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State Ballot Measure Monthly: May 2023
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers the certifications of 2023 and 2024 ballot measures, as well as notable ballot measure news, from April 15 through May 14.
2023 ballot measures
Overview: Nationally, 12 ballot measures have been certified in eight states for elections in 2023.
Status of indirect initiatives: In Maine, signatures for three indirect initiatives were verified and pending legislative action:
- Maine Prohibit Foreign Spending in Elections Initiative
- Maine Voter Approval of Borrowing Above $1 Billion by State Entities and Electric Cooperatives Initiative
- Maine "Right to Repair Law" Vehicle Data Access Requirement Initiative
The Maine State Legislature has until the end of the legislative session to act on the proposals; rejection or no action would result in the initiatives going before voters in November. There is disagreement about whether these initiatives have already been certified for the Nov. 2023 ballot, and the Legislature has asked the Maine Supreme Judicial Court to issue an opinion.[1]
In Ohio, one initiative to legalize marijuana had been certified to the legislature, which had four months to act on the proposal; as the Legislature took no action, a second signature-gathering period commenced on May 3.
Changes in 2023 ballot measure numbers
- See also: Ballotpedia's Tuesday Count for 2023
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Comparison to earlier years
From 2011 through 2021, an average of six ballot measures were certified for odd-numbered year ballots in mid-April of the election year. An average of 33 total ballot measures were certified for odd-numbered year ballots from 2011 through 2021.
2023 certifications
- See also: Ballotpedia's Tuesday Count for 2023
From April 15 through May 14, six statewide measures were certified for the ballot in Colorado, Maine, Ohio, and Texas for the elections in 2023.
April 25:
- Texas Authorize Conservation and Reclamation Districts in El Paso County Amendment: The ballot measure would amend Section 59 of Article XVI of the Texas Constitution to authorize the Legislature to permit conservation and reclamation districts in El Paso County to issue bonds to fund parks and recreational facilities and enact property taxes to repay the bonds.[3]
May 4:
- Texas Right to Farming, Ranching, Timber Production, Horticulture, and Wildlife Management Amendment: The constitutional amendment would establish a state right to farm, ranch, timber production, horticulture, and wildlife management on a person’s owned or leased properties. The amendment includes language saying that this right would not preclude the Legislature from passing laws to regulate these practices to protect public health, prevent danger to animal or crop production, or preserve the state's natural resources.[4] As of 2023, Missouri and North Dakota had adopted right-to-farm constitutional amendments. In 2016, Oklahomans rejected a right-to-farm constitutional amendment.
May 5:
- Colorado Tobacco and Nicotine Product Tax Revenue Measure: The ballot measure would allow Colorado to retain revenue from taxes on cigarettes, tobacco, and nicotine products that exceeded the state estimate and use the revenue to provide funds for the state's universal preschool program. The Colorado Taxpayer's Bill of Rights (TABOR) requires voter approval for the state to keep the tax revenue. Should voters reject the measure, TABOR would require the state to refund $23.65 million to tobacco distributors and wholesalers and reduce the tobacco tax rate.[5]
- Maine Creation of Pine Tree Power Company Initiative: The citizen-initiated ballot measure would create a municipal electric transmission and distribution firm called the Pine Tree Power Company, which would replace Central Maine Power (CMP) and Versant, two of Maine’s largest electric utilities. Pine Tree Power Company would be governed by a board composed of 13 members. Seven members would be elected by voters, and six would be nominated by the seven-elected board members. Pine Tree Power Company would be tasked with “deliver[ing] electricity to the company’s customer-owners in a safe, affordable and reliable manner.”[6]
May 8:
- Colorado Property Tax Changes and Revenue Change Measure: Voters in Colorado will decide on a measure to reduce property tax rates, allow the state to retain revenue that would otherwise be refunded under TABOR, and require the state to allocate this revenue to local governments to make up for losses from reducing the property tax.[7]
May 10:
- Ohio 60% Vote Requirement to Approve Constitutional Amendments Measure: The ballot measure would require a 60% vote for voters to approve constitutional amendments. The Legislature referred the measure to a special election for August 8, 2023, ahead of the potential vote on citizen-initiated constitutional amendments in November. An initiative to establish a state constitutional right to abortion could be on the ballot in November.[8]
2024 certifications
- See also: Ballotpedia's Tuesday Count for 2024
From April 15 through May 14, six statewide measures were certified for the ballot in Colorado, Florida, Iowa, and North Dakota for the elections in 2024.
April 17:
- Colorado Property Tax Exemption for Veterans with Individual Unemployability Status Amendment: The ballot measure would expand the homestead property tax exemption for veterans with service-related disabilities. As of 2023, veterans in Colorado who are rated as 100% permanently disabled qualify for a homestead property tax exemption that exempts 50% of the first $200,000 of a property's actual value from property taxes. This amendment would expand the property tax exemption for veterans with a disability to veterans with individual unemployability status beginning in 2025.[9]
April 19:
- Florida Partisan School Board Elections Amendment: The constitutional amendment would make school board elections partisan in Florida. As of 2023, school board elections are nonpartisan. To be approved by voters, a 60% vote is required. If approved, the amendment would take effect during the 2026 school board elections.[10]
- Iowa Gubernatorial Succession Amendment: The constitutional amendment would create a system of succession in the case of temporary or permanent disability of the governor. The amendment would provide that if the governor dies, resigns, or is removed from office, the lieutenant governor would assume the office of governor for the remainder of the term, thereby creating a vacancy in the office of lieutenant governor. Under the amendment, if the lieutenant governor assumed the office of governor, they would have the authority to appoint a new lieutenant governor. As of 2023, in Iowa, if the governor leaves office, the lieutenant governor becomes responsible for fulfilling the duties and assumes the powers of the governor, but does not have the authority to appoint a new lieutenant governor.[11]
April 25:
- North Dakota Legacy Fund Transfers Amendment: The ballot measure would decrease the amount of money lawmakers can spend from the state legacy fund. Currently, lawmakers can spend up to 15% of the principal of the fund over a period of two years, with a vote of two-thirds of each chamber of the state legislature approving. This amendment, if approved by voters, would decrease this amount to 5%. This amendment would also provide the state treasurer to make a distribution from the state legacy fund to a legacy earnings fund rather than distributing accrued earnings to the state general fund every two-year period.[12] The North Dakota Legacy Fund is a sovereign wealth fund that was established in 2010 when voters approved Constitutional Measure 1 by 63%-36%.
April 28:
- Florida Right to Hunt and Fish Amendment: Florida could become the 24th state to establish a constitutional right to hunt and fish in 2024. The ballot measure would add a 28th section to the Declaration of Rights in the Florida Constitution to say that hunting and fishing are the preferred means for "responsibly managing and controlling fish and wildlife" and "shall be preserved forever as a public right." The amendment would not limit the powers of the Fish and Wildlife Conservation Commission to regulate hunting and fishing.[13]
May 8:
- Colorado Independent Judicial Discipline Adjudicative Board Amendment: The ballot measure would create an independent judicial discipline adjudicative board and create rules for the judicial discipline process in Colorado.[14]
Headlines
Texas State Legislature proposed 297 constitutional amendments in 2023
The Texas State Legislature proposed 297 constitutional amendments during the 2023 legislative session, an increase over previous odd-year regular sessions where legislators proposed 218 amendments in 2021 and 216 amendments in 2019. Texas is one of a handful of states that frequently vote on constitutional amendments in odd-numbered years. Forty-five of the 297 proposed amendments have passed one chamber as of May 14, and would appear on the 2023 ballot if passed in the second chamber. The state legislature is set to adjourn May 29.
Between 2009 and 2021, an average of 196 constitutional amendments were filed during regular legislative sessions. The state legislature approved an average of nine constitutional amendments each session, meaning the average chance of a proposed constitutional amendment appearing on the ballot was 4.7%
In 2023, members of the Senate introduced 93 of the amendments (31%), and members of the House introduced 204 amendments (69%). Republican legislators filed 184 amendments (62%), and Democrats filed 113 amendments (38%).
In 2023, Republicans control both chambers of the state legislature, as well as the governor's office, making Texas a Republican trifecta. At the general election on November 8, 2022, Republicans retained control of the House and Senate, increased their 86-64 majority in the House, and gained one seat in the Senate. The new majority in the Senate following the election was 19-12.
Changes in the state have impacted the prospects of constitutional amendments making the ballot. Republicans held 21 seats in the state Senate in 2018, which was enough to pass a constitutional amendment without support from Democrats. In 2023, Republicans held 19 seats, meaning at least two Democrats were needed to pass a constitutional amendment in the state Senate. In 2022, the last election in Texas featuring constitutional amendments, both amendments received unanimous support from voting Senate Democrats.
Between 1995 and 2021, Texans decided on 175 statewide ballot measures appearing on odd-numbered year ballots. Voters approved 160 measures and defeated 15.
See also
- 2023 ballot measures
- Ballot initiatives filed for the 2023 ballot
- Ballot Measure Scorecard, 2023
- Ballotpedia's Tuesday Count for 2023
Related articles
Footnotes
- ↑ Bangor Daily News, "Legislature asks Maine’s high court to settle referendum dispute with Janet Mills," May 14, 2023
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
- ↑ Texas State Legislature, "SJR 32," accessed April 12, 2023
- ↑ Texas State Legislature, "HJR 126 Overview," accessed April 11, 2023
- ↑ Colorado State Legislature, "House Bill 1290," accessed May 4, 2023
- ↑ Maine Secretary of State, "An Act To Create the Pine Tree Power Company, a Nonprofit, Customer-owned Utility," October 22, 2021
- ↑ Colorado State Legislature, "Senate Bill 303," accessed May 5, 2023
- ↑ The Ohio Legislature, "Senate Joint Resolution 2," accessed April 20, 2023
- ↑ Colorado State Legislature, "House Concurrent Resolution 23-1002," accessed March 20, 2023
- ↑ Florida State Legislature, "House Joint Resolution 31," accessed March 31, 2023
- ↑ Iowa State Legislature, "House Joint Resolution 2005," accessed April 11, 2022
- ↑ North Dakota State Legislature, "House Concurrent Resolution 3033," accessed April 27, 2023
- ↑ Florida State Senate, "HJR 1157," accessed April 26, 2023
- ↑ Colorado State Legislature, "House Concurrent Resolution 23-1001," accessed April 12, 2023
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