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State Ballot Measure Monthly: September 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 notable ballot measure news from August 15 through September 14.
Overview: Nationally, 137 ballot measures have been certified in 37 states.
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 150 ballot measures were certified for even-numbered year ballots in mid-August 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 August 15 through September 14, 13 statewide measures were certified for the ballot in Arizona, Colorado, Idaho, Massachusetts, Michigan, Nebraska, and North Dakota. One measure was removed from the ballot in Idaho.
August 15
- North Dakota Marijuana Legalization Initiative: Voters will decide on a citizen-initiated measure to legalize marijuana for a second time. In 2018, North Dakotans rejected Measure 3, which would have legalized marijuana. Measure 3 did not include a provision on regulations, while this year's initiative would establish business licensing rules and require the state to regulate the production and distribution of marijuana.
August 17
- Arizona Proposition 209: Interest Rate Limit on Debt from Healthcare Services and Collection Exempt Property and Earnings Increase Initiative: The initiative would cap the interest rate for debt accrued from receiving healthcare services at 3% or less, increase the homestead and motor vehicle values exempt from debt collection, and decrease the disposable earnings subject to debt collection from 25% to 10%. The organization Healthcare Rising Arizona and labor union SEIU-UHW West provided 98% of the $7.76 million the campaign backing the proposal has received.
August 26
- Arizona Proposition 211: Campaign Finance Sources Disclosure Initiative: The initiative would require persons or entities who spend $50,000 or more on a statewide campaign, or $25,000 or more on a local or state legislative campaign, to disclose the money's original sources. The phrase original sources would be defined as the persons or businesses that earned the money being spent.
- Colorado Proposition 124: Retail Liquor Store Licenses Initiative: The initiative would increase the number of retail liquor store licenses an individual can own or hold a share in. The number would increase from three to eight in 2026, 13 in 2031, 20 in 2036, and an unlimited number in 2037. U.S. Rep. David Trone (D-MD) and his brother Robert Trone, who together own Total Wine, are the top donors to the campaign Coloradans for Consumer Choice and Retail Fairness, which supports Proposition 124.
- Colorado Proposition 125: Grocery and Convenience Store Wine Sales Initiative: The initiative would create a new fermented malt beverage and wine license to allow stores that are licensed to sell beer to also sell wine for off-site consumption. The Wine in Grocery Stores PAC is leading the campaign in support of Proposition 125 and Proposition 126. DoorDash and InstaCart are the committee's two largest donors.
- Colorado Proposition 126: Alcohol Delivery Service Initiative: The initiative would allow retail establishments licensed to sell alcohol for off-site consumption to offer deliveries or provide for third-party alcohol deliveries. The Wine in Grocery Stores PAC is also support Proposition 126.
September 1
- Idaho Income and Corporate Tax Changes and Education Funding Advisory Question: House Bill 1 (HB 1), signed on Sept. 1, included an advisory question on the bill's tax and education spending provisions. HB 1 changed the income and corporate tax rates to a flat tax rate of 5.8% and allocated $410 million from the state’s sales tax revenue to the public school income fund and in-demand careers fund.
September 6
- Nebraska Minimum Wage Increase Initiative: The ballot initiative would increase the state's minimum wage to $15.00 an hour. The state's current minimum wage is $9 an hour. Beginning in 2023, the minimum wage would increase $1.50 each year until reaching $15.00 in 2026. The minimum wage would then be adjusted each year based on increases to the Consumer Price Index for All Urban Consumers (CPI-U) for the Midwest Region. The campaign behind the proposal, Raise the Wage Nebraska, raised $1.62 million, including $684,490 from the Sixteen Thirty Fund.
- Nebraska Photo Voter Identification Initiative: The initiative would amend the Nebraska Constitution to require a valid photo ID to vote and authorize the Senate to pass laws to implement the requirement. Citizens for Voter ID, the campaign sponsoring the measure, raised $2.08 million, including $1.88 million from Marlene Ricketts.
September 7
- Removal - Idaho Proposition 1: Income Tax Increases for Education Funding Initiative: Proponents withdrew the initiative, Proposition 1, after Gov. Brad Little (R) signed House Bill 1 on Sept. 1. The initiative would have increased the tax on income above $250,000 for individuals, trusts, and estates and above $500,000 for couples to $16,097 plus 10.925%. The proposal would have also increased the corporate income tax from 6% to 8%. Revenue from the tax increases would have been distributed to public school districts and charter schools. Luke Mayville, founder of the organization that sponsored Proposition 1, said, "There are two ways a ballot initiative can win. One way is by securing a majority of the vote at the ballot box. Another way is by forcing the Legislature to do something they would never have otherwise done."[2]
- North Dakota Term Limits for Governor and State Legislators Initiative: The initiative would limit the governor to two terms and state legislators to eight years in each chamber. In March, the Secretary of State Al Jaeger (R) announced that proponents did not submit a sufficient number of valid signatures for the initiative to be certified. On Sept. 7, the court ruled 5-0 that Jaeger misapplied the law when invalidating the signatures and the proposal must be placed on the ballot for Nov. 8.
September 9
- Massachusetts Question 4: Remove Proof of Citizenship or Immigration Status for Driver's License Applications Referendum: The veto referendum would uphold House Bill 4805 (HB 4805), which prohibits registrars from asking about an applicant’s citizenship or immigration status when applying for driver's licenses and motor vehicle registration. On June 9, the Massachusetts General Court voted to override Gov. Charlie Baker's (R) veto of HB 4805. Opponents then organized a petition drive to place the bill on the ballot as a referendum.
- Michigan Proposal 2: Right to Voting Policies Amendment: The ballot initiative would make changes to several voting policies, such as allowing a signed affidavit as an alternative to a photo ID; requiring nine days for early voting; requiring the state to fund pre-paid postage for absentee ballots; requiring the state to provide a minimum number of ballot drop boxes relative to an area's population; and requiring elections to be determined based on the vote of electors casting ballots in the election. Proposal 2 would also add language to the Michigan Constitution saying that citizens have a right to vote without harassment, threats, or intimidating conduct and prohibiting individuals, companies, and governments from "denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote."
- Michigan Proposal 3: Right to Reproductive Freedom Initiative: The citizen-initiated measure would create a state constitutional right to reproductive freedom — a phrase defined to include decisions related to abortion, contraceptives, and other pregnancy-related matters. As a state constitutional amendment, Proposal 3 would preempt statutes to prohibit abortion, such as Michigan Act 328 of 1931. Proposal 3 would legislators to regulate abortion after fetal viability. The ACLU and Planned Parenthood provided funding to the support campaign, Reproductive Freedom for All. Opponents, organized as Citizens to Support MI Women and Children, received funds from the Michigan Catholic Conference and Right to Life of Michigan.
Headlines
- See also: History of abortion ballot measures
In 2022, there are six ballot measures addressing abortion—the most on record. Measures have been certified for the ballot in California, Kansas, Kentucky, Michigan, Montana, and Vermont. Votes on these ballot measures follow Dobbs v. Jackson Women’s Health Organization, which held that the U.S. Constitution does not confer a right to abortion.
Voters in California, Michigan, and Vermont will be the first to decide on ballot measures to establish state constitutional rights to abortion. These measures are also the first abortion-related ballot measures since 1992 to have the support of organizations that describe themselves as pro-choice/pro-reproductive rights.
In August, voters in Kansas rejected a measure to provide that the state constitution cannot be interpreted to establish a state constitutional right to abortion. Turnout on the amendment was 49%, exceeding the number of votes cast in the state's U.S. Senate and gubernatorial primaries on Aug. 2. On November 8, voters in Kentucky will decide on a similar amendment. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws.
In November, voters will decide on five abortion-related ballot measures:
- California Proposition 1: Amends the California Constitution to provide that the state cannot "deny or interfere with an individual’s reproductive freedom in their most intimate decisions," including decisions to have an abortion or to choose or refuse contraceptives
- Kentucky Constitutional Amendment 2: Amends the Kentucky Constitution to state that nothing in the state constitution creates a right to abortion or requires government funding of abortions
- Michigan Proposal 3: Amends the Michigan Constitution to provide a state constitutional right to reproductive freedom, defined to include abortion, contraception, and other matters related to pregnancy
- |Montana LR-131: Provides, in state law, that infants born alive at any stage of development are legal persons and requires medical care to be provided to infants born alive after an induced labor, cesarean section, attempted abortion, or another method
- Vermont Amendment: Amends the Vermont Constitution to provide a state constitutional right to personal reproductive autonomy
From 1970 to August 2022, there have been 48 abortion-related ballot measures, and 41 (85%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (27%) and rejected 30 (73%) of these 41 ballot measures. The other seven abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved four (57%) and rejected three (43%).
Looking to 2024: California Legislature votes to send amendment repealing the local vote requirement for certain housing projects to ballot
On Aug. 31, the last day of the legislative session, the California State Legislature voted to send Senate Constitutional Amendment 2 (SCA 2) to the ballot in 2024. SCA 2 would repeal Article 34 of the California Constitution, which requires local voter approval via a ballot measure for federal and/or state government-funded housing projects classified as low-rent. The measure would allow housing projects that are intended for households at certain income thresholds and that receive government funding or assistance to be developed, constructed, or acquired without a local referendum.
Article 34 was adopted in 1950 with the passage of Proposition 10, an initiated constitutional amendment. Proposition 10 was approved by a margin of 50.8% to 49.2%. In 1980 and 1993, voters rejected ballot measures to repeal or amend Proposition 10.
In California, a two-thirds vote is needed in each chamber of the California State Legislature to refer a constitutional amendment to the ballot for voter consideration.
Senators Ben Allen (D) and Scott Wiener (D) introduced the constitutional amendment on Dec. 7, 2020. On Jan. 26, 2022, the Senate passed the amendment in a unanimous vote of 37-0 with three senators absent. On Aug. 31, 2022, the California State Assembly passed the amendment in a unanimous vote of 73-0 with seven assembly members absent.
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
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
- ↑ Idaho Press, "Mayville statement: Before initiative push, 'investment in education on this scale would never have been considered'," September 1, 2022
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