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State Ballot Measure Monthly: June 2018

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June 14, 2018

By Ballot Measures Project staff

One hundred eight (108) statewide ballot measures in 31 states have been certified for 2018 ballots so far. In the last month, thirteen (13) new statewide measures were certified to go before voters in 2018 and one measure was removed from the ballot by a court ruling.

HIGHLIGHTS
  • Over the last month, 13 statewide measures were certified for the ballot, and one was removed.
  • Of the 13 measures certified, seven were citizen initiatives, one was a legislatively referred state statute, and five were constitutional amendments referred to the ballot by state legislatures.
  • Two marijuana-related initiatives were certified: a recreational marijuana legalization initiative in Michigan and a medical marijuana initiative in Utah.
  • Redistricting and Medicaid expansion initiatives were also certified in Utah.
  • States with 2018 measures
    State Number State Number
    Alabama 4 Alaska 1
    Arizona 3 Arkansas 2
    California 10 Colorado 6
    Connecticut 2 Florida 13
    Georgia 5 Hawaii 2
    Indiana 1 Kentucky 1
    Louisiana 6 Maine 2
    Maryland 2 Massachusetts 2
    Michigan 1 Missouri 3
    Montana 2 Nevada 5
    New Hampshire 2 New Mexico 6
    Ohio 1 Oklahoma 5
    Oregon 2 South Carolina 1
    South Dakota 6 Utah 7
    Virginia 2 West Virginia 2
    Wisconsin 1

    May 14 - June 14
    Total certified[1] Initiatives filed
    2018 108[2] +12 947[3]


    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. By the second Tuesday of June, the 2018 certification count was close to the certification count of 2016 by that time of the year. The average number of certified measures for even-numbered years from 2010 through 2016 was 126 by the second Tuesday of June. 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. See the chart in the following section for a full list and timeline of certifications.

    2018 certifications

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

    From May 14 through June 14, 2018, the following measures were certified for the ballot on the dates listed:

    May 14:

    • Louisiana Phase-In of Tax Increases from Property Reappraisal Amendment - This amendment would require that tax increases from reappraisals—estimates of a property’s market value—resulting in a property's value increasing more than 50 percent be phased in over the course of four years. The measure would also state that taxing authorities, such as local governments and school districts, would not be allowed to adjust the tax rate to make up for lost revenue from the phase-in requirement. On May 11, 2018, the Louisiana House of Representatives approved an amended version of SB 164 in a vote of 79 to nine with 17 members absent. The constitutional amendment required 71 votes in the state House. On May 14, 2018, the state Senate passed the final version of SB 164 in a vote of 38 to zero with one member absent.

    May 15:

    • Louisiana Unanimous Jury Verdict for Felony Trials Amendment - This amendment would require the unanimous agreement of jurors to convict people charged with felonies. As of 2018, Louisiana requires the agreement of 10 of 12, or 83 percent, jurors to convict people charged with felonies. The measure would not affect juries for offenses that were committed before January 1, 2019. On May 14, 2018, the Louisiana House of Representatives passed an amended version of SB 243 in a vote of 84 to 15 with six members absent. The amendment needed 71 votes to pass. As the state House amended SB 243, a concurrence vote was needed in the state Senate. On May 15, 2018, the state Senate approved the final version of SB 243 in a vote of 28 to seven with four members absent

    May 17:

    • California Proposition 13 Tax Transfer Initiative - This initiative would allow homebuyers who are age 55 or older or severely disabled to transfer the tax-assessed value from their prior home to their new home, no matter (a) the new home's market value; (b) the new home's location in the state; or (c) the number of moves. On May 17, 2018, the secretary of state's office announced that the random sample of signatures indicated that 731,019 signatures were valid—145,612 more than was required. As 960,361 signatures were filed, the validation rate was 78.92 percent.
    • Louisiana Special Assessment for Homes in Trusts Amendment - This amendment would allow special assessments on a home in trust for a resident who is the settlor of the trust and is disabled veteran or the surviving spouse of a person who died while performing their duties as a first responder, active duty member of the military, law enforcement officer, or fire protection officer. On May 16, 2018, the Louisiana House of Representatives approved an amended version of SB 163 in a vote of 84 to zero with 20 members absent. On May 17, 2018, the state Senate gave final approval to SB 163, voting 31 to 0 with eight members excused and certifying the measure for the November 2018 ballot.

    May 18:

    • Louisiana Felons Disqualified to Run for Office for Five Years - This amendment was approved by the state House on May 17 and by the state Senate on May 18, certifying it for the November 2018 ballot. It would prohibit convicted felons, unless pardoned, from seeking or holding a public office until five years after the completion of their sentences.
    This measure was introduced as House Bill 1460 by Rep. Jean Evans (R-99). When it was first introduced, it only included provisions regarding the exemption for Olympic prizes. It passed the House on February 15, 2018. In the Senate, a substitute was approved including the provisions regarding the gas tax increase and the traffic reduction fund and adding the provision referring the measure to the ballot. This amended version was approved in the Senate on May 17, 2018, in a vote of 24 to eight, with one absent. In the Senate, six of 24 Republicans and three of nine Democrats voted against the bill. The House approved the measure on May 18, 2018, in a vote of 88 to 60 with 13 absent or not voting. In the House, 34 Democrats voted in favor, seven voted against, and six were absent; Republicans were pretty evenly split, with 54 voting in favor, 53 voting against, and seven absent or not voting. As a referral to voters, HB 1460 did not require the signature of the governor.

    May 29:

    • Utah Medicaid Expansion Initiative - This initiative would:
      • Provide Medicaid for persons under the age of 65 and with incomes equal to or below 138 percent of the federal poverty line and
      • Increase the sales tax from 4.70 to 4.85 percent to finance the state's portion of the costs to expand Medicaid.
    On May 29, 2018, the lieutenant governor certified the measure for the ballot. Proponents submitted 147,280 valid signatures in 26 of 29 state Senate districts. To qualify for the ballot, the initiative needed at least 113,143 valid signatures statewide and needed to meet signature thresholds in at least 26 of 29 state Senate districts.
    • Utah Medical Marijuana Initiative - This initiative would legalize the medical use of marijuana for individuals with qualifying medical illnesses. On May 29, 2018, the lieutenant governor certified the measure for the ballot. Proponents submitted 153,894 valid signatures in 27 of 29 state Senate districts. To qualify for the ballot, the initiative needed at least 113,143 valid signatures statewide and needed to meet signature thresholds in at least 26 of 29 state Senate districts.
    • Utah Independent Redistricting Commission Initiative - This initiative would create a seven-member independent redistricting commission to draft maps for congressional and state legislative districts. On May 29, 2018, the lieutenant governor certified the measure for the ballot. Proponents submitted 150,082 valid signatures in 26 of 29 state Senate districts. To qualify for the ballot, the initiative needed at least 113,143 valid signatures statewide and needed to meet signature thresholds in at least 26 of 29 state Senate districts.

    May 30:

    • California Limits on Dialysis Clinics' Revenue and Required Refunds Initiative - This initiative would require dialysis clinics to issue refunds to patients or patients' payers for revenue above 115 percent of the costs of (a) direct patient care, such as wages and benefits of non-managerial clinic staff who furnish direct care to patients and pharmaceuticals and medical supplies, and (b) healthcare improvements, such as staff training and patient education and counseling. Revenue earned above the 115 percent cap would need to be refunded to patients or the patients' payers, such as insurers, each year. Clinics that do not issue required refunds within 210 days after the end of the fiscal year would be fined in an amount equal to 5 percent of their total required refunds, but not to exceed $100,000. On May 30, 2018, the secretary of state announced that enough signatures had been validated for the initiative to appear on the ballot. The random sample of signatures found that an estimated 405,037 signatures (71.15 percent of those submitted) were valid.

    June 5:

    • Michigan Marijuana Legalization Initiative - This initiative would legalize the recreational use and possession of marijuana for persons 21 years of age or older and enact a tax on marijuana sales. On April 23, 2018, the staff of the Michigan Department of State finished a random sample of signatures for the initiative. A total of 277,370 signatures were estimated as valid—24,847 more signatures than was required. On April 26, 2018, the state Board of Canvassers approved the staff's report, sending the initiative to the Michigan State Legislature for consideration. The Michigan State Legislature had 40 days—until June 5, 2018—to adopt or reject the proposal. As the legislature took no action on the proposal the measure was placed on the general election ballot for November 6, 2018.

    June 12:

    • California Three States Initiative - This initiative would require the governor to ask Congress to divide the state of California into three states: California, Northern California, and Southern California. On June 12, 2018, the secretary of state's office certified signatures for the ballot initiative, making the measure eligible to appear on the ballot for the election on November 6, 2018. On August 18, 2017, Tim Draper submitted a letter requesting a title and summary for the initiative. The attorney general's office issued ballot language on October 24, 2017, allowing proponents to begin collecting signatures.

    2018 removals

    May 18:

    • South Dakota Initiated Measure 26: the Drug Price Standards Initiative - This initiative was certified for the ballot by the secretary of state on April 11, 2018. A lawsuit was filed, however, arguing that some of the initiatives counted as valid by the secretary of state were invalid. The South Dakota Sixth Judicial Circuit temporarily blocked the initiative from the ballot pending a hearing in August allowing additional evidence of signature validity. This initiative was designed to require the state and state agencies to pay the same or lower prices for prescriptions drugs as the U.S. Department of Veterans Affairs (VA)—a department that negotiates drug prices with companies and typically receives a 24 percent discount for prescription drugs.

    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.

    As of March 1, 2018, 840 initiatives had been filed for circulation targeting 2018 elections. By March 1, 2016, 955 initiatives had been 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 what initiatives are circulating in your 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 has seen the most filings at 360—more than three and a half times the state's average of 97 since 2010. Look into the signature submission deadlines for 2018 initiatives and veto referendums to understand the timeline for each state.

    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. 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.
    2. This number includes citizen-initiated measures, legislative referrals, and an automatically referred measure. So far, 25ds measures have qualified for the ballot through signature petition drives.
    3. This was current as of May 8, 2018.