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State Ballot Measure Monthly: September 2021
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers certifications and a selection of notable ballot measure news from Aug. 19 through Sept. 16.
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Number of certifications in past years
Odd-numbered years:
- An average of 29 measures were certified for odd-year ballots by this point from 2011 through 2019.
- An average of 31 statewide measures were eventually certified for odd-year ballots from 2011 to 2019.
Even-numbered years:
- An average of 44 measures were certified for the following even-year ballots by this point from 2011 through 2019.
- An average of 172 statewide measures were eventually certified for even-year ballots from 2012 to 2020.
2021 certifications
From Aug. 19 through Sept. 16, three statewide measures were certified for the Nov. 2 ballot in Colorado.
Aug. 25:
- Colorado Proposition 119, Creation of Out-of-School Education Program and Marijuana Sales Tax Increase Initiative (2021) - This initiative would create an out-of-school education program called the Learning Enrichment and Academic Progress Program (LEAP). It would also increase the marijuana retail sales tax by 5% to partially fund the program. Proponents submitted signatures on July 30, 2021. The secretary of state projected through a 5% sample that, of the 203,335 signatures submitted, 145,076 were valid; 124,632 were required. The support campaign spent $974,756 on signature gathering.
Aug. 26:
- Colorado Proposition 120, Reduce Property Tax Rates and Retain $25 Million in TABOR Surplus Revenue Initiative (2021) - This initiative was designed to reduce the residential property tax assessment rate from 7.15% to 6.5% and the non-residential property tax assessment rate from 29% to 26.4%. It would also authorize the state to retain and spend $25 million in revenue above the state's TABOR spending cap for five years, which it would otherwise be required to refund to taxpayers. Proponents submitted signatures on the Aug. 2 deadline. The secretary of state projected through a 5% sample that, of the 192,562 signatures submitted, 138,567 were valid; 124,632 were required. The support campaign spent $868,728 on signature gathering.
Aug. 31:
- Colorado Amendment 78, Custodial Fund Appropriations Initiative (2021) - This initiative would amend the state constitution and state law to transfer the power to appropriate custodial funds (state revenue not generated through taxes) from the state treasurer to the state legislature. It would also require opportunities for public comment during public hearings for appropriations of such funds. Since this measure would amend the constitution, petitioners needed to collect signatures equal to 2 percent of the registered voters who live in each of the state's 35 senate districts. A 55 percent supermajority vote is also required to approve the measure. Proponents submitted signatures on the Aug. 2 deadline. The secretary of state projected through a 5% sample that, of the 195,911 signatures submitted, 135,601 were valid; 124,632 were required. The support campaign spent $1,230,370 on signature gathering.
2022 certifications
- See also: Ballotpedia's Tuesday Count for 2022
From Aug. 19 through Sept. 16, one statewide measure was certified for the 2022 ballot in Texas.
Aug. 26:
- Texas Proposition 1, Property Tax Limit Reduction for Elderly and Disabled Residents Amendment (May 2022) - This amendment would authorize the state legislature to reduce the property tax limit for school maintenance and operations taxes imposed on the homesteads of elderly or disabled residents to reflect any tax rate reduction enacted by law from the preceding tax year. Both chambers of the legislature approved the amendment unanimously. The Texas Legislature generally puts constitutional amendments on the ballot for odd-year elections. This amendment was approved in 2021 too late for it to go on the Nov. 2 ballot, so it was put on the May 2022 ballot. Between 1995 and 2019, 167 of 169 (99 percent) statewide ballot measures appeared on odd-year ballots; two measures appeared on even-year ballots.
Minnesota Supreme Court rules in favor of Nov. 2 ballot initiative to replace Minneapolis Police Department
Voters in Minneapolis, Minnesota, will see a citizen-initiated charter amendment on their ballots to replace the Minneapolis Police Department. On Sept. 14, District Court Judge Jamie Anderson ruled that the ballot question for the proposal was unreasonable and misleading and enjoined election officials from counting votes on Nov. 2. On Sept. 15, the Minnesota Supreme Court overturned the lower court, requiring results to be counted. The supreme court said that the challenge by plaintiffs to the ballot language did not meet the standard set by case law and said it would issue a full opinion at a later date.
Judge Anderson had ruled on the ballot language on three occasions. On Aug. 13, Anderson ruled against the Minneapolis City Council for including a statement summarizing the ballot measure that “[waded] into a grey area of explanation that is not allowed.” On Sept. 7, Anderson struck down a ballot question as “vague to the point of being misleading” and said that "ambiguities risk creating a 'chaotic situation' in Minneapolis.” The Minneapolis City Council approved a different, longer ballot question in response to the judge’s order. On Setp. 14, Anderson struck down the new council-approved ballot question. As ballots went to print on Sept. 7, the Minneapolis City Council cannot again change the question on the November ballot. The previous two cases were not appealed to the Minnesota Supreme Court.
The ballot initiative followed the Minneapolis City Council’s attempt to craft an ordinance replacing the MPD following the death of George Floyd on May 25, 2020. Derek Chauvin, the police officer who killed Floyd, was charged and sentenced for murder and manslaughter. The Minneapolis City Council approved legislation for a ballot in 2020, but, on Aug. 5, 2020, the city’s charter commission voted 10-5 to take an additional 90 days to evaluate the proposal and not send the proposal back to the City Council, blocking the measure from appearing on the ballot in 2020.
In 2021, the campaign Yes 4 Minneapolis launched a ballot initiative campaign to replace the MPD. Kandace Montgomery, director of Black Visions Collective, is the board chairperson of Yes 4 Minneapolis, and JaNaé Bates, a theologian and communications director of ISAIAH, is the campaign’s communications director. Through the most recent report filing deadline on July 27, Yes 4 Minneapolis had received $1.48 million, including $500,000 from Open Society Policy Center and $430,383 from MoveOn.
The ballot initiative has the support of U.S. Rep. Ilhan Omar (D-5) and Minnesota Attorney General Keith Ellison (D). Opponents include U.S. Sen. Amy Klobuchar (D), U.S. Rep. Angie Craig (D-2), Gov. Tim Walz (D), and Mayor Jacob Frey (D). A campaign called All of Mpls is opposing the proposal. Through July 27, All of Mpls raised $109,465.
The ballot initiative is one of three policing-related local measures on the ballot for Nov. 2 that Ballotpedia is covering. The others are a ballot initiative in Austin, Texas, to require a minimum number of police officers; and a ballot initiative in Cleveland, Ohio, to create a commission to oversee police misconduct investigations and discipline.
Federal judge rules South Dakota initiative signature deadline unconstitutional
On Aug. 30, the United States District Court for the District of South Dakota Northern Division ruled that South Dakota's signature deadline of one year before the election created an unconstitutional burden unjustified by the state's interests for initiated state statutes. The ruling set the signature submission deadline for initiated state statutes to be the first Tuesday in May of an election year, which is May 3, 2022, for 2022 ballot measures.[1]
Before the ruling, the state's signature submission deadline for both 2022 initiated constitutional amendments and initiated state statutes was Nov. 8, 2021. Sponsors of initiated state statutes now have until May 3, 2022, unless the ruling is overturned upon appeal. The ruling left in place the deadline of one year before the election for initiated constitutional amendments.
Since initiative petitioners are allowed to file initiatives two years before an election, this ruling effectively increased the amount of time petitioners can collect signatures for initiated state statutes from one year to 18 months. The ruling said, however, that the legislature could change the language in state law to reduce the circulation window back to one year.[1]
Louisiana governor delays Oct. 9 election, including constitutional amendments, to Nov. 13
- See also: Louisiana 2021 ballot measures
On Sept. 9, Gov. John Bel Edwards (D) postponed the state's fall elections. The state's first-round and second-round elections will now take place on Nov. 13 and Dec. 11, respectively. The first-round and second-round elections were originally scheduled to take place on Oct. 9 and Nov. 13.
Louisiana Secretary of State Kyle Ardoin said, "A number of issues stemming from Hurricane Ida's devastation, including questions about nursing home operations, postal service delivery, extensive power outages, polling location damages, and election commissioners and staff members still displaced, would make holding the election on its original dates virtually impossible without impairing the integrity of the election."
The fall ballot includes three special state legislative elections, municipal elections in New Orleans, four constitutional amendments, and several local ballot measures.
See also
- 2021 ballot measures
- 2022 ballot measures
- List of ballot measures by state
- List of ballot measures by year
- Ballot initiatives filed for the 2021 ballot
- Ballot Measure Scorecard, 2021
- Ballot Measure Scorecard, 2022
- Ballotpedia's Tuesday Count for 2021
- Ballotpedia's Tuesday Count for 2022
Related articles
Footnotes
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