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State Ballot Measure Monthly: August 2019
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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 July 15 through August 14. In that time, one statewide ballot measure was certified for the Nov. 5 ballot. Twenty-three statewide measures have been certified for the 2019 ballot so far. Thirty-eight measures have been approved for 2020.
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Number of certifications in past years:
Odd-numbered years
- 2017: By the second Tuesday in August, 27 measures had been certified for the 2017 ballot. No more measures were added to the ballot that year.
- The 27 measures of 2017 broke a 70 year-old record for the lowest number of statewide measures certified for an odd-numbered year ballot.
- 2015: By the second Tuesday in August, 28 measures had been certified for the 2015 ballot.
- No more measures were added to the ballot in 2015
- 2013: By the second Tuesday in August, 25 measures had been certified for the 2013 ballot.
- Ultimately, 31 statewide measures were on the ballot in 2013.
- 2011: By the second Tuesday in August, 30 measures had been certified for the 2011 ballot.
- Ultimately, 34 statewide measures were on the ballot in 2011.
The graph below shows the number of certifications in each week of 2011, 2013, 2015, and 2017, as well as the average for each week. The graph also shows 2019 certifications and will be updated each week on Ballotpedia's Tuesday Count page until ballots are finalized for all states.
Even-numbered years
- At this point in the year before even-year elections from 2012 through 2018, an average of 42 measures were certified for the next even-numbered year. From 2012 through 2018, an average of 169 measures were ultimately certified to appear on the general election ballot.
2019 certifications
From July 15 to August 14, one 2019 statewide ballot measure was certified for the ballot:
August 7:
- Washington Referendum 88, Vote on I-1000 Affirmative Action Measure (2019) - This veto referendum petition effort targeted Initiative 1000, which authorized the state to implement affirmative action policies (without the use of preferential treatment or quotas) in public employment, education, and contracting. Referendum 88 asks voters whether to approve or reject Initiative 1000 on the Nov. 5 ballot. I-1000 was an Initiative to the Legislature (ITL), the name of indirect initiatives in Washington. As an ITL, legislators had two options when the I-1000 signature petition was certified: (a) approve the initiative themselves, thereby precluding an election, or (b) put the initiative on the ballot. When the legislature voted to approve I-1000, opponents filed the Referendum 88 petition to force a public vote on I-1000. Petitioners for the referendum submitted 213,268 signatures by the July 27 deadline. The secretary of state certified the measure on Aug. 7 using a random sampling that projected 184,239 of the submitted signatures were valid, more than the 129,811 required.[2][3]
- In 1998, voters restricted the state's use of affirmative action when they approved Initiative 200.
2020 certifications
From July 15 to August 14, no 2020 statewide ballot measures were certified.
Utah Supreme Court ruling on legislative alteration
- See also: Legislative alteration
On August 6, 2019, the Utah Supreme Court upheld the procedure used to repeal and replace Utah Prop. 2.
Proposition 2, the Medical Marijuana Initiative, was approved by 52.75% of Utah voters in November 2018. The Utah Medical Cannabis Act or House Bill 3001 (HB 3001) was passed by the legislature and signed by the governor on December 3, 2018, during a special session called by the governor.
HB 3001 removed the provision of Proposition 2 allowing patients to grow their own marijuana. It also reduced the number of privately-run dispensaries allowed and required dispensaries to employ pharmacists to recommend dosages. HB 3002 also changed which medical conditions qualified for marijuana use.[4][5]
A lawsuit was filed, with the support of The People’s Right group, challenging the legislature's action to repeal and replace Proposition 2. Plaintiffs argued that the governor effectively vetoed Proposition 2 when he called a special session to vote on HB 3001. State statute does not allow the governor to veto legislation approved by voters. On August 6, the Utah Supreme Court ruled against plaintiffs stating that the governor's action was not equivalent to a veto. The ruling also rejected claims that HB 3001 should have been subject to a veto referendum petition effort, which was attempted but denied by Lieutenant Governor Spencer Cox (R) because the bill was passed by a two-thirds (66.67%) vote in each chamber of the legislature. In Utah, the lieutenant governor has the duties and powers most often associated with the office of the secretary of state. The constitution does not allow veto referendums against legislation passed by a two-thirds vote in each chamber of the legislature. Plaintiffs claimed that the supermajority vote rule should not apply to any law that originated as a citizen initiative. The court's decision stated that the rule applies to any bills passed by the legislature, including legislation amending or repealing a citizen initiative.[6]
Background context:
Utah is one of 11 states with no restrictions on how soon or with what majority the legislature can amend or repeal an initiated state statute. From 2010 through 2018, 97 initiated state statutes and two initiated ordinances in D.C. were approved by voters. Of these, 28 were legislatively altered as of April 2019. Legislators amended 23 and repealed key provisions of five. Maine has legislatively altered the most approved initiatives—four out of eight—since 2010. The Colorado and Oregon Legislatures each altered three of five approved initiatives. The most frequently altered initiatives between 2010 and 2018 dealt with marijuana. Eight such voter-approved measures were later changed by state legislatures. The next most common topic among legislative alterations was elections and campaigns, with four initiatives. Other topics addressed by legislatively altered initiatives included term limits, education, business regulation, law enforcement, minimum wage, taxes, and gambling.
Signatures submitted for Colorado National Popular Vote Interstate Compact veto referendum
Veto referendum sponsors Coloradans Vote (now called Protect Colorado's Vote) reported submitting over 227,000 signatures to the secretary of state on the August 1 deadline to seek the repeal of 2019 legislation (SB 42) adding Colorado to the National Popular Vote Interstate Compact (NPVIC). A veto referendum needs 124,632 valid signatures to qualify for the 2020 ballot.
As part of the NPVIC, all nine of Colorado's electoral votes would be awarded to the candidate who wins the national popular vote. The NPVIC does not go into effect until states representing at least 270 electoral votes have joined. As of Aug. 1, 15 states and Washington, D.C., (representing 196 electoral votes) had joined the NPVIC.
A yes vote on the referendum would approve Senate Bill 42, making Colorado a part of the NPVIC. A no vote on the referendum would reject Senate Bill 42, stopping Colorado from becoming a part of the NPVIC.
The National Popular Vote Interstate Compact (NPVIC) is an interstate compact to award member states' presidential electors to the winner of the national popular vote. The NPVIC would go into effect if states representing at least 270 electoral college votes adopt the legislation. As of August 1, 15 states and Washington, D.C., (representing a total of 196 electoral votes) had joined the NPVIC.
Most states use a winner-take-all system for awarding electoral votes—a candidate who wins the popular vote in a state receives 100 percent of that state's electoral votes. The candidate elected president did not win the national popular vote in five of the 58 presidential elections in U.S. history.
In addition to Colorado, three other states joined the NPVIC in 2019: Delaware, New Mexico, and Oregon. The first state to join was Maryland in 2007. Colorado is a Democratic trifecta. Thirteen of the 15 states to join the NPVIC and Washington, D.C., were Democratic trifectas at the time. Two were controlled by divided governments.
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
- ↑ Note: One measure in Oregon was certified for the ballot on June 30, but was not reported as certified until mid-July.
- ↑ Let People Vote, "Sign Referendum Measure 88, Let Washingtonians Vote On I-1000," accessed July 25, 2019
- ↑ Washington Secretary of State, "Petition status of R-88," accessed August 7, 2019
- ↑ Fox 13 Now, "The latest version of the medical marijuana bill replacing Prop. 2 is published," accessed November 26, 2018
- ↑ Fox 13 Now, "Utah State Legislature votes to replace Proposition 2, the medical cannabis ballot initiative," accessed December 4, 2018
- ↑ Fox 13 Salt Lake City, "Utah Supreme Court rejects petition challenging replacement of medical cannabis ballot initiative," August 6, 2019
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