combined total of $4.35 million was raised between supporters and opponents.
    6. ↑ New Jersey Governor, "Veto of Senate Bill 2293," August 23, 2018
    7. ↑ Tucson.com, "Arizona Supreme Court throws 'Invest in Ed' initiative off ballot," August 29, 2018
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