Help us improve in just 2 minutes—share your thoughts in our reader survey.
State Ballot Measure Monthly: September 2020
| 2020 U.S. state ballot measures | |
|---|---|
2021 »
« 2019
| |
 | |
| Overview | |
| Scorecard | |
| Tuesday Count | |
| Deadlines | |
| Requirements | |
| Lawsuits | |
| Readability | |
| Voter guides | |
| Election results | |
| Year-end analysis | |
| Campaigns | |
| Polls | |
| Media editorials | |
| Filed initiatives | |
| Finances | |
| Contributions | |
| Signature costs | |
| Ballot Measure Monthly | |
| Signature requirements | |
Have you subscribed yet?
Join the hundreds of thousands of readers trusting Ballotpedia to keep them up to date with the latest political news. Sign up for the Daily Brew.
| |
September 16, 2020, updated September 17
By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers the final statewide ballot measure certifications for the year. In this edition: newly certified measures, court rulings removing ballot items, and some notable issues heading to voters. Twelve statewide measures were certified for the Nov. 3 ballot in Arkansas, Arizona, Colorado, Maine, Nebraska, and North Dakota since Aug. 16. Six measures were removed from the Nov. 3 ballot in Arkansas, Maine, Nebraska, and North Dakota.
A total of 120 statewide measures were certified for the Nov. 3 ballot in 32 states. Across all six statewide ballot measure elections dates in 2020, 128 statewide measures were certified in 34 states. Alabama, California, Maine, Missouri, Oklahoma, and Wisconsin voters decided eight measures over the spring and summer. The remaining 120 measures are on the Nov. 3 ballot.
Note: This initial version of this edition of the State Ballot Measure Monthly did not include four non-binding, advisory questions in Washington or a tax exemption legislative referral in Georgia. For a full list of all 128 2020 ballot measures, including all 120 Nov. 3 ballot measures, click here.
| States with 2020 measures and newly certified measures | ||
|---|---|---|
| State | Number | # last month |
| Alabama | 7 | +0 |
| Alaska | 2 | +0 |
| Arizona | 2 | +1 |
| Arkansas | 3 | -1 |
| California | 13 | +0 |
| Colorado | 11 | +4 |
| Florida | 6 | +0 |
| Georgia | 3 | +0 |
| Idaho | 1 | +0 |
| Illinois | 1 | +0 |
| Iowa | 1 | +0 |
| Kentucky | 2 | +0 |
| Louisiana | 7 | +0 |
| Maine | 3 | +0 |
| Maryland | 2 | +0 |
| Massachusetts | 2 | +0 |
| Michigan | 2 | +0 |
| Mississippi | 3 | +0 |
| Missouri | 3 | +0 |
| Montana | 5 | +0 |
| Nebraska | 6 | +3 |
| Nevada | 5 | +0 |
| New Jersey | 3 | +0 |
| New Mexico | 5 | +0 |
| North Dakota | 2 | -1 |
| Oklahoma | 3 | +0 |
| Oregon | 4 | +0 |
| Rhode Island | 1 | +0 |
| South Dakota | 3 | +0 |
| Utah | 7 | +0 |
| Virginia | 2 | +0 |
| Washington | 6 | +0 |
| Wisconsin | 1 | +0 |
| Wyoming | 1 | +0 |
| Total | 128 | +6 |
Number of certifications in past years:
The graph below shows the number of certifications in each week of 2012, 2014, 2016, and 2018, as well as the average for each week. The graph also shows 2020 certifications.
- 2018: By the third week of September, 169 measures had been certified for the 2018 ballot.
- Ultimately, 167 measures were on the ballot in 2018.
- 2016: By the third week of September, 163 measures had been certified for the 2016 ballot.
- Ultimately, 162 measures were on the ballot in 2016.
- 2014: By the third week of September, 158 measures had been certified for the 2014 ballot.
- Ultimately, 158 measures were on the ballot in 2014.
- 2012: By the third week of September, 185 measures had been certified for the 2012 ballot.
- Ultimately, 188 measures were on the ballot in 2012.
Notable 2020 topics and measures
Elections policies
Eighteen measures in 14 states concern election policy, including campaign finance, election dates, election systems, redistricting, suffrage, and term limits. Below are some of the most noteworthy measures:
Ranked-choice voting and primary election systems:
Voters in five states will decide ballot measures changing their election systems for congressional, state legislative, and statewide offices. Alaska and Massachusetts voters will decide ranked-choice voting initiatives.
The Alaska measure would create open primaries from which the top four vote-getters move on to a ranked-choice voting general election. The Massachusetts initiative would use ranked-choice voting for primaries and general elections. Top-four primary and ranked-choice voting general election initiatives similar to the measure in Alaska were also certified for the ballot in Arkansas and North Dakota, but courts removed them from the ballot.
Florida voters will decide an initiative that would replace the state's closed primary elections with top-two open primary elections for state offices.
Colorado voters will be the first to weigh in on the National Popular Vote Interstate Compact (NPVIC). In 2019, the Colorado State Legislature passed a bill to add the state to the NPVIC. As part of the Compact, its electoral votes would be awarded to the presidential candidate who wins the majority of the national popular vote -- but only if states representing at least 270 electoral votes join the Compact. The campaign Protect Colorado's Vote filed a veto referendum to overturn the law. On Nov. 3, voters will decide whether to uphold or repeal the law.
Click here to read more about election system changes on the ballot.
Redistricting:
Voters in Missouri, New Jersey, and Virginia will decide redistricting measures.
In 2018, Missouri voters approved Amendment 1, the Lobbying, Campaign Finance, and Redistricting Initiative, which created the non-partisan state demographer responsible for state legislative redistricting. The 2020 legislatively referred measure, Amendment 3, would repeal the non-partisan state demographer and return the state to using bipartisan redistricting commissions. The 2020 amendment would also maintain the criteria of competitiveness and partisan fairness that was enacted in 2018, but it would require that population, voter rights abridgment, contiguous districts, simple shapes, and the rules for counties be considered with a higher priority.
Virginia Question 1 would transfer the power to draw the state's congressional and legislative districts from the state legislature to a redistricting commission composed of state legislators and citizens. Currently, the Virginia General Assembly is responsible for drawing the state's congressional and state legislative district boundaries. The redistricting plans are passed as legislation and subject to the gubernatorial veto.
Click here to read more about redistricting-related measures on the ballot.
Suffrage:
Voters in Alabama, Colorado, and Florida will decide measures designed to change existing constitutional language providing the right to vote to say "only a citizen of the United States," rather than "every citizen of the United States," who is 18 years old or older has the right to vote.
Voters in California will decide whether to allow 17-year-olds to vote in primary and special elections if they will be 18 by the next general election. Voters will also decide whether to allow convicted felons who are on parole the ability to vote.
Click here to read more about suffrage-related measures on the ballot.
Marijuana
Voters in Arizona, Montana, New Jersey, and South Dakota will vote on whether to legalize recreational marijuana.
Voters in South Dakota and Mississippi will decide medical marijuana initiatives. South Dakota is the first state to vote on both recreational and medical marijuana measures at the same election.
Click here to read more about marijuana on the ballot in 2020.
Taxes
This year, voters in 12 states will vote on 19 tax-related ballot measures. Ten of the measures address taxes on properties, three are related to income tax rates, two address tobacco taxes, one addresses business-related taxes, one addresses sales tax rates, one addresses fees and surcharges, and one is related to tax-increment financing (TIF). Below are three noteworthy measures:
Arizona voters will decide whether to add a 3.5% tax to income above $250,000 (single filing) or $500,000 (joint filing) to provide funding for education.
Colorado voters will decide whether to decrease the state's flat income tax rate from 4.63% to 4.55%.
The Illinois State Legislature proposed the constitutional amendment to allow the state to enact legislation for a graduated income tax. Currently, the state constitution requires a flat income tax rate. Gov. J.B. Pritzker (D), who advocated for a graduated income tax during his gubernatorial campaign, has donated to the campaign backing the amendment.
Click here to read more about tax policies on the ballot in 2020.
Unique measures
- Colorado Proposition 114, Gray Wolf Reintroduction Initiative (2020) - This first-of-its-kind citizen initiative would require the Colorado Parks and Wildlife Commission to create a plan to reintroduce and manage gray wolves on designated lands west of the continental divide by the end of 2023.
- Mississippi Ballot Measure 3, State Flag Referendum (2020) - Mississippi voters will be shown a colored picture of a new proposed state flag, named the In God We Trust Flag. Voters may vote either yes to adopt the new flag or no to oppose adopting the new state flag. If voters reject the new proposed, the Commission to Redesign the Mississippi State Flag will propose a new design for a special election in November 2021. On June 30, the Mississippi Legislature approved and Governor Tate Reeves (R) signed House Bill 1796, which removed the official status of Mississippi's previous flag and called for the Nov. 3 flag referendum.
- Rhode Island Question 1, Name Change Amendment (2020) - This amendment would remove "Providence Plantations" from the official state name. Rhode Island voters defeated a similar measure in 2010.
- Oregon Measure 109, Psilocybin Mushroom Services Program Initiative (2020) - Oregon could become the first state to legalize the use of psilocybin if voters approve Measure 109. The initiative would create a program for administering psilocybin products, such as psilocybin-producing mushrooms and fungi, to individuals aged 21 years or older in approved psilocybin service centers under the supervision of a facilitator.
- Oregon voters will also decide Measure 110, which would make personal/non-commercial possession of all controlled substances no more than a Class E violation. It would also establish a drug addiction treatment and recovery program funded in part by the state's marijuana tax revenue and state prison savings.
- Washington, D.C., voters decided an initiative on Nov. 3 to declare that police treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities.
- Voters in Denver, Colorado, approved Initiated Ordinance 301 in 2019 with 50.64% of the vote. The ordinance made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibited the city from spending resources on enforcing related penalties. Two other cities—Oakland and Santa Cruz—have also decriminalized psilocybin through local ordinances.
Campaign finance and the most expensive measures
- See also: Ballot measure campaign finance, 2020
Committees registered to support or oppose the 124 statewide measures certified for 2020 ballots reported a combined total of $565.3 million in contributions and $224.9 million in expenditures so far.
The following five states have the most ballot measure campaign finance activity reported so far:
- California - $316.8 million in contributions
- Illinois - $80.4 million in contributions
- Florida - $28.4 million in contributions
- Colorado - $23.4 million in contributions
- Oregon - $14.1 million in contributions
The most expensive measure so far is California Proposition 22, the App-Based Drivers as Contractors and Labor Policies Initiative. So far, the support committees have raised $181.4 million, including $48.3 million from Lyft, Inc., $47.9 million from Uber Technologies, Inc., and $47.7 million from DoorDash, Inc. The opposition committees have raised $4.8 million, with the International Brotherhood of Teamsters providing $1.5 million. Proposition 22 is the most expensive ballot measure in California's history, based on available reports from Cal-Access, which provides information on campaign finance from 1999 to present.
The second more expensive ballot measure is the Illinois constitutional amendment to allow for a graduated income tax rate. Support committees have raised $58.4 million, mostly from Gov. J.B. Pritzker (D). Opposition committees have raised $21.4 million, mostly from Ken Griffin, the founder and CEO of Citadel.
Click here to see the other top 10 most expensive measures and other campaign finance analysis.
2020 certifications and removals
From Aug. 16 to Sept. 17, 12 statewide measures were certified for the Nov. 3 ballots, and six measures were removed from the ballot.
August 17:
- Colorado Proposition 116, Decrease Income Tax Rate from 4.63% to 4.55% Initiative (2020) - This initiative would decrease the state income tax rate from 4.63% to 4.55% for individuals, estates, trusts, and foreign and domestic C corporations operating in Colorado. Proponents reported submitting around 197,000 signatures on July 31, 2020. Colorado Secretary of State Jena Griswold (D) certified the measure for the ballot after a random sampling projected that 140,058 of the 198,538 submitted signatures were valid. A total of 124,632 signatures were required.
August 21:
- Arizona Proposition 208, Tax on Incomes Exceeding $250,000 for Teacher Salaries and Schools Initiative (2020) - This initiative would enact a 3.5% tax (in addition to the existing 4.5% tax) on income above $250,000 (single filing) or $500,000 (joint filing). It would distribute the revenue from the 3.5% tax to teacher and classroom support staff salaries, teacher mentoring and retention programs, career and technical education programs, and the Arizona Teachers Academy. Invest in Education submitted a projected 253,046 valid signatures. At least 237,645 were required. In 2018, Invest in Education campaigned for a similar ballot initiative. The Arizona Supreme Court voted 5-2 to remove the measure from the ballot. Justices ruled that the petitions should have used the words percentage points, rather than the percent symbol to describe the tax increases, and should have stated that income tax brackets would no longer be adjusted for inflation. The Arizona Supreme Court also ruled on legal challenges to the 2020 petition language, as well as the campaign's petitioner payment practices. The Court ruled that the petition language for Proposition 208 "did not create a significant danger of confusion or unfairness" and (2) the compensation structure and incentives for petition circulators did not violate the state's pay-per-signature ban.
- Arkansas Issue 4, Redistricting Commission Amendment (2020) - This initiative would have created the Citizens' Redistricting Commission and made the commission responsible for state legislative and congressional redistricting. Currently, the governor, the secretary of state, and the attorney general are responsible for legislative redistricting, and the legislature is responsible for congressional redistricting. The measure would have also provided certain criteria for redistricting maps. On Aug. 27, the Arkansas Supreme Court removed Issue 4 from the ballot, ruling that the campaign's certification that background checks were acquired for all signature gatherers did not satisfy state law requiring certification that all signature gatherers had passed background checks.
- Arkansas Issue 5, Top-Four Ranked-Choice Voting Initiative (2020) - This initiative would have established open primaries from which the top four vote-getters would have proceeded to a ranked-choice voting general election. It would have applied to congressional and state elections. The Arkansas Supreme Court also removed Issue 5 from the ballot for the same reason and Issue 4. A top-four ranked-choice voting initiative was also removed from the North Dakota ballot. Voters in Alaska will decide a top-four ranked-choice voting initiative, and Voters in Massachusetts will decide an initiative to establish ranked-choice voting for both primary and general elections.
August 24:
- Colorado Proposition 117, Require Voter Approval of Certain New Enterprises Exempt from TABOR Initiative (2020) - This initiative would require statewide voter approval of new state enterprises if the enterprise's projected or actual revenue from fees is greater than $100 million within its first five years. Enterprises are government-owned businesses that provide goods or services for a fee instead of through tax revenue and that are exempt from the Colorado Taxpayer's Bill of Rights (TABOR). TABOR requires voter approval for the state to spend tax revenue above a certain limit.
- Maine Ranked-Choice Voting for Presidential Elections Referendum (2020) - The measure would have let voters decide whether to approve or repeal Legislative Document 1083 (LD 1083), which established ranked-choice voting for presidential primaries and general elections. Also at stake was whether the state would use ranked-choice voting for the Nov. 3 presidential election: if the measure qualified for the ballot, LD 1083 would have been suspended and ranked-choice voting would not have been used. Secretary of State Matthew Dunlap announced that the campaign did not submit enough signatures to qualify the measure for the ballot. Superior Court Judge Thomas McKeon ruled that Dunlap had to accept a number of signatures he had rejected and certify the veto referendum for the ballot. On Sept. 8, the state Supreme Judicial Court stayed the lower court's decision, and Dunlap announced that general election ballots would be printed with ranked-choice voting for president and without the veto referendum.
August 25:
- Colorado Proposition 118, Paid Medical and Family Leave Initiative (2020) - This initiative would allow for 12 weeks of paid family and medical leave. An additional four weeks would be allowed for pregnancy or childbirth complications. The program would be funded through a payroll tax to be paid for by employers and employees in a 50/50 split. For the first two years of the program (2023 and 2024), the premiums would be 0.9% of the employee's wage (0.45% paid by the employer and 0.45% paid by the employee). Employers could choose to pay a larger percentage of the cost up to 100%. The payroll tax would be adjusted for 2025 so that the total amount of contributions to the program equal 135% of the previous year's claims and 100% of the administration costs. The tax could be adjusted up to a cap of 1.2% of each employee’s wages. Qualifying individuals would receive 90% of their weekly wage for wages that are less than 50% of the state average weekly wage (AWW). For wages above half of the AWW, beneficiaries would receive 50%. There would be a maximum benefit of $1,100 per week.
- Removal - North Dakota Top-Four Ranked-Choice Voting, Redistricting, and Election Process Changes Initiative (2020) - This initiative would have established top-four open primaries and ranked-choice voting for all statewide, legislative, and congressional races. The measure would have made the state's ethics commission, which voters approved through a citizen initiative in 2018, responsible for state legislative redistricting. The measure would have required a paper record for all ballots. It would have also required the secretary of state to audit each election within 120 days and would have required elections officials to send ballots to military and overseas voters at least 61 days before an election. The North Dakota Supreme Court removed the measure from the ballot ruling that the text of the constitutional amendment referenced statutory law and "embedding a statute into the Constitution, which by definition is a law inferior to the Constitution and subject to change by normal legislative procedure, would threaten the sanctity of our fundamental law."
August 27:
- Colorado Amendment 77, Allow Voters in Central, Black Hawk, and Cripple Creek Cities to Expand Authorized Games and Increase Maximum Bets Initiative (2020) - This initiative would allow voters in the cities of Central, Black Hawk, and Cripple Creek—the only places where gambling is legal in Colorado—to (1) approve a maximum single bet limit of any amount and (2) expand allowable game types in addition to slot machines, blackjack, poker, roulette, and craps. As a constitutional amendment, it requires a 55 percent supermajority vote for approval.
- Nebraska Medical Marijuana Initiative (2020) - This initiative would have allowed adults 18 years of age or older who have a serious medical condition—as determined by a licensed physician or nurse practitioner—to use, possess, purchase, and produce marijuana. It would also have allowed minors under the age of 18 to use marijuana for a serious medical condition. Users would need both permission from a parent or guardian and a recommendation from a licensed doctor or nurse. The measure also authorized the cultivation, processing, and transfer of marijuana by private entities. On Sept. 10, the Nebraska Supreme Court removed the measure from the ballot arguing that it violated the state's single-subject rule.
- Removal - Arkansas Issue 4, Redistricting Commission Amendment (2020) - The Arkansas Supreme Court removed this initiative from the ballot because the campaign failed to certify that signature gatherers had passed background checks.
- Removal - Arkansas Issue 5, Top-Four Ranked-Choice Voting Initiative (2020) - The Arkansas Supreme Court removed this initiative from the ballot because the campaign failed to certify that signature gatherers had passed background checks.
September 8:
- Removal - Maine Ranked-Choice Voting for Presidential Elections Referendum (2020) - The state Supreme Judicial Court stayed a lower court's decision that had forced Secretary of State Matthew Dunlap to certify the measure for the ballot. Following the ruling Dunlap announced that general election ballots would be printed with ranked-choice voting for president and without the veto referendum. According to The Portland Press Herald, the state Supreme Judicial Court had until September 24, 2020, to decide the appeal. Scott Thistle, a reporter for The Portland Press Herald, wrote, "If [the court] sides with Republicans, ranked-choice voting would be put on hold for the presidential race in November – and voters would likely decide the ballot measure at the next statewide election. If the court sides with Dunlap and the Committee for Ranked Choice Voting, then voters would rank their candidates by preference in the presidential race and the veto question would be dead."
September 10:
- The Nebraska Supreme Court ruled that a trio of initiatives that together would authorize, regulate, and tax gambling at horse racetracks did not violate the state’s single-subject rule and ordered they be placed on the November ballot. Secretary of State Bob Evnen (R) announced on Aug. 25 that initiatives would not be on the ballot although proponents collected the required number of valid signatures because they violated the state's single-subject rule.
- Removal - Nebraska Medical Marijuana Initiative (2020) - The Nebraska Supreme Court removed the measure from the ballot arguing that it violated the state's single-subject rule. The majority decision said, “As proposed, the [initiative] contains more than one subject--by our count, it contains at least eight subjects. In addition to enshrining in our constitution a right of certain persons to produce and medicinally use cannabis under subsections (1) and (2), in subsections (3) and (4), the [initiative] would enshrine a right and immunity for entities to grow and sell cannabis; and in subsections (6), (7), and (8), it would regulate the role of cannabis in at least six areas of public life. These secondary purposes are not naturally and necessarily connected to the [initiative’s] primary purpose.” Justices Jonathan Papik and Lindsey Miller-Lerman dissented.
September 17:
- Removal - Arkansas Issue 6, Practice of Optometry Referendum (2020) - The Arkansas Supreme Court removed this measure from the ballot, ruling that proponents of the measures failed to certify that signature gatherers passed background checks as required by law. The certification submitted by sponsors stated that background checks were acquired. Sponsors of the referendum, Safe Surgery Arkansas, said they would pursue a new ballot measure in 2022.
Ballotpedia is tracking local ballot measures related to policing and law enforcement proposed following the killing of George Floyd.
|
○ Los Angeles County, California |
○ Sonoma County, California |
○ Philadelphia, Pennsylvania |
Click here to read more.
If you would like to submit information about a local police-related measure, email editor@ballotpedia.org.
See also
- 2020 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot Measure Scorecard, 2020
- Ballotpedia's Tuesday Count for 2020
Related articles
Footnotes
| |||||
