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State Ballot Measure Monthly: June 2022
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers the certifications of 2022 ballot measures and a selection of notable ballot measure news from May 16 through June 15.
Overview: Nationally, 107 ballot measures have been certified in 35 states.
Measures removed from the ballot: The California Changes to Medical Malpractice Lawsuits Cap Initiative was removed on May 19.
Status of indirect initiatives: In Alaska, one indirect initiative, the State Recognition of American Indian Tribes Initiative, was certified to the legislature. Legislators passed the initiative, which now requires the governor's signature to become law. Otherwise, the initiative will appear on the ballot.
Changes in 2022 ballot measure numbers
- See also: Ballotpedia's Tuesday Count for 2022
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Comparison to earlier years
From 2010 through 2020, an average of 119 ballot measures were certified for even-numbered year ballots in mid-June of the election year. An average of 164 total ballot measures were certified for even-numbered year ballots from 2010 through 2020.
2022 certifications
- See also: Ballotpedia's Tuesday Count for 2022
From May 16 through June 15, 10 statewide measures were certified for the 2022 ballot in California, Louisiana, Ohio, and South Dakota. One statewide measure was removed from the ballot in California.
May 19:
- Removed - California Changes to Medical Malpractice Lawsuits Cap Initiative: The Fairness for Injured Patients Act Coalition, which supported the ballot initiative, announced that state legislators had agreed to a compromise bill and withdrew its measure. In California, initiative proponents can withdraw their proposal after signatures are verified, as long as the proposal is withdrawn at least 131 days before the general election. This ballot initiative would have adjusted the $250,000 cap on noneconomic damages in medical malpractice for inflation since 1975, which is when the cap was adopted. The compromise legislation is designed to increase the cap over 10 years to a maximum of $750,000 and with annual adjustment thereafter.
May 24:
- Louisiana Property Tax Exemptions for Certain Disabled Veterans and Spouses Amendment: The ballot measure would increase homestead tax exemptions for disabled veterans. As of 2021, veterans with 100% disabled ratings could receive a $7,500 exemption in Louisiana. The proposal would increase that exemption to the full assessed value of the disabled veteran's home. Exemptions would also be available to veterans with partial disabilities. Veterans rated between 70% - 99% disabled would receive a $4,500 exemption, and veterans rated 50%-69% disabled would receive a $2,500 exemption.
- Louisiana Remove Special Assessment Property Tax Annual Income Recertification for Permanently Disabled Homeowners Amendment: This constitutional amendment is also related to Louisiana's homestead exemption. Louisiana has a special assessment for disabled persons and people aged 65 and older with incomes less than $100,000. Those who receive the special assessment must confirm their income each year. An exemption from annual recertification is available to people 65 years of age or older. The ballot measure would remove the annual recertification requirement for those who are permanently and totally disabled.
May 25:
- South Dakota Initiated Measure 27, Marijuana Legalization Initiative: Voters will decide on a marijuana legalization initiative for the second time in two years. In 2020, voters approved Amendment A, an initiated measure to legalize marijuana. On Nov. 24, 2021, the South Dakota Supreme Court ruled Amendment A violated the state's single-subject rule. South Dakotans for Better Marijuana Laws, the campaign behind Amendment A, is sponsoring Initiated Measure 27. Unlike Amendment A, Initiated Measure 27 is a statute, not a constitutional amendment, and contains fewer provisions.
June 1:
- Louisiana Remove Involuntary Servitude as Punishment for a Crime from Constitution Amendment: Louisiana is one of 20 states whose constitutions include language permitting enslavement or servitude as criminal punishments or, in Vermont, debt and fine payments. This constitutional amendment would repeal such language so that the constitution reads, "Slavery and involuntary servitude are prohibited." An additional sentence would state that this provision "does not apply to the otherwise lawful administration of criminal justice."
- Ohio Citizenship Voting Requirement Amendment: The proposed amendment would prohibit the state and local governments from allowing non-citizens to vote. The Ohio Constitution would be changed from "Every citizen of the United States ... is entitled to vote at all elections" to "Only a citizen of the United States ... is entitled to vote at all elections." House Republicans supported the proposal, and House Democrats were divided 5 supporting and 28 opposing. In the Senate, both Democrats and Republicans voted to send the amendment to the ballot.
- Ohio Determining Bail Amount Based on Public Safety Amendment: This proposal would require that courts, when determining bail amounts, "consider public safety, including the seriousness of the offense, and a person's criminal record, the likelihood a person will return to court, and any other factor the general assembly may prescribe." In the General Assembly, Republicans supported and Democrats opposed the constitutional amendment.
June 3:
- Louisiana Citizenship Requirement for Voting Amendment: The ballot measure would add language to the Louisiana Constitution stating that "No person who is not a citizen of the United States shall be allowed to register and vote in this state." Legislators voted to place the constitutional amendment on the ballot for Dec. 10, 2022. In the Legislature, Republicans voted in favor of the amendment, and Democrats were divided 10 supporting and 18 opposing between the two chambers.
June 5:
- Louisiana Senate Confirmation for Appointees to State Civil Service Commission Amendment: The ballot measure would require the state Senate to confirm the governor's appointments to the State Civil Service Commission. The issue was placed on the ballot for Dec. 10.
- Louisiana Senate Confirmation for Appointees to State Police Commission Amendment: The ballot measure would require the state Senate to confirm the governor's appointments to the State Police Commission. The issue was placed on the ballot for Dec. 10.
June 8:
- California Art and Music K-12 Education Funding Initiative: Californians for Arts and Music Education in Public Schools, the campaign backing the initiative, submitted 1.03 million signatures in April, and 75.86% were deemed valid on June 8. The initiative would require an annual source of funding for K-12 public school arts and music education equal to, at minimum, 1% of the total revenues that local education agencies receive under Proposition 98. According to the Legislative Analyst's Office, that formula would result in additional spending of $800 million to $1 billion each fiscal year for art and music education.
June 9:
- South Dakota Initiated Measure 28, Medicaid Expansion Initiative: With the certification of Initiated Measure 28, voters will decide on two citizen-initiated measures to expand Medicaid in South Dakota on November 8. Initiated Measure 28 is a statute, whereas Amendment D is a constitutional amendment. Rick Weiland, co-chair of the campaign Dakotans for Health, said, "I think it’s really important that voters know that they’ve got two paths forward to pass Medicaid expansion this fall. A constitutional amendment, now an initiated law, and we’re encouraging them to vote for both."[3]
June 15:
- South Carolina General Reserve Fund Increase Amendment: This constitutional amendment would increase the General Reserve Fund (GRF) from 5% to 7% of state general fund revenue. The GRF must be used to cover year-end operating deficits.
- South Carolina Capital Reserve Fund Increase Amendment: This constitutional amendment would increase the Capital Reserve Fund (CRF) from 2% to 3% of state general fund revenue. The CRF must be used to cover year-end operating deficits before the GRF can be utilized. If there is no year-end operating deficit and the CRF is fully funded, then, by a two-thirds legislative vote, the money can be used to fund capital improvement bond projects, retire interest or principal on past bonds, or for other nonrecurring purposes.
Headlines
Amendment C defeated in South Dakota
Voters rejected South Dakota Amendment C on June 7. With 100% of precincts reporting, the vote was 67.4% to 32.6% against adoption.
Amendment C would have changed the vote threshold for future ballot measures that increase taxes or require the state to spend $10 million or more during the first five fiscal years after enactment. The vote threshold would have been three-fifths (60%) rather than a simple majority (50%+1). This would have affected the vote requirement for the two initiatives to expand Medicaid, Amendment A and Initiated Measure 27, both of which will be on the ballot in November.
Zach Nistler, a spokesperson for South Dakotans for Fair Elections, responded, "South Dakotans are paying attention. South Dakotans are listening and engaged and we trust South Dakotans to make important decisions for our state. That is why over 60% of South Dakotans showed up to oppose Amendment C and protect our majority rule."[4]
State Rep. Jon Hansen (R-25), who sponsored Amendment C in the Legislature, also responded to the results. He said, "Unfortunately, Amendment C came up short today because liberal groups who want to tax and spend our money on their own special interest programs poured a million and a half dollars - the majority of that coming from out of state - into false and misleading advertising."[5]
Through May 18, South Dakotans Against Higher Taxes, which campaigned for Amendment C, received $905,988, including $836,488 from Americans for Prosperity. South Dakotans for Fair Elections, which campaigned against Amendment C, received $1.63 million. The largest donors were the National Education Association ($455,960) and The Fairness Project ($367,696).
Massachusetts Supreme Court disqualifies app-based drivers initiative
On June 14, the Massachusetts Supreme Court issued a ruling disqualifying the app-based drivers initiative backed by Lyft, Instacart, DoorDash, and Uber. The ballot initiative, similar to California's Proposition 22, would have classified app-based drivers as independent contractors and enacted several labor policies.
Writing for the court, Justice Scott Kafker agreed with plaintiffs that the proposal violated the state constitution's requirement that an initiative's subjects are related or mutually dependent. Kafker wrote that the initiative included two distinct policies: one related to contract-based relationship between app-based drivers and companies and one to limit the companies' liability to third parties injured by app-based drivers’ conduct.[6]
Conor Yunits, a spokesperson for Flexibility & Benefits for Massachusetts Drivers, responded, "A clear majority of Massachusetts voters and rideshare and delivery drivers both supported and would have passed this ballot question into law. That’s exactly why opponents resorted to litigation to subvert the democratic process and deny voters the right to make their own decision."[7]
Through Dec. 31, 2021, Flexibility & Benefits for Massachusetts Drivers reported $17.8 million in contributions. The top donors to the committee were Lyft ($14.4 million), Instacart ($1.2 million), DoorDash ($1.2 million), and Uber ($1.1 million). The opposition campaign, Coalition to Protect Workers’ Rights, reported $1 million in contributions, including $150,000 from the Omidyar Network and $107,181 from the Massachusetts AFL-CIO.
See also
- 2022 ballot measures
- Ballot initiatives filed for the 2022 ballot
- Ballot Measure Scorecard, 2022
- Ballotpedia's Tuesday Count for 2022
- List of ballot measures by state
- List of ballot measures by year
Related articles
Footnotes
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
- ↑ The number of filed initiated measures was current as of June 1, 2022.
- ↑ WNAX, "SD Voters to get say on Medicaid Initiative," June 13, 2022
- ↑ KELO, "Voters reject Amendment C," June 7, 2022
- ↑ Argus Leader, "Amendment C loses as voters say no to ballot initiative," June 7, 2022
- ↑ Commonwealth Magazine, "SJC throws out Uber-Lyft ballot question," June 14, 2022
- ↑ Ballotpedia Staff, "Email correspondence to Ballotpedia staff," June 14, 2022
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