State Ballot Measure Monthly: July 2023
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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 June 7 through July 11.
Nationally, 33 ballot measures have been certified in eight states for elections in 2023.
Changes in 2023 ballot measure numbers
- See also: Ballotpedia's Tuesday Count for 2023
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Comparison to earlier years
From 2011 through 2021, an average of 24 ballot measures were certified for odd-numbered year ballots during the second week of July 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 June 7 through July 11, three statewide measures were certified for the ballot in Louisiana and Maine for the elections in 2023.
June 8:
- Louisiana Ban on Private or Foreign Funding of Election Costs Amendment: The constitutional amendment would prohibit state and local governments from using funds, goods, and services donated by foreign governments or private sources for the purpose of conducting elections.[2] As of June 2023, 25 states had enacted legislation to prohibit private funding for election administration, but Louisiana is the first to decide the issue as a ballot measure.
July 6:
- Maine "Right to Repair Law" Vehicle Data Access Requirement Initiative: Voters will decide on the citizen-initiated ballot measure on Nov. 7. In Maine, initiated state statutes are indirect, meaning that after a successful signature drive, the Legislature can approve an initiative. On July 6, the Legislature adjourned without voting on the initiative. The ballot initiative, known as a Right to Repair Law, would allow motor vehicle owners and independent repair facilities to have access to the vehicle on-board diagnostic systems.[3]
- Maine Voter Approval of Borrowing Above $1 Billion by State Entities and Electric Cooperatives Initiative: The initiated state statute would require voter approval for municipal electric districts, electrification cooperatives, consumer-owned transmission utilities, and certain state entities to incur a total outstanding debt that exceeds $1 billion.[4] The ballot initiative is a response to another citizen-initiated measure, which was certified earlier this year — the Pine Tree Power Company Initiative.
2024 certifications
- See also: Ballotpedia's Tuesday Count for 2024
From June 7 through July 11, four statewide measures were certified for the ballot in Connecticut, Minnesota, and Nevada for the election on November 5, 2024.
June 12
- Arizona Emergency Declarations Amendment: COVID-19, and the debates surrounding pandemic-related regulations, restrictions, and powers, continue to influence ballot measure proposals. In Arizona, the Legislature referred a constitutional amendment to the ballot that would: (1) allow the Legislature to terminate a governor's state of emergency order and (2) provide that a state of emergency automatically terminates after 30 days unless legislators vote to extend the order.[5]
- Arizona Signature Distribution Requirement for Initiatives Amendment: The constitutional amendment would create a distribution requirement for citizen-initiated ballot measures. Signatures would need to come from each of the state's 30 legislative districts.[6] Based on our analysis of state distribution requirements, Arizona would have the largest signature distribution requirement for states with requirements based on legislative districts.
June 15
- Nevada Sales Tax Exemption for Diapers Measure: The legislative referral would amend the Sales and Use Tax of 1955 to provide a sales tax exemption for child and adult diapers.[7]
June 24
- Oregon Independent Public Service Compensation Commission Amendment: The constitutional amendment would establish the Independent Public Service Compensation Commission to determine certain public officials' salaries, including elected state executive officers, state legislators, state judges, and district attorneys.[8]
June 25
- Oregon Impeachment of Elected State Executives Amendment: There's one state where the legislature cannot impeach the governor — Oregon. That could change on Nov. 5, 2024, when voters will decide on this constitutional amendment to empower the Oregon State Legislature to impeach and remove elected state executives, including the governor. The constitutional amendment would require a two-thirds vote in the House to impeach an elected state executive, and a two-thirds vote in the Senate to convict and remove the official from office. The House could initiate an impeachment for "malfeasance or corrupt conduct in office, willful neglect of statutory or constitutional duty or other felony or high crime."[9]
- Oregon Ranked-Choice Voting for Federal and State Elections Measure: Voters will decide a ballot measure in Oregon to implement ranked-choice voting (RCV) for federal and statewide offices, including the president, U.S. senator, U.S. representative, governor, secretary of state, attorney general, state treasurer, and commissioner of labor and industries. The ballot measure would not change state legislative elections. RCV would be used in partisan primaries and general elections for these offices and take effect in 2028.[10]
Headlines
Voters in Ohio to decide Issue 1 on Aug. 8
Voters in Ohio began casting early in-person and mail-in absentee ballots for Ohio Issue 1, a state constitutional amendment, on Tue., July 11. The ballot measure will be decided in a special election on Aug. 8.
Issue 1 would make three changes to the laws governing citizen-initiated constitutional amendments in Ohio. The ballot measure would make the first change to the state's initiative signature requirements since voters approved the process in 1912. Issue 1 would:
- Require campaigns for initiated constitutional amendments to collect signatures from each of the state's 88 counties, an increase from the current requirement of 50% of the state's 88 counties. Campaigns need to collect a number of signatures equal to 5% of the vote in the last governor's election in each of the counties. This is known as a signature distribution requirement.
- Require a 60% vote for voters to approve a constitutional amendment, whether citizen-initiated or from the General Assembly. Currently, a constitutional amendment requires a simple majority vote (50% plus one) to be approved in Ohio.
- Eliminate the cure period of 10 days for campaigns to gather additional signatures for citizen-initiated constitutional amendments when the original submission did not have enough valid signatures.
Legislators passed a joint resolution for Issue 1, sending the constitutional amendment to the ballot for voters to approve or reject. Issue 1 passed 62-37 in the House, and 26-7 in the Senate. Of the House Republicans, 62 supported and five opposed the amendment, while Senate Republicans backed the proposal. House and Senate Democrats voted against Issue 1.
House Majority Whip Jim Hoops (R-81), who is co-chair of Protect Our Constitution, the campaign supporting the amendment, said Issue 1 “will not make it impossible to amend the Ohio Constitution but rather would require a higher level of consensus and support.” House Minority Leader Allison Russo (D-7), who voted against the amendment, said Issue 1 would “take away power from people and put it more firmly into politicians’ hands.”
Ohio is one of 26 states that allow for citizen-initiated ballot measures at the state level. The ballot initiative process allows citizens to propose statutes or constitutional amendments, depending on the state, and collect signatures to place their proposals on the ballot for voters to decide.
Issue 1 would make Ohio, tied with Florida, the state with the highest voter approval requirement to pass citizen-initiated constitutional amendments. This requirement would be 60%. New Hampshire, which doesn't have an initiative process, has a higher threshold — a two-thirds vote — for legislatively referred constitutional amendments.
Issue 1 would also make Ohio the only state where campaigns must gather signatures from every one of the state’s counties. Ohio has 88 counties, ranging from the 1.32-million-person Franklin County to the 12,565-person Vinton County. Colorado and Nevada also have signature distribution requirements requiring campaigns to gather signatures from each subdivision of the state. In Colorado, campaigns must collect signatures from each of the state’s 35 Senate districts, and, in Nevada, campaigns must collect signatures from each of the state’s four congressional districts.
In Ohio, the special election date – Aug. 8 – has been an area of debate between supporters and opponents of Issue 1. Rep. Scott Wiggam (R-77), who chaired the House Constitutional Resolutions Committee, referred to a citizen-initiated constitutional amendment to provide for a state constitutional right to "make and carry out one’s own reproductive decisions," including abortion. The campaign for this initiative, Ohioans for Reproductive Freedom, filed signatures on July 5. The initiative could appear on the ballot for Nov. 7, 2023. Rep. Wiggam said, “Republicans aren’t going to put it on the same ballot as the abortion issue. That’s because if they both pass with 50%-plus-one, then abortion would be protected by a 60% threshold into the future.” Issue 1 would require a 60% vote on future constitutional amendments, including in Nov. 2023. Ohioans for Reproductive Freedom has endorsed a "no" vote on Issue 1, and the campaign opposing the abortion-related amendment, Protect Women Ohio, has endorsed a "yes" vote on Issue 1.
Organizations supporting Issue 1, like the Ohio Chamber of Commerce, Ohio Farm Bureau, and Buckeye Firearms Association, have cited other possible future constitutional amendments related to business regulations, wages, firearms, hunting, and agriculture. Proponents of an initiated constitutional amendment to increase the minimum wage to $15 are collecting signatures for 2024, which Steve Stivers, CEO of the Ohio Chamber of Commerce, cited. State Rep. Brian Stewart (R-12) said Issue 1 is needed because "over the last 15 years, there’s definitely been an increase in what a lot of Republicans and conservatives would consider to be far-left ballot proposals" and "how easy it is to sort of buy a slot on the ballot." Cleveland Teachers Union President Shari Obrenski also said other issues would be affected. "We understand that it may be abortion rights now, but it’ll be workers’ rights next," said Obrenski.
Issue 1 isn’t the first time voters have decided on a constitutional amendment regarding the initiative process in Ohio. On two occasions, in 1939 and 1976, voters rejected ballot measures to change the signature requirements. In 1915, voters also rejected an amendment that sought to prevent the submission of constitutional amendments that had been rejected twice, unless six years had passed since the last vote. In 2008, voters approved a measure to change the signature submission deadline for initiatives from 90 days to 125 days before the election. Most recently, in 2015, voters ratified an amendment that prohibited the use of citizen-initiated ballot measures to establish monopolies, oligopolies, or cartels.
| Year | Type | Measure | Description | Outcome | Yes vote | No vote |
|---|---|---|---|---|---|---|
| 1915 | CICA | Prohibit Re-Submitting Twice Rejected Constitutional Amendments for Six Years Initiative | Prohibit the submission of any constitutional amendment that has been rejected more than once, unless six years have passed |  |
46.39% | 53.61% |
| 1923 | LRCA | Publication of Ballot Measures in Newspapers Amendment | Authorize the state to publish copies of ballot measures in newspapers, rather than sending copies to voters | |
41.58% | 58.42% |
| 1939 | CICA | Initiative and Referendum Signature Requirements Initiative | Replace the signature requirements based on electors with flat requirements - 100,000 signatures for constitutional amendments and 50,000 signatures for statutes | |
21.49% | 78.51% |
| 1971 | LRCA | Publication of Ballot Measures in Newspapers Amendment | Authorize the state to publish copies of ballot measures in newspapers, rather than sending copies to voters |  |
64.64% | 35.36% |
| 1974 | LRCA | Issue 3: Ballot Board and Constitutional Amendments | Provide for the Ohio Ballot Board, require the Board to prepare language for constitutional amendments, and give the state Supreme Court jurisdiction in cases challenging ballot measure language | |
71.96% | 28.04% |
| 1976 | CICA | Issue 7: Initiative and Referendum Signature Requirements Initiative | Replace the signature requirements based on electors with flat requirements - 250,000 signatures for constitutional amendments, 150,000 signatures for statutes, and 100,000 for veto referendums | |
32.80% | 67.20% |
| 1978 | LRCA | Issue 1: Ballot Board to Write Measure Language Amendment | Require the Ohio Ballot Board to write the language for legislative and citizen-initiated ballot measures | |
65.53% | 34.47% |
| 2008 | LRCA | Issue 1: Ballot Initiative Signature Deadline Amendment | Change the signature deadline for initiatives from 90 days before the election to 125 days before the election | |
68.67% | 31.33% |
| 2015 | LRCA | Issue 2: Ballot Initiatives to Create Monopolies Amendment | Prohibit the use of citizen-initiated ballot measures to grant monopolies, oligopolies, or cartels | |
51.33% | 48.67% |
See also
- 2023 ballot measures
- Ballot initiatives filed for the 2023 ballot
- Ballot Measure Scorecard, 2023
- Ballotpedia's Tuesday Count for 2023
Related articles
Footnotes
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
- ↑ Louisiana State Legislature, "House BIll 311," accessed July 11, 2023
- ↑ Maine Secretary of State, "Right to Repair Initiative," accessed January 14, 2022
- ↑ Maine Secretary of State, "An Act To Require Voter Approval of Certain Borrowing by Government-controlled Entities and Utilities and To Provide Voters More Information Regarding that Borrowing," December 7, 2021
- ↑ Arizona Legislature, "Arizona House Concurrent Resolution 2039," accessed June 13, 2023
- ↑ Arizona State Legislature, "Senate Concurrent Resolution 1015," accessed July 11, 2023
- ↑ Nevada State Legislature, "Senate Bill 428," accessed June 8, 2023
- ↑ Oregon State Legislature, "Senate Joint Resolution 34," accessed June 22, 2023
- ↑ Oregon State Legislature, "House Joint Resolution 16," accessed June 26, 2023
- ↑ Oregon State Legislature, "House Bill 2004," accessed June 26, 2023
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