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State Ballot Measure Monthly: September 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 August 9 through September 12.
Nationally, 41 ballot measures have been certified in eight states for elections in 2023, which is the most for an odd-numbered year since 2007, when 43 measures were on statewide ballots.
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 30 ballot measures were certified for odd-numbered year ballots during the second week of September 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 August 9 through September 12, one statewide measure was certified for the ballot in Ohio for the election on November 7, 2023.
August 16:
- Ohio Issue 2, Marijuana Legalization Initiative: The ballot initiative would legalize marijuana in Ohio, including:[2]
- allowing the sale and purchase of marijuana, which a new Division of Cannabis Control would regulate;
- allowing persons who are at least 21 years old to use and possess marijuana, including up to 2.5 ounces of marijuana; and
- enacting a 10% tax on marijuana sales.
- The Coalition to Regulate Marijuana Like Alcohol is leading the campaign in support of Issue 2. The top three donors to the campaign are the Marijuana Policy Project ($2.53 million); Larry Pegram, CEO of Pure Ohio Wellness ($375,000), and Cresco Labs Ohio, LLC ($295,000). An opposition campaign, Protect Ohio Workers and Families, registered as a PAC on August 9, which was after the most recent campaign finance deadline. The next deadline is October 26. Issue 2 is on the ballot with Issue 1, which would establish a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion and contraception.
Headlines
Signatures submitted for veto referendum in Nebraska
Support Our Schools Nebraska filed more than 117,000 signatures on Aug. 30 for a veto referendum to repeal Legislative Bill 753, which authorized tax credits for taxpayers who contribute to education scholarships for students to attend private schools.
In Nebraska, the number of signatures required for a veto referendum—without suspending the enactment of the targeted legislation—is equal to 5% of registered voters as of the deadline for filing signatures, which is about 60,000 valid signatures. In order to suspend the law before a vote, sponsors would have needed valid signatures equal to 10% of registered voters or about 120,000 signatures. The tax credits will take effect for tax year 2024 even if the referendum qualifies for the November 2024 ballot.
The deadline for filing signatures for a veto referendum was Aug. 30, which was 90 days after the legislature adjourned.
LB 753 was approved in the Nebraska State Senate by a vote of 33-11 on May 24, 2023. Gov. Jim Pillen (R) signed it on May 30. Gov. Pillen said, “This legislation is a historic step forward for the state of Nebraska. Our kids are our future, and we all believe that every Nebraska kid should have the opportunity to have their educational needs met, whether they live in Omaha or Scottsbluff. This law ensures that we are funding students, not systems.”
Support Our Schools Nebraska has been endorsed by the Nebraska State Education Association, a teachers union. The campaign’s website says, “In Nebraska, 9 in 10 students attend our public schools. Voucher tax schemes like LB753 funnel money away from our already-underfunded public schools and children and give tax dollars to private schools, including those that discriminate against children and their families.”
The last veto referendum to qualify for the ballot in Nebraska was in 2016 when voters repealed a law banning the death penalty. Sponsors of Referendum 426 filed enough signatures to suspend the law prior to the election. The law was repealed with 60.64% of voters deciding against the ban.
In Nebraska, a total of 106 ballot measures appeared on statewide ballots between 1985 and 2022. Sixty-five ballot measures were approved, and 41 ballot measures were defeated.
California governor signs bill to change veto referendum ballot language
California Gov. Gavin Newsom (D) signed Assembly Bill 421 (AB 421), which addresses the veto referendum process, on Sept. 8, 2023. The California State Legislature passed AB 241 on Sept. 5. AB 421 changed how veto referendums appear on the ballot, among other provisions. A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. For 2024, two veto referendums have qualified for the ballot so far.
Asm. Isaac Bryan (D-55) introduced AB 421 in Feb. 2023. The Senate voted 29-9 to pass the legislation, and the Assembly voted 55-17. In the Legislature, 99% of Democrats, minus absent members, supported the bill, and 100% of Republicans opposed the bill.
When a veto referendum appears on the ballot, voters can select “Yes” or “No”. In California, a “Yes” vote had the effect of upholding a bill, and a “No” vote had the effect of repealing the bill. AB 421 replaces “Yes” and “No” with “Keep the law” and “Overturn the law,” respectively.
AB 421 also requires the ballot title for veto referendums to be formatted as a question, rather than a statement. The question is formatted as follows: “Should California keep or overturn a law passed in [year statute was enacted] [no more than 15 words stating the general subject or nature of the law]?”
Under AB 421, the voter information guide needs to present the top three funders of the petition drive to repeal the law. For 2024, the top three donors to the referendum on AB 257, which would establish a fast-food council to regulate wages and working conditions, are Chipotle, In-N-Out Burger, and Starbucks. The top three donors to the referendum on SB 1137, which would prohibit new oil and gas wells within 3,200 feet of homes, schools, nursing homes, and hospitals, are Sentinel Peak Resources CA LLC, Signal Hill Petroleum, Inc., and E&B Natural Resources.
The legislation allows veto referendum proponents to withdraw their referendum before the election. In California, initiative proponents can withdraw qualified initiatives but referendum proponents cannot. Since 2014, when the withdrawal process was enacted, initiative proponents have withdrawn eight qualified initiatives.
Supporters of AB 421 include the California Democratic Party, the California Labor Federation, and the California Teachers Association. Opponents include the California Association of Realtors, the California Chamber of Commerce, and the California Restaurant Association.
The League of Women Voters of California, which also supports AB 421, wrote, "The League's experience has been that there is enormous voter confusion generated by a 'yes' vote being against the referendum but for the statute subject to it, and a 'no' vote being for the referendum but against the statute subject to it. Voters are often uncertain as to whether they are voting to reverse or preserve a law. AB 421 cuts through the confusion by replacing 'yes' and 'no' with a simple 'keep the law' and 'overturn the law,' helping voters better understand the ballot and make informed decisions."
The California Chamber of Commerce, which opposes AB 421, wrote, "Currently, a referendum that qualifies for the ballot asks voters to step in the shoes of the Legislature to consider the proposed statute. As such, voters vote for ('yes' on) the measure to approve the proposal, and against ('no') to reject it. AB 421 makes a major change in the role of the voters. Instead of 'standing in the shoes' of the Legislature, they would be asked instead to second-guess the Legislature ('Keep the law' v. 'Overturn the law'), which is a very different question. AB 421 makes the vote about the Legislature's action, not about the proposed statute itself. This is a profound difference from the historic intent and function of the referendum. Any such change, which we believe would be ill-advised, could likely only be made with a constitutional amendment."
AB 421 is the 35th bill related to ballot measure and recall law passed in 2023, and the first one enacted in California in 2023. The California State Legislature has considered six other pieces of legislation related to ballot measure and recall law since August, including a constitutional amendment to require initiatives that increase vote thresholds to receive the same vote threshold to be approved. The California State Legislature is expected to adjourn on Sept. 14, 2023.
California adopted a veto referendum process in Oct. 1911, when 76% of voters approved a constitutional amendment for a statewide initiative and referendum process. Since 1912, when the first veto referendum appeared on the ballot, voters have decided on 50 veto referendums in California, voting to uphold 21 (42%) and repeal 29 (58%).
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
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
- ↑ Ohio Secretary of State, "Ohio Issue 2," accessed July 29, 2021
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