State Ballot Measure Monthly: August 2020
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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 16 through August 15. Eight new measures were certified for the Nov. 3 ballot in Arizona, Montana, Nebraska, New Jersey, North Dakota, Oklahoma, and Rhode Island. One measure was removed from the Nov. 3 ballot in New York. One new measure was certified for the 2022 ballot in California.
To date, 115 statewide measures in 34 states have been certified for this year's ballot. Alabama, California, Maine, Missouri, Oklahoma, and Wisconsin voters decided eight measures over the summer. The remaining 107 measures are on the Nov. 3 ballot.
In addition to the certified measures, proponents of 10 additional ballot initiatives in three states have submitted signatures for verification.
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Number of certifications in past years:
The graph below shows the number of certifications in each week of 2012, 2014, 2016, and 2018, as well as the average for each week. The graph also shows 2020 certifications.
- 2018: By the second week of August, 152 measures had been certified for the 2018 ballot.
- Ultimately, 167 measures were on the ballot in 2018.
- 2016: By the second week of August, 142 measures had been certified for the 2016 ballot.
- Ultimately, 162 measures were on the ballot in 2016.
- 2014: By the second week of August, 151 measures had been certified for the 2014 ballot.
- Ultimately, 158 measures were on the ballot in 2014.
- 2012: By the second week of August, 164 measures had been certified for the 2012 ballot.
- Ultimately, 188 measures were on the ballot in 2012.
2020 certifications and removals
From July 16 to Aug. 15, eight new statewide measures were certified for the Nov. 3 ballots, and one measure was removed from the ballot.
July 16:
- Rhode Island Question 1, Name Change Amendment (2020) - This constitutional amendment would remove "Providence Plantations" from the official state name. Currently, the official name in the state constitution is "Rhode Island and Providence Plantations." Some government officials have already removed "Plantations" from state and local documents. On June 19, 2020, Providence Mayor Jorge Elorza (D) signed an executive order that removed "Plantations" from city documents and oath ceremonies. On June 22, 2020, Gov. Gina Raimondo (D) issued an executive order removing "Plantations" from all documents and her office's stationery. Raimondo also ordered that all executive agencies under the governor's control remove "Plantations" from agency stationery, electronic letterhead, pay stubs, and all other mediums of communication.
- In 2010, voters defeated a similar amendment 77.9% to 22.1% that would have changed the official state name from "State of Rhode Island and Providence Plantations" to "Rhode Island."
July 29:
- Oklahoma State Question 805, Criminal History in Sentencing and Sentence Modification Initiative (2020) - This citizen initiative would prohibit using a person's past non-violent felony convictions to impose an enhanced sentence when sentencing a person convicted of a non-violent felony. It would also allow for sentence modifications for eligible individuals serving or set to serve sentences that were previously enhanced based on past felony convictions.
- Supporters of SQ 805 include the ACLU of Oklahoma and Oklahomans for Criminal Justice Reform. The Yes on 805 campaign said, "Our incarceration crisis is fueled in large part by harsh, extreme sentences that are stacked against Oklahomans to punish them for previous mistakes... These enhanced sentences unfairly punish Oklahomans for debts they have already paid and tip the balance of legal proceedings even more toward prosecutors. Unfair, extreme sentencing leads to more of our family members, friends, neighbors, and fellow Oklahomans in prison for longer periods of time. The result? Oklahomans pay more in taxes to imprison our people, reduce our workforce, and leave families in poverty longer."
- Opponents of the measure include Oklahoma Governor Kevin Stitt (R), Oklahoma district attorneys, Oklahoma Coalition Against Domestic Violence and Sexual Assault, and Help In Crisis. Governor Stitt said, "Trying to put this into our state’s constitution, it peels back enhancements for DUIs, human trafficking, domestic violence — some of the things I don’t think we need to put into our constitution."
July 30:
- Removal New York Environment and Climate Change Projects Bond Measure (2020) - Gov. Andrew Cuomo (D) announced that this bond measure was being pulled from the ballot. "The financial situation is unstable. I don't think it would be financially prudent to do it at this time," said Gov. Cuomo. The bond measure would have proposed $3 billion in general obligation bonds for projects related to the environment, natural resources, water infrastructure, and climate change mitigation. In April, as part of the state budget bill, the New York Director of the Budget was empowered to remove the bond measure from the ballot if the budget department decides that there would hurt the state's finances. The state budget bill said removing the bond measure from the ballot would render it expired and repealed. This prevents it from being moved to a future election date.
- New Jersey Public Question 3, Delayed State Legislative Redistricting Amendment (2020) - This constitutional amendment would postpone the state legislative redistricting process until after the Nov. 2, 2021 election if the state receives federal census data after Feb. 15, 2021, and keep the current state legislative districts in place until 2023. The measure would also allow the state to use the delayed timeline in future redistricting cycles if the census data is received after Feb. 15.
- Both chambers of the New Jersey Legislature passed the constitutional amendment on July 30, 2020. The General Assembly approved the measure 51-26. In the Senate, the vote was 25 to 15. Democrats supported the amendment. Republicans, with the exception of one Senate Republican, opposed it.
- Senate Majority Whip Nicholas Scutari (D-22) said, “[A delay in receiving census data] will make it all but impossible to get the accurate information needed to draw legislative districts that are fair and accurate. An undercount will not only result in reduced federal funding, but also will have a negative impact on fair representation in the Legislature.” Doug Steinhardt, chairman of the New Jersey Republican Party, said, "The people of New Jersey deserve legislators that reflect the political and demographic makeup of our great state, and they haven’t enjoyed that in at least a decade. Democrats pushing this amendment to delay redistricting are trying to kill a fly with a sledgehammer, and are aiming to extend their majority for an additional two years."
July 31:
- Nebraska Initiative 428, Payday Lender Interest Rate Cap Initiative (2020) - This citizen initiative would limit the annual interest charged for delayed deposit services—also known as payday lending—to 36%. Currently, Nebraska law prohibits payday lenders from charging fees of more than $15 per $100 loaned, limits loan amounts to $500, and limits loan terms to no more than 34 days.
- Thirty-seven states permit payday lending. Four states—Colorado, Montana, New Hampshire, and South Dakota—have enacted a 36 percent annual interest rate caps that prohibit additional fees or charges. Three of those caps were passed through citizen initiatives: Colorado (2018), South Dakota (2016), and Montana (2010). Four states authorize payday lending with limits on APR, but permit lenders to charge extra fees on top of interest. The remaining 29 states authorize payday lending without limits on APR.
August 10:
- Arizona Proposition 207, Marijuana Legalization Initiative (2020) - This initiative would legalize the possession and use of marijuana for persons who are at least 21 years old, enact a 16% tax on marijuana sales, and require the state Department of Health and Human Services to develop rules to regulate marijuana businesses.
- Medical marijuana is currently legal in Arizona, but marijuana for personal use was illegal under both federal and state law. Voters approved a medical marijuana measure in 2010. Arizonans last voted on the issue of recreational marijuana in 2016. Proposition 205, a citizen-initiated measure, was defeated 51.3% to 48.7%.
- Arizona was one of five states to vote on a citizen-initiated legalization measure in 2016. Voters in neighboring California and Nevada, along with Maine and Massachusetts, approved their respective ballot measures.
- Stacy Pearson, a political consultant for Smart and Safe Arizona, the group behind the initiative, said that Proposition 207 “incorporates lessons learned from the 2016 campaign, as well as from other states that have already legalized cannabis.” Gov. Doug Ducey (R) opposed Proposition 205 in 2016 and opposes Proposition 207 now. Ducey said, "In 2016, Arizona voters rejected legalizing recreational marijuana because it was a bad deal based on false promises. Today, the same is true with this new ballot measure."
- Voters in Montana, New Jersey, and South Dakota will also vote on recreational marijuana legalization measures on Nov. 3.
August 11:
- North Dakota Top-Four Ranked-Choice Voting, Redistricting, and Election Process Changes Initiative (2020) - This citizen initiative would make the following changes to election and redistricting processes in North Dakota:
- It would establish open primaries where the top four candidates proceed to the general election.
- It would establish ranked-choice voting in the general election where voters can rank all four candidates that make it through the top-four primaries.
- It would make the state's ethics commission, which voters created through a 2018 citizen initiative, responsible for state legislative redistricting.
- It would require a paper record for all ballots and audits of each election within 120 days by the secretary of state.
- It would require ballots to be sent to military and overseas voters at least 61 days before an election.
- Voters in Alaska will also decide a top-four ranked-choice voting initiative on Nov. 3. Florida voters will decide an initiative to establish top-two open primaries. Massachusetts voters will decide an initiative to establish ranked-choice voting for state primary and general elections.
August 13:
- Two initiatives on Montana's ballot, together, would legalize, regulate, and tax recreational marijuana:
- Montana CI-118, Allow for a Legal Age for Marijuana Amendment (2020) - This measure would clear the path for legalization by amending the state constitution to allow for the legislature or a citizen initiative to set a minimum legal age for purchasing, possessing, and consuming marijuana.
- Montana I-190, Marijuana Legalization Initiative (2020) - This initiated state statute would legalize the possession and use of one ounce or less of marijuana by anyone at least 21 years old. It would establish a 20% tax and establish rules for regulating marijuana cultivation, retail, and possession. It would also establish a resentencing process for persons serving marijuana-related sentences changed by the initiative.
2022 certifications
- See also: 2022 ballot measures
From July 16 to Aug. 15, one new statewide measure was certified for the 2022 ballot.
July 21:
- California Changes to Medical Malpractice Lawsuits Cap Initiative (2022) - On April 30, 2020, Jamie Court, president of Consumer Watchdog, announced that the campaign had collected 988,000 signatures but chose not to file them before the recommended deadline on April 21, 2020, due to the coronavirus pandemic. Instead, the campaign filed the signatures to place the initiative on the Nov. 8, 2022 ballot. The initiative would increase the cap on noneconomic damages in medical malpractice awards from $250,000 to around $1.2 million. The cap was established in 1975 and has not been increased since then. In future years, the cap would rise annually based on inflation. The ballot initiative would also allow judges and juries to award damages above the cap for catastrophic injuries.
Missouri voters approve Medicaid expansion
- See also: Missouri 2020 ballot measures
On Aug. 4, Missouri voters approved Amendment 2 by a vote of 53% to 47%. Amendment 2 was a citizen initiative to expand Medicaid eligibility in Missouri to adults that are between the ages of 19 and 65 whose income is 138% of the federal poverty level or below. In 2020, this amounted to an annual income of $17,608 for an individual and $36,156 for a household of four. The amendment prohibited any additional restrictions or requirements for the expanded population to qualify for Medicaid coverage than currently exist for other Medicaid recipients.
Yes on 2: Healthcare for Missouri led the campaign in support of Amendment 2. As of July 27, 2020, the committees registered in support of the amendment—Healthcare for Missouri and Missourians for Healthcare—had raised $10.1 million.
The support campaign said that the coronavirus pandemic showed the need for expansion. Jack Cardetti, a spokesperson for the Yes on 2 campaign, said, "Now more than ever, Missourians need to be able to access care in their own communities and protect thousands of local frontline healthcare jobs. ... Amendment 2 will help keep rural hospitals and urban clinics open by bringing $1 billion of our own tax dollars back from Washington, instead of going to the 37 other states that have expanded Medicaid.”
No on 2 in August led the campaign in opposition to Amendment 2. Opponents said that expanding Medicaid would not be economically prudent. State Senator Bob Onder (R-2) said, "The money needed to expand Medicaid is going to come from somewhere. It either has to come from education, from roads or from massive tax increases. ... I do think that Missourians, particularly in these challenging economic times, will realize that a massive expansion of the Medicaid program isn’t something that we can afford."
Missouri is the sixth state to expand Medicaid through a ballot initiative.
In 2017, voters in Maine approved a ballot measure to expand Medicaid. It was the first citizen initiative to implement an optional provision of Obamacare.
In November 2018, voters in Idaho, Montana, Nebraska, and Utah decided ballot initiatives concerning Medicaid expansion and the funding of expanded Medicaid coverage. The measures were approved in Idaho, Nebraska, and Utah.
Oklahoma was the most recent state to approve Medicaid expansion in June 2020. The Oklahoma initiative, Oklahoma State Question 802, passed with 50.49% of the vote.
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See also
- 2020 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot Measure Scorecard, 2020
- Ballotpedia's Tuesday Count for 2020
Related articles
Footnotes
- ↑ The numbers in the second column indicate how many ballot measures were certified for the ballot in the last month; for example a "+3" means that three measures were certified in the last month.
- ↑ This number includes citizen-initiated measures, legislative referrals, and an automatically referred measure.
- ↑ This was current as of August 1, 2020.
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