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State Ballot Measure Monthly: April 2019
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers certifications and notable ballot measure news from March 16, 2019, through April 15, 2019.
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Number of certifications in past years:
- 2017: By the second Tuesday in April, six measures had been certified for the 2017 ballot.
- Ultimately, 27 statewide measures were on the ballot in 2017.
- 2015: By the second Tuesday in April, five measures had been certified for the 2015 ballot.
- Ultimately, 28 statewide measures were on the ballot in 2015.
- 2013: By the second Tuesday in April, one measure had been certified for the 2013 ballot.
- Ultimately, 31 statewide measures were on the ballot in 2013.
- 2011: By the second Tuesday in April, six measures had been certified for the 2011 ballot.
- Ultimately, 34 statewide measures were on the ballot in 2011.
- Even-numbered years: At this point in the election cycles from 2012 through 2018 an average of 16 measures were certified for the ballot. From 2012 through 2018, an average of 169 measures were certified to appear on the general election ballot.
2019 certification updates
From March 16, 2019, to April 15, 2019, the following measure was certified for the 2019 ballot:
March 27:
- Kansas Eliminate Revision of Census Population Amendment (2019) - The constitutional amendment would end adjustments of military and student populations in the state census for legislative redistricting purposes. Currently, the Kansas Constitution requires the state legislature to apportion state legislative districts based on the most recent U.S. Census, with an adjustment to (1) exclude nonresident military personnel stationed in Kansas and nonresident students and (2) include resident military personnel and resident students in the district of their permanent residence. The state Senate unanimously approved the amendment March 14. The state House approved the amendment 117-7 on March 27.
2020 certifications
From March 16, 2019, to April 15, 2019, the following measures were certified for the 2020 ballot:
March 21:
- Nevada Question 1, Remove Constitutional Status of Board of Regents Amendment (2020) - This amendment would remove the constitutional status of the Nevada State Board of Regents, allowing the Legislature to review and change the governing structure of the state's higher education system. The amendment needed to be approved by the legislature during two legislative sessions. Democrats unanimously backed the amendment in the 2019 session. Fifteen of 21 Republicans supported the amendment.
April 2:
- Arkansas Issue 2, Change State Legislative Term Limits Amendment (2020) - The constitutional amendment would change the state's term limits on state legislators. Currently, there is a 16-year lifetime term limit on legislative service. Under the proposed amendment, legislators would be limited to 12 consecutive years in office, with the option hold office again after a four-year break. Republicans and Democrats were divided on the amendment; 63 percent of Republicans and 33 percent of Democrats supported it. Legislators most recently asked voters to amend term limits in 2014, when voters approved Issue 3, creating the current 16-year lifetime limit.
- Montana LR-130, Limit Local Government Authority to Regulate Firearms Measure (2020) - The ballot measure would preempt local governments from regulating the carrying of concealed weapons. Most legislative Republicans (93 percent) voted to refer the ballot measure. Most legislative Democrats (97 percent) opposed referral. In Montana, the governor's signature is not required to refer a statute to the ballot. The state legislature sent Gov. Steve Bullock an identical bill, which, if he signs, would remove the measure from the ballot.
April 3:
- Montana Initiated Statute and Referendum Distribution Requirements Amendment - The ballot measure would amend the Montana Constitution to match existing signature distribution requirements for initiated state statutes and veto referendums. Currently, the state constitution says that signatures have to be collected from one-half of the state's counties. State statute, however, says that signatures have to be collected from one-third (34) of the state's legislative districts. In 2003, the U.S. District Court for Montana ruled the county-based requirement unconstitutional. Then-Attorney General Mike McGrath (D) said the court's ruling made the county-based requirement unenforceable. In the Montana State Legislature, 40 percent of Democrats and 91 percent of Republicans supported the amendment.
- Montana C-46, Initiated Amendment Distribution Requirements Measure (2020) - The ballot measure would amend the Montana Constitution to match existing signature distribution requirements for initiated constitutional amendments. Like the Initiated Statute and Referendum Distribution Requirements Amendment, the ballot measure comes after the U.S. District Court for Montana ruled the county-based requirement unconstitutional in 2003.
April 8:
- Arkansas Issue 3, Initiative Process and Legislative Referral Requirements Amendment (2020) - The constitutional amendment would make several changes to the state's initiative process, as well as the legislative referral process. It would change the state's distribution requirement for signatures from half of the percentage of gubernatorial votes in at least 15 of the state's counties to half of the percentage of gubernatorial votes in each of 45 counties. The ballot measure would also require signatures to be submitted by January 15 of the election year rather than the current deadline of four months before the election. It would eliminate the option for petitioners to collect extra signatures for 30 days if the petition fails to meet the signature requirement but the petition has at least 75 percent of the valid signatures needed. It would also require challenges to the sufficiency of any ballot measure to be filed no later than April 15 of the election year. The ballot measure would also require a three-fifths vote, rather than a simple majority vote, of both chambers of the legislature to refer a constitutional amendment to voters.
- North Dakota Constitutional Measure 1, Board of Higher Education Membership Amendment (2020) - This constitutional amendment would increase the membership of the Board of Higher Education from eight to 15, increase term length from four years to six years, and prohibit state employees, officials, legislators, from being members.
Two-session requirements for constitutional amendments
The Nevada Remove Constitutional Status of Board of Regents Amendment was certified on March 21, 2019, for the election on November 3, 2020.
Nevada is one of nine states that require legislatures to vote on constitutional amendments during two successive legislative sessions in order to refer them to the ballot for voter consideration. An additional four states require amendments to be passed during one or two successive legislative sessions, depending on the size of the vote in each chamber.
Between the 2010 and 2018 legislative sessions, 62 constitutional amendments were approved during one legislative session in the states with two-session vote requirements. However, 21 of these constitutional amendments (33.9 percent) failed during the second legislative session.
When there was a change in party control of the legislature between legislative sessions between 2010 and 2018, 90.0 percent of the constitutional amendments approved during the first session failed during the second session.
In 2013, the Democrat-controlled Nevada State Legislature approved two constitutional amendments—one addressing the length of legislative sessions, and one addressing the definition of marriage—but the amendments were not certified. In 2015, Republicans controlled the legislature and neither of the amendments were voted on. In 2015, the Republican-controlled state legislature approved five constitutional amendments, but just one of the amendments ended up making the ballot. The other four amendments—addressing compensation of elected officials; hunting and fishing; a two-thirds vote for ballot initiatives; and property taxes—did not receive a vote in 2017, when the Democrats controlled the legislature.
Democrats kept control of both chambers of the legislature and increased their majorities at the election in 2018. The following is a list of constitutional amendments that the legislature passed in 2017 and needs to pass again in 2019 to refer to the election on November 3, 2020.
| Amendment | 2017 vote | 2017 control | 2019 vote | 2019 control | Status | ||
|---|---|---|---|---|---|---|---|
| Click link for details | Senate | Assembly | Democrat | Senate | Assembly | Democrat | |
| Minimum Wage Increase | 12-9 | 27-15 | 
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--- | --- |
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Proposed |
| Right to Emergency Medical Care | 12-9 | 26-14 |
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--- | --- |
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Proposed |
| Taxes; Depreciation, and Rebates | 13-8 | 27-15 |
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--- | --- |
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Proposed |
| Marriage Regardless of Gender | 19-2 | Unknown |
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--- | 37-2 |
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Proposed |
| Right to Voting Procedures | 21-0 | 38-3 |
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21-0 | --- |
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Proposed |
| Status of Board of Regents | 18-2 | 38-4 |
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20-0 | 36-5 |
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On the ballot |
| Board of Pardons Commissioners | 20-0 | 33-8 |
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21-0 | --- |
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Proposed |
Context from past years
States that are likely to feature statewide measures in 2019
Out of the 26 states with a process for citizen-initiated measures, Colorado, Maine, Ohio, and Washington allow ballot initiatives or veto referendums to appear on the ballot in odd-numbered years. Because Mississippi has a gubernatorial election this year, a citizen initiative could have appeared on the ballot. None qualified. Legislatively referred measures can also go on the ballot in these states in 2019.
Louisiana, New Jersey, New York, and Texas state legislatures frequently refer statewide measures to the ballot odd-numbered years.
See also
- 2019 ballot measures
- 2020 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot initiatives filed for the 2019 ballot
- Ballot Measure Scorecard, 2019
- Ballot Measure Scorecard, 2020
- Ballotpedia's Tuesday Count for 2019
- Ballotpedia's Tuesday Count for 2020
Related articles
Footnotes
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