The Tuesday Count: Hot-button issues resurfacing on future ballots

November 18, 2014

Edited by Brittany Clingen

Only two weeks have passed since the November 4 general election, and already, activists across the country are resurrecting issues from 2014 ballots and gearing up for new campaigns in 2015 and 2016. Marijuana, firearms and fracking all featured prominently on statewide and local ballots in 2014. If supporters can successfully land more of these measures on the ballot, future election cycles are bound to be just as, if not more, contentious, especially given that 2016 is a presidential election year.

Marijuana and firearms measures poised to appear on Nevada 2016 ballot:
After voters passed recreational marijuana measures in Oregon and Alaska, activists wasted no time mobilizing another campaign for 2016, this time in Nevada. The Coalition to Regulate Marijuana like Alcohol, which is officially supporting the measure, turned in over 200,000 signatures - approximately 98,000 more than the 101,667 required - by the November 11 deadline. If the measure appears on the 2016 ballot and is approved by voters, it would legalize one ounce or less of marijuana for recreational use for people who are at least 21 years old. The initiative would tax marijuana sales and allocate revenue from the tax to education. Democrats in the Silver State are trying to persuade Republicans, who now maintain a trifecta in the state government, to pass recreational marijuana use via legislation in order to avoid a ballot measure on the topic. Democrats contend that a marijuana question on the 2016 ballot will draw herds of Democratic voters to the polls, bolstering blue candidates' chances of success. If the legislature does not act on the issue, it will automatically be referred to voters as an initiated state statute in 2016.

Those in favor of stricter background checks on gun purchasers are riding the coattails of Washington's successful I-594. The proposed Nevada measure shares some similarities with I-594, which was passed at the polls in November. Upon voter approval, Nevada's measure would require that an unlicensed person who wishes to sell or transfer a firearm to another person conduct the transfer through a licensed gun dealer who runs a background check. A licensed dealer may charge a "reasonable fee" for his or her service. The measure exempts certain transfers of firearms from background checks, including transfers between immediate family members and temporary transfers while hunting or for immediate self-defense. The group, Nevadans for Background Checks, turned in approximately 250,000 signatures by the deadline, according to Kayla Keller, a spokeswoman for the group. Only 101,667 valid signatures were required to put the measure before the legislature in 2015. If no legislative action is taken, the measure will ultimately go before voters in 2016.

Local spotlight

• Maui County Genetically Modified Organism Moratorium Initiative (November 2014): Immediately after spending millions on a failed attempt to urge voters to defeat an anti-GMO initiative in Maui County, Hawaii, Dow Chemical and Monsanto decided to shell out even more money to fund a federal lawsuit against the measure. John Purcell, Monsanto Hawaii's business and technology lead, said, "This local referendum interferes with and conflicts with long-established state and federal laws that support both the safety and lawful cultivation of GMO plants." The court ordered a temporary injunction against enforcing the initiative while arguments on either side are heard. In response, proponents of the initiative filed a lawsuit in state courts hoping to force the county to enforce the initiative.

• City of Denton Fracking Ban Initiative (November 2014): Less than 12 hours after an initiative banning the process of fracking in Denton, Texas, was deemed certain to pass on November 4 - thereby making Denton the first city in Texas to permanently ban fracking - two lawsuits were filed against the measure. One was filed by the Texas Land Office, and a separate suit was filed by the Texas Oil and Gas Association. The court cases will boil down to questions of local autonomy and property rights. While state law gives authority and jurisdiction over oil and gas wells to the state's Railroad Commission, it gives local governments such as Denton the power to impose reasonable health and safety regulations. Therefore, the imminent court battles will revolve around where fracking lies with regard to these two powers and whether the initiative eliminates all options for profit from oil and gas drilling, thus violating property rights of mineral owners.

• City of La Habra Heights Ban on New Oil & Gas Wells and Fracking Initiative (March 2015): As the energy industry gears up to fight local bans approved in 2014, some anti-fracking activists have already looked ahead to 2015. On November 13, an ambitious anti-fracking initiative was officially put on next year's March 3 ballot in the city of La Habra Heights, California. The measure seeks to prohibit all fracking, as well as the drilling of any new oil and gas wells and the reactivation of old, unused wells. The initiative was designed to specifically target plans by Matrix Oil Co. to drill for oil on an 18-acre parcel at 2490 Las Palomas Drive, which is owned by the Southern California Gas Company.

Other measures in the news

• Maine Ranked Choice Voting Initiative (2015): Not since 1998 has a Maine Governor won a simple majority on election day. Ranked-choice voting proponents are seeking a new system to change that.
• Texas “Protect Religious Freedom” Amendment (2015): Supporters argue it would protect religious freedom, but opponents say it would be a "license to discriminate."
• California Proposition 67, Plastic Bag Ban Veto Referendum (2016): Veto referendum campaign has received $2.4 million from plastic bag companies. The signature deadline is December 29, 2014.

See also

2014 ballot measures

Tuesday Count • 2014 Scorecard

• Ballotpedia's Tuesday Count for 2014
• 2014 ballot measures
• Local ballot measure elections in 2014