State Ballot Measure Monthly: May 2018
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By Ballot Measures Project staff
Ninety-six (96) statewide ballot measures in 30 states have been certified for 2018 ballots so far. In the last month, twenty-eight (28) new statewide measures were certified to go before voters in 2018.
HIGHLIGHTS
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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. The average number of certified measures for even-numbered years from 2010 through 2016 was 114 by the 20th Tuesday of the year. The average number of total statewide measures certified for the ballot by the end of the year from 2010 through 2016 was 173.
- 2010: By the 20th week in 2010, 137 measures had been certified for the 2010 ballot.
- Ultimately, 184 statewide measures were put on the ballot in 2010.
- 2012: By the 20th week in 2012, 108 measures had been certified for the 2012 ballot.
- Ultimately, 188 statewide measures were put on the ballot in 2012.
- 2014: By the 20th week in 2014, 109 measures had been certified for the 2014 ballot.
- Ultimately, 158 statewide measures were put on the ballot in 2014.
- 2016: By the 20th week in 2016, 102 measures had been certified for the 2016 ballot.
- Ultimately, 162 statewide measures were put on the ballot in 2016.
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
From April 11 through May 14, 2018, the following measures were certified for the ballot on the dates listed:
April 11:
- South Dakota Initiated Measure 26, Drug Price Standards Initiative - This initiative would 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. Initiated Measure 26 was similar to California Proposition 61, which was defeated in 2016, and Ohio Issue 2, which was defeated in 2017. Both of these past initiatives were also designed to limit the prices paid for prescription drugs by state agencies to those paid by the VA, and both were sponsored by the California-based AIDS Healthcare Foundation (AHF). This initiative was sponsored by a group distinct from the AIDS Healthcare Foundation, but proponents received funding from AHF. In California, opponents of Proposition 61 spent $109 million, which mostly came from pharmaceutical companies. The AIDS Healthcare Foundation, founded and run by Michael Weinstein, sponsored the initiative and spent $19 million supporting it. Ultimately, it was defeated by a margin of 53.2 percent to 47.8 percent. The battle between AHF and pharmaceutical companies repeated in 2017 over Ohio Issue 2. The opposition campaign raised $59 million—a record in Ohio—to the support campaign’s $18.3 million. Voters rejected the initiative 79 percent to 21 percent. This measure was one of four citizen initiatives to be certified for 2018 ballots last month.
April 13:
- Maine Payroll and Non-Wage Income Taxes for Home Care Program Initiative - This initiative would enact a payroll tax and non-wage income tax to fund a program called the Universal Home Care Program. Mainers for Homecare, the proponents of the initiative, reported filing 67,000 signatures on January 26, 2018. At least 61,123 (91.23 percent) of the signatures needed to be valid. On February 23, 2018, the secretary of state announced that 64,842 signatures collected for the initiative were valid—3,719 more signatures than were required. As an indirect initiative, the measure was sent to the Maine State Legislature for consideration. On April 13, 2018, LD 1864—the name of the initiative in the legislature—was pronounced dead, meaning the legislature did not pass the ballot initiative. The initiative, therefore, was certified to go before voters in November 2018. This measure was one of four citizen initiatives to be certified for 2018 ballots last month.
April 16:
- Colorado Judge Retention Ballot Language Amendment - This amendment would shorten the ballot by allowing county clerks to use one judge retention question for each level of courts with individual judges listed as ballot items below the one judge retention question. The amendment was approved unanimously in both chambers of the state legislature.
- The Florida Constitution Revision Commission referred eight measures to the ballot:
- Florida Amendment 9, Ban Offshore Oil and Gas Drilling and Ban Vaping in Enclosed Indoor Workplaces Amendment (2018) - This amendment would (a) ban offshore drilling for oil and natural gas on lands beneath all state waters and (b) ban the use of vapor-generating electronic devices, such as electronic cigarettes, in enclosed indoor workplaces.
- Florida Ban on Wagering on Dog Races Amendment (2018) - This amendment would ban gambling on dog races, including greyhound races.
- Florida Amendment 7, First Responder and Military Member Survivor Benefits, Supermajority Board Votes for College Fees, and State College System Amendment (2018) - This amendment would (a) require employers to provide death benefits, as the state legislature defines, to the surviving spouses of first responders while engaged in official duties; (b) require the state to provide death benefits, as the state legislature defines, to the surviving spouses of active-duty U.S. Armed Forces members who are accidentally killed or unlawfully and intentionally killed;(c) require a nine-member vote of the board of trustees and 12-member vote of the board of governors to increase a college fee; and (d) place the current structure of the state's system of higher education in the Florida Constitution.
- Florida Amendment 12, Lobbying Restrictions Amendment (2018) - This amendment would prohibit public officials from lobbying for compensation during the official's term in office and for six years after the official leaves office and prohibit public officials from using the office to obtain a disproportionate benefit.
- Florida Amendment 6, Marsy's Law Crime Victims Rights, Judicial Retirement Age, and Judicial Interpretation of Laws and Rules Amendment (2018) - This amendment would (a) add specific rights of crime victims, together known as a Marsy's Law, to the Florida Constitution; (b) increase the judicial retirement age from 70 to 75 years of age; and (c) prohibit state courts from deferring to an administrative agency’s interpretation of a state statute or rule in lawsuits.
- Florida Amendment 11, Repeal Prohibition on Aliens’ Property Ownership, Delete Obsolete Provision on High-Speed Rail, and Repeal of Criminal Statutes' Effect on Prosecution Amendment (2018) - This amendment would (a) repeal a constitutional provision prohibiting foreign-born persons ineligible for citizenship from owning, inheriting, disposing, and possession property; (b) repeal an obsolete constitutional provision stating that a high-speed ground transportation system be developed in Florida; and (c) delete the constitutional provision that an amendment to a criminal statute does not affect the prosecution of a crime committed before the statute's amendment.
- Florida Amendment 8, School Board Term Limits, Allow State to Operate Non-Board Established Schools, and Civic Literacy Amendment (2018) - This amendment would (a) establish a term limit of eight consecutive years for school board members; (b) allow the state government to operate, supervise, and control public schools not established by the school board; and (c) require the legislature to promote civic literacy in public education.
- Florida Amendment 10, State and Local Government Structure Amendment (2018) - This amendment would (a) require, rather than authorize, the legislature to provide for a state Department of Veterans Affairs; (b) create a state Office of Domestic Security and Counter-Terrorism; (c) require the legislature to convene regular session on the second Tuesday of January of even-numbered years; and (d) prohibit counties from abolishing certain local offices—sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court—and requiring elections for these offices.
April 23:
- Hawaii Surcharge on Investment Properties to Fund Public Education Amendment - This amendment would authorize the Hawaii State Legislature to enact a surcharge on investment properties, with revenue from the surcharge earmarked for public education. The amendment, Senate Bill 2922, received unanimous approval in the state House after a change was made to give the legislature more leeway with regard to the details of the surcharge. On April 23, 2018, the state Senate gave final approval to SB 2922, voting 23 to 1 with one member excused and certifying the measure for the November 2018 ballot.
April 25:
- California Water Infrastructure and Watershed Conservation Bond Initiative - This initiative would authorize $8.877 billion in general obligation bonds for water infrastructure, groundwater supplies and storage, surface water storage and dam repairs, watershed and fisheries improvements, and habitat protection and restoration. On March 13, 2018, the secretary of state announced that signatures had been filed for the ballot initiative. A total of 604,805 signatures were filed. At least 365,880 of those signatures—about 60.5 percent—needed to be valid. The proponent committee hired Masterton & Wright, a political consulting firm, to organize the signature drive.[9] Compared to the 15 ballot initiatives certified for the ballot in California in 2016, a 60.5 percent validation requirement was near average for an initiative to make the ballot. The 15 ballot initiatives from 2016 had an average validation requirement of 61.9 percent, with a range between 58.1 and 67.4 percent. On April 25, 2018, the secretary of state's office declared that the initiative had qualified to appear on the ballot. Of the 604,805 signatures filed, an estimated 463,896 were projected to be valid (76.7 percent). This measure was one of four citizen initiatives to be certified for 2018 ballots last month.
- Oklahoma State Question 798, Governor and Lieutenant Governor Joint Ticket Amendment - This amendment would provide for the governor and lieutenant governor to be elected together on one ticket starting in 2026. In 26 states, the lieutenant governor is selected on a ticket with the governor, meaning that lieutenant gubernatorial candidates serve as running mates to gubernatorial candidates, with the winning gubernatorial candidate's running mate becoming lieutenant governor.
May 1:
- Louisiana Exchange of Public Equipment and Personnel Between Political Subdivisions Amendment - This amendment would allow political subdivisions of the state, through a written agreement, to exchange public equipment and personnel for an action or function the receiving subdivision is authorized to exercise. As of 2018, political subdivisions are prohibited from loaning or exchanging equipment and personnel. It was approved unanimously in both chambers of the legislature.
May 2:
- Oklahoma State Question 801, Allow Certain Voter-Approved Property Taxes to Fund School District Operations Amendment - This amendment would allow certain local voter-approved property taxes—known as ad valorem levies—to be used to fund school district operations as well as construction, while currently the use of this revenue is restricted to capital improvements.
- New Hampshire Taxpayer Standing to Bring Legal Actions Against Government Amendment - This amendment would give taxpayers the right to take legal action against the state or local government where the taxpayer resides to declare that the government spent, or has approved spending, public funds in violation of a law. Rep. Robert Backus (D-Hillsborough 19), one of the measure’s legislative sponsors, said two state court decisions promoted the amendment’s introduction. He described the decisions, stating, “One annoys Republicans and one Democrats.” It was approved 309 to 9 in the House and 22 to 2 in the Senate.
- New Hampshire Right to Live Free from Governmental Intrusion in Private and Personal Information Amendment - This amendment would provide that individuals have a right to live free from governmental intrusion in private or personal information. On February 22, 2018, the New Hampshire House of Representatives voted 235 to 96, with 37 members absent, to pass the amendment. On May 2, 2018, the New Hampshire Senate voted 15 to nine to pass CACR 16. The partisan breakdown of the votes in the legislature is not available. In New Hampshire, 60 percent approval is required in both chambers to refer an amendment to the ballot.
May 3:
- Oklahoma State Question 800, Oil and Gas Development Tax Revenue Investment Fund Amendment - This amendment would establish a fund for the investment of 5 percent of the state's oil and gas development tax revenue and for the annual transfer of about 4 percent of the fund's capital to the general fund. The amendment was approved unanimously in both chambers of the legislature.
- Colorado Definition of Industrial Hemp Amendment - This amendment would remove the definition of industrial hemp from the Colorado Constitution and instead requiring that industrial hemp have the same definition as in federal law. The amendment was approved unanimously in the Senate and in a vote of 60-5 in the House. The industrial hemp definition was added to the state constitution by Amendment 64, the marijuana legalization initiative that was approved by Colorado voters in 2012.
May 4:
- Arizona Unlawful Contributions from Clean Election Accounts and Commission Rulemaking Requirements Measure - This legislatively referred state statute would (a) prohibit candidates from using their public financing accounts to give funds to political parties or tax-exempt 501(a) organizations that are allowed to engage in activities to influence candidate elections and (b) remove the Citizens Clean Election Commission's (CCEC) exemption from rulemaking requirements. The Arizona Constitution requires the measure to go on the ballot for voter consideration because the legislation would amend Proposition 200, which voters approved in 1998. The measure was approved along partisan lines in the state legislature, with Republicans supporting it and Democrats opposing it.
May 7:
- Colorado Independent Commission for State Legislative Redistricting Amendment - This amendment would create a 12-member commission responsible for approving Colorado's state House of Representatives and state Senate district maps; establish qualifying criteria for members and restrictions on prior or current elected officials, candidates, or lobbyists being members; and enact requirements for the district maps. The amendment was approved unanimously in both chambers of the legislature. The legislature also referred a similar amendment for a congressional redistricting commission.
- Colorado Independent Commission for Congressional Redistricting Amendment - This amendment would create a 12-member commission (different from the commission for state legislative districts) responsible for approving Colorado's congressional district maps; establish qualifying criteria for members and restrictions on prior or current elected officials, candidates, or lobbyists being members; and enact requirements for the district maps. The amendment was approved unanimously in both chambers of the legislature. The legislature also referred a similar amendment for a state legislative redistricting commission.
- Colorado Removal of Exception to Slavery Prohibition for Criminals Amendment - This amendment would remove an exception for convicted criminals to the slavery and indentured servitude prohibition from the Colorado Constitution. In 2016, an identical amendment appeared on the ballot. The amendment passed unanimously in both chambers of the Colorado Legislature. It was rejected by voters at the ballot box: 49.68 percent voted yes on the measure and 50.32 percent opposed the amendment, leaving the constitution unchanged and allowing forced, unpaid labor by convicted criminals. The legislature again voted unanimously to put the amendment on the ballot in 2018.
May 9:
- Connecticut Legislative Requirements to Transfer State Properties Amendment - This amendment would (a) require a public hearing on bills to authorize the transfer, sale, or disposal of state-owned properties—such as state parks forests, and conserved lands—to non-state entities and (b) require a two-thirds vote of the Connecticut General Assembly to authorize the transfer, sale, or disposal of land under the control of the state agriculture or environmental protection departments. To refer an amendment to the ballot in Connecticut, both chambers of the state legislature must approve a proposed amendment by either (1) a supermajority vote of 75 percent during one legislative session or (2) by a simple majority vote in two successive sessions. Since this amendment passed unanimously in the Senate on May 7 and by a vote of 118-32 in the House on May 9, it was referred to the ballot in 2018.
May 10:
- South Carolina Appointed Superintendent of Education Amendment - This amendment would make the position of state superintendent of education a governor-appointed position, rather than an elected position. In South Carolina, a two-thirds (66.67%) vote is required in both chambers of the legislature to refer an amendment to the ballot. In the House, the amendment passed with 87 votes; it needed 83. Among Republicans, 70 members of the House voted in favor of the amendment, and one voted against it. Democrats were split with 17 voting in favor and 23 voting against. The state Senate approved the amendment 38-6 on May 10, 2018, sending it to the ballot. The office of governor in South Carolina has been held by a Republican since 2003. As of 2018, superintendents of schools are appointed in the majority of states. Thirteen states hold elections for the office.
May 11:
- Missouri Management and Advertisement of Bingo Games Amendment - This amendment would (a) lower from two years to six years the time that someone is required to be a member of an organization before managing a bingo game for that organization and (b) remove the constitutional ban on organizations advertising bingo games. It was introduced by Rep. Wanda Brown (R-57) as House Joint Resolution 59 (HJR 59) on December 5, 2017. On February 1, 2018, the Missouri House of Representatives voted 143 to four, with 11 members absent, to approve the amendment. On May 11, 2018, the Missouri State Senate voted 31 to one in favor of the amendment, sending it to the ballot. In Missouri, a constitutional amendment must be passed by a simple majority vote in each house of the Missouri State Legislature during one legislative session to be referred to the ballot.
May 13:
- Alaska Salmon Habitat Protection Standards and Permits Initiative - This initiative would establish new requirements and a new process for permits for any projects affecting bodies of water related to the activity and habitat of salmon, steelhead or other anadromous fish, and to prohibit any projects or activity determined to cause significant and unrestorable damage to such fish habitats. On February 16, 2018, the Alaska division of elections reported that 41,999—or 89.36 percent—of the 47,000 signatures submitted by the initiative proponents were valid. Since 32,127 needed to be valid for the initiative to make the ballot, this qualified the measure to appear before voters. In Alaska, if the legislature approves equivalent legislation, it can preclude an initiative election. Since the legislature did not pass House Bill 199—the bill version of the initiative—before it adjourned on May 13, 2018, the initiative was certified for the ballot in Alaska as an indirect initiated state statute for the election on November 6, 2018. This measure was one of four citizen initiatives to be certified for 2018 ballots last month.
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.
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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 initiatives. 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).
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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.
| Data for average even-year initiative success rates (2010-2018) | |||
|---|---|---|---|
| State | Av. filed | Av. certified | Av. success rate |
| Alabama | 0.00 | 0.00 | N/A |
| Alaska | 5.20 | 2.00 | 38.46% |
| Arizona | 27.40 | 1.60 | 5.84% |
| Arkansas | 7.40 | 1.60 | 21.62% |
| California | 95.00 | 10.20 | 10.74% |
| Colorado | 102.80 | 5.00 | 4.86% |
| Connecticut | 0.00 | 0.00 | N/A |
| Delaware | 0.00 | 0.00 | N/A |
| Florida | 29.20 | 1.80 | 6.16% |
| Georgia | 0.00 | 0.00 | N/A |
| Hawaii | 0.00 | 0.00 | N/A |
| Idaho | 7.80 | 1.00 | 12.82% |
| Illinois | 1.00 | 0.00 | 0.00% |
| Indiana | 0.00 | 0.00 | N/A |
| Iowa | 0.00 | 0.00 | N/A |
| Kansas | 0.00 | 0.00 | N/A |
| Kentucky | 0.00 | 0.00 | N/A |
| Louisiana | 0.00 | 0.00 | N/A |
| Maine | 6.20 | 2.20 | 35.48% |
| Maryland | 0.80 | 0.60 | 75.00% |
| Massachusetts | 31.80 | 3.40 | 10.69% |
| Michigan | 11.20 | 2.20 | 19.64% |
| Minnesota | 0.00 | 0.00 | N/A |
| Mississippi | 8.60 | 0.00 | 0.00% |
| Missouri | 184.50 | 3.20 | 1.73% |
| Montana | 18.80 | 2.20 | 11.70% |
| Nebraska | 6.60 | 0.60 | 9.09% |
| Nevada | 9.40 | 1.80 | 19.15% |
| New Hampshire | 0.00 | 0.00 | N/A |
| New Jersey | 0.00 | 0.00 | N/A |
| New Mexico | 0.00 | 0.00 | 0% |
| New York | 0.00 | 0.00 | N/A |
| North Carolina | 0.00 | 0.00 | N/A |
| North Dakota | 7.60 | 3.80 | 50.00% |
| Ohio | 21.80 | 0.40 | 1.83% |
| Oklahoma | 6.80 | 1.20 | 17.65% |
| Oregon | 63.00 | 5.60 | 8.89% |
| Pennsylvania | 0.00 | 0.00 | N/A |
| Rhode Island | 0.00 | 0.00 | N/A |
| South Carolina | 0.00 | 0.00 | N/A |
| South Dakota | 8.40 | 3.80 | 45.24% |
| Tennessee | 0.00 | 0.00 | N/A |
| Texas | 0.00 | 0.00 | N/A |
| Utah | 2.60 | 0.60 | 23.08% |
| Vermont | 0.00 | 0.00 | N/A |
| Virginia | 0.00 | 0.00 | N/A |
| Washington | 128.60 | 4.60 | 3.58% |
| West Virginia | 0.00 | 0.00 | N/A |
| Wisconsin | 0.00 | 0.00 | N/A |
| Wyoming | 0.60 | 0.00 | 0.00% |
| Average total | 756.20 | 59.40 | 7.86% |
See also
- 2018 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot initiatives filed for the 2018 ballot
- Ballot Measure Scorecard, 2018
- Ballotpedia's Tuesday Count for 2018
Related articles
Footnotes
- ↑ 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.
- ↑ This number includes citizen-initiated measures, legislative referrals, and an automatically referred measure. So far, 19 measures have qualified for the ballot through signature petition drives.
- ↑ This was current as of May 8, 2018.
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