State Ballot Measure Monthly: August 2023

2023 U.S. state ballot measures
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August 9, 2023

By Ballot Measures Project staff

This edition of the State Ballot Measure Monthly covers the certifications of 2023 and 2024 ballot measures, as well as notable ballot measure news, from July 12 through August 8.

Nationally, 40 ballot measures have been certified in eight states for elections in 2023, which is the highest for an odd-numbered year since 2007, when 43 measures were on statewide ballots.

HIGHLIGHTS

In Ohio, voters will decide on an amendment to establish a state constitutional right to abortion, among other reproductive matters—and, since voters rejected Issue 1 on Aug. 8, a simple majority vote is required to ratify the amendment.

Californians to vote on repealing Proposition 8, which banned same-sex marriage in 2008, from the state constitution.

Maine voters to decide on eight ballot measures in November, which is the most since 2010.

Changes in 2023 ballot measure numbers

See also: Ballotpedia's Tuesday Count for 2023

States with 2023 ballot measures
State	Number	Change from July SBMM
Colorado	2	+0
Louisiana	8	+0
Maine	8	+5
New York	2	+0
Ohio	2	+1
Oklahoma	1	+0
Texas	14	+1
Wisconsin	3	+0
Total	40	+7

July 12 - August 8
Total measures	Change from July SBMM	Filed initiatives
40	+7	262

Comparison to earlier years

From 2011 through 2021, an average of 27 ballot measures were certified for odd-numbered year ballots during the second week of August of the election year. An average of 33 total ballot measures were certified for odd-numbered year ballots from 2011 through 2021.

2023 certifications

See also: Ballotpedia's Tuesday Count for 2023

From July 12 through August 8, seven statewide measures were certified for the ballot in Maine, Ohio, and Texas for the elections in 2023.

July 13:

• Texas Proposition 4, Property Tax Changes and State Education Funding Amendment: The constitutional amendment, titled Proposition 4, was passed during the legislature's second special session and was the last certified for the ballot in Texas for November 7, 2023. Proposition 4 would make several changes, including increasing the homestead tax exemption from $40,000 to $100,000; allowing the legislature to limit the annual appraisal increase on non-homestead real property; excluding appropriations made to increase state education funding from the state appropriations limit; and allowing the legislature to provide for four-year terms for members of the governing bodies of appraisal entities in counties with a population of 75,000 or more.

July 25:

• Maine Question 2, Prohibit Foreign Spending in Elections Initiative: In Maine, citizen-initiated statutes are indirect, meaning that, following a successful signature drive, the legislature can approve the statute. Legislators approved Question 2, but Gov. Janet Mills (D) vetoed the initiative, saying, "this bill is too broad and would likely result in the unintended consequences of effectively silencing legitimate voices..." The legislature failed to override the governor's veto on July 25. With no further legislative recourse to approve the initiative, voters will decide Question 2 on November 7, 2023. Question 2 would prohibit election spending in Maine by foreign governments, including entities with partial (5% or more) foreign government ownership or control.

• Maine Question 5, Change Time Period of Judicial Review of Initiative Petitions Amendment: The constitutional amendment would change the timeline for the judicial review of initiative petitions, including (1) changing the judicial review period from within 100 days of a petition being filed to within 100 business days from the deadline for filing a petition and (2) allowing the judicial review period to begin 30 days after a general election when an initiative petition is filed within 30 days of a general election.

• Maine Question 6, Require All Provisions of Constitution Be Included in Official Printing Amendment: The constitutional amendment would require the entire Maine Constitution to be included in official printed versions. Heading into November, the Maine Indian Treaty Obligations were part of the Maine Constitution but were constitutionally required to be omitted in any printed copies. The constitutional amendment would have the effect of adding the referenced Indian Treaty Obligations to official printed versions of the Maine Constitution.

• Maine Question 7, Remove Residency Requirement for Initiative Petition Circulators Amendment: The ballot measure would remove from the Maine Constitution a requirement that a circulator for a citizen initiative or referendum petition must be a registered voter of Maine. This constitutional provision is inoperative as the First Circuit Court of Appeals enjoined the state from enforcing the residency requirement in 2021.

• Maine Question 8, Prohibit Harassment and Intimidation of Voters and Allow Individuals Under Guardianship for Reasons of Mental Illness to Vote in Elections Amendment: The constitutional amendment would provide that people under guardianship for mental illness can vote for governor and state legislators. The ban on people under guardianship from voting was struck down as violating the U.S. Constitution, according to the state's official language for Question 8. The amendment would also add language to the constitution saying that electors are exempt from harassment or intimidation on election days.

• Ohio Right to Make Reproductive Decisions Including Abortion Initiative: Secretary of State Frank LaRose (R) announced that the campaign, Ohioans for Reproductive Freedom, submitted 495,938 valid signatures. At least 413,488 needed to be valid. The citizen-initiated constitutional amendment would establish a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy. The ballot initiative is the only one related to abortion in 2023.

2024 certifications

See also: Ballotpedia's Tuesday Count for 2024

From July 12 through August 8, three statewide measures were certified for the ballot in California and Maine for elections in 2024.

July 13

• California Right to Marry and Repeal Proposition 8 Amendment: The constitutional amendment would make California the second state to repeal a state constitutional ban on same-sex marriage. In 2020, voters in Nevada approved Question 2, which repealed the state's constitutional language banning same-sex marriage. In 2008, voters in California adopted a citizen-initiated constitutional amendment, Proposition 8, that defined marriage as between one man and one woman. The proposed constitutional amendment would instead state that "The right to marry is a fundamental right."

July 26

• California Prohibit State Limitations on Local Rent Control Initiative: The ballot initiative is the AIDS Healthcare Foundation's third proposal to repeal Costa-Hawkins Rental Housing Act, which prohibits rent control on single-family homes and houses completed after February 1, 1995, in California. Secretary of State Shirley Weber (D) announced that 616,823 signatures for the initiative were valid. At least 546,651 needed to be valid. The ballot initiative would allow cities and counties to limit rent on any housing and limit the rent for a first-time tenant.

July 27

• Maine State Flag Referendum: The ballot measure would change Maine's state flag back to the state's first official flag, which was used between 1901 and 1909 and is referred to as the Pine Tree Flag. The 1901-1909 flag features a green pine tree and the North Star. The Maine State Legislature passed a bill referring the flag change to voters during the 2023 legislative session; however, Gov. Mills allowed the bill to become law without her signature on July 27, 2023, which delayed the vote on the measure until November 5, 2024.

Headlines

Maine voters to decide on eight ballot measures in November—the most since 2010

The following is an excerpt from Ballotpedia's Daily Brew on August 4, 2023.

It’s a banner year for ballot measures in the Pine Tree State.

In 2023, Maine voters will decide eight measures in November—the most since 2010. Between 1985 and 2022, the average number of ballot measures on the Maine ballot was 5.3 (in fact, the number of certified statewide measures across the country so far is the highest in recent memory in an odd-numbered year—40 compared to an average of 33 between 2011-2021).

Last year, in 2022, zero measures made the ballot in Maine.

On July 25, the legislature approved four constitutional amendments, adding to the four citizen-initiated state statutes that had already been certified for the November ballot. A two-thirds supermajority vote is required by both the House and Senate to refer constitutional amendments to the ballot. Voter approval is required for any amendments to the Maine Constitution.

The constitutional amendments that Maine voters will decide in November are:

• Question 5, which would change the timeline for the judicial review of initiative petitions
• Question 6, which would require sections of the Maine Constitution pertaining to Maine Indian Treaty Obligations to be included in the official printed version of the constitution
• Question 7, which would remove the requirement that a circulator for a citizen initiative or referendum petition must be a citizen of Maine
• Question 8, which would exempt voters from harassment during the voting process, as well as provide for individuals under guardianship for reasons of mental illness to be able to vote for governor, senators, and representatives

In addition, Maine voters will also decide four citizen-initiated measures. In Maine, citizens cannot refer constitutional amendments to the ballot but can place state statutes on the ballot through the indirect initiative process. This means that after a citizen initiative campaign submits enough signatures to qualify for the ballot, the initiative first goes to the legislature. If the legislature approves the initiative, the initiative becomes law. If the legislature does not approve the initiative, or if the governor vetoes the initiative, it goes to the ballot for Maine voters to decide.

• Question 1, which would require voter approval for certain entities or utilities that incur a total outstanding debt that exceeds $1 billion
• Question 2, which would prohibit election spending by foreign governments.
• Question 3, which would create Pine Tree Power Company, a municipal electric utility, and would allow the company to purchase and acquire all investor-owned transmission and distribution utilities in Maine.
• Question 4, which would allow motor vehicle owners and independent repair facilities to have access to the vehicle on-board diagnostic systems.

Of the 249 ballot measures Maine voters decided between 1985 and 2022, 186 (74.7%) measures were approved, and 63 (25.3%) were defeated.

See also

• 2023 ballot measures
• Ballot initiatives filed for the 2023 ballot
• Ballot Measure Scorecard, 2023
• Ballotpedia's Tuesday Count for 2023

Related articles

• State Ballot Measure Monthly