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State Ballot Measure Monthly: September 2024
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By Ballot Measures Project Staff
This edition of the State Ballot Measure Monthly covers the certifications of state ballot measures, as well as notable ballot measure news, from August 7 through September 10.
2024 ballot measures
Overview: Nationally, 159 ballot measures have been certified in 41 states for elections in 2024.
Signatures submitted: Signatures have been submitted and are pending verification for the following citizen-initiated ballot measures:
- Arkansas Medical Marijuana Expansion Initiative (2024)
- Nebraska Medical Marijuana Legalization Initiative (2024)
- Nebraska Medical Marijuana Regulation Initiative (2024)
Changes in 2024 ballot measure numbers
Comparison to earlier years
So far, 159 state ballot measures have been certified for 2024. From 2012 through 2022, an average of 157 state ballot measures were certified through the second week of September of a general election year. An average of 157 total ballot measures were certified for even-numbered year ballots from 2012 through 2022.
2024 certifications
- See also: Ballotpedia's Tuesday Count for 2024
From August 7 through September 10, 19 statewide measures qualified for the ballot in seven states: Arizona, Colorado, Missouri, Montana, Nebraska, North Dakota, and Utah. Two initiatives were also withdrawn from the ballot in Colorado after proponents reached a legislative compromise with the state legislature.
August 13
- Arizona Proposition 139, Right to Abortion Initiative: The initiative would amend the state constitution to provide for the fundamental right to abortion that the state of Arizona may not interfere with before the point of fetal viability (defined as the point of pregnancy when there is significant chance of the survival of the fetus outside of the uterus without the application of extraordinary medical measures) unless justified by a compelling state interest (defined as a law or regulation enacted for the limited purpose of improving or maintaining the health of the individual seeking abortion care that does not infringe on that individual's autonomous decision making). Currently, abortion is legal for up to 15 weeks of pregnancy in Arizona.
- Missouri Proposition A, Minimum Wage and Earned Paid Sick Time Initiative: Proposition A would incrementally increase the state's minimum wage to $15 per hour by 2026. The minimum wage in Missouri is currently $12.30 per hour. It would also require employers to provide one hour of paid sick leave for every 30 hours worked. The initiative would require businesses with 15 or fewer employees to provide at least five paid sick days per year, while those with more than 15 employees must offer at least seven paid sick days annually. Employees can use this sick leave for their own illnesses or to care for family members.
- Missouri Amendment 2, Sports Betting Initiative: Amendment 2 would authorize the Missouri Gambling Commission to allow licensed entities to offer sports wagering through online sports wagering platforms to individuals located in the states, at excursion gambling boats, or at any location within each sports district. Sports wagering would be established in the state no later than December 1, 2025. Only individuals 21 years of age or older would be able to participate in sports wagering.
- Missouri Amendment 3, Right to Reproductive Freedom Initiative: Amendment 3 would amend the state constitution to provide the right for reproductive freedom, which is defined as "the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions," and providing that the state legislature may enact laws that regulate abortion after fetal viability, which is defined in the initiative as "in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures." In Missouri, abortion is banned with certain exceptions, which include saving the life or preventing a serious risk to the health of the pregnant woman.
- Nebraska Paid Sick Leave Initiative: The initiative would require employers to provide eligible employees earned paid sick time for personal or family health needs. Eligible employee means any individual employed by an employer in the state and does not include an individual who works for fewer than 80 hours in a calendar year. Employers with fewer than 20 employees would be required to provide 40 hours per year, and employers with 20 or more employees would be required to provide 56 hours.
- North Dakota Initiated Measure 5, Marijuana Legalization Initiative: Measure 5 would legalize recreational marijuana. Under the measure, individuals could possess up to 1 ounce of marijuana flower, four grams of cannabinoid concentrate, 1,500mg of THC in the form of cannabinoid products, and 300mg of edibles. Individuals would be allowed to grow three plants with a limit of six plants per household. The measure would require the Department of Health and Human Services, or another department or agency designated by the state legislature, to establish marijuana regulations, including for the production and distribution of marijuana by October 1, 2025. Under the measure, the department could license up to seven cultivation facilities and 18 marijuana retailers
August 20
- Arizona Proposition 140, Single Primary for All Candidates and Possible RCV General Election Initiative: Proposition 140 would change the state's electoral system, including replacing partisan primaries with primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, such as top-two or top-four primaries; requiring candidates to receive a majority of votes in general elections; requiring the use of ranked-choice voting in general elections when three or more candidates advance from the primaries (for one-winner general elections); and prohibiting using public funds to administer partisan primaries at the federal, state, and local levels, except for presidential preference primaries that allow independents to participate.
- Montana CI-128, Right to Abortion Initiative: CI-128 would amend the state constitution to provide an explicit constitutional right to abortion. Currently, the right to abortion in Montana depends on case law surrounding the constitution's right to privacy provision. In Armstrong v. State (1999), the Montana Supreme Court held that the state constitution's right to privacy included a right to abortion until fetal viability. The ballot initiative would state that "there is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion." The government would be permitted to regulate abortion after fetal viability, except "to protect the life or health of the pregnant patient." This right could not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means.
August 27
- Colorado Amendment 80, Constitutional Right to School Choice Initiative: Amendment 80 would provide in the state constitution that "Each K-12 child has the right to school choice." The amendment would state that “all children have the right to equal opportunity to access a quality education” and that “parents have the right to direct the education of their children.” Under the amendment, school choice would include neighborhood schools, charter schools, private schools, homeschools, open enrollment options, and future innovations in education.
- Colorado Proposition 128, Parole Eligibility Initiative: Proposition 128 would require offenders convicted of certain violent crimes on or after January 1, 2025, to serve at least 85% of their sentence before parole eligibility, and offenders with two prior violent crime convictions to serve their full sentence before beginning parole. Currently, in Colorado, an individual convicted of certain violent crimes can apply for parole after serving 75% of their sentence. Their sentences can further be reduced by earned time for good behavior.
- Montana CI-126, Top-Four Primary Initiative: CI-126 would create a top-four primary system for elections for governor, lieutenant governor, state executives, state legislators, and congressional offices. Under the system, every candidate would run in the same primary. Candidates could list a political party but would not be required to. Voters would be allowed to choose one candidate per office. The top four vote-getters would advance to the general election, regardless of their partisan affiliations.
- Montana CI-127, Majority Vote Required to Win Elections Initiative: CI-127 would require that a candidate for governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state legislature, and congressional offices must win a majority of the vote (rather than a plurality) to win the election, as provided by law. The state legislature would need to pass a law providing for an electoral system with majority vote winners. Examples of majority-vote systems include runoff elections and ranked-choice voting. Currently, state offices in Montana are elected in a plurality system, where the candidate with the most votes wins, even if the candidate did not receive a majority of the vote.
- Nebraska Right to Abortion Initiative: The measure would amend Article I of the Nebraska Constitution to add a new section providing a right to abortion until fetal viability, which is defined as "the point in pregnancy when, in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus' sustained survival outside of the uterus without the application of extraordinary medical measures." Currently, abortion is illegal after 12 weeks post-fertilization.
- Nebraska Prohibit Abortions After the First Trimester Amendment: The initiative would amend Article I of the Nebraska Constitution to add a new section to provide that "unborn children shall be protected from abortion in the second and third trimesters" except in cases of medical emergencies or pregnancies resulting from sexual assault or incest. Abortion is currently legal up to the 12th week of pregnancy in Nebraska. This measure would add the status of abortion to the state constitution, which would raise the threshold for changes from a simple majority of state legislatures to pass a law to require a constitutional amendment, either initiated by citizens or placed on the ballot by a 60% vote of the state legislature.
- Utah Amendment D, Provide for Legislative Alteration of Ballot Initiatives and Ban Foreign Contributions Measure: Amendment D would provide in the constitution that the state legislature has the power to amend or repeal a citizen initiative. The amendment contains a provision stating that the power would apply retroactively. The legislature also passed Senate Bill 4003, which would take effect if Amendment D is approved. SB 4003 would allow the state legislature to amend a voter-approved initiative by amending the law in such a way that, "in the Legislature's determination, leaves intact the general purpose of the initiative." The amendment would allow the state legislature to amend a voter-approved initiative "in any manner determined necessary by the Legislature to mitigate an adverse fiscal impact of the initiative".
September 3
- Colorado Proposition 129, Veterinary Professional Associate Initiative: The initiative would create the profession of veterinary professional associate (VPA), which would require a master’s degree and registration with the State Board of Veterinary Medicine. VPAs would be allowed to practice veterinary medicine under the supervision of a licensed veterinarian. The initiative would direct the Board of Veterinary Medicine would be charged with implementing requirements for licensing VPAs and establishing a nationally recognized credentialing organization to credential VPAs. The credentialing organization could require VPA candidates to complete a university-approved program for veterinary professional associates and pass a VPA exam.
- Colorado Proposition 130, Law Enforcement Funding Initiative: Proposition 130 would create the Peace Officer Training and Support Fund to provide funding for law enforcement training, retention, and hiring; training surrounding the use of force; and death benefits for surviving spouses and children of officers or first responders killed in the line of duty.
- Colorado Proposition 131, Top-Four Ranked-Choice Voting Initiative: Proposition 131 would establish top-four open primary elections and ranked-choice voting for U.S. Senate, U.S. House of Representatives, governor, attorney general, secretary of state, treasurer, Colorado University board of regents, state board of education, and state legislature. The initiative was set to take effect in 2026 if approved by voters. However, Senate Bill 210, passed by the Colorado State Legislature in 2024, changed state law to require local governments to independently adopt, use, and report on a new election system before statewide implementation. The law was estimated to have the effect of potentially delaying the implementation of the initiative to 2028.
- Removed — Colorado Property Tax Revenue Cap Initiative: This initiative would have limited property tax revenue from increasing beyond 4% growth from the total statewide property tax revenue collected in the previous year. Statewide voter approval would have been required to retain property tax revenue above the cap. The legislature passed House Bill 24B-1001, which was designed to reduce property taxes and cap local government and school district tax revenue growth. In exchange, Advance Colorado, the proponents of the initiative, agreed to withdraw this initiative.
- Removed — Colorado Property Tax Valuation Reduction Initiative: The initiative would have reduced the valuation rate for residential property to 5.7% and the nonresidential rate to 24%; requiring the state to reimburse local governments for revenue losses; and requiring the state to maintain current education funding levels. The legislature passed House Bill 24B-1001, which was designed to reduce property taxes and cap local government and school district tax revenue growth. In exchange, Advance Colorado, the proponents of the initiative, agreed to withdraw this initiative.
- Missouri Amendment 5, Osage River Gambling Boat License Amendment: Amendment 5 would permit the Missouri Gaming Commission, the state agency responsible for regulating gambling, to issue an additional license for a gambling boat to operate on the Osage River, specifically between the Missouri River and the Bagnell Dam, near the Lake of the Ozarks. The location will include an artificial space that contains water and must be within 500 feet of the 100-year base flood elevation as established by the Federal Emergency Management Agency. Under the measure, all state revenues derived from issuing gambling licenses will go to early-childhood literary programs for elementary public schools.
September 10
- Nebraska Authorize State Treasurer to Administer Education Scholarship Program Referendum: The veto referendum would partially repeal Legislative Bill 1402, which authorizes the state treasurer to administer an education scholarship program with a $10 million budget beginning in fiscal year 2024-2025. The program would distribute scholarships to eligible students to cover all or part of the cost of attending any nongovernmental, privately operated elementary or secondary school in the state that fulfills all accreditation requirements. LB 1402 requires that the average of the scholarship amounts awarded per student does not exceed 75% of the amount determined by the statewide average general fund operating formula per student.
Headlines
Six states will vote on ranked-choice voting measures this fall—the most ever in a single year
Six states—Alaska, Colorado, Idaho, Missouri, Nevada, and Oregon—have certified ballot measures for Nov. 5 related to adopting, repealing, or pre-empting ranked-choice voting. This is the most RCV-related statewide ballot measures being featured in any year. There are also two ballot initiatives, one in Arizona and one in Montana, that could lead to the adoption of RCV in these states, depending on how the legislatures choose to implement the proposals if approved.
On the ballot
Alaska Ballot Measure 2: This citizen initiative would repeal open top-four primaries and RCV general elections and return the state to partisan primaries and plurality voting at general elections, where the candidate who receives the highest number of votes wins. In 2020, Alaskans approved an initiative to adopt the top-four RCV electoral system by a margin of 50.55% to 49.45%.
Colorado Proposition 131: This citizen initiative would establish top-four open primary elections and ranked-choice voting for U.S. Senate, U.S. House of Representatives, governor, attorney general, secretary of state, treasurer, Colorado University board of regents, state board of education, and state legislature. Initiative sponsors submitted nearly 213,000 signatures on Aug. 1, 2024. To qualify, 124,238 signatures need to be declared valid. The state's deadline for verifying signatures is Aug. 30, 2024.
Idaho Proposition 1: This citizen initiative would establish top-four primaries and ranked-choice voting for general elections, which would apply to congressional, gubernatorial, and state, and county elected offices. Currently, all political party candidates for federal, state, district, and county elective offices must be nominated via primary election (judicial candidates are exempted from this requirement). Idaho law also stipulates that political parties can determine for themselves who may participate in their primary elections. The Democratic Party allows unaffiliated voters to vote in its primary. The Republican Party allows only voters registered with its party. Unaffiliated voters can choose to affiliate with a party on Election Day.
Missouri Amendment 7: This legislatively referred constitutional amendment would establish that each voter has one vote per issue or open seat. The amendment would prohibit the ranking of candidates. The amendment would also prohibit top-two primaries, top-four primaries, and other similar electoral systems. It would require primary elections in which only one candidate from each political party, the one who receives the most votes, advances to the general election. This would not apply to any nonpartisan municipal election that is in effect as of Nov. 5, 2024, such as St. Louis, where approval voting is used. The amendment would also provide that only U.S. citizens 18 years of age or older can vote, thereby prohibiting the state or local governments from allowing non-citizen voting.
Nevada Question 3: This citizen-initiated constitutional amendment would establish open top-five primaries and ranked-choice voting for general elections for congressional, gubernatorial, state executive official, and state legislative elections. In Nevada, initiated constitutional amendments need to be approved at two successive general elections. In 2022, the ballot initiative was approved as Question 3 by 52.94%-47.06%. Therefore, the ballot initiative must be approved for a second time on Nov. 5.
Oregon Measure 117: This legislatively referred state law would implement ranked-choice voting for elections to federal and state offices, including the president, U.S. senator, U.S. representative, governor, secretary of state, attorney general, state treasurer, and commissioner of labor and industries. The law would also require the secretary of state to establish a program to educate voters about RCV.
Related measures
Arizona Proposition 140: This citizen-initiated constitutional amendment would replace partisan primaries with primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, such as top-two or top-four primaries. The Arizona State Legislature would need to pass a bill to determine the number of candidates that advance from primaries to general elections. If it does not by a certain state, the secretary of state would determine the number. Proposition 140 would also require candidates to receive a majority of votes in general elections and require the use of ranked-choice voting in general elections when three or more candidates advance from the primaries (for one-winner general elections).
Montana CI-127: This citizen-initiated constitutional amendment would require that a candidate for governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state legislature, and congressional offices must win a majority of the vote (rather than a plurality) to win the election, as provided by law. The state legislature would need to pass a law providing for an electoral system with majority vote winners, such as runoff elections or ranked-choice voting.
From 1965 through 2023, there were six statewide ballot measures in four states (Alaska, Maine, Massachusetts, and Nevada). Voters approved four (66.7%) and rejected two (33.3%). All six proposed adopting ranked-choice voting. The measure receiving the highest rate of approval was Maine Question 1 (2018) with 53.88%, and the measure receiving the highest “no” vote was Alaska Ballot Measure 1 (2002) with 63.73%.
RCV is currently used statewide in Alaska and Maine and in Hawaii for certain elections. Fourteen states contain localities that either use or are scheduled to begin using RCV in municipal elections, and 10 states have enacted legislation prohibiting the use of RCV in any elections.
Footnotes
See also
- 2024 ballot measures
- Ballot initiatives filed for the 2024 ballot
- Ballot Measure Scorecard, 2024
- Ballotpedia's Tuesday Count for 2024
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