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State Ballot Measure Monthly: July 2021
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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 17 through July 15.
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Number of certifications in past years
Odd-numbered years:
- An average of 22 measures were certified for odd-year ballots by this point from 2011 through 2019.
- An average of 31 statewide measures were eventually certified for odd-year ballots from 2011 to 2019.
Even-numbered years:
- An average of 41 measures were certified for the following even-year ballots by this point from 2011 through 2019.
- An average of 172 statewide measures were eventually certified for even-year ballots from 2012 to 2020.
2021 certifications
From June 17 through July 15, four statewide measures were certified for the Nov. 2 ballot in Maine and New Jersey.
June 21:
- New Jersey Raffle Money for Organizations Amendment (2021) - This amendment would allow all of the organizations permitted to hold bingo or raffles to use proceeds to support their groups. The New Jersey Constitution limits bingo and raffles to several types of organizations, including
- veterans, charitable, educational, religious, and fraternal organizations;
- civic and service clubs;
- senior citizen associations; and
- volunteer fire companies and volunteer first-aid and rescue squads.
- Of these organizations, veterans and senior citizen organizations were allowed to use proceeds from bingo or raffles to support their groups. The other organizations were prohibited from doing so. Both chambers of the legislature unanimously voted to place the measure on the ballot.
June 24:
- New Jersey Sports Betting on State College Athletics Amendment (2021) - This amendment would allow wagering on postseason college sports competitions held in the state and competitions in which a New Jersey-based college team participates. The state constitution permits sports betting with those two exceptions. On June 3, the Senate voted 36-1 to place the measure on the ballot. On Jun 24, the Assembly voted 70-4 to place the amendment on the ballot.
July 2:
- Maine Right to Produce, Harvest, and Consume Food Amendment (2021) - This amendment would add to the state constitution a "right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing." On June 10, the House voted 106-31 to place the measure on the ballot. House Democrats voted 75-2 in favor of the amendment. Twenty-six Republicans voted in favor of it, and 29 voted against it. The four independent and minor party House members voted in favor. On July 2, the Senate voted to place the measure on the ballot. Vote totals were not recorded in the Senate.
July 6:
- Maine Transportation Infrastructure Bond Issue (2021) - This measure would issue $100 million in general obligation bonds for transportation infrastructure projects. It would allocate $85 million for the construction, reconstruction, and rehabilitation of Priority 1, Priority 2, and Priority 3 highways and bridges. It would earmark $15 million for facilities or equipment related to transit, freight and passenger railroads, aviation, ports and harbors, marine transportation, and active transportation projects. The state constitution requires voter approval for any general obligation bonds exceeding $2 million. Both chambers of the legislature must pass bond measures by a two-thirds vote and the governor must sign them to put them on the ballot. On June 30, both chambers of the legislature voted to put the measure on the ballot. Gov. Janet Mills (D) signed the measure on July 6.
2022 certifications
From June 17 through July 15, three statewide measures were certified for the Nov. 8 ballot in Arizona and Oregon.
June 24:
- Oregon Measure 112, Remove Slavery as Punishment for Crime from Constitution Amendment (2022) - This amendment would repeal language in the state constitution that makes an exception from the prohibition on slavery and involuntary servitude for criminal punishment. It would also add language that authorizes an Oregon court or a probation or parole agency to order alternatives to incarceration as part of sentencing. On June 22, the House voted 51-7 to place the measure on the ballot. On June 24, the Senate voted 25-4 to place the measure on the ballot.
- In 2022, Tennessee voters will also be deciding on a constitutional amendment to remove language that allows the use of slavery and involuntary servitude as criminal punishments. In 2018 and 2020, voters in Colorado, Nebraska, and Utah voted on similar measures.
June 25:
- Arizona Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment (2022) - This amendment would allow the legislature to amend or repeal voter-approved ballot initiatives if any portion has been declared unconstitutional or invalid by the Arizona Supreme Court or U.S. Supreme Court. The legislature cannot amend or repeal voter-approved ballot initiatives due to Proposition 105 (1998), also known as the Voter Protection Act. Prop. 105 provided an exception for changes that further the measure's purpose and receive a three-fourths vote in each legislative chamber.
- Arizona is one of two states—the other being California—that prohibits legislative alterations to voter-approved ballot initiatives. Eleven of 21 states that have citizen-initiated state statutes do not restrict legislative alterations. Four states have restrictions on how soon state legislators can repeal or amend initiative statutes, ranging from two to seven years. Six states have supermajority requirements for the legislature to repeal or amend initiative statutes.
June 29:
- Arizona Single-Subject Requirement for Ballot Initiatives Amendment (2022) - This amendment would require that citizen-initiated ballot measures embrace a single subject.
- Of the 26 states with at least one type of statewide citizen-initiated measure, 16 have single-subject rules. Arizona is one of 10 states without a single-subject rule for ballot initiatives.
Initiative to repeal Michigan law granting governors emergency powers certified to state the legislature
On July 13, the Michigan Board of State Canvassers certified an initiative to the legislature that would repeal the Emergency Powers of Governor Act (EPGA), also known as Public Act 302 (PA 302) of 1945. The Michigan Legislature has 40 days to approve the initiative. The EPGA was designed to empower the governor to issue rules and regulations to bring emergencies under control and protect life and allow violations of these rules and regulations to be punished as misdemeanors. The initiated measure is an indirect initiative, meaning the legislature can approve the initiative, without the governor’s signature needed. If the legislature does not approve the initiative, it goes on the Nov. 8, 2022 ballot.
On July 15, 2021, the Senate voted 20-15 to approve the measure. Senate Republicans voted in favor of the measure, and Senate Democrats voted against it. Republicans control both chambers of the Michigan State Legislature, and simple majorities are needed in each chamber to pass the initiative.
The campaign Unlock Michigan filed the initiative in June 2020, about three months after Gov. Gretchen Whitmer (D) issued the first coronavirus-related disaster declaration. On Oct. 2, 2020, the campaign reported submitting 539,000 signatures. Also on Oct. 2, the Michigan Supreme Court, in a 4-3 decision, struck down the EPGA as unconstitutional. Unlock Michigan continued to advocate for the law’s repeal to prevent the court from issuing a different opinion on the law in the future. On April 19, elections staff reported that, based on a random sample, a projected 460,358 signatures were valid. The minimum number of required signatures was 340,047.
On April 22, 2021, the Board of State Canvassers voted 2-2 on certifying the petition as sufficient. The divided vote meant that the motion failed. The Board's two Republicans voted in favor, and the Board's two Democrats voted in opposition. On June 11, 2021, the Michigan Supreme Court unanimously ruled that the Board "has a clear legal duty to certify the petition,” which the Board did on July 13, 2021.
Fred Wszolek, a representative for Unlock Michigan, responded to the initiative’s certification, “We’re looking forward to the next and final step on this long road: passage by the Michigan House and Senate of our initiative to repeal this law so abused by Gov. Whitmer.” Mark Fisk, a representative for the opposition campaign Keep Michigan Safe, also responded, “Unlock Michigan’s brazen partisan power grab will further reduce our state’s ability to save lives during public health emergencies like the COVID-19 pandemic and handcuff future generations of leaders from acting decisively in times of crises.”
The campaign Unlock Michigan received $2.81 million through April 20, 2021. Donors included the nonprofits Michigan Citizens for Fiscal Responsibility ($1.78 million) and Michigan! My Michigan! ($450,000), as well as University of Michigan Regent Ron Weiser ($100,000). Opponents of the proposal organized Keep Michigan Safe, which raised $843,180, including $750,000 from the nonprofit organization Road To Michigan's Future.
On July 13, the Board of State Canvassers also approved language for Unlock Michigan’s second ballot initiative, allowing the campaign to begin a signature drive. After the Michigan Supreme Court struck down the EPGA, Gov. Whitmer and the Michigan Department of Health were able to continue emergency regulations under Public Health Code. Unlock Michigan’s new proposal would limit state and local epidemic emergency orders to 28 days unless the jurisdiction's legislative body approves a resolution to continue the emergency order.
In May, Pennsylvania became the first state to vote on a governor’s emergency powers following coronavirus-related regulations. Voters approved two constitutional amendments allowing the legislature to extend or terminate the governor's emergency declaration by a simple majority vote and limiting the governor's emergency declaration to 21 days.
Federal court blocks enforcement of $3,000 limit on contributions to Florida initiative campaigns during signature gathering
On July 1, U.S. District Court Judge Allen Winsor issued a preliminary injunction blocking the enforcement of Florida Senate Bill 1890. SB 1890 was designed to set a $3,000 limit on campaign contributions to ballot initiative committees until the secretary of state certifies the initiative for the ballot.[1]
Winsor wrote that the state “bears the burden of justifying restrictions on political expression by advancing at least ‘a significantly important interest’ that is ‘closely drawn to avoid unnecessary abridgment of associational freedoms.' [...] Binding decisions from the U.S. Supreme Court and the 5th Circuit (Court of Appeals) applied those principles and concluded that the First Amendment forbids limitations like those SB 1890 imposes."[2]
Florida House Speaker Chris Sprowls (R) responded to the ruling, “The citizen initiative system was designed to be a mechanism for grassroots expression not a shortcut for billionaires to bypass the political process. SB 1890 contained limited and narrowly tailored measures to protect the integrity of the signature-gathering process."
The Senate passed the bill 23-17 on April 14. Twenty-three Republicans were in favor, and 16 Democrats and one Republican were opposed. The House passed the bill 75-40 on April 26. All 75 voting Republicans were in favor, and all 40 voting Democrats were opposed. Gov. Ron DeSantis (R) signed the bill on May 7.
On May 8, the ACLU of Florida along with three initiative petition campaigns filed the lawsuit seeking a preliminary injunction. The lawsuit cited previous U.S. Supreme Court rulings that overturned limitations on campaign contributions for ballot measure committees, including Citizens Against Rent Control v. City of Berkeley (1981), First National Bank of Boston v. Bellotti (1978), and Buckley v. Valeo (1976). The U.S. Supreme Court has ruled that political contributions are free speech and cannot be limited without a compelling state interest, such as to prevent corruption and bribery. The court has also ruled that “referenda are held on issues, not candidates for public office. The risk of corruption perceived in cases involving candidate elections simply is not present in a popular vote on a public issue.”
See also
- 2021 ballot measures
- 2022 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot initiatives filed for the 2021 ballot
- Ballot Measure Scorecard, 2021
- Ballot Measure Scorecard, 2022
- Ballotpedia's Tuesday Count for 2021
- Ballotpedia's Tuesday Count for 2022
Related articles
Footnotes
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