State Ballot Measure Monthly: June 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 May 17 through June 17.
HIGHLIGHTS
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Number of certifications in past years
Odd-numbered years:
- An average of 17 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 39 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 2010 to 2020.
2021 certifications
From May 17 through June 17, 10 statewide measures were certified, and one measure was removed from the ballot. The Louisiana Legislature put two amendments on the Oct. 9 ballot. The other eight measures will appear on the Nov. 2 ballot.
May 18:
- Texas Proposition 4, Changes to Eligibility for Certain Judicial Offices Amendment (2021) - This amendment would make the following changes beginning on Jan. 1, 2025, to eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge:
- require candidates to be Texas residents as well as U.S. citizens;
- require 10 years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of the supreme court, Texas Court of Criminal Appeals, or a court of appeals;
- require eight years of experience in Texas as a practicing lawyer or judge of a state or county court for candidates of a district court; and
- disqualify candidates if their license to practice law was revoked or suspended during the experience requirement.
- On April 27, the Senate voted 30-1 to place the amendment on the ballot. On May 18, the House voted 120-19 to place it on the ballot.
May 19:
- Maine Electric Transmission Line Restrictions and Legislative Approval Initiative (2021) - This initiative would prohibit the construction of electric transmission lines in the Upper Kennebec Region, including New England Clean Energy Connect (NECEC). It would also require a two-thirds vote of each state legislative chamber to approve certain electric transmission line projects.
- On Jan. 21, the campaign No CMP Corridor submitted 95,622 signatures for the initiative. At least 63,067 of the signatures needed to be valid for the measure to qualify for the ballot. On Feb. 22, Secretary of State Shenna Bellows announced that 80,506 signatures were valid. Initiatives in Maine are indirect, which means initiatives first go to the legislature. If the legislature does not enact an initiative, it goes on the ballot. This initiative was introduced in the legislature on March 30 as Legislative Document 1295 (LD 1295). On May 19, LD 1295 was placed in the legislative files (dead bills) after the Agriculture, Conservation and Forestry Committee voted ought not to pass.
May 22:
- Texas Proposition 1, Authorize Charitable Raffles at Rodeo Venues Amendment (2021) - This amendment would authorize professional sports team charitable foundations to conduct raffles at rodeo venues and include professional association-sanctioned rodeos in the definition of professional sports team. On May 3, the House voted 123-17 to place the amendment on the ballot. On May 22, the Senate voted 28-2 to place the amendment on the ballot.
- Texas Proposition 5, State Commission on Judicial Conduct Authority Over Candidates for Judicial Office Amendment (2021) - This amendment would add a section to the state constitution authorizing the State Commission on Judicial Conduct to investigate and discipline candidates seeking state judicial office in the same manner as judicial officeholders. Both chambers of the legislature voted unanimously to place the amendment on the ballot.
May 23:
- Texas Proposition 8, Homestead Tax Exemption for Surviving Spouses of Military Fatally Injured in the Line of Duty Amendment (2021) - This amendment would allow the legislature to provide a homestead property tax exemption for the surviving spouse of a military member killed or fatally injured in the line of duty. The exemption is provided for the surviving spouse of a military member killed in action. On April 8, the Senate voted 29-1 to place the amendment on the ballot. On May 23, the House voted unanimously to place the amendment on the ballot.
May 27:
- Texas Proposition 6, Right to Designated Essential Caregiver Amendment (2021) - This amendment would establish a right for residents of nursing or assisted living facilities to designate an essential caregiver who cannot be prohibited from in-person visitation. On May 24, the House voted 142-1 to place the amendment on the ballot. On May 27, the Senate voted 30-1 to place the amendment on the ballot.
May 28:
- Texas Proposition 2, Authorize Counties to Issue Infrastructure Bonds in Blighted Areas Amendment (2021)- This amendment would
- authorize counties to issue bonds to fund transportation and infrastructure projects in blighted areas;
- prohibit counties from allocating more than 65% of property tax revenue increases annually to repay the bonds; and
- prohibit counties from using the funds from the issuance of the bonds to build a toll road.
- On May 26, the Senate voted 27-4 to place the amendment on the ballot. On May 28, the House voted 126-13 to place the amendment on the ballot.
June 8:
- Louisiana Amendment 4, Increase Limit on Funding Reductions and Redirections During Budget Deficits Measure (2021) - This amendment would increase from 5% to 10% the amount of funds that can be redirected to a purpose other than what was originally provided for by law or the constitution during a projected budget deficit. On June 7, the Senate voted 36-1 to place the amendment on the Oct. 9 ballot. On June 8, the House voted unanimously to place the amendment on the ballot.
June 9:
- Louisiana Amendment 3, Authorize Certain Levee Districts to Collect a Five-Mill Annual Property Tax Measure (2021) - This amendment would authorize any levee district that votes in favor of this amendment and was created between Jan. 1, 2006, and Oct. 9, 2021, to levy a property tax of up to 5 mills ($5 per $1,000 of assessed value). The amendment does not affect the Orleans Levee District. These districts require voter approval for property tax increases. On June 9, the House voted 81-10 and the Senate voted unanimously to place the amendment on the Oct. 9 ballot.
June 10:
- New York NYC Civil Court Jurisdiction Amendment (2021) - This amendment would increase the New York City Civil Court's jurisdiction over lawsuits involving claims from $25,000 to $50,000. The New York State Assembly must pass amendments in two successive sessions to put them on the ballot. In 2019 and June 2021, both chambers voted unanimously to place the amendment on the ballot.
June 17:
- Removal - Colorado Transportation Bond Issue (2021) - This bond measure was removed from the Nov. 3 ballot. On June 17, Gov. Jared Polis (D) signed a transportation funding package bill, Senate Bill 260, which included a provision that removed the bond issue from the 2021 ballot. This measure was originally set for the 2019 ballot. The legislature moved it to the 2020 ballot and then to the 2021 ballot.
2022 certifications
From May 17 through June 17, 12 statewide measures were certified for the Nov. 8 ballot.
May 19:
- Oregon Measure 111, Right to Healthcare Amendment (2022) - This amendment would require that the state "ensure that every resident of Oregon has access to cost-effective, clinically appropriate and affordable health care as a fundamental right." On March 18, the Senate voted 17-13 to place the amendment on the ballot. Seventeen Democrats voted in favor of it, and 11 Republicans, one Democrat, and one Independent voted against it. On May 19, the House voted 34-23 to place the amendment on the ballot. Thirty-four Democrats voted in favor of it, and 23 Republicans voted against it.
May 26:
- California Proposition 26, Legalize Sports Betting on American Indian Lands Initiative (2022) - This initiative would
- legalize sports betting at American Indian gaming casinos and licensed racetracks in California;
- tax profits derived from sports betting at racetracks at 10%; and
- legalize roulette and dice games, such as craps, at tribal casinos.
- On Dec. 14, 2020, the campaign behind the initiative reported filing about 1.4 million signatures. On May 26, the secretary of state announced that 1,061,282 signatures were valid—64,143 more than the 997,139 required.
- Illinois Right to Collective Bargaining Amendment (2022) - This amendment would establish a state constitutional right for employees to organize and bargain collectively through representatives of their choosing to negotiate "wages, hours, and working conditions and to protect their economic welfare and safety at work." The ballot measure would also prohibit laws that interfere with, negate, or diminish collective bargaining agreements, including agreements that require union membership as a condition of employment. State Rep. Marcus Evans (D-33) said the constitutional amendment would prohibit a right-to-work law in Illinois. On May 21, the Senate voted 49-7 to place the amendment on the ballot. Thirty-eight Democrats and 11 Republicans voted in favor of it, and seven Republicans voted against it. On May 26, the House voted 80-30 to place the amendment on the ballot. Seventy-one Democrats and nine Republicans voted in favor of it, and 30 Republicans voted against it.
May 27:
- Connecticut Allow for Early Voting Amendment (2022) - This amendment would authorize the General Assembly to provide for early voting. The Connecticut Constitution provides two paths for the legislature to refer constitutional amendments to the ballot: (1) a 75 percent vote in each chamber of the legislature during one legislative session or (2) a simple majority vote in each chamber of the legislature during two successive legislative sessions. On April 24, 2019, the House voted 125-24 to place the amendment on the ballot, meeting the 75% threshold of 113 votes. On May 8, 2019, the Senate voted 23-13 to place the amendment on the ballot, falling short of the 75% threshold of 27 votes. On May 6, the House voted 115-26 to place the amendment on the ballot. On May 27, the Senate voted 26-9 to place the amendment on the ballot.
June 2:
- Louisiana Amendment 1, Increase Maximum Amount Invested in Equities for Certain State Funds Measure (2022) - This amendment would increase the portion of certain state funds that can be invested in stocks from 35% to 65%. On May 10 and June 2, respectively, the House and Senate voted unanimously to place the amendment on the ballot.
June 3:
- Louisiana Creation of the State and Local Streamlined Sales and Use Tax Commission Amendment (2021) - This amendment would create an eight-member State and Local Streamlined Sales and Use Tax Commission tasked with providing streamlined electronic filing and remittance of all sales and use taxes. On June 3, the House and Senate voted unanimously to place the amendment on the ballot.
June 6:
- Louisiana Amendment 4, Waiving Water Charges Measure (2022) - This amendment would allow local governments to waive water charges for customers if water is lost due to water delivery infrastructure damages that were not caused by the customer's actions or the customer's failure to act. On May 19, the House voted unanimously to place the amendment on the ballot. On June 6, the Senate voted 36-1 to place the amendment on the ballot.
June 7:
- Louisiana Amendment 6, Limit on Assessed Value Increase of Reappraised Property in Orleans Parish Measure (2022) - This amendment would limit the increase in the assessed value of residential property in Orleans Parish to 10% of the property's assessed value from the prior year beginning in 2023. On June 2, the Senate voted 26-6 to place the amendment on the ballot. On June 7, the House voted 94-1 to place it on the ballot.
June 8:
- Louisiana Amendment 3, Classified Civil Service Employee Public Support of Family Members' Campaigns Measure (2022) - This amendment would allow civil service employees to publicly support the election campaigns of individuals in their immediate family when off duty. On June 6, the Senate voted unanimously to place the amendment on the ballot. On June 8, the House voted 91-3 to place it on the ballot.
June 9:
- Louisiana Amendment 5, Adjustment of Ad Valorem Tax Rates Measure (2022) - This amendment would allow local taxing authorities to levy property taxes at rates lower than the authorized maximum without resetting their maximum for following years. The previous year's rate becomes the maximum rate for following years. On June 9, both chambers voted unanimously to place the amendment on the ballot.
- Massachusetts Question 1, Tax on Income Above $1 Million for Education and Transportation Amendment (2022) - This amendment would create an additional tax of 4% for income over $1 million and dedicate revenues to education and transportation purposes. Massachusetts has 5% flat-rate income tax. In Massachusetts, both chambers of the legislature meet as a single convention to vote on constitutional amendments. An amendment needs to receive the vote of 101 of 200 state legislators during two successive sessions to appear on the ballot. On June 19, 2019, the legislature voted 147-48 to place the amendment on the ballot. On June 9, 2021, the legislature voted 159-41 to place the amendment on the ballot. In 2021, 157 Democrats, one Republican, and one Independent voted in favor of the amendment, and nine Democrats and 32 Republicans voted against it.
- The amendment is identical to a 2018 citizen initiative that initially qualified for the ballot but was later removed by the Massachusetts Supreme Court. The supreme court ruled that the measure violated a provision of the state constitution that requires an initiative "contains only subjects ... which are related or which are mutually dependent." The ballot initiative, according to the ruling, encompassed two subjects—a tax and a dedication of revenue, which were not mutually dependent in their judgment. The state's single-subject rule does not apply to legislative referrals.
June 10:
- Louisiana Amendment 2, Reduction of the Maximum Individual Income Tax Rate Measure (2021) - This amendment would decrease the maximum individual income tax rate from 6% to 4.75% for tax years beginning in 2022. The maximum rate applies to net income above $50,000. On June 9, the House voted 95-6 to place the amendment on the ballot. On June 10, the Senate voted 34-3 to place it on the ballot.
Federal court blocks enforcement of paid circulator registration requirements in South Dakota
On June 15, 2021, Circuit Court Judge Lawrence Piersol overturned Senate Bill 180, which the South Dakota Legislature passed in 2020 to require paid circulators to register with the secretary of state.[1]
Senate Bill 180 was designed to require paid circulators to register with the secretary of state and provide personal information, including their residential address, email address, phone number, driver license state, voter registration information, sex offender status, and petition sponsor name. It also required the secretary of state to provide the information upon request and classified the information as part of the public record. The bill required paid circulators to update any of the personal information submitted to the secretary of state within seven days of any change. SB 180 states that all of the signatures collected by a circulator that does not meet all the registration requirements are invalid.[1]
Dakotans for Health, the group sponsoring an initiative to expand Medicaid, filed the lawsuit against Senate Bill 180 seeking a preliminary injunction to stop the state from enforcing Senate Bill 180.[1]
Judge Piersol granted the request for a preliminary injunction. Peirsol wrote, "The Court finds that the State did not meet its burden of showing that the burdensome requirements of SB 180 challenged by Plaintiff as violating the First Amendment are substantially related to the State's interests in election integrity and avoiding fraud."[1]
Background and context:
Senate Bill 180 repealed, revised, and reenacted certain registration requirements that the South Dakota legislature passed in 2019 and that were overturned by a court ruling in 2020.
In January 2020, U.S. District Judge Charles Kornmann ruled that South Dakota House Bill 1094 (2019) violated the First Amendment of the U.S. Constitution. The bill was designed to do the following:[2]
- require a petition circulator to register with the secretary of state and provide certain information;
- establish a paid petition circulator registration fee of $20;
- require petitioners to wear a badge with an ID number identifying the committee and ballot measure for which they are collecting signatures and their paid or volunteer status; and
- make other changes to the state’s rules on petition circulators
SD Voice and Cory Heidelberger filed the lawsuit challenging House Bill 1094. In the ruling Kornmann wrote that the bill’s definition of a petition circulator was broad enough to apply to anyone who publicly advocated for the signing of an initiative petition and that the disclosure requirements were discriminatory against initiative petition supporters and restricted free speech. Kornmann wrote, “These disclosure provisions place serious and draconian burdens on protected speech. While the state's interests in effective administration of the law and ensuring that its laws are followed are important, the state has ample means of doing so that would not chill speech.” Kornmann also ruled that all of the provisions of 1094 were intimately connected and that, therefore, none of the other provisions could be severed from the disclosure requirements he ruled unconstitutional.[3]
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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