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State Ballot Measure Monthly: May 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 April 15 through May 15.
Overview: Nationally, 95 ballot measures have been certified in 33 states to date.
Measures removed from the ballot: The Arizona Reduce Number of Income Tax Brackets to Flat Rate of 2.50% Referendum was removed on April 21.
Status of indirect initiatives: In Alaska, one indirect initiative, the State Recognition of American Indian Tribes Initiative, is certified to the legislature. Legislators have the option to approve, reject, or take no action on the initiatives. In Alaska, rejection or no action allows the initiative to 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 107 ballot measures were certified for even-numbered year ballots in mid-May 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 April 15 through May 15, 12 statewide measures were certified for the 2022 ballot in Colorado, Georgia, Kansas, Michigan, Missouri, New Hampshire, and Tennessee. One statewide measure was removed from the ballot in Arizona.
April 21:
- Removed - Arizona Reduce Number of Income Tax Brackets to Flat Rate of 2.50% Referendum: The Arizona Supreme Court ruled that voters could not decide on a veto referendum against SB 1828, a bill designed to reduce the state's income tax from four brackets to a flat rate of 2.50%. Justices agreed with the plaintiffs, the Arizona Free Enterprise Club, that the state constitution prohibits referendums against bills that provide for the support and maintenance of state government and that tax bills fall under this umbrella. Lawyers for the referendum campaign argued that tax decreases, unlike tax increases, do not provide for the support and maintenance of state government and could be referred to voters.
April 26:
- Colorado Twenty-Third Judicial District Amendment: In 2020, Gov. Jared Polis (D) signed a bill to create a new judicial district — the 23rd Judicial District. In November, voters will decide on a constitutional amendment to direct the governor to assign judges from the existing 18th Judicial District to the new 23rd Judicial District. The amendment would also require these judges to establish residence in the 23rd Judicial District by Jan. 7, 2025.
- Kansas County Sheriff Election and Recall Amendment: Voters will decide on a constitutional amendment to require that county sheriffs be elected in counties that have not abolished sheriff offices as of January 2022. Riley County is currently the only county without a sheriff's office. In the House, Republicans voted 83-1 and Democrats voted 14-23 to send the proposal to voters. In the Senate, Republicans and Democrats, with the exception of one Democrat, voted to place the amendment on the ballot.
April 27:
- Tennessee Remove Religious Minister Disqualification Amendment: This constitutional amendment would remove a section of the Tennessee Constitution that disqualifies religious ministers from being elected to the General Assembly. In 1978, the U.S. Supreme Court struck down the ban in McDaniel v. Paty. Although unenforceable due to the court's ruling, the amendment remains in the state constitution unless voters repeal it through a ballot measure.
May 5:
- Missouri Department of the National Guard Amendment: This ballot measure would provide the Missouri National Guard with its own department in the executive branch of state government. Currently, the Missouri National Guard is housed within the Missouri Department of Public Safety.
May 6:
- Colorado Homestead Exemption to Surviving Spouses of U.S. Armed Forces Members and Veterans Amendment: The ballot measure would extend the primary residence property tax exemption for disabled veterans to the surviving spouse of U.S. Armed Forces members who died in the line of duty. It would also extend the tax exemption to the surviving spouses of veterans who died from a service-related injury or disease if the surviving spouse receives dependency indemnity compensation from the U.S. Department of Veterans Affairs.
May 10:
- Colorado Charitable Gaming Amendment: Voters will decide on a constitutional amendment that would make a series of changes to state charitable gaming laws. Those changes would include: (a) repealing the ban on paying managers and operators of charitable gaming activities; (b) until Jan. 1, 2025, reducing from 5 years to 3 years the length of time an organization must exist before obtaining a charitable gaming license; and (c) beginning Jan. 1, 2025, allowing the Legislature to determine how long an organization must exist before obtaining a charitable gaming license.
- Colorado Income Tax Deduction Caps to Fund School Meals Program Measure: In the Legislature, Democrats voted to place a measure on the ballot that would reduce income tax deductions and use the revenue for a new fund designed to school student free lunch programs. No Republicans voted for the proposal. The ballot measure would reduce income tax deduction caps from $30,000 for single filers ($60,000 for joint filers) to $12,000 for single filers ($16,000 for joint filers).
- Georgia Timber Equipment Exempt from Property Taxes Measure: This ballot measure would exempt timber equipment, defined as equipment used to produce or harvest timber, from property taxes.
- Michigan Legislative Term Limits and Financial Disclosure Amendment: This ballot measure would amend the Michigan Constitution's Article IV, Section 54, a terms limit amendment voters approved in 1992. Currently, Michigan state senators are limited to two four-year terms. House members are limited to three two-year terms. The new proposal would change the existing limits to a combined 12 years of service in the Legislature. Beginning on April 15, 2024, the ballot measure would add a new subsection to require legislators and elected state executive officials to file annual financial disclosure reports on their income, assets, liabilities, gifts from lobbyists, positions held in certain organizations, and agreements on future employment.
May 11:
- Colorado Table of Changes to Income Tax Owed Required for Citizen Initiatives Measure: Legislators referred this statute to the ballot so that Gov. Jared Polis' signature was not required. The ballot measure would require ballot language for citizen-initiated measures that affect income taxes to include a table showing how proposed changes would affect different income brackets.
May 13:
- Missouri Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment: The ballot measure would allow the General Assembly to increase the minimum required funding for a police force established by a state board of police commissioners. Kansas City is the only city that does not have local jurisdiction over its department and is the only city that this measure would currently impact.
- New Hampshire Register of Probate Elimination Amendment: The ballot measure would eliminate the register of probate office. Legislation removed most of the office's responsibilities in 2011. In November, a three-fifths vote will be required to approve a constitutional amendment.
Headlines
Michigan legislature puts legislative term limits, financial disclosure amendment on Nov. ballot
Thirty years ago, Michigan voters approved an initiated constitutional amendment, Proposal B, that enacted term limits on state legislators and other elected officials. This November, voters will decide on a constitutional amendment to modify the state legislative term limits. On May 10, the Legislature passed House Joint Resolution R (HJR R), placing the new constitutional amendment on the ballot. House Speaker Jason Wentworth (R-97) introduced HJR R earlier in the day.
In Nov. 1992, 58.7% voted to approve Proposal B, which limited the number of times that a person could be elected to congressional, state executive, and state legislative offices in Michigan. In the Senate, members were limited to two four-year terms. In the House, members were limited to three two-year terms.
This year’s ballot measure would replace Proposal B's state legislative term limits with a new requirement: a combined 12 years in the state Legislature. Under Proposal B, an individual could serve up to 14 years in the state Legislature–6 in the House and 8 in the Senate. The new proposal would allow for 12 years, which is less than Proposal B; however, a legislator could serve that entire time in one legislative chamber.
Senate Majority Leader Mike Shirkey (R-16) said, “In my view, Michigan’s current term limits discourage good people from running for office, shifting the power from the people to the bureaucracy and interest groups, which negatively impacts the legislative process.”
The ballot measure contains a second provision on financial disclosure statements for legislators and state executive officials. Under the proposal, they would be required to file annual financial disclosure reports on their income, assets, liabilities, gifts from lobbyists, positions held in certain organizations, and agreements on future employment beginning in April 2024.
A political action committee, Voters for Transparency and Term Limits, was collecting signatures for a ballot initiative to change the term limits and require financial disclosure statements. The group called on the Legislature to act sooner. "We’re gaining momentum, and we are determined to get this proposal on the ballot in November. The sooner we can start a healthy debate between Michiganders about amending our state constitution, the better off we will be," said Rich Studley, a former Michigan Chamber of Commerce CEO and co-chair of Voters for Transparency and Term Limit.
Patrick Anderson, one of the principal authors of Proposal B, said, "Not a single citizen in the entire state has had a chance to take a look at the resolution they passed, ambushing the voters before noon. The stench of this will last all the way to November."
The constitutional amendment is the first ballot measure certified for the 2022 ballot in Michigan. Voters could see additional legislative referrals, along with citizen-initiated ballot measures. The deadline to file signatures for initiated statutes is June 1, and the deadline for initiated constitutional amendments is July 11.
Michigan voters have approved most (10 of 11) constitutional amendments that legislators have put on the ballot since 1985. The last time voters rejected a legislatively referred constitutional amendment was in 2015, when 80% voted against a proposal to increase the fuel excise tax, eliminate the sales tax on fuel, increase the earned income tax credit, and make other tax and spending changes.
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
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