State Ballot Measure Monthly: June 2016

Ballot Measure Monthly
2016 Measures
Total certified	157
Total proposed	1,000+

By Jessica Dravecky

Fourteen statewide ballot measures were certified for the ballot in June. Therefore, at the end of June, the total count for ballot measures in 2016 stood at 103. As has been the trend so far this year, the number of certified measures for 2016 is still down from the 130 measures that were certified by this time in 2014. However, as of July 1, 2016, citizen initiatives made up 39 out of the 103 ballot measures with guaranteed spots on the ballot this year. This compares to about 16 citizen initiatives certified for the ballot by this time in 2014. By the end of June, at least one signature filing deadline had passed in 17 states.

HIGHLIGHTS

Two measures relating to the death penalty qualified for the ballot in California; one would repeal the death penalty, while one would change procedures related to death penalty appeals and petitions.

With the qualification of the North Dakota Expansion of Rights for Crime Victims Initiative, voters in North Dakota will join voters in Montana and South Dakota in voting on the expansion of crime victims' rights.

The California "Fair Wage Act of 2016" $15 Minimum Wage Initiative was withdrawn by proponents following the passage of a $15-per-hour minimum wage law by the legislature.

June certifications and news

• Oklahoma One Percent Sales Tax, State Question 779: If this initiated constitutional amendment is passed by voters in November, the sales tax in Oklahoma would increase by one percent to generate over $600 million in annual revenue to be dedicated to funding education throughout the state. More than half of the estimated revenue would go toward raises for teachers, who have not received across-the-board raises in eight years. The remainder of the revenue would go toward higher education, grants, early childhood programs, and vocation and technology education.
• Oregon Measure 97: This initiated state statute would raise corporate income taxes on businesses with annual incomes of more than $25 million. If the measure passes, Oregon would go from having the lowest corporate income tax rate in the United States to having the highest rate.
• California Overturn of Citizens United Act Advisory Question: As an advisory question, this measure will not result in any changes to any laws or constitutional amendments if passed in November. The measure would ask the elected officials of California to use their influence and authority to overturn the Citizens United v. Federal Election Commission decision of 2010. The measure was initially proposed by the legislature in 2014 but was delayed due to a lawsuit.
• North Dakota Expansion of Rights for Crime Victims Initiative: If passed, this initiated constitutional amendment would expand crime victims' rights to require that they be given the option to be present at all criminal proceedings, ensure they are given restitution before the government, require they be promptly notified if the accused is released or escapes, prohibit unreasonable delays during the offender's trial, and allow victims to refuse a deposition or interview request from the defendant's representation. The type of crime victim legislation addressed by this measure is often referred to as a "Marsy's Law." California voters approved a Marsy's Law measure in 2008, and the majority of other Marsy's Law initiatives since then have been modeled after that version. Voters in Montana and South Dakota were presented with Marsy's Law measures as well.
• California Death Penalty Repeal: This measure was placed on the ballot as an initiated state statute and would repeal the death penalty in California. The measure would replace the death penalty with a maximum sentence of life in prison without the possibility of parole and would apply retroactively to those already sentenced to death. In addition, the measure would increase the portion of wages earned by those sentenced to life without parole that can be applied to any victim restitution fines.
• California Proposition 63, Background Checks for Ammunition Purchases and Large-Capacity Ammunition Magazine Ban: The "Safety for All" Initiative is a gun control initiative aimed at prohibiting the possession of large-capacity ammunition magazine, requiring background checks for ammunition purchases, and requiring ammunition to be sold through licensed vendors. The measure would also prevent persons convicted of stealing firearms from possessing firearms.
• California "Fair Wage Act of 2016" $15 Minimum Wage Initiative: This measure was proposed for the ballot as an initiated state statute, but was withdrawn by proponents on June 23, 2016, due to the passage of a $15-per-hour minimum wage law by the California State Legislature. The initiative was designed to raise the state's minimum wage to $15 per hour by 2021. Prior to the passage of the new minimum wage law, this initiative also faced a competing measure known as the "Raise California's Wage and Paid Sick Days Act." The proponents of this measure ceased their signature collection efforts soon after the new law was passed by the legislature.
• California Proposition 54, Public Display of Legislative Bills Prior to Vote: This measure was placed on the ballot as an initiated constitutional amendment. If passed, it would prohibit the legislature from passing any bill unless it had been in print and published on the internet for 72 hours prior to the vote. The measure would also require the legislature to record proceedings and post them on the internet.
• California Marijuana Legalization Initiative: If approved by voters, this measure would legalize marijuana and hemp under state law. The initiated state statute would also provide for taxation on marijuana sales and for labeling, advertising, and marketing standards and restrictions. As of May 13, 2016, the support campaign for the measure had raised more than $6 million, while the opposition campaign had only raised $135,000.
• Massachusetts Question 1: This measure was designed to allow the Gaming Commission to issue one additional slots license to permit the operation of a gaming establishment with no table games and up to 1,250 slot machines. As an indirect initiated state statute, proponents needed to gather at least 64,750 valid signatures by December 2, 2015, to present the measure to the legislature. The legislature did not take action on the measure by May 3, 2016, which meant that proponents needed to submit an additional 10,792 signatures by July 6, 2016, to qualify for the ballot.
• California Carry-Out Bag Revenue Initiative: If approved by voters in November, this initiated state statute would redirect money collected from the sale of paper or reusable carry-out bags by grocery or retail stores to a special fund administered by the Wildlife Conservation Board. The funds would support specific categories of environmental projects such as drought mitigation; recycling; clean drinking water supplies; state, regional, and local parks; beach cleanup; litter removal; and wildlife habitat restoration.
• California Tax Extension to Fund Education and Healthcare Initiative: This initiated constitutional amendment was designed to extend the temporary personal income tax increases approved in 2012 on incomes over $250,000 for 12 years, and to provide that the revenue be dedicated to education and healthcare funding. The measure would allocate up to $2 billion per year for healthcare programs and would provide that 89 percent of revenues dedicated to education would be applied to K-12 schools. The remaining 11 percent of education funds would be allocated to community colleges. If the measure does not pass, the income tax increase passed in 2012 will begin to be phased out in 2018.
• California Healthcare, Research and Prevention Tobacco Tax Amendment: This measure qualified for the ballot as an initiated constitutional amendment, and would increase the cigarette tax from $0.87 to $2.00 per pack. An equivalent tax increase would also be applied to other tobacco products and electronic cigarettes. Revenue from the increased taxes would be allocated to healthcare programs, tobacco use prevention/control programs, tobacco-related disease research and law enforcement, University of California physician training, dental disease prevention programs, and administration.
• California Parole and Juvenile Trial Opportunity Modification Initiative: If approved by voters in November, this measure would increase parole chances for felons convicted of nonviolent crimes and provide more opportunities for felons to earn credits for good behavior. The measure would also allow judges, instead of prosecutors, to decide whether to try some juveniles as adults. It is estimated that about 25,000 nonviolent felons in the state could seek early release and parole if the measure is passed. The California District Attorneys Association filed a lawsuit against the initiative following amendments made by petitioners, arguing that the amendments changed the initiative substantially and that proponents should start over with a new petition. The judge ruled in favor of the district attorneys, but the California Supreme Court overturned the ruling on an appeal by initiative proponents. This measure is a combined initiated constitutional amendment and state statute, which means if it is approved, it will change both the constitution and one or more state statutes.
• California Death Penalty Procedure Regulation Initiative: This initiated state statute would change procedures governing state court appeals and petitions challenging death penalty convictions and sentences if approved by voters. The measure would designate superior courts for initial petitions and limit successive petitions, impose time limits on state court death penalty reviews, and require appointed attorneys who take noncapital appeals to accept death penalty appeals. The measure also provides that any other approved measures related to the death penalty would be null and void if this measure receives more "yes" votes.

See also

• Ballotpedia's Tuesday Count for 2016
• 2016 ballot measures
• Potential 2016 ballot measures
• Local ballot measure elections in 2016

Footnotes

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