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State Ballot Measure Monthly: July 2018

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July 11, 2018

By Ballot Measures Project staff

One hundred thirty (130) statewide ballot measures in 34 states have been certified for 2018 ballots so far. In the last month, 26 new statewide measures were certified to go before voters in 2018, and four measures that had qualified for the ballot were withdrawn or blocked by a court ruling. New measures were put on the ballot in California, Idaho, Maine, Massachusetts, Michigan, North Carolina, Oregon, and Rhode Island.

HIGHLIGHTS
  • Eight initiatives qualified for the ballot in California, but three were then withdrawn by proponents based on compromises with the legislature.
  • Of the 23 measures certified and not withdrawn, 11 were citizen initiatives, two were legislatively referred state statutes, four were legislatively referred bond issues, and the remaining six were legislatively referred constitutional amendments.
  • The other measure that was removed from the ballot was an initiative in Massachusetts to enact what is known as a millionaire's tax to fund education and transportation. The Massachusetts Supreme Judicial Court ruled that it violated the state's single-subject rule.
  • Notable initiatives certified for the ballot included marijuana legalization and redistricting initiatives in Michigan and gas tax repeal and rent control initiatives in California.
    • June 15 - July 11
    Total certified Initiatives filed Initiatives certified
    2018 130[1] +22 947 35[2]
    States with 2018 measures
    State Number State Number
    Alabama 4 Alaska 1
    Arizona 3 Arkansas 2
    California 17 Colorado 6
    Connecticut 2 Florida 13
    Georgia 5 Hawaii 2
    Idaho 1 Indiana 1
    Kentucky 1 Louisiana 6
    Maine 3 Maryland 2
    Massachusetts 3 Michigan 2
    Missouri 3 Montana 2
    Nevada 5 New Hampshire 2
    New Mexico 6 North Carolina 6
    Ohio 1 Oklahoma 5
    Oregon 4 Rhode Island 3
    South Carolina 1 South Dakota 6
    Utah 7 Virginia 2
    West Virginia 2 Wisconsin 1


    This year started out with a lower-than-average number of statewide measures certified for the ballot. By the 10th week of the year, the certification count was at about two-thirds of the average since 2010. The average number of certified measures for even-numbered years from 2010 through 2016 was 143 by the second Tuesday of July. The average number of total statewide measures certified for the ballot by the end of the year from 2010 through 2016 was 173.

    The graph below shows the number of certifications in each week of 2010, 2012, 2014, and 2016, as well as the average for each week. The graph also shows 2018 certifications and will be updated each week until ballots are finalized for all states, and the last measure is certified for the ballot.

    Signature deadlines and initiatives pending signature verification

    See also: Initiatives with signatures submitted and Initiative signature deadlines

    Over the last month, ballot initiative signature submission deadlines occurred in half of the states with a process for citizen-initiated measures (13 states out of 26 total). Currently, signatures have been submitted and are pending verification for 33 initiatives in Arizona, Arkansas, Colorado, Idaho, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and Washington. The last two signature submission deadlines of the year are on August 6 for initiatives in Colorado and on September 8 for initiatives in Oklahoma. These pending initiatives concern a wide range of topics including marijuana, minimum wage, paid sick leave, Medicaid expansion, carbon emissions and renewable energy, tax preemption, tax increases, elections and voting laws, sanctuary jurisdiction provisions, dialysis companies, and criminal justice.

    Click here for a list of initiatives for which signatures have been submitted.

    2018 certifications

    See also: Ballot initiatives filed for the 2018 ballot and Ballot measure petition deadlines and requirements, 2018

    From June 15 through July 11, 2018, the following measures were certified for the ballot on the dates listed:

    June 15, 2018

    • California Proposition 10: Local Rent Control Initiative - This measure would allow local governments to adopt amendments, ordinances, or regulations to govern how much landlords can charge tenants for renting apartments and houses. The measure would also repeal the Costa-Hawkins Rental Housing Act, a law designed to prohibit local governments from enacting rent control on buildings first occupied after February 1, 1995. A total of 365,880 signatures needed to be valid—64.8 percent of those submitted—for the initiative to make the ballot. The measure was certified for the ballot on June 15, 2018. Secretary of State Alex Padilla said his office received 402,468 valid signatures as of June 15, 2018, qualifying the measure for the ballot.

    June 18, 2018

    On June 18, 2018, Secretary of State Alex Padilla said his office received more than the 365,880 required signatures, qualifying the measure for the ballot. The random sample that counties conducted indicated that 515,539 signatures were valid out of 657,744 signatures filed.
    • Removal: Massachusetts Income Tax for Education and Transportation Initiative - This initiative would have created an additional 4 percent tax on the portion of incomes above $1 million for the purpose of providing funds for public education, roads and bridges, and public transportation. The Supreme Judicial Court, in a 5-2 ruling, said the initiative petition should not have been cleared for signature gathering in the first place by Democratic Attorney General Maura Healey because it violated the relatedness clause of the state constitution that prohibits ballot questions from mingling unrelated subjects. The ruling stated that the initiative proposed dedicating revenue to two different and unrelated topics: education and transportation.
    • Oregon Grocery Tax Ban Initiative - This measure would prohibit state and local governments from enacting taxes on the sale of groceries. It would also prohibit the enactment of any taxes, fees, or assessments of groceries adopted, or enacted on or after October 1, 2017. The measure would define groceries as "raw or processed food or beverages intended for human consumption," excluding alcohol, tobacco, and marijuana. Based on this definition, the measure would preempt local governments from taxing soda or sugary beverages. On June 18, 2018, the Oregon Secretary of State announced that proponents had submitted over 121,000 valid signatures, certifying the measure for the ballot. The number of valid signatures that were required to put the amendment on the ballot was 117,578.

    June 20, 2018

    • Michigan Independent Redistricting Commission Initiative - This measure would transfer the power to draw the state's congressional and legislative districts from the Michigan State Legislature to an independent redistricting commission. To qualify for the ballot, 315,654 valid signatures were required. The Michigan Bureau of Elections announced that an estimated 394,092 signatures of those submitted were valid. On June 20, 2018, the Board of State Canvassers voted 3-0 to confirm that enough valid signatures had been collected, certifying the initiative to appear on the ballot for the election on November 6, 2018.

    June 22, 2018

    • California Proposition 12: Farm Animal Containment Initiative - This initiative, unlike Proposition 2 of 2008, would ban the sale of meat and eggs from calves raised for veal, breeding pigs, and egg-laying hens confined in areas below a specific number of square feet. The size restrictions based on animal behavior would be repealed and replaced. Beginning in 2020, the proposal would ban,
      • whole veal meat from a calf (young domestic cow) that was confined in an area with less than 43 square feet of usable floor space per calf;
      • whole pork meat from a breeding pig or the immediate offspring of a breeding pig that was confined in an area with less than 24 square feet of usable floor space per pig; and
      • eggs from a hen (chicken, turkey, duck, goose, or guinea fowl) that was confined in an area with less than one square foot of usable floor space per hen.
    Beginning in 2021, producers would be required to confine egg-laying hens in cage-free housing systems based on the United Egg Producers' 2017 cage-free guidelines. To qualify for the ballot, 365,880 valid signatures were required. In late April 2018, proponents submitted 664,969 signatures. On June 22, 2018, Secretary of State Alex Padilla said his office received more than the 365,880 required signatures, qualifying the measure for the ballot. The random sample that counties conducted indicated that 474,289 signatures were valid.
    All three Rhode Island bond measures were introduced into the Rhode Island General Assembly as Article V of House Bill 7200 (HB 7200)—the state’s annual budget bill—on January 18, 2018. On June 15, 2018, Article V of HB 7200 received unanimous approval in the state House. On June 20, 2018, the state Senate voted 34 to 2 to approve HB 7200. Governor Gina Raimondo (D) signed HB 7200 on June 22, 2018, certifying the three bond issues for the ballot.

    June 25, 2018

    • California Proposition 6: Gas Tax Repeal and Voter Approval for Future Gas and Vehicle Taxes - This initiative would repeal fuel tax increases and vehicle fees that were enacted in 2017, including the Road Repair and Accountability Act of 2017 (RRAA), and require majority voter approval (via ballot propositions) for the California State Legislature to impose, increase, or extend fuel taxes or vehicle fees in the future. On June 25, 2018, Secretary of State Alex Padilla said his office received more than the 585,407 required signatures, qualifying the measure for the ballot
    • Certification and removal: California Consumer Personal Information Disclosure and Sale Initiative - This initiative would have allowed consumers to block certain businesses from selling on disclosing the consumer's personal information. Consumers would also have been permitted to sue businesses for security breaches of consumers’ personal information or for other violations of the measure's provisions. The ballot initiative would have applied to businesses that (1) have annual gross revenues of $50 million or more; (2) derive 50 percent or more of their revenues from selling personal information; and (3) sell the personal information of 100,000 or more individuals or devices per year. On June 25, 2018, Secretary of State Alex Padilla said his office received more than the 365,880 required signatures, qualifying the measure for the ballot.
    A deal was struck, however, between the legislature and initiative proponents that kept this initiative off of the ballot. On June 28, 2018, the state government of California enacted legislation to require companies that store personal information to disclose to consumers what types of information is collected and allow consumers to prevent businesses from selling their information. The legislation, Assembly Bill 375 (AB 375), resulted from a compromise with the PAC Californians for Consumer Privacy, which agreed to withdraw its ballot initiative in exchange for the bill. Both the state House and state Senate passed the compromise bill in unanimous votes.
    • North Carolina Right to Hunt and Fish Amendment - This measure would create a state constitutional right to hunt, fish, and harvest wildlife for the people of North Carolina. In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the North Carolina Legislature during one legislative session. The North Carolina House of Representatives approved an amended version of this amendment—Senate Bill 677—on June 25, 2018. The vote was 92 to 23. On June 25, 2018, the state Senate voted 41 to six to approve SB 677.

    June 26, 2018

    On June 26, 2018, Secretary of State Alex Padilla said his office received more than the 365,880 required signatures, qualifying the measure for the ballot. In late April 2018, initiative proponents filed 700,828 signatures. Although proponents collected enough signatures to qualify the initiative to appear on the ballot, initiative backers agreed to a compromise bill with legislators to keep the initiative off the ballot. On June 28, 2018, proponents withdrew the initiative.
    • California Proposition 4: Children's Hospital Bonds Initiative - This initiative would authorize $1.5 billion in general obligation bonds to provide for the Children's Hospital Bond Act Fund. The fund would be used to award grants to children's hospitals for construction, expansion, renovation, and equipment projects. On June 26, 2018, Secretary of State Alex Padilla said his office received more than the 365,880 required valid signatures, qualifying the measure for the ballot. In late April 2018, initiative proponents filed 643,221 signatures.
    • North Carolina Marsy's Law Crime Victims Rights Amendment - This measure would amend Section 37 of Article I of the North Carolina Constitution, a section addressing the rights of crime victims, with a version of a Marsy's Law. In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the North Carolina Legislature during one legislative session to reach the ballot. The state Senate voted 45-1 in favor of the amendment, and the state House voted 107-9 to pass it.

    June 27, 2018

    • California Proposition 2: Use Millionaire's Tax Revenue for Homelessness Prevention Housing Bonds Measure - This measure would authorize the state to use revenue from Proposition 63 (2004)—a 1 percent tax on income above $1 million for mental health services—on $2 billion in revenue bonds for homelessness prevention housing for persons in need of mental health services. Unlike general obligation bonds, revenue bonds do not require a public vote in California. Proposition 2 was referred to the ballot because the revenue for the bond would come from a tax that was created through a ballot initiative (Proposition 63 in 2004). In California, changes to ballot initiatives require a vote of the public. Both chambers of the state legislature approved the bill referring Proposition 2 to the ballot (AB 1827) on June 25, 2018. In the state Senate, the vote was 35-0, with four members not voting. In the state Assembly, the vote was 72-1, with seven members not voting. The one legislator to vote against referring the measure was Rep. Catharine Baker (R-16). On June 27, 2018, Gov. Jerry Brown (D) signed AB 1827, certifying the measure to appear on the ballot for the election on November 6, 2018.
    • Maine Wastewater Infrastructure Bond Issue - This measure would authorize $30 million in general obligation bonds for wastewater infrastructure improvements. Section 14 of Article IX of the Maine Constitution requires that state general obligation bonds exceeding $2 million be referred to the ballot for voter approval. A two-thirds vote in both chambers of the Maine State Legislature is required to put bond issues before voters. On June 27, 2018, Gov. Paul LePage (R) signed LD 1510, certifying the bond measure to appear on the ballot.
    • North Carolina Legislative Appointments to Elections Board and Commissions Amendment - This measure would remove the governor's power to make an appointment to the Bipartisan State Board of Ethics and Elections Enforcement, meaning legislative leaders would make eight appointments to the board, and provide that the state legislature controls the powers, duties, appointments, and terms of office for state boards and commissions, as prescribed by law. As of 2018, the Bipartisan State Board of Ethics and Elections Enforcement has nine members, with the governor appointing eight members from lists provided by legislative leaders and one unaffiliated member. In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the North Carolina Legislature during one legislative session to get onto the ballot. This amendment passed along partisan lines in both chambers, with Republicans in support and Democrats in opposition.

    June 28, 2018

    • California Proposition 7: Permanent Daylight Saving Time Measure - This measure would allow the California State Legislature to establish permanent daylight saving time (DST) in California by a two-thirds vote if federal law is changed to allow for permanent DST. The California State Legislature's bill for this proposed measure was Assembly Bill 807 (AB 807). AB 807 would repeal Proposition 12, also known as the Daylight Saving Time Act, which voters passed in 1949. On June 14, 2018, the state Senate voted 26 to nine, with four members absent, to approve AB 807. The California State Assembly concurred with the state Senate's changes to AB 807 on June 21, 2018. The vote was 68 to six, with six members not voting. On June 28, 2018, Gov. Jerry Brown signed AB 807, certifying the measure for the election on November 6, 2018
    • Certification and removal: California Two-Thirds Vote for State and Local Revenue Increases Initiative - This measure would have required a two-thirds vote of the electorate on all local taxes, such as soda taxes, and required a two-thirds vote of the state legislature to pass revenue-generating bills. Although proponents collected enough signatures for the initiative to appear on the ballot, initiative backers agreed to a compromise bill with legislators to keep the initiative off the ballot. On June 28, 2018, proponents withdrew the initiative. On June 28, 2018, California Gov. Jerry Brown (D) signed legislation to preempt local soda taxes until 2031 in a compromise to keep this initiative off the ballot. The legislation, titled Assembly Bill 1838 (AB 1838), also preempted local taxes on other types of groceries. AB 1838 allows local governments that enacted soda taxes before 2018 to continue to impose them. The cities of Albany, Berkeley, Oakland, and San Francisco had passed ballot measures in recent years to impose taxes on soda. Ordinances to enact soda taxes were proposed in Sacramento, Santa Cruz, and Richmond for 2018. Due to AB 1838, these cities won’t be permitted to enact soda taxes until 2031. The ballot initiative qualified for the ballot on June 27, 2018, after proponents collected more than the 585,407 required signatures. Proponents withdrew the ballot initiative on June 28, 2018, which was the deadline to do so.
    • North Carolina Judicial Selection for Midterm Vacancies Amendment - A measure would create a new process of filling judicial vacancies that occur between judicial elections for state courts involving a commission selecting candidates, legislators narrowing the list of candidates down to two, and the governor selecting the final nominee. As of 2018, the governor fills vacant seats, and the appointee serves until the next judicial election In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session. The state Senate passed the amendment 34 to 13, and the state House passed it 73 to 45.
    • North Carolina Income Tax Cap Amendment - This measure would lower the maximum allowable state income tax rate from 10 percent to 7 percent. As of 2018, the personal income tax rate in North Carolina is 5.499 percent. In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session. On June 28, 2018, the North Carolina House of Representatives took up the constitutional amendment (Senate Bill 75), voting 73 to 45 to approve the bill. The state Senate received SB 75 on June 28, 2018, and voted to concur with the lower chamber's changes.

    June 29, 2018

    • North Carolina Voter ID Amendment - This measure would require voters to present a photo ID to vote in person. In North Carolina, a constitutional amendment must be passed by a 60 percent vote in each chamber of the state legislature during one legislative session. The state House passed the amendment 74 to 43, and the state Senate passed it 33 to 12.

    July 6, 2018

    • Oregon Definition of Raising Revenue for Three-Fifths Vote Requirement Initiative - This amendment would amend the state constitution to apply a three-fifths supermajority vote requirement to any legislation that increases revenue through changes in tax exemptions, credits, and deductions. In Oregon, a three-fifths vote of all members in each House is required to pass bills that raise revenue. n 2015, the Oregon Supreme Court issued a ruling that the Legislative Counsel said excluded bills to reduce tax breaks, such as exemptions and credits, from the three-fifths vote requirement. On July 5, 2018, the Oregon Secretary of State reported proponents of the initiative submitted 124,428 valid signatures. Petitioners are required to collect 117,578 valid signatures to get their initiative on the ballot.

    July 9, 2018

    • Massachusetts Question 1: Nurse-Patient Assignment Limits Initiative - Question 1 would establish patient assignment limits for registered nurses working in hospitals. Limits would be determined by the type of medical unit or patient a nurse is working with. The Massachusetts Nurses Association and the Committee to Ensure Safe Patient Care are supporting the measure.
    • Massachusetts Question 2: Advisory Commission for Amendments to the U.S. Constitutional Amendments Regarding Corporate Personhood and Political Spending - Question 2 would establish a 15-member commission called the Citizens Commission Concerning a Constitutional Amendment for Government of the People. The commission would be tasked with advocating for and advising about policies to define inalienable constitutional rights as belonging to individual living human beings, not artificial entities or collections of human beings, and recommending the amendment of the U.S. Constitution to overturn the U.S. Supreme Court's ruling in Citizens United v. FEC. The commission would also urge state legislators to support the ratification of such an amendment. The commission would also be required by the initiative to develop reports on political and election spending in Massachusetts, the legal ability of the state government to regulate corporations, proposals for a federal constitutional amendment, and actions recommended for state officials.

    July 10, 2018

    • Idaho Authorize Betting on Historical Horse Races Initiative - This measure would allow the use of video terminals for betting on historical horse races restricted to locations at which live horse races are held on at least eight days of the year. Historical horse racing is also known as instant racing. On July 10, 2018, the Idaho secretary of state's office announced that the measure had qualified for the November 2018 ballot after 59,000 signatures were found to be valid and thresholds were found to be met in 20 of Idaho's 35 legislative districts. To qualify, proponents needed to submit 56,192 valid signatures and meet thresholds in at least 18 of Idaho's 35 legislative districts.

    Context from past years

    In 2016, there was a surge in the number of citizen-initiated measures; 76 initiatives and veto referendums were put on the ballot. This was more citizen-initiated measures than we've seen since 2006.

    For initiatives to reach the ballot, they must first be filed for the various approval processes in each state and circulated for signature gathering. Only a small percentage of the initiatives filed actually make the ballot. For example, for the 2016 election cycle, an above-average 1,069 initiatives were filed with state officials. This resulted in 2016's 76 certified citizen-initiated measures, a success rate of 7 percent. Since 2010, Maryland (75%), South Dakota (73%), North Dakota (47%), Alaska (43%), and Maine (32%) had the highest success rates on average. Maryland has a veto referendum process but no initiative process; since 2010, four veto referendums have been filed, and three made the ballot.

    Ultimately, 947 initiatives were filed for circulation targeting 2018 elections. For the 2016 election cycle, 1,069 initiatives were filed targeting the 2016 ballot. In 2010, 2012, and 2014, the average total number of initiatives filed with state officials was about 610. Of the 26 states that feature an initiative process, 2018 initiatives or veto referendums were filed for circulation in 23 of them. Topics range from marijuana legalization, minimum wage, healthcare, and right to work to taxes, education, election and campaign finance rules, and redistricting. Click on the links below to see information about initiatives in each state.

    Illinois, Maryland, and New Mexico had no filings as of November 1, 2017. Maryland and New Mexico feature the veto referendum power but do not have a process for ballot initiativess. Illinois' initiative process has severe subject restrictions limiting initiatives to procedural elements of laws governing the state legislature.

    On average since 2010, the most initiatives were filed in Washington, California, and Colorado, where more than 100 are filed for any given even-numbered year on average. California has seen the highest average number of successful initiative attempts. For 2018, Missouri featured the most filings at 373—more than three and a half times the state's average of 97 since 2010.

    The map and expandable chart below show the average success rates per year of filed initiatives and referendums (I&R) in each state over the last eight years (in even-numbered years).

    Initiative filings in even-numbered years
    Year # filed # certified
    2018 947 68
    2016 1,069 76
    2014 616 40
    2012 566 63
    2010 606 50

    The percentage of filed initiatives that reach the ballot does not necessarily correlate with the ease or difficulty of putting an initiative on the ballot in that state. Some states make filing more difficult or more expensive, making only more serious petitioners take that first step. In some states, initiative proponents file multiple versions of substantively the same initiative and ultimately put their efforts behind one.

    The data—including the specific success percentage rates—represented by the map above is available below and can be expanded by clicking show.

    See also

    Related articles

    Footnotes

    1. ↑ This number includes citizen-initiated measures, legislative referrals, and an automatically referred measure.
    2. ↑ This number was accurate as of July 11. Signatures have been submitted and are pending verification or are still being collected for additional citizen initiatives.
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