State Ballot Measure Monthly: August 2016

Ballot Measure Monthly
2016 Measures
Total certified	157
Total proposed	1,000+

By Jessica Dravecky

Twenty-two statewide ballot measures were certified for the ballot in August. Therefore, at the end of August, the total count for ballot measures in 2016 stood at 157. Court rulings in Nevada and Illinois removed one ballot measure in each state in August as well. Prior to August, the number of certified measures for 2016 had been down from the number of measures that were certified by that time in 2014. However, with the large amount of certifications in August, the 2016 count is now ahead of the 151 measures that were certified at this time two years ago. Also, as of September 1, 2016, citizen initiatives made up 75 out of the 157 ballot measures with guaranteed spots on the ballot this year. This compares to about 35 citizen initiatives certified for the ballot by this time in 2014. By the end of August, Oklahoma was the only state left with signature filing deadlines for initiative petitions.

HIGHLIGHTS

Four measures designed to increase tobacco taxes qualified for the ballot in Colorado, Missouri, and North Dakota. Voters in those states will join voters from California in voting on tobacco-related ballot measures.

Voters in Colorado and Arizona will be voting on measures related to the minimum wage. Minimum wage-related measures are also on the ballot in Maine, South Dakota, and Washington.

Measures in Nevada and Illinois were removed from the November 2016 ballot due to legal challenges.

August certifications and news

• Washington State-Provided Campaign Financing Funded by a Non-Resident Sales Tax, Initiative 1464: If this initiated state statute is approved by voters in November, it would create a campaign finance system allowing residents to direct state funds to candidates and repeal the non-resident sales tax exemption, directing the resulting revenues to the program. The initiative would also restrict lobbying employment of some former public employees.
• Washington Increased Penalties for Crimes Against Vulnerable Individuals, Initiative 1501: This initiated state statute would increase criminal penalties for identity theft and expand civil liability for fraud targeting seniors and other vulnerable individuals. Although the measure did not have any formal opposition as of August 2016, the support campaign had raised more than $1.2 million, the bulk of which came from Service Employees International Union (SEIU) 775.
• Arkansas Limit Contingency Fees and Awards in Medical Cases Amendment: This measure was placed on the ballot as an initiated constitutional amendment and was designed to limit contingency fees in lawsuits seeking damages against healthcare providers. The measure would also limit awards for non-economic damages to $250,000.
• Missouri State and Judicial Campaign Contribution Limits, Constitutional Amendment 2: If passed, this initiated constitutional amendment would establish limits on campaign contributions to candidates for state and judicial offices. The amendment would also prohibit the intentional concealment of the source of contributions and require corporations to meet certain requirements to be eligible to make any contributions.
• Missouri 60 Cent Cigarette Tax, Constitutional Amendment 3: This initiated constitutional amendment would increase the tax on cigarette packs from 17 cents to 77 cents by 2020. The measure would also create an Early Childhood Health and Education Trust Fund, where revenues from the increased tax would be deposited. Amendment 3 faces a competing measure on the ballot called Proposition A, which would increase the tax on cigarettes to 23 cents per pack. If both measures pass, the one with the most "yes" votes would supersede the other.
• Missouri Prohibition on Extending Sales Tax to Previously Untaxed Services, Constitutional Amendment 4: This measure qualified for the ballot as an initiated constitutional amendment and would prohibit a new state sales tax on any service that was not subject to a sales tax as of January 1, 2015. The measure would not increase or decrease taxes, though it could have an impact on the ability of governmental entities to revise tax structures.
• Missouri 23 Cent Cigarette Tax, Proposition A: This initiated constitutional amendment would increase the tax on cigarette packs from 17 cents to 23 cents by 2021. Revenues from the increased tax would be used exclusively to fund transportation infrastructure projects. Proposition A faces a competing measure on the ballot called Amendment 3, which would increase the tax on cigarettes to 77 cents per pack. If both measures pass, the one with the most "yes" votes would supersede the other.
• Nevada Solar Rate Restoration Veto Referendum, Question 5: This veto referendum was put on the ballot in response to a section of Senate Bill 374, which established a fixed fee for solar customers that was different from the fixed fee for other customers. On August 4, 2016, however, the Nevada Supreme Court removed Question 5 from the ballot, citing a lawsuit arguing that the summary of the referendum used on petition sheets during signature gathering was biased. If the veto referendum had remained on the ballot and had been approved, SB 374 would have been upheld, but if it had been defeated, the targeted section of SB 374 would have been repealed.
• Oklahoma Reclassification of Some Drug and Property Crimes as Misdemeanors, State Question 780: If approved by voters, this initiated state statute would reclassify drug possession offenses as misdemeanors rather than felonies. The measure would also increase the threshold for classifying property crimes as felonies rather than misdemeanors from $500 to $1,000. A legal challenge was filed by supporters of the measure following the rewording of the ballot title by the secretary of state in June 2016. Supporters claimed the reworded title contained biased language against the measure. The Oklahoma Supreme Court ruled that both the original and reworded versions were biased and ordered new language to be written before State Question 780 could be qualified for the ballot.
• Oklahoma Rehabilitative Programs Fund Initiative, State Question 781: This initiated state statute is dependent on the passage of Oklahoma State Question 780, which would reclassify certain drug and property crimes as misdemeanors. State Question 781 would use money saved by the reclassification of these crimes to fund rehabilitative programs, such as substance abuse and mental health treatment programs. This measure was also included in the legal challenge that was filed by supporters of the measure following the rewording of the ballot title by the secretary of state in June 2016. Supporters claimed the reworded title contained biased language against the measure. The Oklahoma Supreme Court ruled that both the original and reworded versions were biased and ordered new language to be written before State Question 781 could be qualified for the ballot.
• Arizona Marijuana Legalization, Proposition 205: This measure qualified for the ballot as an initiated state statute and would legalize the possession and consumption of marijuana for individuals over the age of 21. A competing initiative called the Legalization and Regulation of Marijuana Act was proposed for the ballot, but petitioners did not meet the signature requirements to qualify for the ballot in 2016. Opponents to the measure filed a lawsuit in July 2016 claiming that the summary of the measure was too vague and did not sufficiently inform voters of the contents of the initiative. The lawsuit was dismissed on August 18, 2016, keeping the measure on the ballot in November.
• Colorado $12 Minimum Wage, Amendment 70: If passed, this initiated constitutional amendment would increase the minimum wage in Colorado from $8.31 to $9.30 an hour, with subsequent increases of 90 cents each year on January 1 until the wage reaches $12 an hour in 2020. The measure would also provide that after 2020, annual adjustments would be made to coincide with increases in the cost of living. This measure is one of five minimum wage-related state measures on the ballot in November 2016.
• Colorado "End of Life Options Act", Proposition 106: This initiated state statute was designed to make assisted death legal for patients with terminal illness who receive a prognosis of death within six months. The measure would require two licensed physicians to confirm the prognosis and require the patient to be evaluated by a licensed mental health professional if either physician believes the patient is not mentally capable of making the decision to end their life.
• North Dakota Medical Marijuana Legalization, Initiated Statutory Measure 5: If passed, this initiated state statute would legalize the use of medical marijuana to treat specific debilitating medical conditions such as cancer, AIDS, hepatitis C, ALS, glaucoma, and epilepsy. The measure would require patients to have identification cards and would provide procedures for the monitoring, inventorying, dispensing, cultivation, and growing of marijuana by the department of health.
• North Dakota Tobacco Tax Increase, Initiated Statutory Measure 4: Placed on the ballot as an initiated state statute, this measure would increase the tax on packs of cigarettes from 44 cents to $2.20. The measure would also increase the tax on other tobacco products—to include liquid nicotine and electronic inhalation devices—from 28 percent of the wholesale purchase price to 56 percent of the wholesale price. Revenues from the increased taxes would be dedicated to a veterans' tobacco trust fund and a community health trust fund.
• Colorado Imposition of a Distribution Requirement for Citizen-Initiated Constitutional Amendments, Amendment 71: This initiated constitutional amendment was designed to require initiative petitioners to collect signatures from all of the state's 35 Senate districts. The measure would require that at least 2 percent of the registered electors in each Senate district sign a petition in order for it to qualify for the ballot. Currently, there is no requirement about where the signatures are collected in the state.
• Colorado Tobacco Tax Increase, Amendment 72: If passed, this initiated state statute would increase the tax on packs of cigarettes by $1.75 and on other tobacco products by 22 percent of the manufacturer's list price. Revenues from the increased taxes would be dedicated to health-related programs; tobacco education, prevention, and cessation programs; tobacco-related health research; veterans' programs; child and adolescent behavioral health construction and technology improvements for qualified health providers; educational loan repayment for health professionals in rural areas; and health professional training.
• Arizona Minimum Wage and Paid Time Off, Proposition 206: Placed on the ballot as an initiated state statute, this measure was designed to raise the minimum wage from $8.05 to $10 in 2017 and incrementally after that to $12 by 2020. The measure was also designed to guarantee 40 hours of annual paid sick time for employees of businesses with 15 or more employees and 24 hours of paid sick time for employees of businesses with fewer than 15 employees.
• Colorado Unaffiliated Elector, Proposition 108: This initiated state statute was designed to allow electors not affiliated with a major political party to vote in primary elections. The measure was also designed to allow political parties to select all of its candidates by assembly or convention instead of by primary election. Colorado currently only allows voters who are registered party members to participate in primary elections.
• Colorado Presidential Primary Election Initiative, Proposition 107: This initiated state statute was designed to recreate a presidential primary held before the end of March in which electors not affiliated with a major political party may vote without declaring a party affiliation. Colorado currently only allows voters who are registered party members to participate in primary elections.
• Alabama Removal of Age Restriction for Government Officials, Amendment 13: If passed, this legislatively referred constitutional amendment would remove age restrictions for government official positions, with an exception for judicial offices. The measure would also prohibit the imposition of maximum age limitations on the appointment or election of officials in the future.
• Alabama Approval of Budget Isolation Resolution Proposing a Local Law, Amendment 14: If passed, this legislatively referred constitutional amendment would guarantee the application of budget isolation resolutions authorizing the consideration of a bill proposing a local law adopted by the legislature before November 8, 2016.
• Illinois Independent Redistricting Map Amendment: This initiated constitutional amendment was designed to create a multistage process to appoint an 11-member redistricting commission. In May 2016, a lawsuit was filed against the initiative that claimed the measure was unconstitutional, dealt with more than one subject, and added new responsibilities to the auditor general's office and the state supreme court. A Cook County circuit judge ruled the measure unconstitutional in June 2016, but the decision was appealed to the Illinois Supreme Court. The supreme court also ruled the measure unconstitutional and removed the measure from the ballot on August 25, 2016.
• Arkansas Issue 6: This measure qualified for the ballot as an initiated constitutional amendment and would legalize medical marijuana. This amendment will face a competing measure called the Arkansas Medical Cannabis Act, an initiated state statute that qualified for the ballot in July 2016. If both measures pass, the one with the most "yes" votes will supersede the other. A comparison of the provisions of each measure can be found here.

See also

• Ballotpedia's Tuesday Count for 2016
• 2016 ballot measures
• Potential 2016 ballot measures
• Local ballot measure elections in 2016

Footnotes

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