State Ballot Measure Monthly: July 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 June 15 through July 15. Sixteen (16) new measures were certified for the Nov. 3 ballot in California, Georgia, Louisiana, Massachusetts, Michigan, Mississippi, Oregon, and Washington. One measure in Colorado was moved from the 2020 ballot to the 2021 ballot, and one measure was withdrawn from the California ballot.
To date, 108 statewide measures in 33 states have been certified for this year's ballot. Alabama, California, and Maine voters decided three measures on March 3. Wisconsin voters decided one measure on April 7. Oklahoma voters decided one measure on June 30. Maine voters decided two measures on July 14. Missouri voters will decide one measure on Aug. 4. The remaining 100 measures are on the Nov. 3 ballot.
In addition to the certified measures, proponents of 16 additional ballot initiatives in seven 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 July, 135 measures had been certified for the 2018 ballot.
- Ultimately, 167 measures were on the ballot in 2018.
- 2016: By the second week of July, 124 measures had been certified for the 2016 ballot.
- Ultimately, 162 measures were on the ballot in 2016.
- 2014: By the second week of July, 136 measures had been certified for the 2014 ballot.
- Ultimately, 158 measures were on the ballot in 2014.
- 2012: By the second week of July, 145 measures had been certified for the 2012 ballot.
- Ultimately, 188 measures were on the ballot in 2012.
2020 certifications
From June 15 to July 15, 16 new statewide measures were certified for the Nov. 3 ballots, one measure was moved from 2020 to 2021, and one measure was withdrawn.
June 16:
- Georgia Amendment 2, Allow Residents to Seek Declaratory Relief from Certain Laws Amendment (2020) - This amendment was approved unanimously in both chambers of the Georgia Legislature. It would waive the state's sovereign immunity and allow residents to seek declaratory relief from state or local laws that violate the state constitution, the U.S. Constitution, or state law. Amendment sponsor Rep. Andrew Welch (R) said, "It was only five years ago that you could bring suit against a local government or the state government to enjoin an unconstitutional action. The Supreme Court has rendered decisions that have changed that. And thus, it is for our responsibility as legislators to put before the people a check on that judicial decision."[4]
June 22:
- California Proposition 14, Stem Cell Research Institute Bond Initiative (2020) - This citizen initiative would issue $5.5 billion general obligation bonds for the California Institute for Regenerative Medicine (CIRM), which was created to fund stem cell research. It would also make changes to the institute's governance structure and programs. On May 5, the campaign behind the initiative submitted 924,216 signatures for the ballot initiative. At least 623,212 (67.43 percent) of the signatures needed to be valid. On June 22, the office of Secretary of State Alex Padilla announced that a random sample of signatures projected that 78.14 percent were valid, allowing the initiative to appear on the November ballot.[5]
- In 2004, voters approved Proposition 71, which created CIRM, issued $3.00 billion in bonds to finance CIRM, and established a state constitutional right to conduct stem cell research.[6] As of October 2019, CIRM had $132 million in funds remaining.[7] On July 1, 2019, CIRM suspended applications for new projects due to depleted funds.[8]
June 24:
- California Proposition 24, Consumer Personal Information Law and Agency Initiative (2020) - The initiative would expand the provisions of the California Consumer Privacy Act of 2018 (CCPA), create the California Privacy Protection Agency, and remove the ability of businesses to fix violations before being penalized for violations.[9]
- Unlike the CCPA, which the legislature passed, the initiative couldn't be amended without voter approval due to the state constitution's limits on legislative alteration. Alastair Mactaggart, a San Francisco-based real estate developer, sponsored the 2018 initiative campaign that led to the CCPA in 2018 and is sponsoring Proposition 24. "The only thing I want to make sure is they can’t undo the act," said Mactaggart, "There is basically unlimited resources on one side of the fight. If you don’t do anything, they will win eventually."[10]
- California Proposition 17, Voting Rights Restoration for Persons on Parole Amendment (2020) - Proposition 17 is a constitutional amendment that would allow people on parole for felony convictions to vote in California. Currently, the California Constitution disqualified convicted felons from voting until their imprisonment and parole are completed.[11]
- California Proposition 16, Repeal Proposition 209 Affirmative Action Amendment (2020) - Proposition 16 is a constitutional amendment that would repeal Proposition 209, passed in 1996, from the California Constitution. Proposition 209 stated that discrimination and preferential treatment were prohibited in public employment, public education, and public contracting on account of race, sex, color, ethnicity, or national origin. Therefore, Proposition 209 banned the use of race-based and sex-based affirmative action in California.[12]
- Michigan Proposal 2, Search Warrant for Electronic Data Amendment (2020) - The Michigan Legislature unanimously voted to put the amendment on the ballot. It would require a search warrant to access electronic data or electronic communications. The proposal also states that electronic data and electronic communications are secure from unreasonable searches and seizures.[13]
- Sen. Jim Runestad (R-15), the lead legislative sponsor of the constitutional amendment, stated, "The failure of our laws to address this new reality is not only a threat to our liberties today. It is a threat to the future liberties of generations to come. The Fourth Amendment still matters. We don’t know what technological advances will come next, but one thing is for sure, after 246 years of us Americans, our right to privacy still matters."[14]
- Washington Referendum 90, Sex Education in Public Schools Measure (2020) - The Washington Legislature passed and the governor signed Senate Bill 5395 (SB 5395) in March 2020. Senate Bill 5395 was designed to require comprehensive sexual health education in public schools. The bill's opponents collected signatures to place SB 5395 on the ballot as Referendum 90 and are advocating for a reject vote on the referendum. A vote to approve the referendum would allow SB 5395 to go into effect. The bill is on hold pending the result of the election.[15]
June 26:
- Louisiana Amendment 7, Unclaimed Property Permanent Trust Fund Amendment (2020) - This amendment would create the Unclaimed Property (UCP) Permanent Trust Fund, with the fund earmarked for payment of claims made by owners of abandoned property. It would also allocate certain unclaimed property receipts and any investment revenue from the UCP Permanent Trust Fund to the state's general fund. The measure would also authorize the treasurer to invest up to 50% of the UCP Permanent Trust Fund in equities.
- In the 2019 and 2020 fiscal years, State Treasurer John Schroder did not transfer $32.5 million in unclaimed property revenue above the amount remitted to claimants to the general fund and said the money did not belong to the state and should be kept in case its rightful owners come forward. Governor John Bel Edwards (D) sued Schroder over his retention of the funds, which had been delivered to the general fund prior to 2019. Edwards and Schroder agreed to a deal, however, that included (a) Schroder releasing the $32.5 million and an estimated $25 million for the following fiscal year and (b) this constitutional amendment to establish a permanent fund for unclaimed property revenue starting in July 2021.
- California Proposition 18, Primary Voting for 17-Year-Olds Amendment (2020) - Proposition 18 would allow 17-year-olds who will be 18 at the time of the next general election to vote in primary and special elections. The California Legislature passed the amendment with most Democrats in favor and most Republicans opposed.[16]
- California Proposition 19, Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment (2020) - Proposition 19 would change the rules for tax assessment transfers. In California, eligible homeowners can transfer their tax assessments to a different home of the same or lesser market value, which allows them to move without paying higher taxes. Homeowners who are eligible for tax assessment transfers are persons over 55 years old, persons with severe disabilities, and victims of natural disasters and hazardous waste contamination. Proposition 19 was the result of a compromise between the California Association of Realtors (CAR), which sponsored a citizen initiative with similar provisions, and the California Legislature.[17]
June 29:
- Mississippi Ballot Measure 2, Remove Electoral Vote Requirement and Establish Runoffs for Gubernatorial and State Office Elections Amendment (2020) - The amendment would remove the state's electoral vote requirement and establish runoff elections for statewide offices. Runoff elections would occur if a candidate does not receive a majority of votes in the general election. Currently, in Mississippi, a candidate for governor or elected statewide office is required to win the popular vote and the highest number of votes in a majority of the state's 122 House districts (the electoral vote). If no candidate secures majorities of both the popular and the electoral vote, under Article V, Section 141, the Mississippi House of Representatives considers the two highest vote-getters and chooses the winner.[18][19]
June 30:
- Mississippi Ballot Measure 3, State Flag Referendum (2020) - The Mississippi Legislature passed and Governor Tate Reeves (R) signed House Bill 1796 to remove the state flag's official status and provide for the removal of the state flag within 15 days. HB 1796 also established the Commission to Redesign the Mississippi State Flag, which will present a new flag design to voters at the Nov. 3 election. The flag cannot include the Confederate battle cross and must include the words "In God We Trust." Residents may vote either yes to adopt the new flag or no to oppose adopting the new state flag. If voters reject the new proposed flag, the Commission to Redesign the Mississippi State Flag will reconvene, design another flag, and allow voters to approve or reject it at a special election in November 2021.[20]
- Oregon Measure 110, Drug Decriminalization and Addiction Treatment Initiative (2020) - This initiative would reclassify possession of controlled substances to a Class E violation with a maximum penalty of a $100 fine or a completed health assessment. Currently, possession offenses concerning drugs in Schedules I-IV are classified as misdemeanors (or felonies depending on criminal history). The initiative also proposes using part of the state's marijuana tax revenue to fund a drug addiction treatment and recovery program.
- Removal - Colorado Transportation Bond Issue (2021) - The Colorado Legislature moved this $1.837 transportation bond issue from the 2020 ball to the 2021 ballot. The legislature had previously moved the bond issue from the 2019 to the 2020 ballot.
July 1:
- Removal - California Property Tax Transfers and Exemptions Initiative (2020) - The California Association of Realtors (CAR) sponsored this initiative to change the rules for tax assessment transfers. CAR negotiated with the California Legislature to put Proposition 19, a similar, legislatively referred measure, on the ballot instead. The compromise was achieved through a conditional withdrawal of the citizen initiative version. After Proposition 19 was approved for the ballot, the June 25 deadline for withdrawing measures from the November 2020 ballot had passed. House Speaker Anthony Rendon (D-63) wrote to Secretary of State Padilla, stating, "At this point, you have no legal authority to remove Initiative #1864 from the November ballot. Our house will consider its legal options for challenging any removal of Initiative #1864 from the ballot, if that should occur." On July 1, 2020, Secretary of State Padilla removed the citizen initiative from the ballot.[21]
July 8:
- Oregon Measure 109, Psilocybin Mushroom Services Program Initiative (2020) - This citizen initiative would establish the Oregon Psilocybin Services Program under the Oregon Health Authority and allow the possession, manufacture, and delivery of psilocybin after a two year development period to operate the program. Psilocybin is derived from psilocybin mushrooms, which are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. If the initiative is approved, Oregon would be the first state to legalize psilocybin. Denver became the first U.S. city to decriminalize psilocybin mushrooms when voters approved Initiated Ordinance 301 in May 2019.
July 10:
- Massachusetts Question 2, Ranked-Choice Voting Initiative (2020) - This citizen initiative would enact ranked-choice voting (RCV) for primary and general elections for state executive officials, state legislators, House and Senate seats, and certain county offices beginning in 2022.
- Massachusetts Question 1, "Right to Repair Law" Vehicle Data Access Requirement Initiative (2020) - This citizen initiative would require manufacturers that sell vehicles with telematics systems in Massachusetts to equip them with a standardized open data platform beginning with model year 2022. Vehicle owners and independent repair facilities could then access the data platform to retrieve mechanical data and run diagnostics through a mobile-based application.
Maine voters approve transportation and internet infrastructure bond issues
- See also: Maine 2020 ballot measures
On July 14, voters in Maine approved two bond issues: Question 1 ($15 million for internet infrastructure) and Question 2 ($105 million for transportation).
Based on unofficial election night results, 75.5% and 77.5% of voters, respectively, approved the measures.
Question 1 authorized $15 million in general obligation bonds for the ConnectME Authority to provide funding for high-speed internet infrastructure in unserved and underserved areas. As of March 2020, the ConnectME Authority defined unserved areas as places where broadband service is not offered and underserved areas as places where less than 20 percent of households have access to broadband service.
Maine Question 2 authorized $105 million in general obligation bonds for transportation infrastructure projects, including:
- $90 million for highways, bridges, and MaineDOT's Municipal Partnership Initiative (MPI) and
- $15 million for multimodal facilities and equipment related to transit, freight and passenger railroads, aviation, ports, harbors, marine transportation, and active transportation projects.
The Question 2 bond revenue will be used to match an estimated $275 million in federal and other funds.
Oklahoma voters approve Medicaid expansion initiative
On June 30, Oklahoma voters approved State Question 802, a Medicaid expansion initiative, 50.5%-49.5%.
State Question 802 amended the state constitution to provide Medicaid coverage for certain low-income adults between 18 and 65 with incomes at or below 133% of the federal poverty level (FPL). For 2020, the FPL is $12,490 for individuals and $25,750 for a family of four. Because the ACA includes a 5% income disregard, this measure effectively expanded Medicaid to those with incomes at or below 138% of the federal poverty level.
Oklahomans Decide Healthcare led the campaign in support of the initiative. A spokesperson for the group said, "Expanding Medicaid will [make] our families healthier and our economy stronger. It will deliver healthcare to those who need it, including many parents, seniors, and hardworking folks who earn less than $17,000 a year. It will also bring more than a billion of our tax dollars home from Washington, D.C. every year to create jobs, boost our economy, and keep our rural hospitals open. That’s money that 36 other states that have expanded Medicaid get, but Oklahoma has lost out on for years." The Oklahoma Hospital Association, State Medical Association, Osteopathic Association, and Nurses Association supported State Question 802.
Vote No on 802 Association registered with the Oklahoma Ethics Commission to oppose State Question 802. The committee's chairman, Americans for Prosperity state director John Tidwell, said, "State Question 802, which will force Medicaid expansion, will overwhelm our already struggling state budget and hurt those that the program was intended to help. There is no question that overburdening an already fragile system will lead to cuts of core services we all rely on and trigger tax increases at a time when Oklahomans can least afford additional financial burdens. Oklahoma must vote no on State Question 802."
Voters in Missouri will decide a Medicaid expansion initiative on Aug. 4.
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Ballotpedia is covering changes to ballot measure signature petition drives, campaign activities, elections, procedures, and policies made in response to the coronavirus pandemic, as well as lawsuits filed over ballot measure deadlines and requirements.
- Ballotpedia has tracked 26 statewide initiative petition drives that suspended signature gathering.
- Seven states and D.C. changed ballot measure procedures.
- At least 18 lawsuits were filed in 13 different states seeking court orders suspending or changing signature requirements and deadlines. Rulings or settlements have been issued for 17 cases.
- At least four initiative campaigns announced that they would target the ballot for a future election instead of the 2020 ballot due to the coronavirus pandemic:.
Click here to read more.
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 July 1, 2020.
- ↑ WABE.org, "Georgia House Sends Question About Suing Government To Voters," accessed June 23, 2020
- ↑ California Secretary of State, "Final Random Sample," June 22, 2020
- ↑ California Attorney General, "Initiative 19-0022," October 10, 2019
- ↑ California Legislative Analyst, "Initiative Analysis," accessed May 6, 2020
- ↑ California Institute for Regenerative Medicine, "Breaking bad news to stem cell researchers," July 1, 2019
- ↑ California Attorney General, "Initiative 19-0021," November 4, 2019
- ↑ San Francisco Chronicle, "Consumer online privacy measure could be headed for California ballot," September 24, 2019
- ↑ California State Legislature, "ACA 6 (2019)," accessed September 5, 2019
- ↑ California State Legislature, "ACA 5," accessed May 6, 2020
- ↑ Michigan legislature, "Senate Joint Resolution G," accessed June 12, 2020
- ↑ U.S. News, "Data Protection Measure Could End up on Michigan Ballot," June 11, 2020
- ↑ Washington Secretary of State, "Proposed Referendum Measures," accessed June 11, 2020
- ↑ California State Legislature, "ACA 4," accessed August 23, 2019
- ↑ California State Legislature, "Assembly Concurrent Resolution 11," accessed May 8, 2019
- ↑ Mississippi Secretary of State, "Mississippi Constitution Adopted November 1, 1890," accessed July 1, 2020
- ↑ Mississippi State Legislature, "House Concurrent Resolution 47," accessed June 30, 2020
- ↑ Mississippi State Legislature, "House Bill 1796," accessed June 29, 2020
- ↑ Los Angeles Times, "Will California voters see two ballot measures doing the same thing?" June 29, 2020
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