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State Ballot Measure Monthly: April 2021
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers certifications and a selection of notable ballot measure news from March 16 through April 22.
HIGHLIGHTS
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Number of certifications in past years
Odd-numbered years:
- An average of five measures were certified for odd-year ballots by this point from 2011 through 2019.
- An average of 31 statewide measures were eventually certified for odd-year ballots from 2011 to 2019.
Even-numbered years:
- An average of 22 measures were certified for even-year ballots by this point from 2011 through 2019.
- An average of 172 statewide measures were eventually certified for even-year ballots from 2010 to 2020.
2021 certifications
From March. 16 through April 22, no statewide ballot measures were certified.
2022 certifications
From March. 16 through April 22, 19 statewide measures were certified.
March 18:
- New Mexico Constitutional Amendment 1, Land Grant Permanent Fund Distribution for Early Childhood Education Amendment (2022) - This amendment would allocate 1.25% of the five-year average of the year-end market value of the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund. The Legislative Finance Committee (LFC) estimated that the additional allocation would be about $245.7 million in fiscal year 2023. This amendment also says there will be no allocation if the five-year average year-end market value of the LGPF falls below $17 billion. Both chambers of the legislature referred the amendment to the 2022 ballot largely along party lines. In the House vote on Feb. 12, 42 Democrats and two Republicans voted in favor of it, and 21 Republicans and two Democrats voted against it. In the Senate vote on March 18, 26 Democrats voted in favor of it, and 15 Republicans and one Democrat voted against it.
March 23:
- Georgia Suspend Compensation for Assembly Members and Public Officials Indicted for a Felony Amendment (2022) - This amendment would suspend compensation for legislators and state executive officials suspended from office for being indicted for a felony. The measure was proposed in the state legislature shortly after the Atlanta Journal-Constitution reported in late January that Georgia Insurance Commissioner Jim Beck (R) has been receiving pay and benefits since being suspended after being indicted for federal wire fraud, mail fraud, and money laundering charges in May 2019. The Senate approved the measure on March 8 in a vote of 51-1. The House approved the measure unanimously on March 23.
March 24:
- Nevada Equal Rights Amendment (2022) - This amendment would add language to the Nevada Constitution that prohibits the denial or abridgment of rights on account of an individual's race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin. The Nevada Legislature must approve constitutional amendments in two successive legislative sessions to put them on the ballot. Both chambers approved the measure in 2019. On March 23, the Senate voted 18-3 in favor of the amendment. The Assembly approved it 30-12 on March 24. In both chambers, Republicans cast the dissenting votes.
March 30:
- Kentucky No Right to Abortion in Constitution Amendment (2022) - This amendment would state that nothing in the Kentucky Constitution creates a right to abortion or requires government funding for abortion. The House approved the amendment for the ballot in a vote of 76-20. Seventy-four Republicans and two Democrats voted in favor of it, and 20 Democrats voted against it. The Senate approved the amendment 32-6. All 30 Republicans and two Democrats voted in favor of it, and six Democrats voted against it. Kansas voters will decide a similar amendment in August 2022.
March 31:
- Georgia Merged Family-Owned Farms and Dairy and Eggs Tax Exemption Measure (2022) - This measure would expand certain property tax exemptions provided on agricultural equipment and select farm products to apply to any entity that is a merger of two or more family-owned farms. It would also extend the exemption to include dairy products and eggs. The Georgia Constitution requires majority voter approval of a statewide referendum to enact property tax exemptions. Both chambers of the legislature must pass proposed tax exemptions by a two-thirds (66.67%) vote to put them on the ballot. The Senate approved the measure unanimously on March 31. The House voted 163-1 in favor of the proposal on the same day.
April 1:
- Wyoming Local Government Stock Investing Amendment (2022) - This amendment would give the legislature the power to allow local governments to invest funds in stocks and equities. It would require a two-thirds vote of the legislature to establish or increase the percentage of funds a local government could invest. The Senate approved the amendment 25-5 on April 1. On the same day, the House approved it 46-13. Dissenters in both chambers were Republicans and one Independent.
April 6:
- Maryland Question 1, Renaming of the Courts of Appeals and Special Appeals Amendment (2022) - This amendment would change the name of the Maryland Court of Appeals to the Supreme Court of Maryland and the Maryland Court of Special Appeals to the Appellate Court of Maryland. The House passed the amendment 125-10 on March 21. The Senate passed it 40-7 on April 6. All dissenters in both chambers were Republicans.
April 9:
- West Virginia Amendment 1, No Court Authority over Impeachment Measure (2022) - This amendment would say that no state court has authority over the legislature's conduct of impeachment proceedings and that no court can review the Senate's impeachment judgments. The amendment was passed largely along party lines in each chamber. The House approved the amendment 78-21 on March 2. In the House, 76 Republicans and two Democrats voted in favor of it, and 21 Democrats voted against it. The Senate approved the amendment 23-11 on April 9. All 23 Republicans voted in favor of it, and all 11 Democrats voted against it.
- The amendment was proposed in response to an investigation and impeachment proceedings for multiple West Virginia Supreme Court Justices in 2018. Investigation and impeachment proceedings stemmed from the justices' alleged misuse of more than $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges. On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. In October 2018, temporary supreme court justices blocked the Senate from conducting an impeachment trial for Justices Margaret Workman, Robin Davis, and Allen Loughry.
- During the 2021 session, Republicans held a 23-11 Senate majority and a 76-24 majority in the House. This means Republicans had the two-thirds majority required to put a constitutional amendment on the ballot in both chambers. Before the November 2020 elections, Republicans held 20 seats in the Senate and 58 seats in the House, which meant they needed support from at least three Democratic senators and nine Democratic House members to refer an amendment to the ballot. During the 2020 legislative session, the West Virginia State Senate considered a similar amendment. The Senate voted 20-13 in its favor, but that was three votes short of the 23 required for it to pass.
April 10:
- West Virginia Amendment 3, Incorporation of Religious Denominations and Churches Measure (2022) - This amendment would authorize the state legislature to incorporate churches and religious denominations. The Senate approved it unanimously on March 2. The House approved it 95-4 on April 10. The four House dissenters were Democrats.
- West Virginia Amendment 2, Authorize Tax Exemptions for Vehicles and Personal Property Used for Business Measure (2022) - This amendment would authorize the state legislature to exempt personal property (machinery, equipment, and inventory) used for business activity from ad valorem property taxes. The House approved it 84-16 on March 31. The Senate approved it 29-5 on April 10.
April 12:
- Maryland Question 3, Civil Jury Trials Amendment (2022) - This amendment would increase from $15,000 to $25,000 the minimum amount in controversy that guarantees a right to a jury trial in civil cases. The House passed the final version of this bill 100-34 on April 10. The Senate passed it unanimously on April 12.
- Maryland Question 2, Residency Requirements for State Legislators Amendment (2022) - Beginning in January 2024, this amendment would require that candidates for the state legislature maintain a primary place of abode in the district they wish to represent for at least six months prior to the date of the election or for as long as the district has been in existence. Currently, legislative candidates must reside in the district. Both chambers approved the amendment unanimously on April 12.
April 15: The Alabama Legislature unanimously referred to amendments to the ballot. The House had the final roll calls on April 15.
- Alabama Remove Orphans' Business from Probate Court Jurisdiction Amendment (2022) - This amendment would remove orphans' business from the jurisdiction of county probate courts.
- Alabama Allow Denial of Bail for Offenses Enumerated by State Legislature Amendment (2022) - This amendment would allow the legislature to create a list of offenses where a judge can deny bail. The offenses would include murder, kidnapping, rape, and assault.
April 19:
- New York Environment and Climate Change Projects Bond Measure (2022) - This measure would issue $3 billion in general obligation bonds for projects related to the environment, natural resources, water infrastructure, and climate change mitigation. Gov. Andrew Cuomo (D) proposed the bond issue during his State of the State Address on Jan. 8, 2020. It was included in the 2020 budget and approved for the ballot but was withdrawn in response to the COVID-19 pandemic. The 2022 bond issue was included in Senate Bill S2509C, which was one of the state's annual budget bills.
April 20:
- Idaho Constitutional Amendment SJR 102, Legislative Authority to Call a Special Session Amendment (2022) - This amendment would authorize the president pro tempore of the Senate and the speaker of the House to convene a special legislative session upon receiving a joint written request from 60% of the members of each chamber. It would limit the session to the subjects specified in the request. The amendment would also require organizational legislative sessions on the first Thursday of December following a general election. The Idaho Legislature must approve constitutional amendments by a two-thirds vote in each chamber to refer them to the ballot. This requirement amounts to 24 votes in the Senate and 47 votes in the House. The Senate passed the final version of the amendment 24-11 on March 3. Twenty-four Republicans voted in favor of it. Seven Democrats and four Republicans voted against it. The House approved the measure 54-15 on April 20. Fifty-four Republicans voted in favor of it. Twelve Democrats and three Republicans voted against it.
- This measure was proposed partially in response to the COVID-19 pandemic and coronavirus-related regulations in 2020. Ballotpedia is tracking seven certified statewide measures and seven potential statewide measures proposed in response to COVID-19.
- Arkansas and Kentucky will also decide measures in 2022 that would allow the legislature to convene special sessions.
April 22:
- Alabama Prohibit Changes to Election Conduct Laws within Six Months of General Elections Amendment (2022) - This amendment would require that any legislation changing the conduct of a general election must be implemented at least six months before the next affected general election. On April 6, the House approved the amendment 75-24. In the House, 74 Republicans and one Democrat voted in favor of it, and 24 Democrats voted against it. On April 22, the Senate approved the amendment 25-4. In the Senate, 24 Republicans and one Democrat voted in favor of it, and two Republicans and two Democrats voted against it.
- This measure was proposed partially in response to the COVID-19 pandemic and coronavirus-related policies in 2020. Ballotpedia is tracking seven certified statewide measures and seven potential statewide measures proposed in response to COVID-19.
- Arkansas Issue 2, 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure (2022) - This amendment would require a 60% supermajority voter approval to ratify constitutional amendments (legislatively referred and citizen-initiated) and citizen-initiated state statutes. On April 15, the House voted 74-18 to approve the amendment. In the House, 72 Republicans and two Democrats voted in favor of it, and 17 Democrats and one Republican voted against it. On April 22, the Senate voted 23-6 to approve the amendment. In the Senate, 23 Republicans voted in favor of it, and five Democrats voted against it.
- Arkansas Legislature Power to Convene Extraordinary Sessions Amendment (2022) - This amendment would allow the legislature to call itself into a special session. On April 22, the Senate and House approved the amendment 30-2 and 82-9, respectively.
Idaho Gov. Brad Little (R) signs bill increasing initiative signature distribution requirements
On April 17, Gov. Brad Little (R) signed Senate Bill 1110. The bill changed the state's distribution requirement for ballot initiative and veto referendum signature petitions. Under the new law, campaigns must collect signatures from 6% of voters in all 35 legislative districts. Previously, they were required to gather signatures form 6% of voters from 18 legislative districts.[1]
Idaho joins Arkansas, Utah, and South Dakota legislators in approving new restrictions on their respective initiative processes this year.
In 2019, Little vetoed a pair of bills that would have increased the state's initiative signature requirement and its distribution requirement, among other changes. The legislature did not override Gov. Little's vetoes.
This year, both chambers of the legislature passed SB 1110 by more than the two-thirds majority required to override a veto: 26-9 in the Senate and 51-18 in the House.
Reclaim Idaho filed a lawsuit seeking to overturn SB 1110 and filed an initiative to repeal the bill. Reclaim Idaho Co-founder Luke Mayville said, "This makes citizen initiatives virtually impossible in Idaho. Under this legislation, we're not likely to see another initiative like Medicaid expansion from 2018 or like the term limits initiative from the 1990's. So we are very disappointed with Governor Little. [...] This fight is not over because this legislation is clearly unconstitutional, and our organization, Reclaim Idaho, has decided to file a lawsuit and to ask the courts to strike down this legislation and to protect the citizen initiative rights of all the people of Idaho"[2]
Rep. Sage Dixon (R) a supporter of SB 1110, said, “Every district in Idaho should be represented in that process. This is an effort to protect the voice of everybody in Idaho in the lawmaking process, very similar to what we do here as representatives, and what the senators do as well.”[3]
Gov. Little's statement on SB 1110 wrote, "whether senate bill 1110 amounts to an impermissible restriction in violation of our constitution is highly fact-dependent and, ultimately, a question for the Idaho judiciary to decide. I also expect the federal courts may be called to determine whether senate bill 1110 violates the first amendment of the U.S. Constitution."[2]
Context about ballot measure law changes in 2021
Ballotpedia has tracked 125 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recall in 34 states in 2021 legislative sessions. At least 14 have been approved. Here are some other notable bills and trends:
- The Utah Legislature passed and Gov. Spencer Cox (R) signed a proposal to ban pay-per-signature, among multiple other changes to the initiative process.
- The South Dakota Legislature referred a constitutional amendment to the 2022 ballot that would require a 60% supermajority vote for future ballot measures that increase taxes or fees or that require the state to appropriate $10 million or more in the first five fiscal years.
- The legislature referred the amendment to the June 2022 ballot, and voters must approve it before it is enacted.
- Proponents of a Medicaid expansion initiative opposed and filed legal challenges regarding the inclusion of HJR 5003 on the June ballot saying it was unfair to apply new supermajority requirement rules for an initiative with an ongoing petition drive campaign.
- The Arkansas Legislature referred an amendment to the 2022 ballot that would require a 60% supermajority vote for future constitutional amendments (both citizen-initiated and legislatively referred) and initiated state statutes.
- Both chambers of the Arkansas Legislature approved different versions of Senate Bill 614, sending it to a conference committee. The bill would ban pay-per-signature and require initiative sponsors to guarantee that any petition circulators they hired do not have any specified disqualifying convictions. The bill would replace background check circulator requirements that the Arkansas Supreme Court invalidated in March 2021.
- Legislation to enact or increase supermajority requirements for ballot measures was introduced in 2021 sessions in seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota.
- Bills to increase initiative and referendum signature requirements or signature distribution requirements were introduced in Idaho, Missouri, Montana, and Oklahoma.
- Bills to enact single-subject rules for ballot initiatives were introduced in Arizona, Mississippi, and North Dakota.
- Bills to require certain disclosures and details regarding their single-subject rules were also introduced this year in Nebraska and South Dakota.
Click here to read more about ballot measure law changes in 2021.
See also
- 2021 ballot measures
- 2022 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot initiatives filed for the 2021 ballot
- Ballot Measure Scorecard, 2021
- Ballot Measure Scorecard, 2022
- Ballotpedia's Tuesday Count for 2021
- Ballotpedia's Tuesday Count for 2022
Related articles
Footnotes
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